BAILII: Recent Decisions

Posted March 25th, 2022 in law reports by sally

Supreme Court

Revenue and Customs v NCL Investments Ltd & Anor [2022] UKSC 9 (23 March 2022)

Court of Appeal (Civil Division)

Hughes v Pritchard & Ors [2022] EWCA Civ 386 (24 March 2022)

The Good Law Project, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 355 (24 March 2022)

Mercer v Alternative Future Group Ltd & Anor [2022] EWCA Civ 379 (24 March 2022)

Allianz Global Investors GmbH & Ors v Barclays Bank Plc & Ors [2022] EWCA Civ 353 (23 March 2022)

The Public Institution for Social Security v Banque Pictet & Cie SA & Ors [2022] EWCA Civ 368 (22 March 2022)

Colley v Motor Insurers’ Bureau [2022] EWCA Civ 360 (22 March 2022)

High Court (Administrative Court)

The Duke of Sussex, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 682 (Admin) (24 March 2022)

Jakubowski v Regional Court In Bialystok Iii Criminal Division, Poland [2022] EWHC 660 (Admin) (24 March 2022)

Bertino v Public Prosecutor’s Office, Italy [2022] EWHC 665 (Admin) (24 March 2022)

Tarian Hafren Severn Shield Cyf, R (On the Application Of) v Marine Management Organisation [2022] EWHC 683 (Admin) (24 March 2022)

National Farmers’ Union of England And Wales, R (On the Application Of) v Welsh Ministers [2022] EWHC 611 (Admin) (23 March 2022)

High Court (Chancery Division)

Hamuel Reichenbacher Ltd v McDermott [2022] EWHC 623 (Ch) (23 March 2022)

Hand Held Products, Inc & Anor v Zebra Technologies Europe Ltd & Anor [2022] EWHC 640 (Ch) (23 March 2022)

Core CVT Plc & Ors, Re [2022] EWHC 632 (Ch) (22 March 2022)

High Court (Commercial Court)

Integral Petroleum SA & Ors v Dun & Ors [2022] EWHC 659 (Comm) (24 March 2022)

High Court (Family Division)

R v G & Anor (Hague Convention and Asylum) (Rev1) [2022] EWHC 655 (Fam) (22 March 2022)

North West Anglia NHS Foundation Trust v BN & Anor [2022] EWHC 663 (Fam) (16 March 2022)

High Court (Queen’s Bench Division)

Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria De Borbon Y Borbon [2022] EWHC 668 (QB) (24 March 2022)

Unite the Union v Freitas [2022] EWHC 666 (QB) (23 March 2022)

Wilson & Ors v Bayer Pharma AG & Ors [2022] EWHC 670 (QB) (23 March 2022)

Milton Keynes Council v Wilsher & Anorn [2022] EWHC 578 (QB) (23 March 2022)

Cox & Ors v Secretary of State for the Home Department [2022] EWHC 680 (QB) (23 March 2022)

Fap Art Management GmbH & Co KG v Philbrick & Anor [2022] EWHC 603 (QB) (23 March 2022)

Aderounmu v Colvin (Costs) [2022] EWHC 637 (QB) (22 March 2022)

HRA v KGC [2022] EWHC 650 (QB) (22 March 2022)

Source: www.bailii.org

Managing PFI contract expiry risks – updated IPA guidance – Practical Law: Construction Blog

Posted March 25th, 2022 in construction industry, contracts, news by sally

‘On 28 February 2022, the Infrastructure and Projects Authority (IPA) published its latest guidance to contracting authorities (CAs) on preparing for PFI contract expiry. It provides practical guidance on managing expiry and service transition. We have previously written about the IPA’s earlier guidance and its PFI expiry health check report.’

Full Story

Practical Law: Construction Blog, 23rd March 2022

Source: constructionblog.practicallaw.com

The Court of Protection and transparency – Local Government Lawyer

‘Lauren Gardner analyses a Court of Protection ruling on whether proceedings in relation to a 21-year-old woman should be open to the public and whether the judgment should be published.’

Full Story

Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

In accordance with parameter plans – Local Government Lawyer

Posted March 25th, 2022 in interpretation, local government, news, planning by sally

‘What does it mean to be “in accordance with” an approved plan? Daniel Kolinsky QC and Ben Fullbrook examine a recent High Court ruling.’

Full Story

Local Government Lawyer, 25th March 2022

Source: www.localgovernmentlawyer.co.uk

Recommendations to improve safety of coal tips in Wales – Law Commission

Posted March 25th, 2022 in climate change, environmental health, Law Commission, miners, news, Wales, waste by sally

‘Law Commission recommendations for a new safety regime would help to protect against a range of threats to coal tip safety and ensure all tips are dealt with in a consistent way.’

Full Story

Law Commission, 24th March 2022

Source: www.lawcom.gov.uk

Good Law Project fails to revive PPE claim after serving one day late – Law Society’s Gazette

‘The Good Law Project (GLP) has lost a bid to revive a judicial review which was thrown out after the legal campaign group served a claim form one day late.’

Full Story

Law Society's Gazette, 24th March 2022

Source: www.lawgazette.co.uk

Extinction Rebellion vicar protester has conviction quashed – BBC News

‘A vicar who took part in a peaceful Extinction Rebellion demonstration outside a Ministry of Defence site has had her conviction quashed.’

Full Story

BBC News, 24th March 2022

Source: www.bbc.co.uk

Second conviction quashed on appeal in Iraq ‘bribery’ case – The Independent

Posted March 25th, 2022 in appeals, bribery, conspiracy, Iraq, news, Serious Fraud Office by sally

‘A second man jailed for three and a half years over a multimillion-dollar bribery conspiracy to secure oil infrastructure contracts in Iraq has had his conviction quashed by the Court of Appeal.’

Full Story

The Independent, 24th March 2022

Source: www.independent.co.uk

Law will be changed to ‘undo’ P&O’s mass sacking of its workers, government vows – The Independent

‘The law will be changed to “undo” P&O’s mass sacking of its workers, the government is vowing – just hours after a minister warned that would harm the economy.’

Full Story

The Independent, 24th March 2022

Source: www.independent.co.uk

Dubai ruler to have no direct contact with two children after UK court battle – The Guardian

‘The ruler of Dubai will have no face-to-face contact with his two children from his marriage to Princess Haya nor any substantive say in their upbringing, after a long-running court battle between the former couple and a series of damning judgments about his “abusive behaviour”.’

Full Story

The Guardian, 24th March 2022

Source: www.theguardian.com

Manchester Arena attack: Mum wants right to register son’s death – BBC News

‘The mother of a teenager murdered in the Manchester Arena bombing is campaigning for the right to register the death of her child. Caroline Curry, whose 19-year-old son Liam died, urged the home secretary to “look in her heart” and change the law. Current legislation prevents family members from registering the deaths of loved ones who are the focus of inquests or public inquiries.’

Full Story

BBC News, 25th March 2022

Source: www.bbc.co.uk

Mobile loophole for gaming drivers is closed – BBC News

‘A loophole allowing drivers to escape punishment for handheld phone use if they are taking a photo or playing a game has closed in Great Britain.’

Full Story

BBC News, 25th March 2022

Source: www.bbc.co.uk

Prosecutions launched over Croydon tram crash – The Independent

Posted March 24th, 2022 in health & safety, news, prosecutions, transport by sally

‘Prosecutions have been launched over alleged health and safety failings relating to the Croydon tram crash.’

Full Story

The Independent, 24th March 2022

Source: www.independent.co.uk

Brady Hickman jailed for rape of woman, 71, in her own home – BBC News

Posted March 24th, 2022 in elderly, news, rape, sentencing by sally

‘A man who raped a 71-year-old woman in her own home has been given a 15-year sentence.’

Full Story

BBC News, 23rd March 2022

Source: www.bbc.co.uk

Ombudsman calls for stronger regulation of managing agents – Local Government Lawyer

Posted March 24th, 2022 in agency, housing, landlord & tenant, maladministration, news, ombudsmen, reports by sally

‘A culture clash between a regulated and largely unregulated sector creates challenges for the social housing sector’s engagement with managing agents, according to new research from the Housing Ombudsman.’

Full Story

Local Government Lawyer, 23rd March 2022

Source: www.localgovernmentlawyer.co.uk

Lockdown conveyancing redundancy was genuine, tribunal rules – Legal Futures

‘A redundancy exercise run by a law firm in its conveyancing department following the first lockdown in 2020 was genuine, an employment tribunal has ruled.’

Full Story

Legal Futures, 24th March 2022

Source: www.legalfutures.co.uk

Former boyfriend who kidnapped Angel Lynn has sentence increased – The Guardian

‘The former boyfriend of a woman who was left with catastrophic brain injuries when she fell out of a van he had bundled her into has had his prison sentence increased.’

Full Story

The Guardian, 23rd March 2022

Source: www.theguardian.com

MoJ finally responds to part 2 of whiplash consultation – five years on – Legal Futures

Posted March 23rd, 2022 in accidents, compensation, costs, delay, Ministry of Justice, news, personal injuries by sally

‘The Ministry of Justice (MoJ) today unexpectedly published its response to part 2 of the whiplash consultation which closed in January 2017, with no proposals for any immediate reform.’

Full Story

Legal Futures, 22nd March 2022

Source: www.legalfutures.co.uk

UK to fully compensate postmasters who exposed scandal – BBC News

‘Subpostmasters who helped uncover the Post Office IT scandal but missed out on full compensation are to get payouts under a new government scheme.’

Full Story

BBC News, 22nd March 2022

Source: www.bbc.co.uk

A UK Bill of Rights? – London Review of Books

Posted March 23rd, 2022 in consultations, human rights, Ministry of Justice, news by sally

‘The United Kingdom​ might soon have its first bill of rights since the English Bill of Rights of 1688. On 14 December last year, the government published the much anticipated Independent Human Rights Act Review (IHRAR), which sets out the conclusions of a ten-month inquiry by an independent panel of experts into the operation of the Human Rights Act 1998. At the same time, the Ministry of Justice issued a consultation document, “Human Rights Act Reform: A Modern Bill of Rights”, the proposals of which bear no resemblance to the recommendations of the IHRAR (the consultation period ended on 8 March). Influenced, it seems, by Dominic Raab’s appointment as secretary of state for justice in the September reshuffle, the Ministry of Justice consultation document sets out a proposal that it describes, accurately, as “far-reaching”. By my count, 21 of the 29 questions it poses are not considered in the IHRAR. The whole document is founded on the decision to “replace” the Human Rights Act with a bill of rights, something not considered by the IHRAR panel (which noted in passing that it detected no depth of support for one).’

Full Story

London Review of Books, 24th March 2022

Source: www.lrb.co.uk