BAILII: Recent Decisions
Court of Appeal (Civil Division)
Kensquare Ltd v Boakye [2021] EWCA Civ 1725 (22 November 2021)
High Court (Administrative Court)
Director of Public Prosecutions v Briedis & Anor [2021] EWHC 3155 (Admin) (23 November 2021)
High Court (Commercial Court)
High Court (Family Division)
F v M [2021] EWHC 3133 (Fam) (23 November 2021)
Source: www.bailii.org
Samuel Beswick: Prospective Quashing and the Rule of Law – UK Constitutional Law Association
‘The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates the Rule of Law. That much seems to be a matter of general agreement. But commentators drastically disagree on how it does so. Three contrasting positions on the relationship between prospective quashing and the Rule of Law have emerged: (1) that prospective-only quashing offends the Rule of Law; (2) that the technique enhances judicial flexibility without undermining the Rule of Law; and (3) that prospective-only quashing enhances the Rule of Law.’
UK Constitutional Law Association, 23rd November 2021
Source: ukconstitutionallaw.org
Acting for both sides “may become the norm” in divorce work – Legal Futures
‘A future where lawyers act for both sides of divorces as a matter of course and others exit regulation to offer a new kind of service has been sketched out by Resolution.’
Legal Futures, 23rd November 2021
Source: www.legalfutures.co.uk
Father’s court battle to save daughter from cult’s clutches – BBC News
‘A dad who went to court to save his daughter from the clutches of a cult has told BBC’s File on 4 programme the groups have been ripping families apart. The programme has spoken to experts who claimed there were as many as 2,000 suspected cults active in the UK, with some recruiting university students.’
BBC News, 23rd November 2021
Source: www.bbc.co.uk
UK legal group warns of information blackout on sewage discharges – The Guardian
‘A legal action group is warning there may be an information blackout on sewage discharges by water companies for years, after the Environment Agency announced an inquiry into more than 2,000 sites.’
The Guardian, 22nd November 2021
Source: www.theguardian.com
“Autonomy does not evaporate with loss of capacity”: Court of Protection – UK Human Rights Blog
‘This was one of those deeply troubling cases where there was disagreement amongst the family members over whether their incapacitated brother/father should continue with clinically assisted nutrition and hydration. One brother had applied for ANH to be discontinued, but because of the objections of the other siblings, it was said that he would “continue to be cared for by nursing staff”.’
UK Human Rights Blog, 22nd November 2021
Source: ukhumanrightsblog.com
Sarah Everard: Chairwoman of inquiry into murder announced – BBC News
‘An independent inquiry into the murder of Sarah Everard will receive greater powers if the newly appointed chairwoman is unable to fulfil her remit, the home secretary has said.’
BBC News, 22nd November 2021
Source: www.bbc.co.uk
Recitation is not application – Nearly Legal
‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’
Nearly Legal, 21st November 2021
Source: nearlylegal.co.uk
Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com
‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’
OUT-LAW.com, 19th November 2021
Source: www.pinsentmasons.com
Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog
‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’
UK Human Rights Blog, 22nd November 2021
Source: ukhumanrightsblog.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Loveridge & Anor v Loveridge [2021] EWCA Civ 1697 (19 November 2021)
Cunningham v Rochdale Metropolitan Borough Council [2021] EWCA Civ 1719 (19 November 2021)
Court of Appeal (Criminal Division)
Jex & Ors, R. v [2021] EWCA Crim 1708 (19 November 2021)
AAM, R. v [2021] EWCA Crim 1720 (19 November 2021)
High Court (Administrative Court)
Orsos v Pecs District Court, Hungary [2021] EWHC 3097 (Admin) (19 November 2021)
Marosan v Court of Cluj-Napoca (Romania) [2021] EWHC 3098 (Admin) (19 November 2021)
High Court (Chancery Division)
Charterhouse Asset Management Ltd v Latchworth Ltd [2021] EWHC 3072 (Ch) (19 November 2021)
High Court (Family Division)
Re P (Presumption of Death) [2021] EWHC 3099 (Fam) (19 November 2021)
High Court (Queen’s Bench Division)
National Highways Ltd v Heyatawin & Ors (Costs) [2021] EWHC 3093 (QB) (18 November 2021)
Source: www.bailii.org
Lord Leggatt, What is the point of commercial law? – Supreme Court
‘Lord Leggatt, What is the point of commercial law?’
Supreme court, 2nd November 2021
Source: www.supremecourt.uk
The importance of due process, communication and fairness in employee conduct investigations – what you need to know. – Local Government Lawyer
‘Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.’
Local Government Lawyer, 19th November 2021
Source: www.localgovernmentlawyer.co.uk
High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer
‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’
Local Government Lawyer, 19th November 2021
Source: www.localgovernmentlawyer.co.uk
Law firm ordered to pay £1,000 for employee’s “racist” comment – Legal Futures
‘A law firm employee has been awarded damages of £1,000 after a colleague targeted him with a discriminatory comment based on his Pakistani heritage.
Legal Futures, 22nd November 2021
Source: www.legalfutures.co.uk
Supreme Court hears Kurdish flags appeal – Law Society’s Gazette
‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’
Law Society's Gazette, 22nd November 2021
Source: www.lawgazette.co.uk
Colin Pitchfork: Double child killer arrested and recalled to prison two months after release – The Independent
‘Colin Pitchfork has been arrested and sent back to prison just two months after being released, the Ministry of Justice (MoJ) announced on Friday. He was let out in September after spending 33 years in jail for murdering two teenage girls in the 1980s.’
The Independent, 20th November 2021
Source: www.independent.co.uk
