BAILII: Recent Decisions
Court of Appeal (Civil Division)
MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 (15 October 2021)
Hirachand v Hirachand & Anor [2021] EWCA Civ 1498 (15 October 2021)
Court of Appeal (Criminal Division)
White, R. v [2021] EWCA Crim 1511 (15 October 2021)
High Court (Administrative Court)
Stonewater (2) Ltd v Wealden District Council [2021] EWHC 2750 (Admin) (15 October 2021)
High Court (Chancery Division)
High Court (Commercial Court)
Eim v Stacha [2021] EWHC 2761 (Comm) (14 October 2021)
High Court (Queen’s Bench Division)
Square Developments Richmond Ltd v Blakebrough & Ors [2021] EWHC 2756 (QB) (15 October 2021)
High Court (Technology and Construction Court)
Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2747 (TCC) (14 October 2021)
Source: www.bailii.org
Upper Tribunal decides modified Paposhvili test applies to mental illness/risk of suicide cases – EIN Blog
‘In MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC) (23 August 2021), the Upper Tribunal made it clear from the outset that the appellant’s appeal was allowed on Article 3 health grounds, which was the determinative issue in the appeal.’
EIN Blog, 15th October 2021
Source: www.ein.org.uk
Michael Foran: Parliamentary Sovereignty and the Politics of Law-making – UK Constitutional Law Association
‘Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal terms: it is a legal principle with legal effect, speaking to other legal entities within our constitutional order regarding how they are to exercise their legal functions in light of legislation passed by Parliament. In essence, it is a doctrine of legislative supremacy which honours Parliament’s constitutional role by according its enactments their due authority. On this view, no discernible distinction exists between parliamentary sovereignty and Parliament’s law-making powers because sovereignty describes the scope and weight of those very powers.’
UK Constitutional Law Association, 18th October 2021
Source: ukconstitutionallaw.org
Landlord ordered to pay more than £33k in fines and costs over failure to license property – Local Government Lawyer
‘Merton Council has successfully prosecuted a landlord and his associated property agency for letting unsafe properties and operating in an unlicensed manner.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
CFA costs payable as part of maintenance award, CoA rules – Law Society’s Gazette
‘The Court of Appeal has ruled that a judge was correct to include some costs in a maintenance-based award, after the claimant had successfully secured part of her father’s estate.’
Law Society's Gazette, 15th October 2021
Source: www.lawgazette.co.uk
Concern police will be able to ‘strong-arm’ NHS to hand over patient data under new plans – The Independent
‘Police forces will be able to “strong-arm” NHS bodies into handing over confidential patient data under planned laws that have sparked fury from doctors’ groups and the UK’s medical watchdog.’
The Independent, 17th October 2021
Source: www.independent.co.uk
Man shot by police was unlawfully killed, inquest finds – The Independent
‘A man who was shot dead by police while carrying an axe through the centre of Hull was unlawfully killed, an inquest jury has ruled.’
The Independent, 16th October 2021
Source: www.independent.co.uk
Last-minute legal claims brought by deportees due to ‘shambolic’ advice system in detention, lawyers warn – The Independent
‘Last-minute legal claims are being brought by people facing deportation due to the “shambolic” legal advice system in removal centres, lawyers have warned.’
The Independent, 17th October 2021
Source: www.independent.co.uk
Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts – The Independent
‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’
The Independent, 17th October 2021
Source: www.independent.co.uk
Thousands of potential trafficking victims held in immigration centres, data shows – The Guardian
‘More than 4,500 people have been held in immigration detention in England and Wales before being released into the community and only then identified as potential victims of trafficking, official figures for the past five years show.
Charities claim the figures demonstrate a “detain first, ask later” attitude that runs counter to the fight against modern slavery and suggest others are probably being deported without having been referred for support. They fear the situation will be exacerbated by the nationality and borders bill, which they say makes it harder to identify victims.’
The Guardian, 18th October 2021
Source: www.theguardian.com
BAILII: Recent Decisions
Supreme Court
Anwar v The Advocate General for Scotland (Scotland) [2021] UKSC 44 (13 October 2021)
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
Paddon, R. v [2021] EWCA Crim 1485 (14 October 2021)
T, R. v [2021] EWCA Crim 1474 (14 October 2021)
R v STC Limited and others [2021] EWCA Crim 1237 (13 October 2021)
R v Jack Halliwell [2021] EWCA Crim 1189 (13 October 2021)
R v Adam Waring [2021] EWCA Crim 1369 (13 October 2021)
High Court (Administrative Court)
Litwinczuk & Ors v Regional Court, Zamosc, Poland & Ors [2021] EWHC 2735 (Admin) (13 October 2021)
Arowojolu v General Medical Council [2021] EWHC 2725 (Admin) (13 October 2021)
High Court (Chancery Division)
Bass & Ors v Buchanan [2021] EWHC 2740 (Ch) (14 October 2021)
Scuderia Prestige Automobile Ltd v Malik [2021] EWHC 2744 (Ch) (14 October 2021)
High Court (Family Division)
L (Return Order), Re [2021] EWHC 2737 (Fam) (13 October 2021)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Castello v Gonschior [2021] EWHC 2742 (QB) (14 October 2021)
Ovu v London Underground Ltd (duty of care) [2021] EWHC 2733 (QB) (13 October 2021)
Source: www.bailii.org
Recovering commercial rent during the pandemic – Local Government Lawyer
‘Clare Hartley and Chloe Postlethwaite analyse the latest favourable ruling for landlords in relation to commercial rent recovery during Covid-19, a judgment that confirms landlords can currently still rely on the court route notwithstanding the UK Government’s plans for arbitration next year.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
Parental responsibility: a short guide for local authority SEND teams – Local Government Lawyer
‘Grace-Mary Sweeney of LASEN explores the concept of parental responsibility, how it interacts with education law, and some practical implications for Local Authority SEND Teams.’
Local Government Lawyer, 15th October 2021
Source: www.localgovernmentlawyer.co.uk
Yacht skipper jailed following Border Force sea interception – Home Office
‘A Dutch national who was caught in the process of sneaking 9 Albanian nationals into the UK in a sailing vessel has been jailed.’
Home Office, 13th October 2021
Source: www.gov.uk
Research Briefing: Financial support for family and friends carers (kinship carers) – House of Commons Library
‘This House of Commons Library briefing paper considers what help is available for grandparents and other family and friends carers (also known as kinship carers) looking after children where their parents are not in a position to do so.’
House of Commons Library , 7th October 2021
Source: commonslibrary.parliament.uk
