Day: 14 July 2014

BAILII: Recent Decisions

Posted July 14th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Midgley v R [2014] EWCA Crim 1421 (11 July 2014)

Court of Appeal (Civil Division)

Smithton Ltd v Naggar [2014] EWCA Civ 939 (10 July 2014)

Kardi, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 934 (10 July 2014)

Christian v South East London And Kent Bus Company [2014] EWCA Civ 944 (10 July 2014)

MM (Lebanon) & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 985 (11 July 2014)

Hamzeh & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 956 (11 July 2014)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2014] EWCA Civ 960 (11 July 2014)

Napier Park European Credit Opportunities Fund Ltd v Harbourmaster Pro-Rata CLO 2 B.V. & Ors [2014] EWCA Civ 984 (11 July 2014)

High Court (Chancery Division)

Carewatch Care Services Ltd v Focus Caring Services Ltd & Ors [2014] EWHC 2313 (Ch) (11 July 2014)

High Court (Family Division)

D (Child) [2014] EWHC 2376 (Fam) (20 June 2014)

BE v DE [2014] EWHC 2318 (Fam) (24 June 2014)

High Court (Queen’s Bench Division)

SRJ v Person(s) Unknown (Author And Commenters of Internet Blogs) [2014] EWHC 2293 (QB) (10 July 2014)

Yates v Revenue and Customs & Anor [2014] EWHC 2311 (QB) (17 July 2014)

Haynes v Kingston Hospital NHS Trust [2014] EWHC 2321 (QB) (11 July 2014)

Kucukkoylu v Ozcan [2014] EWHC 1972 (QB) (30 June 2014)

Halcyon House Ltd v Baines & Ors [2014] EWHC 2216 (QB) (11 July 2014)

High Court (Administrative Court)

Schroder Exempt Property Unit Trust & Anor v Birmingham City Council [2014] EWHC 2207 (Admin) (10 July 2014)

The Governing Body of the Warren Comprehensive School, R (On the Application Of) v Secretary of State for Education [2014] EWHC 2252 (Admin) (10 July 2014)

Tesfay, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2109 (Admin) (10 July 2014)

Sarkandi & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2014] EWHC 2359 (Admin) (11 July 2014)

Connors & Ors v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2358 (Admin) (11 July 2014)

Blakey v Solicitors Regulation Authority [2014] EWHC 2168 (Admin) (11 July 2014)

FI, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2287 (Admin) (11 July 2014)

Gladman Development Ltd v Wokingham Borough Council [2014] EWHC 2320 (Admin) (11 July 2014)

Flatley, R (on the application of) v Hywel DDA University Local Health Board & Anor (Rev 1) [2014] EWHC 2258 (Admin) (10 July 2014)

Jones, R (On the Application Of) v English Heritage [2014] EWHC 2259 (Admin) (09 July 2014)

High Court (Commercial Court)

Glenbrook Capital LP v Hamilton (t/a Hamiltons) [2014] EWHC 2297 (Comm) (11 July 2014)

High Court (Technology and Construction Court)

The Governor And Company of the Bank of Ireland v Faithful & Gould Ltd [2014] EWHC 2217 (TCC) (10 July 2014)

Source: www.bailii.org

Bar Council reveals preliminary findings of its impact of LASPO survey – The Bar Council

Posted July 14th, 2014 in barristers, budgets, civil justice, families, fees, legal aid, legal representation, litigants in person, news, statistics by sally

‘The Bar Council, which represents barristers in England and Wales, has today presented its preliminary findings from a major survey conducted to assess the impact of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) 2012.’

Full story

The Bar Council, 12th July 2014

Source: www.barcouncil.org.uk

Lady Butler-Sloss stands down from child-abuse inquiry – The Guardian

Posted July 14th, 2014 in attorney general, child abuse, conflict of interest, documents, government departments, inquiries, judges, news, sexual offences, victims by sally

‘Lady Butler-Sloss, the retired high court judge, has resigned as chair of the panel that is due to examine the extent to which public institutions failed to investigate allegations of child abuse.

Full story

The Guardian, 14th July 2014

Source: www.guardian.co.uk

Data sharing rules must be reformed – Law Commission

Posted July 14th, 2014 in data protection, disclosure, Law Commission, news, privacy by sally

‘The law that governs how public bodies share data must be modernised, simplified and clarified, according to the Law Commission. Law reform will help to create a principled and clear legal structure for protecting individual privacy and for the data sharing required by today’s public bodies and the people they serve.’

Full story

Law Commission, 11th July 2014

Source: www.lawcommission.justice.gov.uk

Changes to the immigration rules will clamp down on visa abuse – Home Office

Posted July 14th, 2014 in immigration, news, visas by sally

‘The Home Office places new restrictions on the entrepreneur visa route in response to scams from individuals and organised criminal groups.’

Full story

Home Office, 10th July 2014

Source: www.gov.uk/home-office

Finance and Divorce Update – Family Law Week

Posted July 14th, 2014 in appeals, arbitration, bills, delay, divorce, financial provision, jurisdiction, news, royal family, state immunity, time limits by sally

‘Jessica Craigs, senior solicitor at Mills & Reeve LLP, reviews the latest developments and judgments relating to marriage, divorce and financial remedies.’

Full story

Family Law Week, 11th July 2014

Source: www.familylawweek.co.uk

Recalibrating Mitchell – New Law Journal

Posted July 14th, 2014 in civil procedure rules, costs, news, sanctions by sally

‘Dominic Regan provides a guide to the post-Mitchell three-step test.’

Full story

New Law Journal, 11th July 2014

Source: www.newlawjournal.co.uk

Farmer Michael Wilmot jailed over red diesel fraud in Lincolnshire – BBC News

Posted July 14th, 2014 in conspiracy, fraud, news, sentencing, tax evasion by sally

‘A farmer described as the leader of a gang that organised and ran a “sophisticated” fuel and VAT tax fraud has been jailed.’

Full story

BBC News, 12th July 2014

Source: www.bbc.co.uk

Judge criticises police for investigating ‘outrageous’ mother and daughter spat – Daily Telegraph

Posted July 14th, 2014 in damages, estate agents, families, harassment, news, police, theft by sally

‘Nicola Low, 71, and her daughter, Caroline Baines, 40, ran an estate agent together before their relationship ended in a spectacular fall out.’

Full story

Daily Telegraph, 11th July 2014

Source: www.telegraph.co.uk

Barristers suffering post-LASPO, says survey – Litigation Futures

Posted July 14th, 2014 in barristers, fees, legal aid, news, remuneration by sally

‘More than half of barristers conducting civil litigation have seen their income fall since implementation of the Jackson reforms, Bar Council research has found.’

Full story

Litigation Futures, 14th July 2014

Source: www.litigationfutures.com

Dorothy ‘Cherry’ Groce inquest finds police failures contributed to her death – The Guardian

Posted July 14th, 2014 in grievous bodily harm, inquests, news, personal injuries, police by sally

‘Police failures contributed to the death of a mother whose shooting by an officer triggered the 1985 Brixton riots, an inquest jury has found.’

Full story

The Guardian, 10th July 2014

Source: www.guardian.co.uk

Supreme Court: BT entitled to introduce new charging regime for connecting ’08’ calls from mobile networks – OUT-LAW.com

Posted July 14th, 2014 in appeals, competition, contracts, dispute resolution, EC law, news, Supreme Court, telecommunications, tribunals by sally

‘A new charging scheme proposed by BT, the telecommunications firm, for connecting calls from mobile networks to its ‘0800’, ‘0845’ and ‘0870’ non-geographic fixed line phone numbers should not have been rejected by regulator Ofcom, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 11th July 2014

Source: www.out-law.com

Mitchell: conjoined appeals – Law Society’s Gazette

Posted July 14th, 2014 in appeals, case management, civil procedure rules, costs, news, practice directions, proportionality, time limits by sally

‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’

Full story

Law Society’s Gazette, 14th July 2014

Source: www.lawgazette.co.uk

Child abuse victims to sue Government – The Independent

Posted July 14th, 2014 in child abuse, compensation, government departments, human rights, news, police, sexual offences, victims by sally

‘An alleged victim of historical child abuse has instructed lawyers over his intention to take legal action, claiming the Government is in breach of its obligations to victims of abuse. The victim, who has asked not to be named for legal reasons, believes the government has not lived up to Article 8 of the European Convention on Human Rights, which guarantees respect for home life. Had it done so, it is claimed, many more victims would have come forward to assist the police. The victim is an alleged survivor of child abuse at Grafton Close, a care home run by Richmond Borough Council in south-west London.’

Full story

The Independent, 13th July 2014

Source: www.independent.co.uk

Ross Conlin sentenced to life for murdering baby daughter – BBC News

Posted July 14th, 2014 in causing death of children or vulnerable adults, murder, news, sentencing by sally

‘A man has been sentenced to life for murdering his four-month-old daughter.’

Full story

BBC News, 11th July 2014

Source: www.bbc.co.uk

Revenge porn – are we in need of stronger laws? – Halsbury’s Law Exchange

Posted July 14th, 2014 in civil justice, harassment, internet, malicious communications, news, pornography, prosecutions, sexual offences by sally

‘Calls have been prompted largely by the rise of revenge porn itself, which in turn is attributable to the omnipresence of smartphones that allow photographs to be taken and uploaded to the internet within seconds. No specialist knowledge is required and many “apps” allow pictures to be uploaded at the click of a button. Once an image is on the internet in digital form it can be reproduced time and time again. The call for a specific criminal sanction follows considerable lobbying by campaigners and the issue receiving national attention following the revelation that the prime minister’s nanny was the victim of revenge porn. At present there is no specific criminal offence that adequately addresses the problem. Legal action and publicity in the US have also put pressure on the government to act.’

Full story

Halsbury’s Law Exchange, 14th July 2014

Source: www.halsburyslawexchange.co.uk

Parole system preparing for overload as Supreme Court ruling gives prisoners right to ‘hopeless’ hearings – The Independent

Posted July 14th, 2014 in budgets, news, oral hearings, parole, statistics, Supreme Court by sally

‘The parole system is preparing for overload after a ruling gave prisoners the right to have hearings even when there is no hope of release.’

Full story

The Independent, 12th July 2014

Source: www.independent.co.uk

Swansea Black Friday rapist Jagdip Brar jailed for 18 years – BBC News

Posted July 14th, 2014 in news, rape, sentencing by sally

‘A Swansea law student who beat and repeatedly raped a woman left stranded in the city centre on Black Friday has been jailed for 18 years.’

Full story

BBC News, 11th July 2014

Source: www.bbc.co.uk

Sex offender avoids deportation by claiming ‘right to family life’ with kids he’ll never see – Daily Telegraph

Posted July 14th, 2014 in deportation, families, human rights, news, sexual offences by sally

‘A foreign sex offender has been allowed to remain in Britain because of his “right to family life” with his two young children, even though they are about to be adopted.’

Full story

Daily Telegraph, 13th July 2014

Source: www.telegraph.co.uk

A life and death question: hopes and fears rise as right to die decision nears – The Guardian

Posted July 14th, 2014 in assisted suicide, bills, criminal justice, doctors, news, parliament by sally

‘The House of Lords is to debate Lord Falconer’s bill aimed at clarifying the law on the right to end one’s life.’

Full story

The Guardian, 12th July 2014

Source: www.guardian.co.uk