BAILII: Recent Decisions
Court of Appeal (Civil Division)
Liverpool Gin Distillery Ltd & Ors v Sazerac Brands, LLC & Ors [2021] EWCA Civ 1207 (05 August 2021)
Zavarco Plc v Nasir [2021] EWCA Civ 1217 (05 August 2021)
Ingenious Games LLP & Ors v Revenue And Customs [2021] EWCA Civ 1180 (04 August 2021)
The Financial Conduct Authority v Avacade Ltd & Ors [2021] EWCA Civ 1206 (04 August 2021)
Court of Appeal (Criminal Division)
Margelis, R. v [2021] EWCA Crim 1215 (04 August 2021)
High Court (Administrative Court)
High Court (Chancery Division)
Rainey v Weller & Ors [2021] EWHC 2206 (Ch) (05 August 2021)
Shill Properties Ltd v Bunch [2021] EWHC 2142 (Ch) (05 August 2021)
Van Zuylen v Whiston-Dew & Anor [2021] EWHC 2219 (Ch) (04 August 2021)
Provident SPV Ltd, Re [2021] EWHC 2217 (Ch) (04 August 2021)
High Court (Commercial Court)
Falcon Trident Shipping Ltd v Levant Shipping Ltd [2021] EWHC 2204 (Comm) (04 August 2021)
ADL Advanced Contractors Ltd v Patel [2021] EWHC 2200 (Comm) (04 August 2021)
VTB Commodities Trading DAC v JSC Antipinsky Refinery & Ors [2021] EWHC 1758 (Comm) (4 August 2021)
High Court (Technology and Construction Court)
Draeger Safety UK Ltd v The London Fire Commissioner [2021] EWHC 2221 (TCC) (04 August 2021)
Source: www.bailii.org
Licensing committees and procedural defects – Local Government Lawyer
‘A recent High Court decision is a timely reminder of the principle that procedural requirements are there to further the interests of justice, writes Gerald Gouriet QC.’
Local Government Lawyer, 6th August 2021
Source: www.localgovernmentlawyer.co.uk
Robyn Williams: Met launch legal bid to sack senior police officer reinstated after abuse video clip – The Independent
‘The Metropolitan Police are waging a legal battle over the sacking of a senior officer who was convicted of possessing a child abuse video. Superintendent Novlett Robyn Williams successfully appealed against the decision to dismiss her earlier this year and was reinstated as a police officer.’
The Independent, 4th August 2021
Source: www.independent.co.uk
Implied Revocation of Deeds of Appointment? Equiom v Velarde – Wilberforce Chambers
‘In the recent case of Equiom (Isle of Man) Ltd v Velarde [2021] EWHC 1528 (Ch) it was held that a wide power of appointment contained in a will had the effect of impliedly revoking previous deeds of appointment and making a new appointment. This case concerns the will (“the Will”) of a Mrs Patricia Moores, who died in 2017, and a settlement created many years before by her father (“the Settlement”). During her lifetime Mrs Moores had a special power of appointment over property in a sub-fund of the Settlement. The power could be exercised by deeds revocable or irrevocable, or by will or codicil.’
Wilberforce Chambers, 5th August 2021
Source: www.wilberforce.co.uk
Pets and Divorce: Who keeps the dog? – Family Law
‘The coronavirus pandemic has seen a boom in the number of couples welcoming new pets into their homes. According to the Pet Food Manufactures Association, an estimated 3.2 million UK households have acquired a pet since the start of the pandemic. However, in instances where a relationship breaks down and a couple separates or divorces, who keeps the dog?’
Family Law, 5th August 2021
Source: www.familylaw.co.uk
New guidelines to sentence trade mark offences published – Sentencing Council
‘Two new sentencing guidelines for sentencing individuals or companies that sell or possess counterfeit goods intended for sale were published by the Sentencing Council today, following consultation.’
Sentencing Council, 5th August 2021
Source: www.sentencingcouncil.org.uk
Prosecutors review Extinction Rebellion cases as third protester in three days has conviction quashed – The Independent
‘Prosecutors are reviewing numerous Extinction Rebellion cases after a third protester in as many days had their conviction quashed.’
The Independent, 5th August 2021
Source: www.independent.co.uk
Oatly loses trademark battle against Glebe Farm over oat milk – BBC News
‘A family-run farm has won a legal battle against the multimillion-pound makers of plant milk, Oatly, which accused it of trademark infringement.’
BBC News, 5th August 2021
Source: www.bbc.co.uk
Northumberland Santa impersonator sentenced for sexual assaults – BBC News
‘A man who sexually assaulted two women while he was playing the part of Santa Claus has been sentenced.’
BBC News, 5th August 2021
Source: www.bbc.co.uk
Outcry over plan to deport Jamaican nationals who came to UK as children – The Guardian
‘Preparations are being made for the deportation of a number of Jamaican nationals who came to the UK as children, in an apparent reversal of an earlier agreement not to deport people who arrived in this country as minors. A charter flight to Jamaica is scheduled for 11 August, returning several dozen people whose criminal convictions have triggered deportation orders. However, campaigners have protested that it is unreasonable to remove people who have spent a lifetime in the UK to a country where they have no ties.’
The Guardian, 5th August 2021
Source: www.theguardian.com
Aya Hachem: Men jailed for student’s drive-by murder – BBC News
‘Seven men have been jailed for murdering a student who was shot dead in a feud between two rival tyre firms.’
BBC News, 5th August 2021
Source: www.bbc.co.uk
Pret, McColls and Welcome Break in minimum wage fail – BBC News
‘Pret, McColls and Welcome Break are among almost 200 firms “named and shamed” by the government for not paying workers the minimum wage.’
BBC News, 5th August 2021
Source: www.bbc.co.uk
Alison L Young: Judicial Review of Policies – Clarification or Judicial Retreat? – UK Constitutional Law Association
‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’
UK Constitutional Law Association, 5th August 2021
Source: ukconstitutionallaw.org
High Court backs compensation for Provident customers – BBC News
‘Customers of doorstep lender Provident Financial can claim compensation for mis-sold loans after the High Court backed a partial repayment scheme.’
BBC News, 4th August 2021
Source: www.bbc.co.uk
High Court judge says housing authority has no power or discretion to accept request for late review of s.107D(3) notice – Local Government Lawyer
‘A local housing authority has no power or discretion to accept a request for a review of their proposal not to grant another tenancy on the expiry of the fixed-term of the tenant’s existing flexible tenancy, if that request is made more than 21 days after the service of a notice pursuant to s.107D(3) Housing Act 1985, a High Court judge has ruled.’
Local Government Lawyer, 5th August 2021
Source: www.localgovernmentlawyer.co.uk
