May the Law be with You – Lex Vobiscum

We index legal judgments (283 thousand cases) for lawyers, students, and litigants in the UK. We link to many full judgments, and we add citations, summaries and cross references as appropriate and available.

Director of Public Prosecutions, Rex (on The Application of) v Crown Court At Bristol and Another 28-Sep-22 Admn
Bar Action - Custody Time Limits Extended
The Divisional Court today decided that two judges made errors of law when they refused to extend custody time limits. In both cases, the trial had to be adjourned due to the unavailability of counsel in the context of action by the Criminal Bar . .
MBR Acres Ltd and Others v McGivern 02-Aug-22 QBD
Contempt Procedures Not to be abused
Reasons for dismissal of contempt application.
Held: The contempt application against Ms McGivern was dismissed and certified as being totally without merit.
The court does not grant injunctions to parties to litigation to be used as a . .
Wright v McCormack 01-Aug-22 QBD
Claimants falsehood reduced award to nominal only.
The parties disputed the original authorship of bitcoin, the claimant saying he was 'Satoshi' that originator. The defendant published a series of tweets denying that connection.
Held: One particular publication was to be read as part of the . .
Lu v Solicitors Regulation Authority 06-Jul-22 Admn
No Unnecessary Anonymity
The appellant, having been acquitted of misconduct, complained of the anonymisation of various partied by the SDT.
Held: The court was critical of the approach taken by the Tribunal. 'I see no good reason why Ms Pearson, Ms Stone, Mr Ewing and . .
Higgs v Farmor's School (101) 05-Jul-22 EAT
EAT Lay Member Recused - LBGT Views for case
Practice and Procedure - application for recusal of lay member - fair hearing - appearance of bias
An application for recusal was made on the basis that a lay member of the Employment Appeal Tribunal panel had made a number of public . .
Gallagher v Gallagher (No 1) (Reporting Restrictions) 13-Jun-22 FC
Private Hearings are Not in Secret
H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order.
Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in . .
Lalchan, Regina v 27-May-22 CACD
Conviction withoiut required Consent was Unsafe
Whether a conviction for an offence which requires the consent of the Attorney General before the proceedings are instituted can stand when no such consent was obtained.
Held: The appellant's arguments were well-founded and his conviction on . .
Millicom Service UK Ltd and Others v Clifford 11-May-22 EAT
Practice and procedure - rule 50(1) schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
The respondents made an application under rule 50(1) schedule 1 of the Employment Tribunals (Constitution and . .
Storey v British Telecommunications Plc 05-May-22 CA
Disclosure Failures by Defendants
S appealed from the strike out of his claim for acoustic shock after being subjected to a screeching by headphones issued to him by his employer for his work at a call centre. BT had served expert evidence, but that turned out (after the strike out) . .
Butler-Sloss and Others v The Charity Commission for England and Wales and Another 29-Apr-22 ChD
Principles allowing Ethical Investment by Trustees
Should charities, whose principal purposes are environmental protection and improvement and the relief of poverty, be able to adopt an investment policy that excludes many potential investments because the trustees consider that they conflict with . .
Gardner and Another, Regina (on The Application of) v Secretary of State for Health and Social Care and Others 27-Apr-22 Admn
Patient transfer policy was unlawful
The claimants had relatives who died in care homes early in the COVID-19 pandemic. They said that the policy of moving patients from hospitals to care homes without testing had contributed to the deaths, and many others, and had been unlawful. The . .
Sheeran and Others v Chokri and Others 06-Apr-22 ChD
Insufficient Evidence to say Song was Copied
S sought a declaration that he had not copied the defendant's song with his own. The court examined the musical details of both songs.
Held: The song was not copied. The defendant had not shown that the claimant knew anything of the . .
Soleymani v Nifty Gateway Llc 24-Mar-22 ComC
Arbitration jurisdiction applications stayed
The claimant sought declaratory relief as to the basis of a purchase after he placed a bid for a blockchain-based non-fungible token (also known as an NFT) associated with an artwork by the artist known as Beeple titled 'Abundance'. The court was . .
Keal, Regina v 18-Mar-22 CACD
Insanity Plea not for D believing he had no choice
The court was asked whether the defence of insanity would be available to a psychotic and deluded defendant who was aware that his act was wrong, but believed himself compelled to perform it. The defendant, with a history of mental problems, had . .
SMO and KSP (Civil Status Documentation, Article 15) (CG)) Iraq 16-Mar-22 UTIAC
Iraq - Full New Country Guidance
This decision replaces all existing country guidance on Iraq.
1. There continues to be an internal armed conflict in certain parts of Iraq, involving . .
Kyla Shipping Co Ltd and Another v Freight Trading Ltd and Others 22-Feb-22 ComC
Litigation Privilege
Defendants challenged the claimants assertion of litigation privilege and contended for a waiver of any privilege which entitles them to disclosure of additional materials referred to in a witness statement.
Held: 'I dismiss the waiver of . .
XX (PJAK - Sur Place Activities - Facebook) Iran CG 20-Jan-22 UTIAC
Facebook - Iran - Country Guidance - Anonymity UT
The cases of BA (Demonstrators in Britain - risk on return) Iran CG [2011] UKUT 36 (IAC); SSH and HR (illegal exit: failed asylum seeker) Iran CG [2016] UKUT 308 (IAC); and HB (Kurds) Iran CG [2018] UKUT 430 continue accurately to reflect the . .
Austin, Regina (on The Application of) v Parole Board for England and Wales 17-Jan-22 Admn
Parole Board Publication Scheme Unduly Complicated
This claim for judicial review raises important issues about the lawfulness of the Parole Board's policy and practice in relation to the provision of a summary of a Parole Board decision to victims and victims' families and the media. The protocol . .
Chell v Tarmac Cement and Lime Ltd 12-Jan-22 CA
Explosive Pellet Use Not Within Employee's Role.
The claimant worked on a site operated by the respondent. One of the respondent's employees exploded two pellet targets injuring the claimant's hearing. He asserted vicarious liability in the respondent. There had been tensions between the claimant . .

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Lex vobiscum (May the Law be with You –; pax vobiscum (May Peace be with You – The Pope); vis vobiscum (May the Force be with You – Obe-Kwan Kenobi).

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