BAILII: Recent Decisions

Posted October 21st, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Foran v R [2014] EWCA Crim 2047 (17 October 2014)

Clark & Anor v R [2014] EWCA Crim 1973 (17 October 2014)

Court of Appeal (Civil Division)

Cotton & Anor v Brudenell-Bruce & Ors [2014] EWCA Civ 1312 (17 October 2014)

High Court (Queen’s Bench Division)

Davies v London Borough of Haringey [2014] EWHC 3393 (QB) (17 October 2014)

County Motor Works (Chelmsford) Ltd v PBFW Ltd [2014] EWHC 3392 (QB) (17 October 2014)

Worldspreads Ltd v Foley [2014] EWHC 3382 (QB) (17 October 2014)

Boylin v The Christie NHS Foundation [2014] EWHC 3363 (QB) (17 October 2014)

High Court (Chancery Division)

Redstone Mortgages Ltd v B Legal Ltd [2014] EWHC 3398 (Ch) (17 October 2014)

High Court (Administrative Court)

Lochailort Investments Ltd v Secretary of State [2014] EWHC 3358 (Admin) (16 October 2014)

Bluefin Insurance Services Ltd, R (On the Application Of) v Financial Ombudsman Service Ltd [2014] EWHC 3413 (Admin) (20 October 2014)

NCN, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 3378 (Admin) (17 October 2014)

High Court (Family Division)

DM, Re [2014] EWHC 3119 (Fam) (29 September 2014)

Olaribiro v Shoyemi [2014] EWHC 3365 (Fam) (09 October 2014)

Newman (Number 2) [2014] EWHC 3399 (Fam) (17 October 2014)

Kirklees Council v Re [2014] EWHC 3182 (Fam) (03 October 2014)

High Court (Commercial Court)

Sugar Hut Group & Ors v A J Insurance [2014] EWHC 3352 (Comm) (20 October 2014)

Jalal Bezee Mejel Al-Gaood & Partner & Anor v Innospec Ltd & Ors [2014] EWHC 3147 (Comm) (08 October 2014)

Assuranceforeningen Gard Gjensidig v The International Oil Pollution Compensation Fund [2014] EWHC 3369 (Comm) (17 October 2014)

High Court (Technology and Construction Court)

Horne v Magna Design Building Ltd [2014] EWHC 3380 (TCC) (17 October 2014)

Source: www.bailii.org

Cognitive Deficit, Capacity And Quantum: A fresh look at how to approach cognitive deficit in PI claims – Zenith PI Blog

Posted October 21st, 2014 in appeals, citizenship, fraud, learning difficulties, news, personal injuries by sally

‘The Court of Appeal found a significant cognitive deficit, and consequent lack of capacity, notwithstanding recent evidence of minimal cognitive dysfunction, resulting in damages of equivalent to £2.3 million on a full liability basis.’

Full story

Zenith PI Blog, 21st October 2014

Source: www.zenithpi.wordpress.com

The End of the Licensed Football Agent? – Sports Law Bulletin from Blackstone Chambers

Posted October 21st, 2014 in agency, licensing, news, regulations, sport by sally

‘Earlier this year Football’s World governing body, FIFA, published its Regulations on Working with Intermediaries. The FIFA Regulations signal a dramatic de-regulation of one of the most controversial and lucrative business activities in football: agency.’

Full story

Sports Law Bulletin from Blackstone Chambers, 21st October 2014

Source: www.sportslawbulletin.org

GCSE and A-level results changed for 43,500 on appeal – BBC News

Posted October 21st, 2014 in appeals, education, examinations, news by sally

‘More than 43,000 exam grades from this summer have been changed after schools challenged the results, up by 15%.’

Full story

BBC News, 21st October 2014

Source: www.bbc.co.uk

Command Papers – GOV.UK

Posted October 21st, 2014 in news, parliamentary papers by sally

Post Legislative Assessment of the Driving Instruction (Suspension and Exemption Powers) Act 2009, Cm 8941

Country Series: USA No 1, Cm 8947

Government response to the House of Commons Health Committee Report of Session 2014-15: accoutability hearing with the Health and Care Professions Council, Cm 8916

Better workplace pensions: putting savers’ interests first, Cm 8929

Misc Series No 8, Cm 8952

Source: www.gov.uk/government/publications

Internet service providers must help crack down on fake goods, high court rules – The Guardian

Posted October 21st, 2014 in costs, counterfeiting, injunctions, internet, news, trade marks by sally

‘A landmark British test case has opened the gates for brand owners to compel internet service providers (ISPs) to police trademark infringement at scale, in addition to their already controversial role in copyright enforcement.’

Full story

The Guardian, 20th October 2014

Source: www.guardian.co.uk

Robert Cerqua guilty of murdering twin Christopher – BBC News

Posted October 21st, 2014 in alcohol abuse, families, murder, news by sally

‘A man has been found guilty of murdering his identical twin brother in a drunken argument on New Year’s Eve.’

Full story

BBC News, 20th October 2014

Source: www.bbc.co.uk

Passport confiscation plan to stop ‘FGM’ – Daily Telegraph

Posted October 21st, 2014 in anonymity, bills, female genital mutilation, news, passports by sally

‘Government sets out new measures to combat female genital mutilation, including confiscating travel documents of girls who may be at risk.’

Full story

Daily Telegraph, 20th October 2014

Source: www.telegraph.co.uk

A guide to the Defective Premises Act 1972 (the DPA) – Zenith PI Blog

Posted October 21st, 2014 in defective premises, landlord & tenant, legislation, news, personal injuries by sally

‘The DPA 1972 is an important, but often misunderstood, piece of legislation within personal injury.’

Full story

Zenith PI Blog, 17th October 2014

Source: www.zenithpi.wordpress.com

Dave Lee Travis sentence ‘not unduly lenient’ – The Guardian

Posted October 21st, 2014 in appeals, news, sentencing, sexual offences, suspended sentences by sally

‘Disgraced DJ Dave Lee Travis’s three-month suspended sentence for indecent assault will not be referred to the court of appeal, the attorney general has said.’

Full story

The Guardian, 21st October 2014

Source: www.guardian.co.uk

Court of Appeal highlights dangers to lenders of choosing to enforce only part of a security – OUT-LAW.com

Posted October 21st, 2014 in appeals, debts, enforcement, mortgages, news, repossession by sally

‘Lenders must be careful to ensure that they do not lose the right to enforce their remaining rights under a security agreement when they choose to enforce only part of it, the Court of Appeal has warned.’

Full story

OUT-LAW.com, 20th October 2014

Source: www.out-law.com

PI: calculating disadvantage – Law Society’s Gazette

Posted October 21st, 2014 in compensation, damages, news, personal injuries by sally

‘The assessment of loss for the future earning capacity of a person suffering residual disability through injury has always been unsatisfactory. The method for calculating multipliers, multiplicands and understanding the at times unfathomable awards of the head of damages known as Smith v Manchester has been cloaked in mathematical illogicality.’

Full story

Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

Who, what, why: What laws currently cover trolling? – BBC News

‘Internet trolls could face two years in jail under new laws. But how does the British legal system currently police online abuse, asks Tom de Castella.’

Full story

BBC News, 20th October 2014

Source: www.bbc.co.uk

Does Fatal Accident Legislation Treat Gay Men And Women Differently? – Zenith PI Blog

‘As currently drafted the Fatal Accidents Act 1976 could treat gay men and gay women differently. Here I look at the reason why and examine the possible solution.’

Full story

Zenith PI Blog, 16th October 2014

Source: www.zenithpi.wordpress.com

Can a kiss on a bus count as public disorder? – The Guardian

Posted October 21st, 2014 in freedom of expression, homosexuality, human rights, news, public order by sally

‘The song was wrong – a kiss isn’t just a kiss. Or at least not on the No 89 to Blackheath, according to two passengers who say they were kicked off their London bus when the driver objected to their public display of affection.’

Full story

The Guardian, 20th October 2014

Source: www.guardian.co.uk

White collar crime reform considered – Law Society’s Gazette

‘The attorney general has revealed that the government is considering changing the evidential basis for prosecuting white collar crime.’

Full story

Law Society’s Gazette, 20th October 2014

Source: www.lawgazette.co.uk

Man jailed for antisemitic tweet to Labour MP – The Guardian

Posted October 21st, 2014 in guilty pleas, internet, malicious communications, news, racism, sentencing by sally

‘An internet troll accused of sending an antisemitic message to Labour MP Luciana Berger has been sentenced to four weeks in prison at Merseyside magistrates court.’

Full story

The Guardian, 20th October 2014

Source: www.guardian.co.uk

Professional bodies unite to attack “chilling effect” of judicial review reforms – Local Government Lawyer

‘The Bar Council, the Law Society and the Chartered Institute of Legal Executives have urged peers to amend the judicial review provisions in the Criminal Justice and Courts Bill, saying the measures would have a “chilling effect”.’

Full story

Local Government Lawyer, 20th October 2014

Source: www.localgovernmentlawyer.co.uk

Robbery sentences: Gun and knife use ‘should be penalised’ – BBC News

Posted October 21st, 2014 in consultations, firearms, news, offensive weapons, robbery, sentencing, victims by sally

‘Robbers who use or threaten to use guns and knives during crimes in England and Wales should expect to receive tougher jail sentences, new proposals suggest.’

Full story

BBC News, 21st October 2014

Source: www.bbc.co.uk

‘Some paedophiles will never face justice’ – National Crime Agency chief – The Guardian

‘Some of the UK’s estimated 50,000 suspected paedophiles will escape prosecution, according to Britain’s leading law-enforcement officer, who said that authorities had to rethink how to pursue suspects and how they could be prevented from perpetrating crimes.’

Full story

The Guardian, 20th October 2014

Source: www.guardian.co.uk