BAILII: Recent Decisions

Posted May 24th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

BF (Eritrea) v Secretary of State for the Home Department [2019] EWCA Civ 872 (23 May 2019)

Koza Ltd & Anor v Akcil & Ors [2019] EWCA Civ 891 (23 May 2019)

Habberfield v Habberfield [2019] EWCA Civ 890 (23 May 2019)

Court of Appeal (Criminal Division)

Goldfinch v R. [2019] EWCA Crim 878 (23 May 2019)

Baines, Re [2019] EWCA Crim 875 (23 May 2019)

High Court (Administrative Court)

Szlachetka v Circuit Court in Koszalin, Poland [2019] EWHC 1329 (Admin) (22 May 2019)

High Court (Queen’s Bench Division)

London And Quadrant Housing Trust v Patrick [2019] EWHC 1263 (QB) (23 May 2019)

FZO v Adams & Anor [2019] EWHC 1286 (QB) (23 May 2019)

Source: www.bailii.org

Revealed: single offender has been jailed nearly 200 times -The Guardian

Posted May 24th, 2019 in news by tracey

‘A single offender has been sentenced to almost 200 jail terms of less than six months in their lifetime, new figures reveal, renewing calls for an overhaul of the justice system to curb the use of ineffective short sentences. The highest number of previous immediate prison sentences of under six months given to an offender sentenced in 2018 in England and Wales was 198, according to a response to a freedom of information request submitted by the charity Revolving Doors.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

Church review of Bishop Whitsey case – Law and Religion UK

Posted May 24th, 2019 in press releases by tracey

‘On 22 May 2019, the Church of England announced a review into the allegations of sexual offences against children and adults by the late Bishop Hubert Victor Whitsey.’

Full press release

Law and Religion UK, 23rd May 2019

Source: www.lawandreligionuk.com

Suspension of Contract – Local Government Law

Posted May 24th, 2019 in news by tracey

‘Kenson Contractors v Haringey LBC (2019) EWHC 1230 (Admin) was an application made by the Claimant contractor, for an interim injunction against the Council to suspend its decision to award or execute a road-improvement contract to the Interested Party, Marlborough Highways Limited (“MHL”). Kenson came second in the procurement exercise for that contract and MHL came first. Because of the value of the contract (some £630,000 plus VAT) this procurement exercise was well below the threshold for the operation of the otherwise relevant parts of the Public Contracts Regulations 2015. The underlying claim was brought by way of judicial review (“JR”) of the Council’s decision to award the contract to MHL rather than Kenson.’

Full Story

Local Government Law, 22nd May 2019

Source: local-government-law.11kbw.com

Firm right to withhold privileged information, High Court rules – Law Society’s Gazette

Posted May 24th, 2019 in news by tracey

‘The High Court has backed international firm Taylor Wessing over its refusal to disclose privileged information to the beneficiary of a Bahamian trust. Taylor Wessing was acting for the trustee of the Glennfinnan Settlement when a beneficiary of the trust requested personal data about parties to litigation in the Bahamas.’

Full Story

Law Society's Gazette, 23rd May 2019

Source: www.lawgazette.co.uk

High court judge leads inquiry into London Capital & Finance scandal – The Guardian

Posted May 24th, 2019 in news by tracey

‘The government has launched an independent inquiry into the collapse of London Capital & Finance, the investment firm at the centre of a mounting £236m financial scandal in which thousands of investors lost money. Dame Elizabeth Gloster, a leading high court judge specialising in corporate failures, finance and fraud, will lead the investigation into the company and the oversight of the City watchdog ahead of its collapse.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

Facial recognition tech: watchdog calls for code to regulate police use – The Guardian

Posted May 24th, 2019 in news by tracey

‘The information commissioner has expressed concern over the lack of a formal legal framework for the use of facial recognition cameras by the police. A barrister for the commissioner, Elizabeth Denham, told a court the current guidelines around automated facial recognition (AFR) technology were “ad hoc” and a clear code was needed.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

NHS and care regulator missed care home abuse of vulnerable patients on multiple occasions – The Independent

Posted May 24th, 2019 in news by tracey

‘Health watchdogs had no concerns on multiple visits to a private hospital at the centre of a police investigation into the abuse of patients in the months after it had been inspected, The Independent has learnt.’

Full Story

The Independent, 23rd May 2019

Source: www.independent.co.uk

Coroner writes to health secretary over mental health care – The Guardian

Posted May 24th, 2019 in news by tracey

‘A coroner has highlighted concerns over the care given to a young woman with severe obsessive compulsive disorder who killed herself while on leave from a mental health hospital.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

Trans women given formal access to Hampstead Heath pond – The Guardian

Posted May 24th, 2019 in news by tracey

‘Transgender women have had their right to use Hampstead Heath ponds formalised in a new policy. The City of London Corporation (CoLC), which manages Hampstead Heath and its ponds, announced that it had adopted a new gender identity policy to make sure services in the area “are fully compliant with the Equality Act 2010, and do not discriminate against trans people”.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

Paedophile deputy headteacher live-streamed child sex abuse while high on cocaine and meth – The Independent

Posted May 24th, 2019 in news by tracey

‘A deputy headteacher who live-streamed child sex abuse videos while high on cocaine and crystal meth, has been jailed for more than two years.’

Full Story

The Independent, 23rd May 2019

Source: www.independent.co.uk

Criminal barristers in England and Wales to vote on walkout over pay – The Guardian

Posted May 24th, 2019 in news by tracey

‘Criminals barristers in England and Wales are to vote over a national walkout on 1 July in protest at low fees, which they say can be as low as £46.50 for a day in court.’

Full Story

The Guardian, 24th May 2019

Source: www.theguardian.com

Convicted killer linked to historical rape of teenage girl after she discovers he is father of her child – The Independent

Posted May 24th, 2019 in news by tracey

‘A convicted murderer who raped a 14-year-old girl two decades ago was linked to the attack after she discovered he was the father of her child.’

Full Story

The Independent, 24th May 2019

Source: www.independent.co.uk

Judge ‘misled court in case against paedophile teacher’ – Daily telegraph

Posted May 24th, 2019 in news by tracey

‘A judge has been accused of misleading a court and denying justice to victims of a paedophile headmaster.’

Full Story

Daily Telegraph, 23rd May 2019

Source: www.telegraph.co.uk

Investigation into the response to cheating in English language tests – National Audit Office

Posted May 24th, 2019 in press releases by tracey

‘The National Audit Office (NAO) has today published its investigation into the Home Office’s response to widespread cheating by international students in English language tests. Clearly widespread cheating did take place but some people may have been wrongly accused and in some cases, unfairly removed from the UK.’

Full press release

National Audit Office, 24th May 2019

Source: www.nao.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 23rd, 2019 in legislation by tracey

The Firearms (Amendment) Rules 2019

The Education (Pupil Information) (England) (Amendment) Regulations 2019

The Merchant Shipping (Prevention of Air Pollution from Ships) (Miscellaneous Amendments) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 23rd, 2019 in law reports by tracey

Supreme Court

Hancock & Anor v Revenue and Customs [2019] UKSC 24 (22 May 2019)

High Court (Chancery Division)

Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019)

Ophir Energy Plc, Re Companies Act 2006 [2019] EWHC 1278 (Ch) (21 May 2019)

High Court (Family Division)

Lomax v Lomax (Referral to Early Neutral Evaluation) [2019] EWHC 1267 (Fam) (20 May 2019)

Source: www.bailii.org

Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog

Posted May 23rd, 2019 in news by tracey

‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’

Full Story

Practical Law: Construction Blog, 22nd May 2019

Source: constructionblog.practicallaw.com

High Court considers causation in clinical negligence – UK Human Rights Blog

Posted May 23rd, 2019 in news by tracey

‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’

Full Story

UK Human Rights Blog, 22nd May 2019

Source: ukhumanrightsblog.com

High Court considers Article 2 inquests in medical cases – UK Human Rights Blog

Posted May 23rd, 2019 in news by tracey

‘R (Maguire) v HM’s Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin). A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’

Full Story

UK Human Rights Blog, 21st May 2019

Source: ukhumanrightsblog.com