BAILII: Recent Decisions

Posted July 16th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd & Ano [2018] EWCA Civ 1660 (13 July 2018)

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641 (13 July 2018)

Court of Appeal (Criminal Division)

Coghlan v Chief Constable of Manchester Greater Police & Ors (Rev 1) [2018] EWHC 1784 (QB) (12 July 2018)

High Court (Administrative Court)

TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon [2018] EWHC 1791 (Admin) (13 July 2018)

KG, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 1767 (Admin) (13 July 2018)

AS, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 1792 (Admin) (13 July 2018)

Jones, R (on the application of) v Criminal Cases Review Commission [2018] EWHC 1798 (Admin) (13 July 2018)

High Court (Chancery Division)

Mercato Sports (UK) Ltd & Anor v The Everton Football Club Company Ltd [2018] EWHC 1567 (Ch) (12 July 2018)

High Court (Commercial Court)

Single Buoy Moorings Inc v Aspen Insurance UK Ltd [2018] EWHC 1763 (Comm) (13 July 2018)

Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) (13 July 2018)

PAO Tatneft v Ukraine [2018] EWHC 1797 (Comm) (13 July 2018)

Source: www.bailii.org

What’s another decade? – Nearly Legal

Posted July 16th, 2018 in news by tracey

‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’

Full Story

Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Facing up to it – Nearly Legal

Posted July 16th, 2018 in news by tracey

‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’

Full Story

Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Rulings clarify scope of employers’ disability duties – OUT-LAW.com

Posted July 16th, 2018 in news by tracey

‘ Doing the right thing by disabled employees may require more than mere compliance with the minimum requirements set out in equalities law.’

Full Story

OUT-LAW.com, 13th July 2018

Source: www.out-law.com

To re-score or not to re-score: procurement challenge of health care services tender – Practical Law: Construction Blog

Posted July 16th, 2018 in news by tracey

‘Stuart-Smith J’s judgment in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council provides helpful guidance on how not to conduct moderation meetings and highlights the defendant’s failure to provide adequate reasons for its decision making. What it does not provide is a finding on who deserved to win the contract.’

Full Story

Practical Law: Construction Blog, 16th July 2018

Source: constructionblog.practicallaw.com

Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer

Posted July 16th, 2018 in news by tracey

‘The National Minimum Wage (NMW) does not apply to sleep-in shifts unless the worker is awake for the purpose of working, the Court of Appeal has reportedly ruled. It has been estimated that if Mencap, the appellant, had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.’

Full Story

Local Government Lawyer, 13th July 2018

Source: www.localgovernmentlawyer.co.uk

“Significant barriers” exist for disabled lawyers – Legal Futures

Posted July 16th, 2018 in news by tracey

‘Disabled people seeking employment or working in the legal profession are “an untapped resource”, according to ground-breaking research. It found a profession not set up to accommodate the needs of disabled people in or wanting to join the profession.’

Full Story

Legal Futures, 16th July 2018

Source: www.legalfutures.co.uk

The scale and drivers of attrition in reported fraud and cyber crime – Home Office

Posted July 16th, 2018 in reports by tracey

‘Outlines findings from a research study looking at the level of attrition in fraud and cyber crime cases reported to Action Fraud..’

Full report

Home Office, 16th July 2018

Source: www.gov.uk/home-office

Care home boss who stole millions from residents jailed – Crown Prosecution Service

Posted July 16th, 2018 in press releases by tracey

‘The owner of a care home who tried to defraud residents out of £4.1million by isolating them from their families and persuading them to make him a beneficiary of their wills has been jailed today.’

Full press release

Crown Prosecution Service, 13th July 2018

Source: www.cps.gov.uk

Achieving sea-change: criminal disclosure failures – Counsel

Posted July 16th, 2018 in news by tracey

‘Too little, too late? As the CPS publishes its disclosure review, Narita Bahra and Fiona Robertson assess whether its assurances and safeguards can possibly achieve the pledged sea change.’

Full Story

Counsel, July 2018

Source: www.counselmagazine.co.uk

Reaching the point of no [search] return – Counsel

Posted July 16th, 2018 in news by tracey

‘Google fail? Heather Rogers QC puts the legal record straight on the first two ‘right to be forgotten’ cases – tried under the twilight data protection regime but with issues far from resolved.’

Full Story

Counsel, July 2018

Source: www.counselmagazine.co.uk

Widowed father ordered to leave UK against advice of Home Office’s own lawyers – The Guardian

Posted July 16th, 2018 in news by tracey

‘A widower who is the sole carer of his four-year-old son has been forbidden to work and ordered to leave the country – even though the Home Office’s own lawyers advised them to drop the case.’

Full Story

The Guardian, 16th July 2018

Source: www.theguardian.com

Reporting restrictions ‘prevent scrutiny’ of economic crimes – The Guardian

Posted July 16th, 2018 in news by tracey

‘Excessive court reporting restrictions, inadequate listing information and difficulties in obtaining documents are preventing scrutiny of economic crimes and bribery cases, according to a report by Corruption Watch UK.’

Full Story

The Guardian, 16th July 2018

Source: www.theguardian.com

Legal challenge to the new model of health and social care bodies – Community Care Blog

Posted July 13th, 2018 in community care, contracting out, contracts, health, news by tracey

‘In the recent case of R (Hutchinson & Anor) v Secretary of State for Health and Social Care & Anor the Administrative Court considered a challenge to the creation of a new model for the provision of health and social care in England.’

Full Story

Community Care Blog, 10th July 2018

Source: communitycare11kbw.com

New UK trade mark laws finalised – OUT-LAW.com

Posted July 13th, 2018 in news, trade marks by tracey

‘New UK trade mark laws have been finalised, although they will not take effect until early next year.’

Full Story

OUT-LAW.co., 13th July 2018

Source: www.out-law.com

The reverse charge: shaking up VAT on construction services – Practical Law: Construction Blog

Posted July 13th, 2018 in construction industry, news, VAT by tracey

‘1 October 2019 will see a significant shake-up of the VAT rules in the construction sector. New rules will come into force on that date which will, in many cases, require the recipient of the supply of construction services, rather than the supplier, to account for VAT on the supply. Large and small businesses making standard-rated or reduced-rated supplies of construction services may be impacted. There may be cash flow implications, which could be positive or negative, for the businesses concerned.’

Full Story

Practical Law: Construction Blog, 11th July 2018

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 13th, 2018 in legislation by tracey

The Electronic Presentment of Instruments (Evidence of Payment and Compensation for Loss) Regulations 2018

The Nursing and Midwifery (Amendment) Order 2018

The European Union (Definition of Treaties) (Canada Trade Agreement) Order 2018

The Visiting Forces (Designation) Order 2018

The Financial Market Infrastructure Administration (England and Wales) Rules 2018

The Financial Services (Banking Reform) Act 2013 (Commencement No. 1) (England and Wales) Order 2018

The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 13th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Doherty v Fannigan Holdings Ltd [2018] EWCA Civ 1615 (12 July 2018)

Kamara v London Borough Of Southwark [2018] EWCA Civ 1616 (12 July 2018)

Secretary of State for the Home Department v MR (Pakistan) [2018] EWCA Civ 1598 (12 July 2018)

Thum v Thum [2018] EWCA Civ 624 (12 July 2018)

Personal Management Solutions Ltd & Anor v Brake Bros. Ltd & Ors [2018] EWCA Civ 1635 (12 July 2018)

M (BIIa Article 19: Court First Seised) [2018] EWCA Civ 1637 (12 July 2018)

Broughal v Walsh Brothers Builders Ltd & Anor [2018] EWCA Civ 1610 (10 July 2018)

High Court (Administrative Court)

Shumba & Ors v Public Prosecutor In Nanterre County Court, France & Ors [2018] EWHC 1762 (Admin) (12 July 2018)

Euro Garages Ltd v The Secretary of State for Communities And Local Government & Anor [2018] EWHC 1753 (Admin) (11 July 2018)

Buchanan vThe Crown Prosecution Service [2018] EWHC 1773 (Admin) (10 July 2018)

High Court (Chancery Division)

Angel Group Ltd v Davey [2018] EWHC 1781 (Ch) (12 July 2018)

LF2 Ltd v Supperstone & Anor (Administrators of Pennyfeathers Ltd) [2018] EWHC 1776 (Ch) (11 July 2018)

Signia Wealth Ltd v Vector Trustees Ltd [2018] EWHC 1774 (Ch) (11 July 2018)

Barker v Baxendale-Walker [2018] EWHC 1681 (Ch) (10 July 2018)

High Court (Commercial Court)

FM Capital Partners Ltd v Marino & Ors [2018] EWHC 1768 (Comm) (11 July 2018)

High Court (Queen’s Bench Division)

Sheffield City Council v Fairhall & Ors [2018] EWHC 1793 (QB) (12 July 2018)

Coghlan v Chief Constable of Manchester Greater Police & Ors [2018] EWHC 1784 (QB) (12 July 2018)

TPE v Franks [2018] EWHC 1765 (QB) (10 July 2018)

Source: www.bailii.org

Prosecution of Uber driver dismissed amid claims app was plying for hire – Local Government Lawyer

Posted July 13th, 2018 in internet, licensing, local government, news, taxis by tracey

‘The Chief Magistrate, Dame Emma Arbuthnot, has dismissed a prosecution of a driver using the Uber App, based on an allegation that the App was a form of plying for hire. Philip Kolvin QC of Cornerstone Barristers, who appeared for the defendant, Mudassar Ali, said the judicial decision was the first on the topic.’

Full Story

Local Government Lawyer, 11th July 2018

Source: www.localgovernmentlawyer.co.uk

“No need” for judge who rejected permission to appeal to recuse herself from hearing – Litigation Futures

Posted July 13th, 2018 in appeals, judiciary, news, recusal by tracey

‘There was no need for a judge who rejected permission to appeal on paper to recuse herself from the full hearing, the Court of Appeal has ruled. Lord Justice Patten said Her Honour Judge Baucher in Central London County Court had “done no more than indicate in her order” that the appeal would have no real prospect of success and there was “no other compelling reason” to grant permission.’

Full Story

Litigation Futures, 12th July 2018

Source: www.litigationfutures.com