BAILII: Recent Decisions

Posted May 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Clayton & Anor v R [2014] EWCA Crim 1030 (23 May 2014)

Court of Appeal (Civil Division)

Birmingham Hippodrome Theatre Trust Ltd v Revenue And Customs [2014] EWCA Civ 684 (22 May 2014)

Hone & Ors v Abbey Forwarding Ltd & Anor [2014] EWCA Civ 711 (23 May 2014)

Collins v Secretary of State for Business Innovation and Skills & Ors [2014] EWCA Civ 717 (23 May 2014)

Dar Al Arkan Real Estate Development Co & Anor v Al Refai & Ors [2014] EWCA Civ 715 (23 May 2014)

C (N, W & H), Re [2014] EWCA Civ 705 (23 May 2014)

Francis, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 718 (23 May 2014)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWCA Civ 708 (23 May 2014)

Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716 (23 May 2014)

High Court (Chancery Division)

Contrarian Funds Llc v Lomas & Ors [2014] EWHC 1687 (Ch) (23 May 2014)

High Court (Queen’s Bench Division)

Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice & Ors [2014] EWHC 1662 (QB) (23 May 2014)

Odone v Hawarden Services Ltd & Ors [2014] EWHC 1694 (QB) (23 May 2014)

High Court (Administrative Court)

Jones, R (on the application of) v Judicial Appointments Commission [2014] EWHC 1680 (Admin) (23 May 2014)


Revenue And Customs, R (On the Application Of) v HM Coroner for the City of Liverpool [2014] EWHC 1586 (Admin) (21 May 2014)

Family Court Decisions (other Judges)

X (A Child) (care and placement orders) [2014] EWFC B59 (09 May 2014)

J and S (Children), Re [2014] EWFC 4 (23 May 2014)

High Court (Technology and Construction Court)

Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1615 (TCC) (23 May 2014)

High Court (Commercial Court)

BM Amro Commercial Finance Plc v McGinn & Ors [2014] EWHC 1674 (Comm) (23 May 2014)

High Court (Patents Court)

Shanks v Unilever Plc & Ors [2014] EWHC 1647 (Pat) (23 May 2014)

Source: www.bailii.org

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) – Supreme Court

Posted May 28th, 2014 in asylum, evidence, expert witnesses, law reports by sally

Secretary of State for the Home Department (Appellant) v MN and KY (Respondent) [2014] UKSC 30 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) – Supreme Court

Clyde & Co LLP and another (Respondents) v Bates van Winklehof (Appellant) [2014] UKSC 32 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents) – Supreme Court

Posted May 28th, 2014 in commons, land registration, law reports, local government by sally

R (on the application of Barkas) (Appellant) v North Yorkshire County Council and another (Respondents)[2014] UKSC 31 (YouTube)

Supreme Court, 21st May 2014

Source: www.youtube.com/user/UKSupremeCourt

Distinctive behaviour – New Law Journal

Posted May 28th, 2014 in disclosure, divorce, fraud, news by sally

‘Kirstie Gibson considers allegations of non-disclosure, misconduct & adverse inferences.’

Full story

New Law Journal, 23rd May 2014

Source: www.newlawjournal.co.uk

Planning Court judge rules claim brought by store developer “totally without merit” – Local Government Lawyer

Posted May 28th, 2014 in judicial review, local government, news, planning by sally

‘A High Court judge in the new Planning Court has rejected an application for a judicial review made by a development partner of Tesco, certifying that the claim was “totally without merit”.’

Full story

Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

Re B-S and the Perils of the ‘Balance Sheet’ Approach – Family Law Week

‘Michael Jones, barrister, 15 Winckley Square Chambers, considers the response of local authorities to the requirements imposed by Re B-S and later cases.’

Full story

Family Law Week, 23rd May 2014

Source: www.familylawweek.co.uk

New sentencing guidelines bring increased focus to the impact of fraud on victims – Sentencing Council

Posted May 28th, 2014 in bribery, fraud, money laundering, news, sentencing by sally

‘The Sentencing Council has published a new guideline for how people convicted of fraud, money laundering and bribery should be sentenced.’

Full story

Sentencing Council, 23rd May 2014

Source: www.sentencingcouncil.judiciary.gov.uk

Hate crime: should the current offences be extended? – Law Commission

In a report published today the Law Commission recommends reforms to ensure that the criminal justice system is able to make a stronger and more coherent response to hate crime.

Full story

Law Commission, 28th May 2014

Source: www.lawcommission.justice.gov.uk

Richard III: fairness and public interest litigation – UK Human Rights Blog

‘Some 527 years after his death, Richard III’s skeleton was found beneath a car park in Leicester. The Plantagenet Alliance, a campaigning organisation representing a group of collateral descendants, sought judicial review of the decision taken by the Secretary of State to exhume and re-inter the monarch in Leicester Cathedral without consulting them and a wide audience.’

Full story

UK Human Rights Blog, 28th May 2014

Source: www.ukhumanrightsblog.com

How people resolve ‘legal’ problems – Legal Services Board

Posted May 28th, 2014 in legal services, Legal Services Board, news, statistics by sally

‘The Legal Services Board commissioned Professor Pascoe Pleasence and Dr Nigel Balmer to produce a statistical analysis of existing legal needs survey data to understand how consumers demographics, attitudes, capabilities and beliefs impact on their response to legal problems. How people resolve legal problems presents the findings of this analysis.’

Full story

Legal Services Board, 22nd May 2014

Source: www.legalservicesboard.org.uk

Reforming the regulation of taxis and private hire vehicles – Law Commission

Posted May 28th, 2014 in Law Commission, licensing, news, taxis by sally

‘Taxis and private hire services, which include minicabs, are an essential link in the transport network of England and Wales, with passengers spending in excess of £2.5 billion a year on fares.’

Full story

Law Commission, 23rd May 2014

Source: www.lawcommission.justice.gov.uk

Nuptial Agreements: Limiting the Family Lawyer’s Exposure to Negligence Claims – Family Law Week

Posted May 28th, 2014 in barristers, drafting, negligence, news, prenuptial agreements, solicitors by sally

‘The authors consider whether family lawyers are assuming unlimited liability when advising upon or drafting nuptial agreements and look at the practicalities of limiting that liability.’

Full story

Family Law Week, 21st May 2014

Source: www.familylawweek.co.uk

Compulsory lie detector tests for serious sex offenders – Ministry of Justice

Posted May 28th, 2014 in lie detectors, news, sexual offences by sally

‘The UK’s first school for training highly-skilled probation officers to become lie detector examiners is underway.’

Full story

Ministry of Justice, 27th May 2014

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

Claire Semmens jailed over Aaron Hughes toddler rape – BBC News

Posted May 28th, 2014 in child abuse, news, rape, sentencing by sally

‘A babysitter has been jailed for 16 years for giving a three-year-old boy to a known paedophile who drugged and raped him.’

Full story

BBC News, 27th May 2014

Source: www.bbc.co.uk

Landowner wins appeal over time limits for village green application – Local Government Lawyer

‘A landowner has defeated an attempt to register as a village green land it owns that was previously the site of a military camp, after the applicant only fulfilled the registration requirements months after the relevant time limit.’

Full story

Local Government Lawyer, 27th May 2014

Source: www.localgovernmentlawyer.co.uk

‘We are recreating Bedlam’: the crisis in prison mental health services – The Guardian

Posted May 28th, 2014 in mental health, news, prisons by sally

‘Mental health services in prison are under critical strain – in some institutions, as many as half of all inmates may need psychiatric help, but are often unable to get it. Such failures can have tragic results.’

Full story

The Guardian, 24th May 2014

Source: www.guardian.co.uk

Mohammed Badiuzzaman jailed for strangling pregnant wife – BBC News

Posted May 28th, 2014 in complaints, married persons, murder, news, police, sentencing by sally

‘A man has been sentenced to life in prison for strangling his pregnant wife at her home in east London.’

Full story

BBC News, 27th May 2014

Source: www.bbc.co.uk