BAILII: Recent Decisions

Posted January 15th, 2021 in law reports by sally

Supreme Court

The Financial Conduct Authority & Ors v Arch Insurance (UK) Ltd & Ors [2021] UKSC 1 (15 January 2021)

Court of Appeal (Civil Division)

Rowe & Ors v Ingenious Media Holdings PLC & Ors [2021] EWCA Civ 29 (15 January 2021)

Wright v Granath [2021] EWCA Civ 28 (15 January 2021)

Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 (15 January 2021)

Large v Hart & Anor [2021] EWCA Civ 24 (15 January 2021)

Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23 (15 January 2021)

Z v University Hospitals Plymouth NHS Trust (NO 2) [2021] EWCA Civ 22 (13 January 2021)

Sutton v Norwich City Council [2021] EWCA Civ 20 (13 January 2021)

WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)

Friends of the Earth Ltd, R (On the Application Of) v Secretary of State for Transport [2021] EWCA Civ 13 (13 January 2021)

Court of Appeal (Criminal Division)

Hamilton & Ors v Post Office Ltd [2021] EWCA Crim 21 (15 January 2021)

Felstead & Ors v Post Office Ltd [2021] EWCA Crim 25 (15 January 2021)

Uddin & Anor v R. [2021] EWCA Crim 14 (13 January 2021)

High Court (Administrative Court)

Brown v Hambleton District Council [2021] EWHC 1 (Admin) (15 January 2021)

RS, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 54 (Admin) (14 January 2021)

High Court (Chancery Division)

Hinkel v Simmons & Simmons LLP [2021] EWHC 55 (Ch) (15 January 2021)

Byers & Ors v Samba Financial Group [2021] EWHC 60 (Ch) (15 January 2021)

Kent v Guest [2021] EWHC 51 (Ch) (14 January 2021)

Euro Accessories Ltd, Re [2021] EWHC 47 (Ch) (13 January 2021)

General Electric Company v AI Alpine UA Bidco Inc & Ors [2021] EWHC 45 (Ch) (13 January 2021)

High Court (Commercial Court)

Ardent Advisors Ltd v UK Web Media Ltd & Ors [2021] EWHC 63 (Comm) (15 January 2021)

Net Insurance SPA & Anor v Torzi & Ors [2021] EWHC 26 (Comm) (12 January 2021)

High Court (Family Division)

A Local Authority v JK & Anor [2021] EWHC 33 (Fam) (15 January 2021)

High Court (Patents Court)

Top Optimized Technologies SL (A Company Incorporated Under the Laws of Spain) & Anor v Vodafone Group Services Ltd & Ors [2021] EWHC 46 (Pat) (14 January 2021)

High Court (Queen’s Bench Division)

Soriano v Forensic News LLC & Ors [2021] EWHC 56 (QB) (15 January 2021)

Source: www.bailii.org

Remote hearings in family proceedings – how is justice perceived? – Family Law

Posted January 15th, 2021 in coronavirus, families, family courts, news, remote hearings by sally

‘The motion for the recent Kingsley Napley debate: “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against. With an audience made up of over a hundred family lawyers and barristers, this result was no doubt influenced by their experience of remote court hearings heard either via video link or by telephone over the last six months, since the national lockdown in March.’

Full Story

Family Law, 14th January 2021

Source: www.familylaw.co.uk

Police to implement strict bail conditions on domestic abuse and sexual violence suspects under new measures – The Independent

Posted January 15th, 2021 in bail, bills, domestic violence, news, police, sexual offences by sally

‘Police will now be able to implement strict bail conditions on more suspects in high-harm cases where the victim has suffered domestic abuse or sexual violence.’

Full Story

The Independent, 14th January 2021

Source: www.independent.co.uk

Sexual harassment victims ‘less likely to be believed if they are seen as less feminine’ – The Independent

Posted January 15th, 2021 in harassment, news, sex discrimination, sexual offences, victims, women by sally

‘Women that suffer sexual harassment who are deemed to be less stereotypically feminine are less likely to have their allegations believed, a new study has found.’

Full Story

The Independent, 14th January 2021

Source: www.independent.co.uk

Government rejects report it will lower workers’ rights post-Brexit – The Guardian

Posted January 15th, 2021 in brexit, EC law, employment, government departments, news by sally

‘The government has rejected a report that following Brexit, it plans to tear up employment protections based in EU law – a strategy that Labour has called “a disgrace”.’

Full Story

The Guardian, 14th January 2021

Source: www.theguardian.com

Bedford hospital: ‘Risk of baby abduction’ at ‘inadequate’ maternity unit – BBC News

Posted January 15th, 2021 in birth, children, families, hospitals, kidnapping, news, ombudsmen, whistleblowers by sally

‘Maternity services at a hospital have been downgraded to “inadequate” after inspectors found a “potential risk for baby abduction”. The Care Quality Commission (CQC) inspected Bedford Hospital’s maternity services in November following “14 whistle-blower inquiries”.’

Full Story

BBC News, 15 January 2021

Source: www.bbc.co.uk

Technical issue resolved after ‘150,000 police records lost – BBC News

Posted January 15th, 2021 in computer programs, criminal records, government departments, news, police by sally

‘The government is assessing the impact of a “technical issue” that led to 150,000 records being deleted from police databases.’

Full Story

BBC News, 15th January 2021

Source: www.bbc.co.uk

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by sally

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

Full Story

Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices – Local Government Lawyer

Posted January 14th, 2021 in company directors, enforcement notices, houses in multiple occupation, local government, news, penalties by sally

‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’

Full Story

Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal: Expert was not under “fiduciary duty” to client – Litigation Futures

Posted January 14th, 2021 in conflict of interest, contracts, expert witnesses, fiduciary duty, news by sally

‘The Court of Appeal has overturned the first decision in England and Wales to hold that an expert witness owed a fiduciary duty to their client.’

Full Story

Litigation Futures, 13th January 2021

Source: www.litigationfutures.com

Tribunal rejects law firm’s second challenge to age discrimination ruling – Legal Futures

Posted January 14th, 2021 in age discrimination, employment tribunals, law firms, news, solicitors by sally

‘An employment judge has refused a second application from a law firm to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination when he applied for a job with it.’

Full Story

Legal Futures, 14th January 2021

Source: www.legalfutures.co.uk

Man sentenced for sending malicious email after Bristol statue toppled – Crown Prosecution Service

Posted January 14th, 2021 in Crown Prosecution Service, electronic mail, malicious communications, monuments, news, sentencing by sally

‘A 72-year-old man from Merseyside has been sentenced for sending abusive messages to the Mayor of Bristol after protestors removed the statue of Edward Colston in the city in June last year.’

Full Story

Crown Prosecution Service, 13th January 2021

Source: www.cps.gov.uk

Breaching Legal Advice Privilege – Family Law Week

Posted January 14th, 2021 in disclosure, documents, enforcement, fraud, legal advice, legal services, limitations, news, privilege by sally

‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’

Full Story

Family Law Week, 14th January 2021

Source: www.familylawweek.co.uk

Legal bid launched to ban ex-Carillion directors from top boardroom roles – The Guardian

Posted January 14th, 2021 in company directors, disqualification, insolvency, news, public interest by sally

‘The UK government has launched a legal bid to ban eight former Carillion directors from holding senior boardroom positions, almost three years on from the collapse of the outsourcing business.’

Full Story

The Guardian, 13th January 2021

Source: www.theguardian.com

Three victims of trafficking and modern slavery to sue Biffa – The Guardian

Posted January 14th, 2021 in forced labour, news, trafficking in human beings, victims, waste by sally

‘Three victims of trafficking and modern slavery who were subcontracted to sort rubbish for the national waste and recycling firm Biffa Waste Services are to launch legal proceedings to sue the firm for damages.’

Full Story

The Guardian, 14th January 2021

Source: www.theguardian.com

Home Office ignored warnings that could have prevented Windrush suffering, finds watchdog – The Independent

Posted January 14th, 2021 in citizenship, colonies, government departments, immigration, news, reports by sally

‘The Home Office ignored warnings that could have prevented some of the suffering experienced by the Windrush generation, the government’s own immigration watchdog has said.’

Full Story

The Independent, 13th January 2021

Source: www.independent.co.uk

Peers vote to ban spies from committing murder, rape and torture under new law – The Independent

Posted January 14th, 2021 in bills, intelligence services, investigatory powers, murder, news, rape, spying, torture by sally

‘Peers have voted to ban spies from committing murder, rape and torture under a controversial new law – three months after MPs refused to bring in the same restrictions.’

Full Story

The Independent, 13th January 2021

Source: www.independent.co.uk

Death of Cardiff man after night in police custody ‘deeply concerning’ – The Guardian

Posted January 14th, 2021 in complaints, death in custody, news, police, Wales by sally

‘The Welsh first minister has described the sudden and unexplained death of a 24-year-old man from Cardiff hours after his release from custody as “deeply concerning”.’

Full Story

The Guardian, 12th January 2021

Source: www.theguardian.com

When is a wedding not a marriage? Exploring non-legally binding ceremonies – Law & Religion UK

Posted January 13th, 2021 in civil partnerships, Law Commission, marriage, news by sally

‘Why might couples in England and Wales today opt for a non-legally binding wedding ceremony in addition to their legally binding one?’

Full Story

Law & Religion UK, 12th January 2021

Source: lawandreligionuk.com

Drill and rap music on trial – BBC News

Posted January 13th, 2021 in artistic works, gangs, homicide, murder, news, violence by sally

‘Drill music has captured headlines since it started to emerge in the UK in 2012. With its often provocative lyrics, it’s been blamed by police for fuelling violence.’

Full Story

BBC News, 13th January 2021

Source: www.bbc.co.uk