BAILII: Recent Decisions

Posted December 15th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Wright, R (on the application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd [2017] EWCA Civ 2102 (14 December 2017)

Miah, R (On the Application Of) v Tthe Independent Police Complaints Commission & Anor [2017] EWCA Civ 2108 (14 December 2017)

Teva Pharma – Produtos Farmaceuticos Lda & Anor v Astrazeneca-Produtos Farmaceuticos Lad & Anr [2017] EWCA Civ 2135 (14 December 2017)

Kason Kek-Gardner Ltd v Process Components Ltd [2017] EWCA Civ 2132 (14 December 2017)

Zuma’s Choice Pet Products Ltd & Anor v Azumi Ltd & Ors [2017] EWCA Civ 2133 (14 December 2017)

Patel v The Secretary of State for the Home Department [2017] EWCA Civ 2028 (13 December 2017)

Wood v Days Healthcare UK Ltd & Ors [2017] EWCA Civ 2097 (13 December 2017)

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd [2017] EWCA Civ 2107 (13 December 2017)

Pun & Anor (Nepal) v The Secretary of State for the Home Department [2017] EWCA Civ 2106 (13 December 2017)

ING Intermediate Holdings Ltd v HM Revenue and Customs [2017] EWCA Civ 2111 (13 December 2017)

Rowe & Ors, R (On the Application Of) v Revenue And Customs [2017] EWCA Civ 2105 (12 December 2017)

Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 (12 December 2017)

Ong & Ors v Ping [2017] EWCA Civ 2069 (12 December 2017)

Stewart v Lewisham And Greenwich NHS Trust [2017] EWCA Civ 2091 (12 December 2017)

Barker v Baxendale Walker Solicitors (a firm) & Ors [2017] EWCA Civ 2056 (08 December 2017)

Court of Appeal (Criminal Division)

G, R (On the Application Of) v S And S [2017] EWCA Crim 2119 (14 December 2017)

High Court (Administrative Court)

Sawicki v Regional Court In Bielsko-Biala (Poland) [2017] EWHC 3285 (Admin) (14 December 2017)

Gureckis, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin) (14 December 2017)

Cruelty Free International v Secretary of State for the Home Department [2017] EWHC 3295 (Admin) (13 December 2017)

Mohammed v Comarca De Lisboa Oeste, Instancia Central De Sintra, 1a Seccão Criminal, Portugal [2017] EWHC 3237 (Admin) (12 December 2017)

Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 3204 (Admin) (12 December 2017)

Hannah Beety & Ors, R (On the Application Of) v Nursing And Midwifery Council [2017] EWHC 3232 (Admin) (12 December 2017)

Superior Import / Export Ltd & Ors, R (On the Application Of) v Revenue And Customs & Anor [2017] EWHC 3172 (Admin) (11 December 2017)

Gaskin, R (on the application of) v Richmond Upon Thames London Borough Council & Anor [2017] EWHC 3234 (Admin) (11 December 2017)

General Medical Council (GMC) v Raychaudhuri [2017] EWHC 3216 (Admin) (11 December 2017)

High Court (Chancery Division)

Abanka DD v Abanca Corporacion Bancaria SA [2017] EWHC 3242 (Ch) (14 December 2017)

Nortel Networks UK Limited & Ors, Re [2017] EWHC 3299 (Ch) (14 December 2017)

Ball (PV Solar Solutions Ltd) v Hughes & Anor [2017] EWHC 3228 (Ch) (13 December 2017)

Gilpin & Ors v Legg [2017] EWHC 3220 (Ch) (13 December 2017)

Couper v Irwin Mitchell LLP & Ors [2017] EWHC 3231 (Ch) (13 December 2017)

M2 Property Invest Ltd, Re [2017] EWHC 3218 (Ch) (08 December 2017)

Patel v Patel & Ors [2017] EWHC 3229 (Ch) (07 December 2017)

High Court (Commercial Court)

Zccm Investments Holdings Plc v Konkola Copper Mines Plc [2017] EWHC 3288 (Comm) (14 December 2017)

Deutsche Bank AG v Sebastian Holdings Inc [2017] EWHC 3265 (Comm) (13 December 2017)

Super-Max Offshore Holdings v Malhotra & Anor [2017] EWHC 3246 (Comm) (13 December 2017)

High Court (Family Division)

B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam) (12 December 2017)

High Court (Patents Court)

Oxford Nanopore Technologies Ltd & Anor v Pacific Biosciences of California, Inc & Anor [2017] EWHC 3190 (Pat) (14 December 2017)

High Court (Queen’s Bench Division)

Lynch, Re review of the tariff [2017] EWHC 3180 (QB) (14 December 2017)

Alseran & Ors v Ministry of Defence [2017] EWHC 3289 (QB) (14 December 2017)

The Flying Music Company Ltd v Theater Entertainment SA & Ors [2017] EWHC 3192 (QB) (08 December 2017)

High Court (Technology and Construction Court)

Systems Pipework Ltd v Rotary Building Services Ltd [2017] EWHC 3235 (TCC) (12 December 2017)

Source: www.bailii.org

Burial law should be reformed to stop family rows, says Law Commission – Daily Telegraph

Posted December 15th, 2017 in burials and cremation, families, news, wills by tracey

‘The law must be changed to stop families ignoring the burial wishes of the dead, the Law Commission has said. Currently someone’s wishes have no legal standing even if expressed in a will and family members can overrule them after death if they decide to do something different.’

Full Story

Daily Telegraph, 14th Decemeber2017

Source: www.telegraph.co.uk

Iraqis win damages for ‘ill-treatment’ by British soldiers – BBC News

Posted December 15th, 2017 in armed forces, assault, damages, detention, Iraq, news by tracey

‘Four Iraqi citizens have won damages from the Ministry of Defence for ill-treatment and unlawful detention during the Iraq War.’

Full Story

BBC News, 14th December 2017

Source: www.bbc.co.uk

MoJ rejects calls for ban on revealing sexual history in rape cases – The Guardian

Posted December 15th, 2017 in cross-examination, disclosure, evidence, news, rape by tracey

‘The Ministry of Justice has rejected calls for a ban on rape complainants’ sexual history being revealed in court, saying cross-examination should continue to be allowed in exceptional circumstances.’

Full Story

The Guardian, 14th December 2017

Source: www.theguardian.com

Church apology over Bishop George Bell abuse inquiry – BBC News

Posted December 15th, 2017 in child abuse, Church of England, clergy, news, reports, sexual offences by tracey

‘The Church of England has apologised to the relatives of a bishop for the way it investigated child abuse claims made against him decades after his death.’

Full Story

BBC News, 15th December 2017

Source: www.bbc.co.uk

Scotland Yard carrying out ‘urgent assessment’ after rape trial collapses – The Guardian

Posted December 15th, 2017 in Crown Prosecution Service, delay, disclosure, evidence, news, police, rape by tracey

‘Scotland Yard is carrying out an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of evidence that undermined the case.’

Full Story

The Guardian, 15th December 2017

Source: www.theguardian.com

Deporting EU rough sleepers from UK unlawful, High Court rules – BBC News

Posted December 15th, 2017 in deportation, EC law, freedom of movement, homelessness, news by tracey

‘A Home Office policy of removing EU citizens found sleeping rough on UK streets is unlawful and must stop, the High Court has ruled.’

Full Story

BBC News, 14th December 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 15th, 2017 in legislation by Verity

The Selection of the President of Welsh Tribunals Regulations 2017

The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2017

The Whole of Government Accounts (Designation of Bodies) Order 2017

The Scotland Act 1998 (Designation of Receipts) (Amendment) Order 2017

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2017

The Road Vehicles (Construction and Use) (Amendment etc.) (No. 2) Regulations 2017

The Road Vehicles (Payment of Duty by Credit Card) (Prescribed Fee) Regulations 2017

The Merchant Shipping (Working Time: Inland Waterways) (Amendment) Regulations 2017

The Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) (Amendment No. 2) Regulations 2017

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2017

Source: www.legislation.gov.uk

Plus ca change? A review of family law in 2017 & a look forward to 2018 – Family Law

Posted December 14th, 2017 in children, cohabitation, divorce, financial provision, news by sally

‘Reform is a now a feature of the family justice system – Geraldine Morris asks whether the underlying issues are being addressed?’

Full Story

Family Law, 14th December 2017

Source: www.familylaw.co.uk

Regional costs judge applies fixed costs to RTA claim that settled for £350k – Litigation Futures

Posted December 14th, 2017 in accidents, civil procedure rules, costs, news, road traffic by sally

‘A road traffic claim that settled pre-issue for £350,000 was subject to fixed recoverable costs (FRC) because it began in the portal, even though it was later removed because of its value, a regional costs judge has ruled.’

Full Story

Litigation Futures, 14th December 2017

Source: www.litigationfutures.com

Eight jailed over plot to smuggle drugs and phones into UK prisons – The Guardian

Posted December 14th, 2017 in aircraft, conspiracy, drug trafficking, news, prisons, telecommunications by sally

‘Eight people have been jailed for taking part in a plot to smuggle cannabis and mobile phones into prisons in England and Scotland using drones.’

Full Story

The Guardian, 13th December 2017

Source: www.theguardian.com

Supreme court vacancies lead to hopes for greater diversity – The Guardian

Posted December 14th, 2017 in diversity, judiciary, news, Supreme Court by sally

‘The supreme court has advertised for several more justices in a recruitment process that could boost diversity on the UK’s highest court.’

Full Story

The Guardian, 14th December 2017

Source: www.theguardian.com

Upper Tribunal judge refuses to set aside flawed SEN school ruling – Local Government Lawyer

Posted December 14th, 2017 in costs, education, local government, news, setting aside, special educational needs by sally

‘The First Tier Tribunal made a legal error in a case concerning which school a child with special needs should attend, but not one so serious that it required its decision to be set aside, an Upper Tribunal judge has ruled.’

Full Story

Local Government Lawyer, 13th December 2017

Source: www.localgovernmentlawyer.co.uk

SRA ponders penalties for failure to publish complaints data – Law Society’s Gazette

‘The Solicitors Regulation Authority has indicated that firms are to face disciplinary action if they do not abide by a potential requirement to publish data about complaints they receive – as research reveals that more than 90% of consumers want to see more transparency.’

Full Story

Law Society's Gazette, 14th December 2017

Source: www.lawgazette.co.uk

Divorce: valuation of business assets and tracing hidden assets – the key facts – Family Law

Posted December 14th, 2017 in accountants, divorce, financial provision, news, valuation by sally

‘A forensic accountant has a number of functions. If they are the single joint expert (SJE) in the context of divorce proceedings, their job is usually going to be to value one or more of the parties’ business assets.’

Full Story

Family Law, 13th December 2017

Source: www.familylaw.co.uk

Birmingham couple who plotted terrorist knife attack are jailed – The Guardian

Posted December 14th, 2017 in news, offensive weapons, sentencing, terrorism by sally

‘A married couple from Birmingham who practised carrying out Islamic State-inspired knife attacks on a dummy in their home have been jailed for preparing acts of terrorism.’

Full Story

The Guardian, 13th December 2017

Source: www.theguardian.com

Lesbian couple win legal battle after being denied IVF treatment that would have been given to same-sex parents – Daily Telegraph

‘A lesbian couple who wanted a baby were discriminated against over their sexuality after being denied access to funded IVF treatment which would have been given to same-sex partners.’

Full Story

Daily Telegraph, 13th December 2017

Source: www.telegraph.co.uk

Ukip to face tribunal over use of data in EU referendum campaign – The Guardian

Posted December 14th, 2017 in elections, news, political parties, referendums, tribunals by sally

‘Ukip is to face a tribunal over its use of analytics during the EU referendum after refusing to cooperate with an investigation by the Information Commissioner’s Office.’

Full Story

The Guardian, 13th December 2017

Source: www.theguardian.com

Bolton couple sentenced for burying baby in shoebox – BBC News

Posted December 14th, 2017 in murder, news, preventing lawful & decent burial, sentencing by sally

‘A couple who buried their newborn baby in a shallow grave days after he was born have been sentenced to 15 months.’

Full Story

BBC News, 13th December 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 14th, 2017 in legislation by Verity

The Companies Act 1989 (Financial Markets and Insolvency) (Amendment) Regulations 2017

The Penalties for Enablers of Defeated Tax Avoidance (Legally Privileged Communications Declarations) Regulations 2017

The Risk Transformation (Tax) Regulations 2017

The Financial Services and Markets Act 2000 (Markets in Financial Instruments) (No.2) Regulations 2017

The Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017

The Neighbourhood Planning (General) and Development Management Procedure (Amendment) Regulations 2017

The Tuberculosis (Non-bovine animals) Slaughter and Compensation (England) Order 2017

The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017

The Policing and Crime Act 2017 (Commencement No. 6 and Transitional Provisions) Regulations 2017

The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2017

Source: www.legislation.gov.uk