BAILII: Recent Decisions
Supreme Court
Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 (26 October 2021)
Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 (26 October 2021)
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
Adams, R. v [2021] EWCA Crim 1525 (25 October 2021)
High Court (Administrative Court)
De Mercur v Croydon Magistrates Cour [2021] EWHC 2874 (Admin) (27 October 2021)
High Court (Chancery Division)
CBPE Capital Fund VIII A LP v Taranissi [2021] EWHC 2855 (Ch) (27 October 2021)
European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) (27 October 2021)
The Financial Conduct Authority v Carillion Plc [2021] EWHC 2871 (Ch) (27 October 2021)
Brookman & Anor v Potts & Anor [2021] EWHC 2861 (Ch) (27 October 2021)
Walker v The Official Receiver [2021] EWHC 2868 (Ch) (26 October 2021)
Source: www.bailii.org
Supreme Court considers asylum claim decided under quashed fast track rules – UK Human Rights Blog
‘In 2015, the Court of Appeal found that the fast-track procedure rules for appeals against the refusal of some types of asylum claim (the FTR) was “structurally unfair, unjust and ultra vires” (R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, known as DA6). The Court of Appeal quashed the FTR because this structural unfairness “created a risk that the applicants would have inadequate time to obtain advice, marshall their evidence and properly present their cases”, which “created an unacceptable risk of unfairness in a significant number of cases”.’
UK Human Rights Blog, 26th October 2021
Source: ukhumanrightsblog.com
Widnes baby death: Father guilty of son’s murder – BBC News
‘The father of a baby boy who died after suffering “horrific” head injuries has been found guilty of his murder.’
BBC News, 26th October 2021
Source: www.bbc.co.uk
Wayne Couzens launches appeal against whole-life sentence for Sarah Everard murder – The Independent
‘Sarah Everard’s murderer is appealing against the whole-life sentence he was given at the Old Bailey last month, it has emerged.’
The Independent, 27th October 2021
Source: www.independent.co.uk
Woman cleared of obstructing Met police after partner shot with stun gun – The Guardian
‘The case against a black woman charged with obstructing the police when officers shot her partner with a stun gun in the family home has collapsed.’
The Guardian, 26th October 2021
Source: www.theguardian.com
Law firm first to sell advice using cryptocurrency tokens – Legal Futures
‘A law firm based in Bristol will auction two and a half hours of chargeable time next month in the form of three unique cryptocurrency tokens.’
Legal Futures, 27th October 2021
Source: www.legalfutures.co.uk
Human rights applications and statutory rights to appeal – the domestic abuse context – EIN Blog
‘For a while now, the case of MY (Pakistan) [2021] EWCA Civ 1500 has been pending before the Court of Appeal. The appealed decision, made by the Upper Tribunal (IAC) on 17 February 2020, removed the right to a statutory appeal where the Home Office had not considered any human rights arguments raised in an immigration application.’
EIN Blog, 26th October 2021
Source: www.ein.org.uk
Qualified one-way costs shifting – Law Society’s Gazette
‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
CoA overturns ruling in sex-worker visit case – Law Society’s Gazette
‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’
Law Society's Gazette, 25th October 2021
Source: www.lawgazette.co.uk
Statutory Instruments – legislation.gov.uk
SI 2021/1173 – The Financial Services Act 2021 (Commencement No. 3) Regulations 2021
SI 2021/1172 – The Firearms (Amendment) (No. 2) Rules 2021
SI 2021/1171 – The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2021
SI 2021/1170 – The Digital Economy Act 2017 (Commencement No. 8) Regulations 2021
SI 2021/1169 – The Competition Act 1998 (Carbon Dioxide) (Public Policy Exclusion) Order 2021
SI 2021/1164 – The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021
Source: www.legislation.gov.uk
BAILII: Recent decisons
Supreme Court
FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 (20 October 2021)
Court of Appeal (Civil Division)
Alam v Secretary of State for the Home Department [2021] EWCA Civ 1538 (22 October 2021)
The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527 (22 October 2021)
Court of Appeal (Criminal Division)
Harris, R. v [2021] EWCA Crim 1542 (22 October 2021)
Nugent, R v. [2021] EWCA Crim 1535 (22 October 2021)
Khan, R. v [2021] EWCA Crim 1526 (21 October 2021)
High Court (Administrative Court)
Ukiwa v Bar Standards Board [2021] EWHC 2830 (Admin) (22 October 2021)
High Court (Chancery Division)
Griffin (/a Simon Griffin Antiques Ltd) v Brown & Ors [2021] EWHC 2810 (Ch) (22 October 2021)
Chapman v Clarence Court Eggs Ltd & Anor [2021] EWHC 2743 (Ch) (21 October 2021)
Higgins v Morgan & Ors [2021] EWHC 2846 (Ch) (21 October 2021)
High Court (Commercial Court)
Shulman v Hogan Lovells International LLP [2021] EWHC 2779 (Comm) (22 October 2021)
Huntsworth Wine Company Ltd v London City Bond Ltd [2021] EWHC 2831 (Comm) (22 October 2021)
Selevision Saudi Company v Bein Media Group LLC [2021] EWHC 2802 (Comm) (22 October 2021)
M/V Pacific Pearl Co. Ltd v Osios David Shipping Inc. [2021] EWHC 2808 (Comm) (21 October 2021)
High Court (Family Division)
W (A Child). Re [2021] EWHC 2844 (Fam) (25 October 2021)
Lincolnshire County Council v CB & Ors [2021] EWHC 2813 (Fam) (21 October 2021)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Duffield v Metamorph Law Ltd [2021] EWHC 2795 (QB) (26 October 2021)
Parker v McClaren [2021] EWHC 2828 (QB) (22 October 2021)
Scumaci v Martin [2021] EWHC 2833 (QB) (22 October 2021)
Kamath v Blackpool Teaching Hospitals NHS Foundation Trust [2021] EWHC 2811 (QB) (22 October 2021)
Parkes v Hall & Ors [2021] EWHC 2824 (QB) (22 October 2021)
Altaf & Ors v Close Brothers Ltd [2021] EWHC 2823 (QB) (21 October 2021)
Stammers v Dyson [2021] EWHC 2805 (QB) (20 October 2021)
Bitar v Banque Libano-Francaise S.A.L. [2021] EWHC 2787 (QB) (20 October 2021)
High Court (Technology and Construction Court)
Bdw Trading Ltd v URS Corporation Ltd & Anor [2021] EWHC 2796 (TCC) (22 October 2021)
Source: www.bailii.org
Jailed man fails in bid to blame lawyers for dropping conviction appeal – Legal Futures
‘The Court of Appeal has rejected an attempt by a man found guilty of soliciting the murder of his partner to blame his lawyers for abandoning his appeal against conviction.’
Legal Futures, 26th October 2021
Source: www.legalfutures.co.uk
David Davis vows to lead rebellion against judicial review changes – The Guardian
‘The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.’
The Guardian, 25th October 2021
Source: www.theguardian.com
Housing Ombudsman urges social landlords to adopt “zero tolerance approach” on damp and mould – Local Government Lawyer
‘The Housing Ombudsman has called on social landlords to adopt a zero-tolerance approach to damp and mould, saying it needs to be a higher priority.’
Local Government Lawyer, 26th October 2021
Source: www.localgovernmentlawyer.co.uk
Birmingham man tried to kill baby with poisoned milk bottle – BBC News
‘A man who tried to kill a newborn baby by giving her prescription drugs in a milk bottle has been jailed.’
BBC News, 25th October 2021
Source: www.bbc.co.uk
Significant Rise In Anti-LGBTQ+ Hate Crime Since 2015 – Each Other
‘In 2014-15, there were 6,363 reports of hate crimes based on sexual orientation. Comparatively, in 2020-21, there were 19,679 reports. For 2014-15, 598 transphobic hate crimes were reported but in 2020-21, 2,588 were reported.’
Each Other, 25th October 2021
Source: eachother.org.uk
Police sexual misconduct: ‘No place’ for officers who abuse authority – BBC News
‘Police officers and staff who abuse their position for a sexual purpose have “no place in policing and will be found out”, a watchdog has warned.’
BBC News, 26th October 2021
Source: www.bbc.co.uk
