BAILII: Recent Decisions

Posted October 13th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Wynne-Finch & Ors v Natural Resources Body for Wales [2021] EWCA Civ 1473 (12 October 2021)

Revenue And Customs v Ampleaward Ltd [2021] EWCA Civ 1459 (08 October 2021)

High Court (Administrative Court)

KTT, R (on the application of) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin) (12 October 2021)

High Court (Commercial Court)

Dooley & Ors v Castle Trust & Management Services Ltd [2021] EWHC 2682 (Comm) (13 October 2021)

Deutsche Bank AG London v Comune di Busto Arsizio [2021] EWHC 2706 (Comm) (12 October 2021)

High Court (Family Division)

Malone, Re (Contempt of Court) [2021] EWHC 2723 (Fam) (11 October 2021)

High Court (Queen’s Bench Division)

Savigar v Ainscough Crane Hire Ltd [2021] EWHC 2707 (QB) (11 October 2021)

Source: www.bailii.org

UK Competition Appeal Tribunal certifies first excessive pricing class action – OUT-LAW.com

Posted October 13th, 2021 in appeals, class actions, competition, damages, news, telecommunications by sally

‘The Competition Appeal Tribunal (CAT) has given the go-ahead to the UK’s first “excessive pricing” abuse of dominance claim, which could involve up to 2.3 million customers and damages of up to £469 million, plus interest.’

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OUT-LAW.com, 12th October 2021

Source: www.pinsentmasons.com

Breach of Duty and Hospital Guidelines: Thorley v Sandwell & West Birmingham Hospitals NHS Trust [2021] EWHC 2604 (QB) – Ropewalk Clinical Negligence Blog

Posted October 13th, 2021 in causation, chambers articles, health, hospitals, medical treatment, negligence, news, personal injuries by sally

‘This case considered the interplay between hospital guidelines and breach of duty in the clinical negligence setting.’

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Ropewalk Clinical Negligence Blog, 12th October 2021

Source: www.ropewalk.co.uk

Harmful emissions and human rights duties – Local Government Lawyer

Posted October 13th, 2021 in children, environmental health, health, human rights, local government, news, waste by sally

‘Stephen Tromans QC and Victoria Hutton consider a significant High Court ruling on the duties of the Environment Agency in relation to a landfill site.’

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Local Government Lawyer, 8th October 2021

Source: www.localgovernmentlawyer.co.uk

Seeing wellbeing as a weakness must change for all our sakes – Family Law

Posted October 13th, 2021 in barristers, family courts, mental health, news by sally

‘Earlier this year we did a chambers wide audit of mental health and wellbeing and provided a wellbeing workshop for barristers and staff. I have been in practice for nearly thirty years and the mantra “work comes first” dominates my work ethic. I know this has been to my detriment. For example, going to court on the morning my father died because I couldn’t let the court down.’

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Family Law, 8th October 2021

Source: www.familylaw.co.uk

Speech by the President of the Family Division: Supporting Families in Conflict – There is a better way – Courts & Tribunals Judiciary

Posted October 13th, 2021 in children, dispute resolution, divorce, domestic violence, families, family courts, judges, speeches by sally

‘An Address by Sir Andrew McFarlane to the Jersey International Family Law Conference 2021.’

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Courts & Tribunals Judiciary, 11th October 2021

Source: www.judiciary.uk

Financial Remedy Update, October 2021 – Family Law Week

Posted October 13th, 2021 in bigamy, divorce, domestic violence, families, family courts, fees, financial dispute resolution, financial provision, foreign jurisdictions, inquiries, internet, media, news, Pakistan by sally

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

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Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

Court dismisses 28 separate divorce petitions with identical wording – Law Society’s Gazette

Posted October 13th, 2021 in divorce, families, family courts, news by sally

‘A family court judge has dismissed 28 divorce petitions from the same company after a finding that particulars of behaviour were “absolutely identical” to each other.

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

Court throws out wasted costs order bid against Baker McKenzie – Law Society’s Gazette

Posted October 13th, 2021 in costs, law firms, news, professional conduct, wasted costs orders by sally

‘A High Court judge has opted against making a wasted costs order against global firm Baker McKenzie following an application from their litigation opponents.’

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

Police officer cleared over moped rider’s death during high-speed chase – The Independent

Posted October 13th, 2021 in dangerous driving, homicide, news, police, professional conduct by sally

‘A Metropolitan Police officer has been cleared of causing the death by dangerous driving of an 18-year-old man during a high-speed chase.’

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The Independent, 12th October 2021

Source: www.independent.co.uk

Sarah Everard: Police forces to review allegations of sex offences and domestic abuse involving serving officers – The Independent

Posted October 13th, 2021 in abuse of position of trust, complaints, disciplinary procedures, domestic violence, indecent exposure, inquiries, kidnapping, murder, news, ombudsmen, police, professional conduct, rape, sexual offences, violence, women by sally

‘All police forces in England and Wales are to review allegations of indecent exposure, sex offences and violence against women by serving officers.’

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The Independent, 12th October 2021

Source: www.independent.co.uk

Richmond man who bit and throttled pregnant woman jailed – BBC News

Posted October 13th, 2021 in assault, harassment, imprisonment, news, pregnancy, restraining orders, sentencing by sally

‘A man who bit and throttled a pregnant woman during a 14-month campaign of abuse has been jailed.’

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BBC News, 12th October 2021

Source: www.bbc.co.uk

Trafficking victims should be granted leave to remain in UK, high court rules – The Guardian

Posted October 13th, 2021 in asylum, deportation, government departments, immigration, news, trafficking in human beings, victims, visas by sally

‘Thousands of victims of trafficking who have been left to languish in the immigration system for years should be granted leave to remain, the high court has said in a landmark ruling.’

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The Guardian, 12th October 2021

Source: www.theguardian.com

Amazon drivers look to sue for compensation over rights – BBC News

Posted October 13th, 2021 in class actions, compensation, contract of employment, employment, holiday pay, minimum wage, news, self-employment by sally

‘A law firm is seeking to launch a group action against Amazon over employee rights for delivery drivers.’

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BBC News, 13th October 2021

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted October 12th, 2021 in legislation by sally

SI 2021/1130 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021

SI 2021/1124 – The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021

SI 2021/1132 – The Jobseeker’s Allowance and Employment and Support Allowance (Amendment) Regulations 2021

SI 2021/1127 – The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2021

SI 2021/1125 – The Civil Enforcement of Parking Contraventions Designation Order 2021

SI 2021/1122 – The Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2021

SI 2021/1110 – The Radiation Emergency and Consultation Regulations 2021

SI 2021/1129 – The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2021

SI 2021/1128 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 12th, 2021 in law reports by sally

Court of Appeal (Civil Division)

MA (Iraq) & Anor v Secretary of State for the Home Department [2021] EWCA Civ 1467 (11 October 2021)

BAA & Anor, R (on the application of) v Secretary of State for the Home Department [2021] EWCA Civ 1428 (08 October 2021)

Pantellerisco & Ors v The Secretary of State for Work And Pensions (Rev2) [2021] EWCA Civ 1454 (08 October 2021)

Court of Appeal (Criminal Division)

O’Bryan, R. v (Rev1) [2021] EWCA Crim 1472 (11 October 2021)

High Court (Administrative Court)

Ali v Solicitors Regulation Authority Limited [2021] EWHC 2709 (Admin) (11 October 2021)

EFW Group Ltd v Secretary of State for Business, Energy And Industrial Strategy [2021] EWHC 2697 (Admin) (08 October 2021)

High Court (Chancery Division)

Brake & Ors v Chedington Court Estate Ltd (Transcript costs) [2021] EWHC 2700 (Ch) (08 October 2021)

High Court (Commercial Court)

Ure Energy Ltd v Notting Hill Genesis [2021] EWHC 2695 (Comm) (08 October 2021)

Quartz Assets LLC & Anor v Kestrel Coal Midco Pty Ltd [2021] EWHC 2675 (Comm) (08 October 2021)

Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 2702 (Comm) (08 October 2021)

NWA & Anor v NVF & Ors [2021] EWHC 2666 (Comm) (08 October 2021)

High Court (Family Division)

A Borough Council v E & Ors (No. 2) (Refusal of Secure Accommodation Order) [2021] EWHC 2699 (Fam) (11 October 2021)

High Court (Patents Court)

Teva Pharmaceutical Industries Ltd & Anor v Ayer Healthcare LLC [2021] EWHC 2690 (Pat) (08 October 2021)

Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat) (05 October 2021)

High Court (Queen’s Bench Division)

Prior & Ors v The Commissioner of Police of the Metropolis [2021] EWHC 2672 (QB) (08 October 2021)

Wright v McCormack [2021] EWHC 2671 (QB) (08 October 2021)

Source: www.bailii.org

Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness – UK Constitutional Law Association

Posted October 12th, 2021 in Administrative Court, bills, compensation, damages, judicial review, news by sally

‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’

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UK Constitutional Law Association, 12th October 2021

Source: ukconstitutionallaw.org

Homelessness – renewed applications and overlooked facts – Nearly Legal

Posted October 12th, 2021 in asylum, homelessness, housing, judicial review, local government, mental health, news, post-traumatic stress disorder by sally

‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’

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Nearly Legal, 10th October 2021

Source: nearlylegal.co.uk

Courts and tribunals to upgrade video technology, Burnett says – Legal Futures

Posted October 12th, 2021 in civil justice, courts, lists, news, remote hearings, tribunals by sally

‘A new Video Hearings Service (VHS), upgrading the Cloud Video Platform (CVP) used during Covid, is to be rolled out across courts and tribunals, the Lord Chief Justice has revealed.’

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Legal Futures, 11th October 2021

Source: www.legalfutures.co.uk

Uber Faces Legal Action Over ‘Racist’ Facial Recognition Software – Each Other

Posted October 12th, 2021 in artificial intelligence, computer programs, facial mapping, news, race discrimination, taxis by sally

‘Uber is facing legal action following revelations that its facial recognition algorithm is five times more likely to cause the termination of darker-skinned workers.’

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Each Other, 11th October 2021

Source: eachother.org.uk