BAILII: Recent Decisions

Posted May 5th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Tesfay & Ors, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 415 (04 May 2016)

IFX Investment Company Ltd & Ors v Revenue And Customs [2016] EWCA Civ 436 (04 May 2016)

Khan, R (on the application of) v Secretary of State for the Home Department [2016] EWCA Civ 416 (04 May 2016)

Goldtrail Travel Ltd v Aydin & Ors [2016] EWCA Civ 439 (04 May 2016)

High Court (Administrative Court)

DHL International (UK) Ltd (‘DHL’), R (on the application of) v The Office of Communications (‘oFcom’) [2016] EWHC 938 (Admin) (04 May 2016)

The British Medical Association, R (o the application of) v The General Medical Council & Anor [2016] EWHC 1015 (Admin) (04 May 2016)

McAtee, R (on the application of) v The Secretary of State for Justice [2016] EWHC 1019 (Admin) (04 May 2016)

High Court (Queen’s Bench Division)

AB v ROYAL Devon & Exeter NHS Foundation Trust [2016] EWHC 1024 (QB) (04 May 2016)

Hosseini v Central Manchester University & Anor [2016] EWHC 974 (QB) (04 May 2016)

Source: www.bailii.org

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NHS trust fined £185k over inadvertent release of confidential data on staff – Local Government Lawyer

Posted May 5th, 2016 in data protection, fines, hospitals, internet, news by tracey

‘The Information Commissioner’s Office has fined Blackpool Teaching Hospitals NHS Foundation Trust after it posted the private details of 6,574 members of staff on its website.’

Full story

Local Government Lawyer, 4th May 2016

Source: www.localgovernmentlawyer.co.uk

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APIL 2016: no retreat on personal injury reform, says justice minister – Law Society’s Gazette

Posted May 5th, 2016 in consultations, damages, insurance, news, personal injuries, small claims by tracey

‘Justice minister Lord Faulks today indicated that there will be no retreat on far-reaching and controversial plans to reform the personal injury sector.’

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Law Society’s Gazette, 4th May 2016

Source: www.lawgazette.co.uk

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Preventing Child Sexual Exploitation: a lacuna in the law – Family Law Week

‘Matthew Warmoth, pupil barrister at Fourteen, finds that the court can do little to protect children from CSE when the exploiter is not a party to proceedings and there has been no police caution or conviction for a sexual or violent offence.’

Full story

Family Law Week, 4th May 2016

Source: www.familylawweek.co.uk

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Gang jailed over pensioner phone scam – BBC News

‘Eight men from London have been jailed for a phone scam that defrauded UK pensioners out of more than £1m.’

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BBC News, 4th May 2016

Source: www.bbc.co.uk

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Thousands of court cases adjourned due to failures in interpreting services – The Guardian

Posted May 5th, 2016 in adjournment, contracting out, delay, interpreters, news by tracey

‘More than 2,600 court cases have been adjourned over the past five years because of failures in the interpreting service, according to figures released by the Ministry of Justice.’

Full story

The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Bill forcing people to prove nationality slammed as discriminatory – The Guardian

Posted May 5th, 2016 in bills, documents, immigration, news, passports, police, race discrimination by tracey

‘Government measures making people prove their nationality or face prosecution risk damaging community relations and are discriminatory, critics have warned.’

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The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Former chief constable calls for public inquiry into Orgreave clashes and beyond – The Guardian

Posted May 5th, 2016 in industrial action, inquiries, miners, news, police by tracey

‘A public inquiry should examine the way Margaret Thatcher’s government used the police to occupy communities during the 1980s miners’ strike, a former chief constable has said. Sir Peter Fahy said the police attitudes that caused public outrage last week, following the Hillsborough inquest verdicts, were fostered by events such as the government using officers to crush one of Britain’s bitterest industrial disputes.’

Full story

The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Judge overturns ‘absurd’ NHS decision not to treat narcoleptic 17-year-old – Daily Telegraph

Posted May 5th, 2016 in health, medical treatment, medicines, news, young persons by tracey

‘NHS England has been ordered by the High Court to treat a teenager with a severe neurological condition.’

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Daily Telegraph, 5th May 2016

Source: www.telegraph.co.uk

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George Bell: The battle for a bishop’s reputation – BBC News

Posted May 5th, 2016 in children, clergy, news, sexual grooming, sexual offences, victims by tracey

‘George Bell was one of the most influential Anglican bishops of the last century. But, almost 60 years after his death, he was accused of having been a child abuser. Now campaigners are battling to defend his reputation.’

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BBC News, 5th May 2016

Source: www.bbc.co.uk

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Kandyce Downer: Foster mother guilty of murdering toddler in her care jailed for life – The Independent

Posted May 5th, 2016 in fostering, murder, news, sentencing by tracey

‘A foster mother who battered an 18-month-old baby to death just months after becoming her guardian has been jailed for life.’

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The Independent, 4th May 2016

Source: www.independent.co.uk

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Tough talk on crime has led to a crisis in Britain’s prisons – The Guardian

Posted May 5th, 2016 in assault, crime, news, prisons, sentencing, suicide by tracey

‘The rapid rise in suicides and assaults behind bars was inevitable, given the UK imported an experiment that had failed – disastrously – in America.’

Full story

The Guardian, 5th May 2016

Source: www.guardian.co.uk

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Teach that judge a lesson – Technology Law Update

Posted May 4th, 2016 in expert witnesses, intellectual property, judges, judiciary, news, patents by tracey

‘Patent litigation in the English courts can be a bit of a see-saw, with experts from either side weighing in with their own perspective on technical matters. The judge must then make a choice between their views and come up with what he or she feels is the right answer.’

Full story

Technology Law Update, 4th May 2016

Source: www.technology-law-blog.co.uk

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High Court: no “windfall” in allowing barrister to claim fast-track trial advocacy fee – Litigation Futures

‘Allowing a claimant’s barrister to recover a trial advocacy fee in a fast-track personal injury case, settled on the morning of the hearing, “hardly amounts to a windfall”, a High Court judge has said.’

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Litigation Futures, 3rd May 2016

Source: www.litigationfutures.com

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Rotherham abuse survivors press for stricter taxi safety measures – The Guardian

‘All taxis drivers in Rotherham will be required to have CCTV cameras installed in their cars from July, in an attempt to prevent child sexual exploitation. Drivers will also have to activate an audio recording device whenever they transport an unaccompanied child or vulnerable adult , under a series of measures introduced by the council to rebuild trust in the taxi industry.’

Full story

The Guardian, 3rd May 2016

Source: www.guardian.co.uk

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Undercover police denied automatic anonymity at inquiry – BBC News

‘Undercover police officers facing claims of wrongdoing will not automatically get anonymity at a forthcoming major public inquiry.’

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BBC News, 3rd May 2016

Source: www.bbc.co.uk

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Mother who tried to move family to Syria ordered to give up children – The Guardian

Posted May 4th, 2016 in care orders, children, families, family courts, Islam, news, terrorism by tracey

‘The high court has ruled that the three children of a Leicester woman who tried to take them to Isis-controlled territory must live with their grandmother.’

Full story

The Guardian, 3rd May 2016

Source: www.guardian.co.uk

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Serious case review to probe whether toddler battered to death by foster mother could have been saved – Daily Telegraph

‘Social services are facing questions after a “barbaric” woman beat an 18-month-old girl in her care to death, inflicting 200 injuries on her and trying to blame her eldest son for the child’s death.’

Full story

Daily Telegraph, 3rd May 2016

Source: www.telegraph.co.uk

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Refugee held illegally after Home Office refused to believe he was 16 – The Guardian

‘Call for investigation into case of Syrian boy who was locked up for almost a month despite having documents proving identity.’

Full story

The Guardian, 4th May 2016

Source: www.guardian.co.uk

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Misleading broadband prices to be reformed in major crackdown – as BT faces ban over TV adverts -Daily Telegraph

Posted May 4th, 2016 in advertising, internet, news, ombudsmen by tracey

‘Three adverts by Britain’s biggest telecoms provider have been banned for making misleading claims about the quality of its broadband being better than rivals.’

Full story

Daily Telegraph, 4th May 2016

Source: www.telegraph.co.uk

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