BAILII: Recent Decisions
Court of Appeal (Civil Division)
Steve Hill Ltd v Witham [2021] EWCA Civ 1312 (26 August 2021)
Court of Appeal (Criminal Division)
Asplin & Ors, R. v [2021] EWCA Crim 1313 (25 August 2021)
High Court (Administrative Court)
Cornea v Tribunal Arges, Romania [2021] EWHC 2373 (Admin) (24 August 2021)
Trijonis v Klaipeda Circuit Court, Republic of Lithuania [2021] EWHC 2379 (Admin) (24 August 2021)
Patel v Government of the United States of America [2021] EWHC 2375 (Admin) (24 August 2021)
High Court (Chancery Division)
Haque v Hussain & Ors [2021] EWHC 2347 (Ch) (26 August 2021)
Philip Warren & Son Ltd v Lidl Great Britain Ltd & Ors [2021] EWHC 2372 (Ch) (26 August 2021)
CGL Realisations Ltd, Re [2021] EWHC 2395 (Ch) (25 August 2021)
High Court (Commercial Court)
High Court (Family Division)
Guy’s & St Thomas’ NHS Foundation Trust & Anor v M & Ors [2021] EWHC 2377 (Fam) (25 August 2021)
High Court (Queen’s Bench Division)
Harrison v Intuitive Business Consultants Ltd & Ors [2021] EWHC 2396 (QB) (26 August 2021)
Desporte v Bull [2021] EWHC 2370 (QB) (25 August 2021)
Source: www.bailii.org
Property guardians, possession claims and appearance of a defence for CPR 55.8 – Nearly Legal
‘Global 100 Ltd v Kyselakova & Ors (2021) EW Misc 13 (CC). This is the judgment in an appeal to a Circuit Judge – HHJ Luba QC – from a possession order made by a District Judge at the first hearing of the possession claim. The issues involved the threshold for “circumstances where the defendant had disputed the claim on grounds that appeared to be substantial.” for the purposes of CPR 55.8, (which is of broad application to all residential possession claims) as well as putative defences to the claim.’
Nearly Legal, 25th August 2021
Source: nearlylegal.co.uk
Court of Appeal: film partnerships were trading with a view to profit – OUT-LAW.com
‘Two film partnerships were carrying on a trade with a view to profit, meaning that loss relief was available to individual investors, the Court of Appeal has decided, restoring a decision of the First-tier Tribunal (FTT).’
OUT-LAW.com, 26th August 2021
Source: www.pinsentmasons.com
Class actions in England and Wales – OUT-LAW.com
‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing.’
OUT-LAW.com, 26th August 2021
Source: www.pinsentmasons.com
Professional advisers beware – check the terms of your engagement – Practical Law: Construction Blog
‘The scope of duty and the extent of liability of professional advisers are two hotly contested issues at the core of many a dispute between professional advisers and their clients in negligence claims.’
Practical Law: Construction Blog, 24th August 2021
Litigation Friend appointments and costs – Local Government Lawyer
‘The High Court has ordered that a Defendant is not liable for costs incurred arising from a dispute over who the Litigation Friend should be. Sean Linley reports.’
Local Government Lawyer, 27th August 2021
Source: www.localgovernmentlawyer.co.uk
Public Law Proceedings and the 1996 Hague Convention – Local Government Lawyer
‘Henry Setright QC and Chris Barnes consider a recent decision of the High Court examining the use of the 1996 Hague Convention in the context of public law proceedings.’
Local Government Lawyer, 27th August 2021
Source: www.localgovernmentlawyer.co.uk
Research Briefing: Proscribed Terrorist Organisations – House of Commons Library
‘This paper examines the regime for proscribing organisations under the Terrorism Act 2000. It explains the criteria that must be met for proscription, the associated criminal offences, and the process for deproscription. It also considers recently proscribed organisations, and some criticisms of the regime.’
House of Commons Library, 26th August 2021
Source: commonslibrary.parliament.uk
Research Briefing: Fly-tipping – the illegal dumping of waste – House of Commons Library
‘This Commons Library briefing paper gives a general overview of the extent of the problem of fly-tipping in England and the powers and responsibilities of the Environment Agency, local authorities and landowners to deal with it. It also sets out recent Government actions to tackle it and proposals for reform.’
House of Commons Library, 25th August 2021
Source: commonslibrary.parliament.uk
New training needed for police after children and mentally ill people Tasered, watchdog warns – The Independent
‘Police must be trained to use Tasers only when “absolutely necessary”, a watchdog has said after a review found the weapons were being used against children and mentally ill people.’
The Independent, 26th August 2021
Source: www.independent.co.uk
Church of England admits failures over priest falsely accused of child abuse – The Independent
‘The Church of England has apologised for its role in the suicide of a former priest, who spent a year under investigation over unfounded rumours of child abuse.’
The Independent, 26th August 2021
Source: www.independent.co.uk
UK to overhaul privacy rules in post-Brexit departure from GDPR – The Guardian
‘Britain will attempt to move away from European data protection regulations as it overhauls its privacy rules after Brexit, the government has announced.’
The Guardian, 26th August 2021
Source: www.theguardian.com
Worcestershire NHS managers knew cancers missed due to X-ray backlog – BBC News
‘Senior managers at an NHS trust knew up to 30 cancers may have gone undetected two years before an official probe into a backlog of thousands of X-rays. Three lung cancers were missed at Worcestershire hospitals NHS Trust, a sample check of results in 2014 found.’
BBC News, 27th August 2021
Source: www.bbc.co.uk
Perpetuating Myths: The Need for Review in the Right Areas – Carmelite Chambers
‘Following the release of the Government’s Rape Review, second-six pupil, Anthony James, looks at the Review itself and recent criticisms of the investigation and prosecution of sexual offences.’
Carmelite Chambers, 19th August 2021
Source: www.carmelitechambers.co.uk
Case Comment: Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39 – UKSC Blog
‘In this post, Tim Sales, a partner in the Dispute Resolution team at CMS, and Hannah Jones, who works in the Tax team at CMS, comment on the decision handed down by the UK Supreme Court in the matter of Tinkler v Commissioners for Her Majesty’s Revenue and Customs [2021] UKSC 39, which concerned whether estoppel by convention applied to prevent the taxpayer disputing that HMRC had validly served a notice of enquiry.’
UKSC Blog, 25th August 2021
Source: ukscblog.com
Joint Enterprise and the Real Impact of Jogee – Carmelite Chambers
‘Tom Edwards looks at the impact of the shift from Joint Enterprise to Common Purpose in the five years since Jogee, and considers its impact in both the Crown Court and Court of Appeal.’
Carmelite Chambers, 19th August 2021
Source: www.carmelitechambers.co.uk
Striking the Balance – Carmelite Chambers
‘Criminal justice practitioners will be well versed on the difficulties overcrowding, gang affiliation and substance misuse pose to the safe management of prisons. However, as society gradually opens its eyes to the fluidity and diversity of gender the prison estate has been forced to confront a new challenge. In July 2019 “The Care and Management of Individuals who are Transgender” Policy (“the Care Management Policy”) was published.’
Carmelite Chambers, 19th August 2021
Source: www.carmelitechambers.co.uk
Professor Leslie Thomas QC and Deborah Coles talk all things Inquests with Fiona Bawdon – Legal Action Group: Justice Matters
‘Our guests are Professor Lesley Thomas, QC of Gresham College and also Garden Court Chambers, Deborah Coles of Inquest and leading the questions and discussion is Fiona Bawdon.’
Legal Action Group: Justice Matters, 25th August 2021
Source: www.lag.org.uk
