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swarb.co.uk

May the law be with you – lex vobiscum

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MAY THE LAW BE WITH YOU – LEX VOBISCUM

We index legal judgments (280k) for lawyers, students, and litigants in the UK.
We link to many full judgments, and we add citations, summaries and cross
references as appropriate.

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 . . R v Barts Health NHS Trust 06-Jan-22 SCCO
Senior Solicitor still proper when Counsel used
The defendant Trust argued that it had been no longer necessary to employ a
senior specialist solicitor to manage a professional negligence claim once
counsel had been instructed, and that the 'baton of responsibility and
importance to the claimant' . .Tulip Trading Ltd v Bitcoin Association for BSV
and Others 05-Jan-22 ChD
Security required for Bitcoin claim
Two applications for security for costs. The claimant claimed against fifteen
overseas residents requiring a re-write of cryotocurrency systems so that he
could recover sums he said were due to him in respect of Bitcoin assets which he
said have . . Miller v The College of Policing 20-Dec-21 CA
Hate-Incident Guidance Inflexible and Unlawful
The central issue raised in the appeal is the lawfulness of certain parts of a
document entitled the Hate Crime Operational Guidance (the Guidance). The
Guidance, issued in 2014 by the College of Policing (the College), the
respondent to this . .United States of America v Assange 10-Dec-21 Admn
Late evidence from requesting state was admissible
The USA sought A's extradition. It had been previously refused on the grounds of
expected suicide of A if subjected to US prison conditions.
Held: The order refusing extradition was quashed, and the matter referred to the
Magistrates' Court . . Bowen and Others v Isle of Wight Council 03-Dec-21 ChD
What makes a road a Road?
The Court was asked whether a Road was a 'road' for the purposes of the 1984
Act'
Held: It has often been said that the public access mentioned in the definition
of 'road' must be both actual access and legal or lawful access. However, simple
. .Hovis Ltd v Louton 22-Nov-21 EAT
Hearsay Evidence Must be Considered
The claimant in the employment tribunal worked for the respondent as a delivery
lorry driver. A manager, Mr S, reported that, when driving his car on the
motorway, accompanied by his wife, both of them had seen the claimant driving
his van on the . . National Highways Ltd v Heyatawin and Others 17-Nov-21 QBD
The court considered allegations of contempt of court by protesters disobeying
court injunctions.
Held: The allegations were variously proved, and indeed were largely
uncontested. Sentences of imprisonment were imposed ranging up to 6 months: .
.MG v AR 16-Nov-21 FD
Family Case: Costs Security depends on Case Merits
Application for security for costs in family cases.
Held: In contrast to civil cases generally, in a family case the merits of the
application and the strength of the defence necessarily have to be carefully
considered. It is only by . . Money v AB 10-Nov-21 ChD
Anonymity - balance in favour of open justice
Ruling on an application by the Defendant for anonymity.
Held: Refused: 'The mental health condition of the Defendant and the impact of
the judgment on his family relationships are, therefore, relevant factors to
take into account, but they do . .Lloyd v Google LLC 10-Nov-21 SC
No damages for Loss of Control of Data
The respondent has issued a claim alleging that the appellant ('Google') has
breached its duties as a data controller under the DPA to over 4m Apple iPhone
users during a period of some months in 2011- 2012, when Google was able to
collect and use . . Google and Alphabet v Commission (Google Shopping)
(Competition - Abuse of Dominant Position - Online General Search Services and
Specialised Product Search Services - Judgment) 10-Nov-21 ECFI
Search Engine Leveraging Abuse
Competition - Abuse of dominant position - Online general search services and
specialised product search services - Decision finding an infringement of
Article 102 TFEU and Article 54 of the EEA Agreement - Leveraging abuse -
Competition on the . .Stuart Delivery Ltd v Augustine 19-Oct-21 CA
Obligation to Perfom Work Personally was Critical
This appeal concerns the status of a courier delivering goods by moped. The
question on the appeal is whether an employment tribunal was entitled to find
that the claimant, Mr Augustine, was a worker within the meaning of section
230(3)(b) of the . . Ovu v London Underground Ltd (Duty of Care) 13-Oct-21 QBD
Safety of Stairs within Undergrounds Care of duty
The Claimant sued the London Underground company because their relative Mr Ovu
died after falling down stairs on a fire escape. It was late at night and he
wandered on his own on a cold night, outdoors, onto the stairs. The staircase
was in good . .A v Burke and Hare (Practice and Procedure - Anonymity) 13-Oct-21
EAT
Possible Stigmatisation not enough for Anonymity
In this claim A sought an anonymity order. She had worked as a stripper and did
not wish her name to be published in any judgement dealing with her claim for
holiday pay arising from her work as a stripper. Held that the principle of open
justice . . References (Bills) By The Attorney General and The Advocate General
for Scotland - United Nations Convention On The Rights of The Child and European
Charter of Local Self-Government 06-Oct-21 SC
Scots Bills were Outwith Parliament's Competence
The AG questioned the constitutionaliity of Bills designed to give effect to two
treaties to which the UK is a signatory, and passed by the Scottish Parliament
as to the care of children.
Held: The laws had effect also outside Scotland . .Crowter and Others, Regina
(On the Application Of) v Secretary of State for Health And Social Care
23-Sep-21 Admn
Foetus has no Established Human Rights
The Claimants sought a declaration that section 1(1)(d) of the Abortion Act
1967, as amended, is incompatible with the European Convention on Human Rights
('ECHR'), as well as some other remedies. The claimant had Down's Syndrome, and
complained the . . Thaler v Comptroller General of Patents Trade Marks and
Designs 21-Sep-21 CA
AI created Invention is not Patentable
The case appears to be about artificial intelligence and whether AI-based
machines can make patentable inventions - correct processing of application
Held: The appeal failed. On the face of the Form 7s he filed, Dr Thaler did not
comply with . .

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Lex vobiscum (May the law be with you – swarb.co.uk); pax vobiscum (May peace be
with you – The Pope); vis vobiscum (May the Force be with you – Obe-Kwan
Kenobi).




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swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West
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