BAILII: Recent Decisions

Posted October 11th, 2019 in law reports by tracey

High Court (Administrative Court)

BY v The District Court In Paphos, Cyprus [2019] EWHC 2637 (Admin) (10 October 2019)

High Court (Queen’s Bench Division)

Hussain v EUI Ltd [2019] EWHC 2647 (QB) (10 October 2019)

Williamson MP v Formby [2019] EWHC 2639 (QB) (10 October 2019)

Source: www.bailii.org

Scheme giving ex-offenders a stable place to live up and running – Ministry of Justice

‘A scheme giving vulnerable ex-offenders stable accommodation to help them rebuild their lives and stay away from crime is now up and running, Prisons Minister Lucy Frazer announced today (10 October 2019).’

Full press release

Ministry of Justice, 10th october 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

The limits of the inherent jurisdiction (1) – Local Government Lawyer

‘Mr Justice Cobb recently handed down two important decisions on the scope of the inherent jurisdiction at the border of the Mental Capacity Act 2005. In the first of two articles on these rulings, the Court of Protection team at 39 Essex Chambers examine a case concerning a young adult and the use of the inherent jurisdiction to authorise deprivations of liberty where there is no statutory framework in place.’

Full Story

Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

Court of Appeal orders council to pay cost of attendance of young woman at weekly placement – Local Government Lawyer

‘The Court of Appeal has ruled that North East Lincolnshire Council should have paid the cost of a disabled young woman attending a weekly placement, overturning an earlier High Court decision.’

Full Story

Local Government Lawyer, 11th October 2019

Source: www.localgovernmentlawyer.co.uk

High Court issues “novel” conditional costs order – Litigation Futures

Posted October 11th, 2019 in costs, news by tracey

‘The High Court has issued what a conditional order for an interim payments on account of costs in the event of a party not complying with an unless order.’

Full Story

Litigation Futures, 10th October 2019

Source: www.litigationfutures.com

Applications to the Court of Protection: The Notification Process – Family Law

Posted October 11th, 2019 in Court of Protection, news, notification, time limits by tracey

‘The Court of Protection is unable to make a Deputyship order unless the appropriate notification process has been followed by the applicant.’

Full Story

Family Law, 10th October 2019

Source: www.familylaw.co.uk

Prison officer jailed for inappropriate relationship with prisoner – Crown Prosecution Service

‘A prison officer has been jailed for misconduct in a public office after having an inappropriate relationship with a serving prisoner.’

Full Story

Crown Prosecution Service, 10th October 2019

Source: www.cps.gov.uk

Financial Remedy & Divorce Update, October 2019 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during September 2019.’

Full Story

Family Law Week, 10th October 2019

Source: www.familylawweek.co.uk

Brain-damaged claimant should not learn of £6.7m award, court rules – Law Society’s Gazette

‘The High Court has taken the unusual step of stopping a personal injury claimant from knowing what compensation he has received.’

Full Story

Law Society's Gazette, 10th October 2019

Source: www.lawgazette.co.uk

High Court judge allows £786 hourly fees but calls for rate review – Law Society’s Gazette

Posted October 11th, 2019 in costs, fees, news, solicitors by tracey

‘A High Court judge has said updated guideline hourly rates would be ‘very welcome’ after allowing costs far in excess of the supposedly prescribed amount.’

Full Story

Law Society's Gazette, 11th October 2019

Source: www.lawgazette.co.uk

Mark Duggan shooting: family settle high court claim against Met – The Guardian

‘The family of Mark Duggan, whose killing sparked civil unrest across England in 2011, have settled a high court claim against the Metropolitan police.’

Full Story

The Guardian, 10th October 2019

Source: www.theguardian.com

Man fined for kicking Labour MP Jess Phillips’ office door and shouting: ‘Is this the fascist party offices?’ – The Independent

Posted October 11th, 2019 in fines, harassment, news, political parties, public order by tracey

‘A man has been fined after kicking out at the front door of Jess Phillips’ constituency office, while shouting “is this the fascist party offices?” ‘

Full Story

The Independent, 10th October 2019

Source: www.independent.co.uk

Toxteth woman died after being left in filth – BBC News

Posted October 11th, 2019 in homicide, married persons, negligence, news, sentencing by tracey

‘A 67-year-old man who left his wife covered in filth, flies and maggots has been jailed for eight years.’

Full Story

BBC News, 10th October 2019

Source: www.bbc.co.uk

Ben Stokes takes legal action against Sun over story of family tragedy – The Guardian

Posted October 11th, 2019 in families, freedom of expression, media, news, privacy, sport by tracey

‘Ben Stokes and his mother, Deborah, have launched legal action against the Sun for invasion of privacy, after the newspaper last month published a front-page story detailing a tragedy involving the England cricketer’s family.’

Full Story

The Guardian, 10th October 2019

Source: www.theguardian.com

MP Chris Williamson loses anti-Semitism suspension appeal – BBC News

‘An MP has lost his High Court bid to be reinstated to the Labour Party after he was suspended in an anti-Semitism row.’

Full Story

BBC News, 10th October 2019

Source: www.bbc.co.uk

Army sergeant demoted after he punched and twisted the nipples of ‘raw recruits’ to toughen them up, tribunal hears – Daily Telegraph

‘An army sergeant was demoted and detained for six months after punching and twisting the nipples of “raw recruits” to toughen them up, a tribunal has heard.’

Full Story

Daily Telegraph, 10th October 2019

Source: www.telegraph.co.uk

New Acts – legislation.gov.uk

Posted October 10th, 2019 in legislation by tracey

Parliamentary Buildings (Restoration and Renewal) Act 2019

Census (Return Particulars and Removal of Penalties) Act 2019

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 10th, 2019 in legislation by tracey

The Social Security (Capital Disregards) (Amendment) Regulations 2019

The Fire and Rescue Services (Appointment of Inspector) (Wales) (Revocation) Order 2019

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2019

The Misuse of Drugs Act 1971 (Amendment) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 10th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v KN (DRC) [2019] EWCA Civ 1665 (09 October 2019)

Base Childrenswear Ltd v Otshudi [2019] EWCA Civ 1648 (09 October 2019)

Read v Panzone & Anor [2019] EWCA Civ 1662 (09 October 2019)

Idu v The East Suffolk & North Essex NHS Foundation Trust [2019] EWCA Civ 1649 (08 October 2019)

JP Morgan Chase Bank NA v The Federal Republic of Nigeria [2019] EWCA Civ 1641 (08 October 2019)

Aozora GMAC Investment Ltd, R (On the Application Of) v Revenue And Customs [2019] EWCA Civ 1643 (08 October 2019)

Ocean Outdoor UK Ltd v The London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 (08 October 2019)

Badyal v Badyal & Ors [2019] EWCA Civ 1644 (08 October 2019)

High Court (Administrative Court)

Okpara v General Medical Council [2019] EWHC 2624 (Admin) (09 October 2019)

Nkomo v The General Medical Council [2019] EWHC 2625 (Admin) (09 October 2019)

Safe Rottingdean Ltd v Brighton And Hove City Council [2019] EWHC 2632 (Admin) (08 October 2019)

Satnam Millenium Ltd v Secretary of State for Housing, Communities And Local Government [2019] EWHC 2631 (Admin) (08 October 2019)

Utilita Energy Ltd, R (On the Application Of) v Secretary of State for Business, Energy And Industrial Strategy [2019] EWHC 2612 (Admin) (07 October 2019)

Simone & Ors v Chancellor of the Exchequer & Anor [2019] EWHC 2609 (Admin) (07 October 2019)

Benchaouir, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 2606 (Admin) (07 October 2019)

High Court (Chancery Division)

Bellmare Holdings Ltd v Wells [2019] EWHC 2193 (Ch) (08 October 2019)

High Court (Commercial Court)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2019] EWHC 2630 (Comm) (08 October 2019)

High Court (Family Division)

B v A [2019] EWHC 2613 (Fam) (07 October 2019)

High Court (Queen’s Bench Division)

Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council [2019] EWHC 2633 (QB) (08 October 2019)

Hillside Parks Ltd v Snowdonia National Park Authority [2019] EWHC 2587 (QB) (08 October 2019)

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB) (08 October 2019)

Bourne v Nejad [2019] EWHC 2605 (QB) (07 October 2019)

Source: www.bailii.org

Bleak Choses? Trusting in equity – Practical Law: Construction Blog

Posted October 10th, 2019 in assignment, equity, news, third parties, trusts, warranties by tracey

‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’

Full Story

Practical Law: Construction Blog, 9th October 2019

Source: constructionblog.practicallaw.com