BAILII: Recent Decisions
Supreme Court
Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 (18 August 2021)
High Court (Administrative Court)
High Court (Chancery Division)
Oberman v Collins & Ors [2021] EWHC 2298 (Ch) (17 August 2021)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Premia Marketing Ltd v Regis Mutual Management Ltd [2021] EWHC 2329 (QB) (18 August 2021)
Michael v I E & D Hurford Ltd (t/a Rainbow) [2021] EWHC 2318 (QB) (17 August 2021)
High Court (Technology and Construction Court)
Source: www.bailii.org
Expert witnesses “prefer preparing in-person for virtual hearings” – Legal Futures
‘Expert witnesses prefer to travel to prepare themselves for a trial in person with their legal teams even when the trial itself is to be conducted remotely, a report has found.’
Legal Futures, 18th August 2021
Source: www.legalfutures.co.uk
High Court gives go-ahead for discrimination claim over legislation on regulated settings and children in care – Local Government Lawyer
‘A children’s rights charity has secured permission from the High Court for a judicial review of secondary legislation made by the Education Secretary, Gavin Williamson, which provides that children in care in England up to the age of 15 – but not 16 and 17-year-olds – must always live in regulated settings where they receive day-to-day care from adults.’
Local Government Lawyer, 18th August 2021
Source: www.localgovernmentlawyer.co.uk
York Council Accused Of Breaching Equality Duty – Each Other
‘Disability activists allege that City of York Council have breached their legal duty to promote equality by seeking to expand their “footstreets” scheme, which would permanently pedestrianise the city centre and potentially limit access for disabled patrons.’
Each Other, 16th August 2021
Source: eachother.org.uk
Equality laws could be changed to protect women in menopause, says MP – The Guardian
‘Changing equality legislation to protect women going through the menopause should “not be ruled” out, according to the chair of a group of MPs leading an inquiry into discrimination on the issue.’
The Guardian, 18th August 2021
Source: www.theguardian.com
Does The Legal Definition Of Rape Need Updating? – Each Other
‘The current legal definition of rape means that victims of sexual assault without penile penetration cannot technically claim the word, feeding the stigma felt by some survivors.’
Each Other, 17th August 2021
Source: eachother.org.uk
Coercive control: Male victims say they aren’t believed – BBC News
‘A man who reported his female partner to the police for coercive control has said not being taken seriously felt like another form of gaslighting.’
BBC News, 17th August 2021
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Heathfield International LLC v Axiom Stone (London) Ltd & Anor [2021] EWCA Civ 1242 (16 August 2021)
High Court (Family Division)
Botwe v Brifa [2021] EWHC 2307 (Fam) (16 August 2021)
P v P (Divorce: Jurisdiction) [2021] EWHC 2306 (Fam) (16 August 2021)
KMM v NAM (Jurisidiction) [2021] EWHC 2300 (Fam) (13 August 2021)
JC v PC [2021] EWHC 2305 (Fam) (09 August 2021)
Source: www.bailii.org
A closed mind and a failed possession claim – Nearly Legal
‘Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021. Tower Hamlets (“TH”) brought a claim for possession against Mr Ali after his mother, a secure tenant, died. His mother was herself a successor and, accordingly, he was not entitled to succeed under section 87 of the Housing Act 1985. He applied to succeed under TH’s discretionary policy for failed successors which stated that TH would grant a new tenancy to an occupant where they had lived with the tenant for 12 months before the tenant’s death, and they occupied the property as their only or principle home.’
Nearly Legal, 16th August 2021
Source: nearlylegal.co.uk
UK academic sues university after losing role in critical race theory row – The Guardian
‘Aysha Khanom claims discrimination after Leeds Beckett accused her of using “racist language” in tweets.’
The Guardian, 16th March 2021
Source: www.theguardian.com
Mark Chilman jailed for murdering ex’s new partner and setting body on fire – BBC News
‘An “obsessed” man has been jailed for at least 22 years for murdering his former long-term girlfriend’s new partner, leaving him in a burning car.’
BBC News, 16th August 2021
Source: www.bbc.co.uk
Coercive control: Male victims say they aren’t believed – BBC News
‘A man who reported his female partner to the police for coercive control has said not being taken seriously felt like another form of gaslighting.’
BBC News, 17th August 2021
Source: www.bbc.co.uk
Research Briefing: Gambling advertising: how is it regulated? – House of Commons Library
‘This Library Paper looks at the regulation of gambling advertising in Great Britain.’
House of Commons Library, 13th August 2021
Source: commonslibrary.parliament.uk
Kevin Clarke death: police watchdog reopens investigation – The Guardian
‘The Independent Office for Police Conduct (IOPC) has reopened its investigation into the circumstances surrounding the death of Kevin Clarke, a mentally ill black man who could be heard saying the words “I can’t breathe” while he was being restrained by police shortly before he died.’
The Guardian, 16th August 2021
Source: www.theguardian.com
Geronimo the alpaca gets temporary reprieve ahead of review – BBC News
‘An alpaca whose life hangs in the balance has received a temporary reprieve, his supporters have said.’
BBC News, 17th August 2021
Source: www.bbc.co.uk
New police CCTV use rules criticised as bare bones – BBC News
‘A proposed code of practice covering police use of live facial recognition in England and Wales has been criticised by human rights groups.’
BBC News 17th August 2021
Source: www.bbc.co.uk
Challenge to Criminal Injuries Compensation Scheme dismissed by Supreme Court – UK Human Rights Blog
‘A and B v Criminal Injuries Compensation Authority and another [2021] UKSC 27. On appeal from [2018] EWCA Civ 1534. The claimants in the case were victims of human trafficking with unspent convictions in Lithuania. The Criminal Injuries Compensation Scheme (CICS) provides compensation to victims of crime, apart from where they have unspent criminal convictions (“the exclusionary rule”). The question for the Supreme Court was whether the exclusionary rule breached the claimants’ rights under Articles 4 and 14 of the European Convention on Human Rights. The Court found that the rule did not breach these rights.’
UK Human Rights Blog, 16th August 2021
Source: ukhumanrightsblog.com
COVID-19 vaccine fraudster jailed – Crown Prosecution Service
‘A fraudster has been jailed at Kingston Crown Court today for pretending to offer a 92-year-old victim a COVID vaccine in exchange for money.’
Crown Prosecution Service, 13th August 2021
Source: www.cps.gov.uk
