BAILII: Recent Decisions

Posted July 28th, 2016 in law reports by tracey

Supreme Court

The Christian Institute & Ors v The Lord Advocate (Scotland) [2016] UKSC 51 (28 July 2016)

Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 (27 July 2016)

Secretary of State for the Home Department v Franco Vomero (Italy) [2016] UKSC 49 (27 July 2016)

Lee-Hirons v Secretary of State for Justice [2016] UKSC 46 (27 July 2016)

Hayward v Zurich Insurance Company plc [2016] UKSC 48 (27 July 2016)

Bailey & Anor v Angove’s PTY Ltd [2016] UKSC 47 (27 July 2016)

Court of Appeal (Civil Division)

MSC Mediterranean Shipping Company SA v Cottonex Anstalt [2016] EWCA Civ 789 (27 July 2016)

Bolle Transport BV v Secretary of State for the Home Department [2016] EWCA Civ 783 (27 July 2016)

Hospira UK Ltd v Genentech Inc [2016] EWCA Civ 780 (27 July 2016)

WH Newson Holding Ltd & Ors v IMI Plc & Anor [2016] EWCA Civ 773 (27 July 2016)

Department for Work And Pensions v The Information Commissioner & Anor [2016] EWCA Civ 758 (27 July 2016)

Court of Appeal (Criminal Division)

Powell & Anor, R v [2016] EWCA Crim 1043 (27 July 2016)

High Court (Administrative Court)

YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin) (27 July 2016)

Jalal, R (On the Application Of) v Royal Borough of Greenwich [2016] EWHC 1848 (Admin) (27 July 2016)

GS, R (On the Application Of) v London Borough of Camden [2016] EWHC 1762 (Admin) (27 July 2016)

Nuttall & Anor v National Crime Agency [2016] EWHC 1911 (Admin) (27 July 2016)

Lucas, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 1960 (Admin) (27 July 2016)

High Court (Chancery Division)

National Westminster Bank Plc v Lucas & Ors [2016] EWHC 1934 (Ch) (27 July 2016)

Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch) (27 July 2016)

High Court (Commercial Court)

Novus Aviation Ltd v Alubaf Arab International Bank BSC(C) [2016] EWHC 1937 (Comm) (27 July 2016)

High Court (Queen’s Bench Division)

Bill Kenwright Ltd v Flash Entertainment FZ LLC [2016] EWHC 1951 (QB) (28 July 2016)

Economou v de Freitas [2016] EWHC 1853 (QB) (27 July 2016)

High Court (Technology and Construction Court)

Ground Developments Ltd v FCC Construccion SA & Ors [2016] EWHC 1946 (TCC) (27 July 2016)


High Court rules council acted unlawfully in cuts to short break funding – Local Government Lawyer

Posted July 28th, 2016 in budgets, charities, children, equality, holidays, local government, news by tracey

‘The High Court has ruled that a local authority acted unlawfully when it reduced funding to voluntary sector organisations that offer short breaks to disabled children.’

Full story

Local Government Lawyer, 28th July 2016


Briggs presses ahead with Online Court and challenges profession to get to grips with unbundling – Legal Futures

Posted July 28th, 2016 in civil justice, costs, courts, internet, news, reports by tracey

‘Lord Justice Briggs published his final report on the structure of the civil courts and retained his strong support for the creation of an online court for claims worth up to £25,000 – which he said should be called the Online Solutions Court – although he has shifted position to say that parties should be able to recover a limited amount of legal costs.’

Full story

Legal futures, 27th July 2016


Barrister cops double suspension after immigration conviction – Legal Futures

‘A barrister who was convicted last year of practising as an immigration adviser while his registration was suspended, has now been suspended from the Bar as well.’

Full story

legal Futures, 28th July 2016


Bar Council response to Lord Justice Briggs’ review – The Bar Council

Posted July 28th, 2016 in barristers, civil justice, courts, internet, press releases, reports by tracey

‘The Bar Council has responded to Lord Justice Briggs’ Civil Courts Structure Review. Chairman of the Bar, Chantal-Aimée Doerries QC, said: “Efforts to modernise the courts and improve efficiencies in our justice system are essential. It is surely time to make a proper investment in our civil justice system for the future, to provide justice for all.” ‘

Full press release

The Bar Council, 27th July 2016


Civil Courts Structure Review (CCSR): Final Report published – Courts and Tribunals Judiciary

Posted July 28th, 2016 in civil justice, courts, press releases, reports by tracey

‘The final report of Lord Justice Briggs’ Civil Courts Structure Review was published on 27 July 2016.’

Full report and report

Courts and Tribunals Judiciary, 27th July 2016


‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

Full story

Law Society’s Gazette, 27th July 2016


Seen and heard? Children as witnesses in family proceedings – Family Law Week

‘Damian Stuart, Barrister, FOURTEEN, re-visits Baroness Hale’s seminal speech in Re W (Children) (Abuse: Oral Evidence) in the light of Lord Justice McFarlane’s recent judgment in Re E (A Child).’

Full story

Family Law Week, 22nd July 2016


Lie detector tests for sex offenders: Police catch criminal reoffending after using polygraph machine – Daily Telegraph

Posted July 28th, 2016 in lie detectors, news, police, recidivists, sexual offences by tracey

‘A convicted sex offender had admitted reoffending after police asked him to take a lie detector test when concerns were raised about his behaviour.’

Full story

Daily Telegraph, 27th July 2016


Crown court sentencing being recorded for pilot project that could bring judges’ comments to TV – Daily Telegraph

Posted July 28th, 2016 in Crown Court, media, news, pilot schemes by tracey

‘Criminal court cases could soon be broadcast into living rooms across the country after a landmark project to explore the viability of filming legal proceedings.’

Full story

Daily Telegraph, 27th July 2016


Welsh woman ‘imprisoned by father’ for ‘kissing a guy’ – Daily Telegraph

Posted July 28th, 2016 in embassies, false imprisonment, foreign jurisdictions, human rights, news by tracey

‘A 21-year-old Welsh woman who says she has been imprisoned by her father in Saudi Arabia because she “kissed a guy” has asked a British High Court judge for help.’

Full story

Daily Telegraph, 28th July 2016


Number of people dying after coming into contact with police rises sharply to 200 – The Independent

Posted July 28th, 2016 in complaints, death in custody, mental health, news, police, reports, statistics, suicide by tracey

‘Some 200 people died during or following contact with police in the UK last year, according to new figures.
A report released by the Independent Police Complaints Commission reveals the number of deaths has risen 63 per cent in the last five years – with a spike of 37 per cent in the last year alone.’

Full story

The Independent, 26th July 2016


Shipping magnate’s son loses libel action against father of woman he was accused of raping – The Independent

‘A shipping magnate’s son who said he endured a five-week “public rubbishing” because of the actions of the father of a woman who accused him of rape has lost his High Court libel action.’

Full story

The Independent, 27th July 2016


IPCC bungled case against officers accused of abusing firefighter – The Guardian

Posted July 28th, 2016 in complaints, disciplinary procedures, firearms, London, mistake, news, police, racism by tracey

‘The police watchdog bungled a case against three officers accused of abusing and Tasering a black firefighter because of his race, it has emerged. The Independent Police Complaints Commission apologised after disciplinary charges against the Metropolitan police officers were dropped and admitted making key errors.’

Full story

The Guardian, 27th July 2016


Nuisance caller cost the taxpayer £78,000 by making 408 calls to the ambulance service in two years – Daily Telegraph

Posted July 28th, 2016 in assault, emergency services, health, news, nuisance, sentencing, Wales by tracey

‘A woman who cost the taxpayer £78,000 by phoning ambulance service more than 400 times in two years has been jailed.’

Full story

Daily Telegraph, 28th July 2016