BAILII: Recent Decisions

Posted April 23rd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Graysons Restaurants Ltd v Jones & Ors [2019] EWCA Civ 725 (17 April 2019)

Goldscheider v Royal Opera House Covent Garden Foundation [2019] EWCA Civ 711 (17 April 2019)

G-L-T (Children) [2019] EWCA Civ 717 (17 April 2019)

High Court (Chancery Division)

Windsor-Clive & Ors v Rees & Anor [2019] EWHC 1008 (Ch) (18 April 2019)

High Court (Queen’s Bench Division)

Donovan & Anor v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB) (18 April 2019)

High Court (Technology and Construction Court)

Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2019] EWHC 989 (TCC) (17 April 2019)

PBS Energo AS v Bester Generacion UK Limited [2019] EWHC 996 (TCC) (17 April 2019)

Source: www.bailii..org

Boy must leave mother with ‘hateful feelings’ for father, judge rules – The Guardian

Posted April 23rd, 2019 in children, custody, news by sally

‘An eight-year-old boy has moved home after a judge was told he was being influenced by his mother’s “hateful feelings” towards his father.’

Full Story

The Guardian, 22nd April 2019

Source: www.theguardian.com

But, it’s a long, long while … – Nearly Legal

Posted April 23rd, 2019 in equality, judicial review, local government, news, travellers by sally

‘The Court of Appeal reviewed Hillingdon’s Equality Impact Assessments, both when introducing the policy in 2013, and when amending it in 2016 (this latter being after Mr Gullu had begun his judicial review). On neither occasion was there any consideration of Travellers or refugees (or indeed Non UK nationals).’

Full Story

Nearly Legal, 22nd April 2019

Source: nearlylegal.co.uk

Test to escape fixed costs in ex-portal cases is “high bar” – Litigation Futures

Posted April 23rd, 2019 in accidents, costs, news, personal injuries, road traffic by sally

‘The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.’

Full Story

Litigation Futures, 23rd April 2019

Source: www.litigationfutures.com

Trade Marks: APT Training and Consultancy Ltd. and another v Birmingham & Solihull Mental Health NHS Trust – NIPC Law

Posted April 23rd, 2019 in education, mental health, news, trade marks by sally

‘This was a very interesting case for two reasons. First, the claim was for the infringement of the claimant’s British and European Union trade marks for educational services, training, seminars and the like relating to psychology by providing mental health care in its hospitals and training in its use under an acronym that was the same as those registered marks. Secondly, the trial of the action took place outside London the first time in the history of the Intellectual Property Enterprise Court (“IPEC”).’

Full Story

NIPC Law, 21st April 2019

Source: nipclaw.blogspot.com

Charities condemn Tory cuts to criminal injuries compensation scheme – The Guardian

Posted April 23rd, 2019 in charities, criminal injuries compensation, news, victims by sally

‘A fall of nearly 60% in the number of victims receiving payments from the criminal injuries compensation scheme, and an almost halving of the amount paid out since the Conservative government came to power, have been condemned by an alliance of charities.’

Full Story

The Guardian, 23rd April 2019

Source: www.theguardian.com

Paralegal jailed for swindling money from clients’ estates – Legal Futures

Posted April 23rd, 2019 in fraud, guilty pleas, news, paralegals, probate, sentencing by sally

‘A paralegal who stole £70,000 from people’s estates to splash out on designer clothes and handbags has been jailed for more than three years.’

Full Story

Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

NHS non-disclosure agreements to end, vows Matt Hancock – The Guardian

Posted April 23rd, 2019 in disclosure, health, news, whistleblowers by sally

‘The health secretary has vowed to end the use of non-disclosure agreements that prevent would-be NHS whistleblowers speaking out.’

Full Story

The Guardian, 22nd April 2019

Source: www.theguardian.com

Easter Break

Posted April 18th, 2019 in holidays, news by sally

There will be no posts over the Easter weekend (Friday 19th April – Monday 22nd April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 23rd April.

BAILII: Recent Decisions

Posted April 18th, 2019 in law reports by tracey

High Court (Administrative Court)

NN, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1003 (Admin) (17 April 2019)

Britwell Parish Council, R (on the application of) v Slough Borough Council [2019] EWHC 998 (Admin) (17 April 2019)

Vip Communications Ltd, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 994 (Admin) (17 April 2019)

We Love Hackney Ltd, R (On the Application Of) v London Borough of Hackney [2019] EWHC 1007 (Admin) (17 April 2019)

Lorrell v Solicitors Regulation Authority [2019] EWHC 981 (Admin) (16 April 2019)

High Court (Chancery Division)

Davey v Money & Anor [2019] EWHC 997 (Ch) (17 April 2019)

Green v Group Ltd & Ors [2019] EWHC 954 (Ch) (17 April 2019)

High Court (Family Division)

Vasilyeva v Shemyakin [2019] EWHC 932 (Fam) (16 April 2019)

High Court (Patents Court)

E Mishan & Sons, Inc (t/a Emson) v Hozelock Ltd & Ors [2019] EWHC 991 (Pat) (17 April 2019)

Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd & Ors [2019] EWHC 1009 (Pat) (15 April 2019)

High Court (Queen’s Bench Division)

ZXC v Bloomberg LP [2019] EWHC 970 (QB) (17 April 2019)

EF v Darkwa & Anor [2019] EWHC 1005 (QB) (17 April 2019)

Ferri v Gill [2019] EWHC 952 (QB) (17 April 2019)

Rahman v Rahman [2019] EWHC 1011 (QB) (17 April 2019)

State Bank of India & Ors v Mallya & Ors [2019] EWHC 995 (QB) (17 April 2019)

Mohamed v London Borough of Barnet [2019] EWHC 1012 (QB) (17 April 2019)

Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 980 (QB) (16 April 2019)

Source: www.bailii.org

High court suspends Home Office policy limiting support for slavery victims – The Guardian

Posted April 18th, 2019 in benefits, forced labour, government departments, housing, limitations, news, statutory duty, time limits, trafficking in human beings, victims by sally

‘A high court judge has suspended a Home Office policy that cuts off after six weeks all statutory support to slavery victims in the UK, ruling that it risks causing “irreparable harm to very vulnerable individuals”.’

Full Story

The Guardian, 17th April 2019

Source: www.theguardian.com

The Priory fined £300k over death of 14-year-old girl – BBC News

Posted April 18th, 2019 in causing death of children or vulnerable adults, children, duty of care, fines, health & safety, hospitals, inquests, mental health, news, sentencing, standards, suicide by sally

‘The Priory healthcare group has been fined £300,000 over the death of a child at one of its hospitals.’

Full Story

BBC News, 17th April 2019

Source: www.bbc.co.uk

When rape cases don’t make it to trial – The Guardian

Posted April 18th, 2019 in Crown Prosecution Service, news, prosecutions, rape, sentencing, trials by sally

‘Recorded rapes have increased by 15%, but recent figures show only one-third of cases referred to the CPS led to charges being brought. ‘Rebecca’ discusses her experience, while the Guardian’s Alexandra Topping looks at why prosecution rates have dropped.’

Full Story

The Guardian, 18th April 2019

Source: www.theguardian.com

Barristers told: Don’t be so negative with colleagues – Legal Futures

Posted April 18th, 2019 in barristers, mental health, news, professional conduct, standards by sally

‘Barristers have been urged to be less negative in their dealings with colleagues as they may be damaging the profession’s wellbeing – particular of junior counsel.’

Full Story

Legal Futures, 18th April 2019

Source: www.legalfutures.co.uk

David Oluwale’s death in 1969 helped ‘reshape Leeds’ – BBC News

Posted April 18th, 2019 in grievous bodily harm, homicide, inquiries, news, perjury, police, racism by sally

‘A British Nigerian man who was “hounded to his death” by police in Leeds is being remembered in a series of events to mark 50 years since he died.’

Full Story

BBC News, 18th April 2019

Source: www.bbc.co.uk

Three convicted of trafficking in landmark ‘county lines’ case – The Guardian

Posted April 18th, 2019 in conspiracy, drug offences, drug trafficking, news, trafficking in human beings by sally

‘Three gang members have been convicted of human trafficking offences after they used young and vulnerable children from London to transport and sell drugs in Hampshire in a landmark county lines case.’

Full Story

The Guardian, 17th April 2019

Source: www.theguardian.com

New acts – legislation.gov.uk

Posted April 18th, 2019 in animal cruelty, animals, brexit, EC law, legislation by tracey

European Union (Withdrawal) Act 2019

Animal Welfare (Service Animals) Act 2019

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 18th, 2019 in legislation by tracey

The Electricity Capacity (No. 1) Regulations 2019

The Tenant Fees Act 2019 (Commencement No. 3) Regulations 2019

The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) (Amendment) Order 2019

The Children’s Homes etc. Inspection Fees, Childcare Fees, Adoption and Children Act Register (Amendment) Regulations 2019

The Parochial Fees and Scheduled Matters Amending Order 2019

The Small Business, Enterprise and Employment Act 2015 (Commencement No. 7, Consequential, Transitional and Savings Provisions) Regulations 2019

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 17th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

H-L (Children: Summary Dismissal of Care Proceedings) [2019] EWCA Civ 704 (17 April 2019)

Equitas Insurance Ltd v Municipal Mutual Insurance Ltd [2019] EWCA Civ 718 (17 April 2019)

H (Abduction: Retention In Non-Contracting State), Re [2019] EWCA Civ 672 (16 April 2019)

Balajigari v The Secretary of State for the Home Department [2019] EWCA Civ 673 (16 April 2019)

Boskovic, R (On the Application Of) v Chief Constable of Staffordshire Police [2019] EWCA Civ 676 (16 April 2019)

Merricks v Mastercard Incorporated & Anor [2019] EWCA Civ 674 (16 April 2019)

RP (Appeal costs) [2019] EWCA Civ 680 (16 April 2019)

SC & Ors, R (on the application of) v The Secretary of State for Work And Pensions & Ors [2019] EWCA Civ 615 (16 April 2019)

Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677 (16 April 2019)

High Court (Administrative Court)

Szalai v The Tribunal of Veszpre, Hungary [2019] EWHC 934 (Admin) (16 April 2019)

Abbas v The Nursing and Midwifery Council [2019] EWHC 971 (Admin) (16 April 2019)

Walleed, R (On the Application Of) v Secretary of State for Justice [2019] EWHC 984 (Admin) (16 April 2019)

High Court (Commercial Court)

Pan Ocean Co. Ltd v China-Base Group Co. Ltd & Anor [2019] EWHC 982 (Comm) (16 April 2019)

High Court (Queen’s Bench Division)

Feyziyev v The Journalism Development Network Association & Anor [2019] EWHC 957 (QB) (16 April 2019)

Alexander-Theodotou & Ors v Kounis [2019] EWHC 956 (QB) (16 April 2019)

Source: www.bailii.org

Lady Hale at the Legal Action Group, London – Supreme Court

Posted April 17th, 2019 in families, family courts, legal aid, legal representation, pro bono work, speeches by tracey

‘Legal Aid at 70.’

Full speech

Supreme Court, 5th April 2019

Source: www.supremecourt.uk