BAILII: Recent Decisions

Posted October 19th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Duval v 11-13 Randolph Crescent Ltd [2018] EWCA Civ 2298 (18 October 2018)

High Court (Administrative Court)

ZV, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2725 (Admin) (18 October 2018)

High Court (Chancery Division)

Hosking & Anor v Apax Partners LLP & Ors [2018] EWHC 2732 (Ch) (18 October 2018)

High Court (Commercial Court)

Integral Petroleum SA v Petrogat FZE & Anor [2018] EWHC 2686 (Comm) (17 October 2018)

High Court (Queen’s Bench Division)

Hewes v West Hertfordshire Hospitals NHS Trust & Ors (3) [2018] EWHC 2715 (QB) (18 October 2018)

Source: www.bailii.org

Supreme Court to hear case on deprivations of liberty, community treatment orders – Local Government Lawyer

Posted October 19th, 2018 in news by sally

‘The Supreme Court will next week consider whether a statutory power to impose conditions amounting to a deprivation of liberty can ever lawfully be “implied”.’

Full Story

Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

‘Shifting sands’: six legal views on the transgender debate – The Guardian

Posted October 19th, 2018 in news by sally

‘Lawyers examine the consequences to the proposed reforms to the Gender Recognition Act.’

Full Story

The Guardian, 19th October 2018

Source: www.theguardian.com

Radical preacher Anjem Choudary freed from prison – The Guardian

Posted October 19th, 2018 in news by sally

‘Anjem Choudary has been released from prison after serving half of the five-and-a-half-year sentence he received in 2016 for urging support for Isis and pledging allegiance to the terrorist group.’

Full Story

The Guardian, 19th October 2018

Source: www.theguardian.com

London borough changes its definition of ‘overcrowding’ after legal challenge: report – Local Government Lawyer

Posted October 19th, 2018 in news by sally

‘A legal challenge brought by the Public Interest Law Unit (PILU) and Housing Action Southwark and Lambeth (HASL) has forced Southwark Council to change the definition it uses for ‘overcrowding’, it has been claimed.’

Full Story

Local Government Lawyer, October 2018

Source: www.localgovernmentlawyer.co.uk

Health and Social Care of Older People is a Human Rights Issue – Rights Info

Posted October 19th, 2018 in news by sally

‘The independent healthcare regulator, the Care Quality Commission recently warned that disjointed health and social care services in England are placing increasing pressure on A&E departments. As pressure grows on the country’s health and care system, what does this mean for the human rights of older people?’

Full Story

Rights Info, 18th October 2018

Source: rightsinfo.org

Home Office asks lawyers to help simplify immigration letters – Law Society’s Gazette

Posted October 19th, 2018 in news by sally

‘The government will ask lawyers how letters to people navigating a ‘complex’ immigration system can be improved, as MPs take a closer look at proposals to reform immigration detention.’

Full Story

Law Society's Gazette, 18th October 2018

Source: www.lawgazette.co.uk

Claimants who discontinued huge case during trial ordered to pay indemnity costs – Litigation Futures

Posted October 19th, 2018 in news by sally

‘Claimants who discontinued their case four days into a six-week trial have been ordered to pay the defendants’ costs on the indemnity basis because their conduct took it ‘out of the norm’.’

Full Story

Litigation Futures, 19th October 2018

Source: www.litigationfutures.com

Transport for London appeals High Court ruling on cycle superhighway – Local Government Lawyer

Posted October 19th, 2018 in news by sally

‘Transport for London has applied for permission to appeal a High Court ruling that its decision to go ahead with the installation of a cycle super highway (CS11) at Swiss Cottage had been taken while omitting a relevant consideration.’

Full Story

Local Government Lawyer, 19th October 2018

Source: www.localgovernmentlawyer.co.uk

Reform and the future of family justice: where is the court modernisation programme heading? – Family Law

Posted October 19th, 2018 in news by sally

‘The following is an extract from a talk delivered by the immediate past President of the Family Division to the Cheshire and North Wales Resolution Family Law Conference at Chester on 25 September 2018. The full version will appear in the November issue of Family Law.’

Full Story

Family Law, 18th October 2018

Source: www.familylaw.co.uk

Woman with learning difficulties not told she had contraceptive device covertly fitted – Daily Telegraph

Posted October 19th, 2018 in news by sally

‘A young woman with learning difficulties should not be told she was covertly fitted with a contraceptive device as it would ruin her trust in her carers, a court has ruled.’

Full Story

Daily Telegraph, 18th October 2018

Source: www.telegraph.co.uk

Name checks to begin on bank payments – BBC News

Posted October 19th, 2018 in news by sally

‘The name of someone receiving a payment will be as important as their banking details for the first time from next summer, in an attempt to combat fraud.’

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BBC News, 18th October 2018

Source: www.bbc.co.uk

Homicide rate in England and Wales highest since 2008 – The Guardian

Posted October 19th, 2018 in news by sally

‘The murder and manslaughter rate in England and Wales has risen to the highest in a decade, official figures show.’

Full Story

The Guardian, 18th October 2018

Source: www.theguardian.com

‘Drunk’ women face harsher sentences than men, research claims – Law Society’s Gazette

Posted October 19th, 2018 in news by sally

‘Women are twice as likely as men to receive harsher sentences for assault offences when alcohol is a contributory factor, according to a new study.’

Full Story

Law Society's Gazette, 19th October 2018

Source: www.lawgazette.co.uk

Home Office ordered to pay damages to sex-trafficking victim – The Guardian

Posted October 19th, 2018 in news by sally

‘A woman who was trafficked into Britain for prostitution and later locked up in an immigration centre is entitled to substantial damages from the Home Office for unlawful detention, the high court has ruled.’

Full Story

The Guardian, 18th October 2018

Source: www.theguardian.com

SRA prosecutes solicitor for second time over same case – Legal Futures

Posted October 19th, 2018 in news by sally

‘The Solicitors Regulation Authority (SRA) is taking the unusual step of prosecuting a solicitor for the second time over the same issue.’

Full Story

Legal Futures, 19th October 2018

Source: www.legalfutures.co.uk

Research launched to assess whether biased advice is distorting access to justice – Family Law

Posted October 19th, 2018 in news by sally

‘A new research project will examine whether vulnerable people representing themselves in child court cases find themselves and their children put at risk by misinformed or biased online legal advice.’

Full Story

Family Law, 18th October 2018

Source: www.familylaw.co.uk

‘Fred and Rosemary West of Barry’ jailed for abusing girls – The Guardian

Posted October 19th, 2018 in news by sally

‘A husband and wife nicknamed Fred and Rosemary West in their south Wales town have been jailed for grooming and raping teenage girls over three decades.’

Full Story

The Guardian, 18th October 2018

Source: www.theguardian.com

Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association

‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’

Full Story

UK Constitutional Law Association, 18th October 2018

Source: ukconstitutionallaw.org

‘We are at a pivotal point’: Bar Council adds voice to AGFS anger – Law Society’s Gazette

Posted October 18th, 2018 in advocacy, barristers, fees, news by sally

‘Advocates are ‘seriously questioning’ whether a career at the criminal bar is financially viable, the barristers’ representative body has said, as it warns the government that the situation is fast approaching the point of no return.’

Full Story

Law Society's Gazette, 16th October 2018

Source: www.lawgazette.co.uk