BAILII: Recent Decisions
Supreme Court
Ho v Adelekun [2021] UKSC 43 (06 October 2021)
Court of Appeal (Civil Division)
John Doyle Construction Ltd v Erith Contractors Ltd [2021] EWCA Civ 1452 (07 October 2021)
H-W (Children: Proportionality) [2021] EWCA Civ 1451 (07 October 2021)
Griffiths v Tui (UK) Ltd [2021] EWCA Civ 1442 (07 October 2021)
Revenue And Customs v Fisher & Ors [2021] EWCA Civ 1438 (06 October 2021)
Banks v Revenue And Customs [2021] EWCA Civ 1439 (06 October 2021)
Court of Appeal (Criminal Division)
Ambrose & Ors v Post Office Ltd [2021] EWCA Crim 1443 (07 October 2021)
High Court (Chancery Division)
Brearley v Higgs & Sons (a firm) [2021] EWHC 2635 (Ch) (07 October 2021)
High Court (Commercial Court)
Asprey Capital Ltd v Rediresi Ltd [2021] EWHC 2662 (Comm) (07 October 2021)
High Court (Family Division)
Manchester University NHS Foundation Trust v Fixsler & Ors [2021] EWHC 2664 (Fam) (06 October 2021)
An NHS Trust v D (A Minor : Out of Hours Application) [2021] EWHC 2676 (Fam) (05 October 2021)
High Court (Queen’s Bench Division)
Source: www.bailii.org
Court of Appeal rules on the legality of Christian requirement by fostering agency – UK Human Rights Blog
‘In this claim for judicial review, the issue was whether it was lawful for the claimant independent fostering agency (Cornerstone) only to accept heterosexual evangelical Christians as potential carers under the Equality Act 2010 (EA 2010) and the European Convention on Human Rights (the Convention).’
UK Human Rights Blog, 7th October 2021
Source: ukhumanrightsblog.com
Tens of thousands more criminals to be tagged to cut crime and protect victims – Ministry of Justice
‘Almost 26,000 extra offenders will be tagged over the next 3 years under an ambitious £180 million plan to expand the use of electronic monitoring to cut crime.’
Ministry of Justice, 5th October 2021
Source: www.gov.uk
Euston tunnel HS2 protesters walk free from court – The Guardian
‘Six environmental protesters who occupied a tunnel close to Euston station in protest against the HS2 high-speed link earlier this year walked free from court after charges in connection with the occupation were dismissed by a judge.’
The Guardian, 6th October 2021
Source: www.theguardian.com
Capability and conduct dismissals – Local Government Lawyer
‘Can the Employment Tribunal “go behind” a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling.’
Local Government Lawyer, 8th October 2021
Source: www.localgovernmentlawyer.co.uk
Interim and final injunctions: the differences – Local Government Lawyer
‘Roderick Morton considers two injunction cases which neatly illustrate the differences between interim and final injunctions.’
Local Government Lawyer, 8th October 2021
Source: www.localgovernmentlawyer.co.uk
Speech by the Lord Chief Justice on the 125th anniversary of the Commercial Court – Courts & Tribunals Judiciary
‘Speech by the Lord Chief Justice on the 125th anniversary of the Commercial Court.’
Courts & Tribunals Judiciary, 7th October 2021
Source: www.judiciary.uk
Court lets late solicitors off hook – but don’t expect more ‘indulgence’ – Law Society’s Gazette
‘ The High Court has shown a rare act of mercy to lawyers who filed documents late without checking to see if their opponents would accept email service. In Citysprint UK Ltd v Barts Health NHS Trust Mr Justice Fraser stressed that the particular circumstances were unusual and that his ruling should not be interpreted as the court being “indulgent” to failures of compliance.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
Claimant loses in Court of Appeal despite defendant offering no evidence – Law Society’s Gazette
‘The Court of Appeal has found – albeit by a majority verdict – in favour of a defendant who offered no evidence to support their case and did not cross-examine the claimant’s instructed expert. The ruling on uncontroverted evidence in Griffiths v Tui will be a blow for personal injury firms with hundreds of holiday sickness claims waiting on the result.’
Law Society's Gazette, 7th October 2021
Source: www.lawgazette.co.uk
Major NHS trust downgraded by care watchdog amid safety fears – The Independent
‘One of the largest hospital trusts in England has been downgraded by the care watchdog amid safety fears and criticism that bosses did not act on staff concerns.’
The Independent, 8th October 2021
Source: www.independent.co.uk
Man jailed for posing as a police officer and trying to ‘arrest’ woman – The Independent
‘A man has been jailed after impersonating a police officer and attempting to “arrest” a woman.’
The Independent, 8th October 2021
Source: www.independent.co.uk
Research Briefing: Powers of attorney and other decision-making powers – House of Commons Library
‘This Commons Library briefing paper deals with powers of attorney and other ways of authorising someone to make a decision for another person in England and Wales.’
House of Commons Library, 6th October 2021
Source: commonslibrary.parliament.uk
Insight: Sarah Everard’s murder: Home Secretary commissions public inquiry – House of Commons Library
‘Priti Patel has launched a non-statutory inquiry following the sentencing of Sarah Everard’s killer. The chair and terms of reference have yet to be announced.’
House of Commons Library, 6th October 2021
Source: commonslibrary.parliament.uk
School’s failure to monitor internet use contributed to teenage girl’s suicide, coroner rules – The Independent
‘A school’s failure to sufficiently monitor the internet activity of an autistic teenage girl “contributed” to her suicide, a coroner has concluded.’
The Independent, 7th October 2021
Source: www.independent.co.uk
Calls for employment law change as parents routinely forced to use holiday leave to look after sick children – The Independent
‘Parents are being forced to use holiday leave to look after their children when they get sick, a new study has found.’
The Independent, 7th October 2021
Source: www.independent.co.uk
Milad Rouf: Student jailed for Brighton acid attack – BBC News
‘A medical student who threw sulphuric acid over his former girlfriend while disguised as a woman has been jailed for 11 years.’
BBC News, 8th October 2021
Source: www.bbc.co.uk
Supreme Court backs claimants in QOCS set-off ruling – Legal Futures
‘The Supreme Court has held that defendants cannot set off opposing costs orders in cases covered by qualified one-way costs shifting (QOCS), in what has been hailed as a significant win for claimants.’
Legal Futures, 6th October 2021
Source: www.legalfutures.co.uk
Crimes of Arrival in the Nationality and Borders Bill – EIN Blog
‘The Nationality and Borders Bill further criminalises people coming to the UK to seek asylum. It does so by switching the emphasis from “entering” the UK to “arriving” in the UK. The difference is significant. Together with a combination of other powers, it means that people can be stopped from crossing the English Channel in small boats and turned away for criminal behaviour. If by luck they land on the English coastline, they can be prosecuted. But many such people will be asylum seekers, with a right to come to the UK and seek asylum. The proposal ignores the provision of the Refugee Convention (Article 31) that prohibits penalties being imposed on Refugees who enter or are present in a country without authorisation. The result is incompatible with UK international commitments.’
EIN Blog, 6th October 2021
Source: www.ein.org.uk
