Day: 15 July 2016

BAILII: Recent Decisions

Posted July 15th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Da Costa & Anor v Sargaco & Anor [2016] EWCA Civ 764 (14 July 2016)

FA (Pakistan) v Secretary of State for the Home Department [2016] EWCA Civ 763 (14 July 2016)

High Court (Administrative Court)

Imbeah, R (on the application of) v Willesden Magistrates’ Court & Anor [2016] EWHC 1760 (Admin) (14 July 2016)

High Court (Chancery Division)

Muhammad & Ors v ARY Properties Ltd & Ors [2016] EWHC 1698 (Ch) (13 July 2016)

High Court (Queen’s Bench Division)

FPH Law (a firm) v Brown (t/a Integrum Law) [2016] EWHC 1681 (QB) (14 July 2016)

Devonport v Gateshead Health NHS Foundations Trust [2016] EWHC 1729 (QB) (13 July 2016)

XP v Compensa Towarzystwo SA & Anor [2016] EWHC 1728 (QB) (13 July 2016)

Ipswich Town Football Club Company Ltd v Suffolk Constabulary [2016] EWHC 1682 (QB) (08 July 2016)

Reaney v University Hospital of North Staffordshire NHS Trust & Anor (No 2) [2016] EWHC 1676 (QB) (08 July 2016)

Radford & Anor v Frade & Ors [2016] EWHC 1600 (QB) (08 July 2016)

LAT v East Somerset NHS Trust (Now Yeovil District Hospital NHS Foundation Trust) [2016] EWHC 1610 (QB) (08 July 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 15th, 2016 in legislation by tracey

The Social Security (Treatment of Postgraduate Master’s Degree Loans and Special Support Loans) (Amendment) Regulations 2016

The Magistrates’ Courts (Forfeiture of Political Donations) (Amendment) Rules 2016

The Reserve Forces Acts 1980 and 1996 (Isle of Man) (Amendment) Order 2016

The Chief Inspector of Education, Children’s Services and Skills Order 2016

The Double Taxation Relief (Isle of Man) Order 2016

The Double Taxation Relief (Guernsey) Order 2016

The Capital Allowances (Designated Assisted Areas) Order 2016

The Double Taxation Relief (Jersey) Order 2016

The Double Taxation Relief and International Tax Enforcement (Uruguay) Order 2016

The Double Taxation Relief and International Tax Enforcement (United Arab Emirates) Order 2016

The Immigration (Isle of Man) (Amendment) (No. 2) Order 2016

The Plant Varieties and Seeds (Isle of Man) Order 2016

The Childcare Payments Act 2014 (Commencement No. 1) Regulations 2016

Source: www.legislation.gov.uk

Level of Support – Local Government Law

Posted July 15th, 2016 in children, housing, human rights, local government, news by tracey

‘In R (C, T, M and U) v Southwark LBC (2016) EWCA Civ 707 the claimants challenged the lawfulness of the accommodation and the level of financial support provided by Southwark Council to a family who have no right of recourse to public funds.’

Full story

Local Government Law, 13th July 2016

Source: www.11kbw.com/blogs/local-government-law

Getting Noticed – Nearly Legal

Posted July 15th, 2016 in easements, landlord & tenant, news, notification, repairs by tracey

‘The case of Edwards v Kumarasamy has now seen a final decision from the Supreme Court with the Court overturning the decision of the Court of Appeal in two key areas.’

Full story

Nearly Legal, 14th July 2016

Source: www.nearlylegal.co.uk

Supreme Court rejects Wiltshire resident’s appeal against solar farm – OUT-LAW.com

Posted July 15th, 2016 in appeals, energy, news, planning, Supreme Court, time limits by tracey

‘An appeal against the grant of planning permission to a solar farm in Wiltshire “does not raise an arguable point of law of general public importance”, and may not be appealed to the Supreme Court.’

Full story

OUT-LAW.com, 13th July 2016

Source: www.out-law.com

The Court of Appeal uphold High Court’s decision to quash the London Wharf CPO – OUT-LAW.com

Posted July 15th, 2016 in appeals, compulsory purchase, news, planning by tracey

‘The Court of Appeal has upheld the High Court’s decision to quash a compulsory purchase order (CPO) for the unused and vacant Orchard Wharf.’

Full story

OUT-LAW.com, 14th July 2016

Source: www.out-law.com

Justice for everyone: another Grayling reform bites the dust – UK Human Rights Blog

Posted July 15th, 2016 in domicile, legal aid, ministers' powers and duties, news, Supreme Court, ultra vires by tracey

‘R (on the application of Public Law Project) v Lord Chancellor [2016] UKSC 39.
Supreme Court bins the Government’s residence test for legal aid as ultra vires: just as the latest non-lawyer assumes the role of Lord Chancellor, the reforms made by the first non-lawyer to assume that role continue to fade away.’

Full story

UK Human Rights Blog, 14th July 2016

Source: www.ukhumanrightsblog.com

Tenants win “forward looking test” case at Court of Appeal – Local Government Lawyer

Posted July 15th, 2016 in appeals, drug offences, landlord & tenant, local government, news, repossession by tracey

‘Tenants have won a Court of Appeal case over the use by judges of the “forward looking test” in two cases involving eviction from social housing after cannabis farms were discovered.’

Full story

Local Government Lawyer, 13th July 2016

Source: www.localgovernmentlawyer.co.uk

Council “unreasonable” for refusing to accept third application for assistance – Local Government Lawyer

Posted July 15th, 2016 in homelessness, housing, local government, mental health, news by tracey

‘The London Borough of Southwark acted unlawfully when it had refused to accept a third application for homelessness assistance from applicant “JH”, the administrative court has found.’

Full story

Local Government Lawyer, 13th July 2016

Source: www.localgovernmentlawyer.co.uk

Consumer Prepayments on Retailer Insolvency – Law Commission

Posted July 15th, 2016 in consumer credit, consumer protection, insolvency, Law Commission, press releases by tracey

‘This project is complete. We laid our report before Parliament on 13 July 2016 and await the Government’s response.
This project, which was commissioned by the Department for Business, Innovation and Skills (BIS), considered whether greater protection is needed for consumers who lose deposits or gift vouchers when retailers or other service providers become insolvent.’

Full press release

Law Commission, 14th July 2016

Source: http://www.justice.gov.uk/lawcommission

‘Radical’ handbook reforms will widen access to justice, SRA says – Law Society’s Gazette

Posted July 15th, 2016 in consumer protection, legal services, news, solicitors, Solicitors Regulation Authority by tracey

‘The Solicitors Regulation Authority insists its “radical” handbook reforms will widen access to justice, acknowledging that certain safeguards will be needed if solicitors are given greater freedom to deliver legal services outside regulated firms.’

Full story

Law Society’s Gazette, 14th July 2016

Source: www.lawgazette.co.uk

Nurse accused of botching procedure is cleared of manslaughter – The Guardian

Posted July 15th, 2016 in children, homicide, news, nurses by tracey

‘A nurse who was accused of botching the insertion of a feeding tube into a 10-year-old girl’s stomach has been cleared of the child’s manslaughter.’

Full story

The Guardian, 14th July 2016

Source: www.guardian.co.uk

Mzee Mohammed police custody death investigated – BBC News

Posted July 15th, 2016 in complaints, death in custody, news, police, young persons by tracey

‘A teenager has died in the custody of police after being detained by security staff at a shopping centre.’

Full story

BBC News, 14th July 2016

Source: www.bbc.co.uk

City watchdog battles to ban ‘reckless’ payday lender – Daily Telegraph

Posted July 15th, 2016 in financial regulation, loans, news, unfair commercial practices by tracey

‘The City watchdog faces a legal battle in its attempts to ban a payday lender from the industry, as financier Andrew Barry Hart fights claims he “took a reckless approach” to lending and “failed to address unfair business practices”.’

Full story

Daily Telegraph, 14th July 2016

Source: www.telegraph.co.uk

Margate woman jailed for ‘cruel’ James Bulger tweets – BBC News

Posted July 15th, 2016 in harassment, internet, news, restraining orders, sentencing, stalking by tracey

‘A woman who admitted sending disturbing Twitter messages to the mother of murdered toddler, James Bulger, has been jailed for three years.’

Full story

BBC News, 14th July 2016

Source: www.bbc.co.uk

Speeding driver jailed after smash threw woman out of bath – BBC News

Posted July 15th, 2016 in dangerous driving, news, sentencing by tracey

‘A speeding motorist who drove his car straight through the wall of a house – throwing the tenant out of her bath – has been jailed.’

Full story

BBC News, 14th July 2016

Source: www.bbc.co.uk

New law to recoup crime money needed, say MPs – BBC News

Posted July 15th, 2016 in confiscation, news, proceeds of crime, reports, select committees by tracey

‘It should be a separate criminal offence to refuse to hand over money and assets derived from crime, a group of MPs has said. The system for enforcing confiscation orders imposed by the courts is not working, a report by the Home Affairs Select Committee added.’

Full story

Home Affairs select committee press release

BBC News, 15th July 2016

Source: www.bbc.co.uk

Poppi Worthington case: ‘Insufficient evidence’ to charge baby’s father over her death, says CPS – Daily Telegraph

Posted July 15th, 2016 in child abuse, Crown Prosecution Service, evidence, news, prosecutions, sexual offences by tracey

‘The father of a 13-month-old girl who died after she was found with serious injuries at her home will not face any criminal charges.’

Full story

Daily Telegraph, 14th July 2016

Source: www.telegraph.co.uk