Supreme Court: money owed by insolvent agent to its principal not held on constructive trust –

‘Money which an agent personally owed to its principal at the point the former became insolvent is not held on “constructive trust” for the principal, instead forming part of the assets of the insolvent business to be divided up between all creditors in a proportionate way, the UK’s highest court has ruled.’

Full story, 29th July 2016


BAILII: Recent Decisions

Posted August 1st, 2016 in law reports by Mark L

Court of Appeal (Civil Division)

Swift & Ors v Fred Olsen Cruise Lines [2016] EWCA Civ 785 (29 July 2016)

Kucherov, R (on the application of) v The Secretary of State for the Home Department [2016] EWCA Civ 791 (29 July 2016)

W (A Child) [2016] EWCA Civ 793 (29 July 2016)

C (A Child) [2016] EWCA Civ 798 (29 July 2016)

Apata, R (On the Application of) v Secretary of State for the Home Department [2016] EWCA Civ 802 (29 July 2016)

Carder v The University of Exeter [2016] EWCA Civ 790 (29 July 2016)

Goyal v Goyal [2016] EWCA Civ 792 (29 July 2016)

Raza, R (On the Application Of) (Pakistan) v The Secretary of State for the Home Department [2016] EWCA Civ 807 (29 July 2016)

Menston Action Group v City of Bradford Metropolitan District Council [2016] EWCA Civ 796 (28 July 2016)

Court of Appeal (Criminal Division)

Murray v R [2016] EWCA Crim 1051 (29 July 2016)

High Court (Administrative Court)

Napp Pharmaceuticals Ltd, R (On the Application Of) v Secretary of State for Health acting as The Licensing Authority [2016] EWHC 1982 (Admin) (29 July 2016)

The Secretary of State for the Home Department v EB [2016] EWHC 1970 (Admin) (29 July 2016)

KK v Director of Public Prosecutions [2016] EWHC 1976 (Admin) (29 July 2016)

Czach & Anor v Poland [2016] EWHC 1993 (Admin) (29 July 2016)

TDT, R (On the Application Of) v Secretary Of State For The Home Department [2016] EWHC 1912 (Admin) (29 July 2016)

Gray v The Police Appeals Tribunal [2016] EWHC 1239 (Admin) (29 July 2016)

High Court (Chancery Division)

Iiyama (UK) Ld ) & Ors v Samsung Electronics Co Ltd & Ors [2016] EWHC 1980 (Ch) (29 July 2016)

Ready Rentals Ltd v Ahmed & Anor [2016] EWHC 1996 (Ch) (29 July 2016)

BHS Ltd, Re [2016] EWHC 1965 (Ch) (29 July 2016)

High Court (Commercial Court)

C v D [2016] EWHC 1893 (Comm) (29 July 2016)

High Court (Family Division)

West Sussex County Council v Alma [2016] EWHC 2009 (Fam) (28 July 2016)

High Court (Patents Court)

Merck Sharp & Dohme Corporation v The Comptroller-General of Patents, Designs And Trade Marks [2016] EWHC 1896 (Pat) (29 July 2016)

High Court (Queen’s Bench Division)

Bailey & Ors v Glaxosmithkline (UK) Ltd [2016] EWHC 1975 (QB) (29 July 2016)

Warne v Vinters-Armstrongs Ltd [2016] EWHC 1971 (QB) (29 July 2016)

High Court (Technology and Construction Court)

Energysolutions EU Ltd v Nuclear Decommissioning Authority [2016] EWHC 1988 (TCC) (29 July 2016)


Recent Statutory Instruments –

Posted August 1st, 2016 in legislation by Mark L

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2016

The Suspension Appeals (Churchwardens etc.) Rules 2016


Claims Management Regulator – Misleading marketing statements – Ministry of Justice

‘We have put together a list of misleading statements which demonstrate some of the types of advertising and marketing that is not compliant with our rules.’

Full text

Ministry of Justice, 29th July 2016


Claimant who only beat part 36 offer because of post-Brexit fall in sterling denied usual rewards – Litigation Futures

Posted August 1st, 2016 in brexit, costs, EC law, indemnities, insurance, news, part 36 offers, referendums by Mark L

‘A claimant who only beat his part 36 offer because of the fall in the value of sterling since the Brexit vote has been denied the usual benefits of enhanced interest, indemnity costs and an additional payment that would have been the maximum £75,000 given the sums at stake.’

Full story

Litigation Futures, 29th July 2016


Chambers urged to shape up on diversity as discrimination claims rise – Legal Futures

‘Chambers are seeing more grievances over discriminatory treatment by both employees and members, according to solicitors who advise them on dealing with their equality and diversity obligations.’

Full story

Legal Futures, 1st August 2016


Modern Slavery Act 2015 review: one year on – Home Office

‘An independent review into the effectiveness of the criminal justice provisions in the Modern Slavery Act 2015 one year after coming into effect.’

Full press release

Home Office, 31st July 2016


Teenager sentenced for Derby knife murder – Crown Prosecution Service

Posted August 1st, 2016 in murder, press releases, sentencing, violent disorder, weapons, young offenders by Mark L

‘A 16-year-old has been sentenced to 14 years in custody for the murder of 22-year-old Tom Webb, who was stabbed to death in the centre of Derby in January 2016.’

Full press release

Crown Prosecution Service, 29th July 2016


Cybercriminal “Sir King Cash” ordered to pay back over half a million pounds – Crown Prosecution Service

‘Fraudster Sean Benson, who went by the screen name “Sir King Cash”, has been ordered to pay back £554,000 by a judge at Southwark Crown Court. Benson now has three months in which to pay back the money or face a further five years in jail. All of the money will be paid back to the victims of the fraud.’

Full press release

Crown Prosecution Service, 29th July 2016


Linklaters escapes ‘unprecedented’ disclosure order – Law Society’s Gazette

‘The High Court has decided against making what would have been an unprecedented order in relation to e-disclosure in an action brought over the behaviour of a mining company in Peru.’

Full story

Law Society’s Gazette, 29th July 2016


‘Black box’ recorder used in liability trial defence – Law Society’s Gazette

Posted August 1st, 2016 in evidence, insurance, news, witnesses by Mark L

‘A telematics-based motor insurer has claimed a first after data from a “black box” recorder was successfully used in a defence at a collision liability trial.’

Full story

Law Society’s Gazette, 1st August 2016


Judge jails ‘childish’ man who brought M1 to standstill because of grudge with police – Daily Telegraph

Posted August 1st, 2016 in child abuse, complaints, guilty pleas, news, nuisance, police, roads, sentencing by Mark L

‘A “childish” man who cost the economy £28 million when he brought the M1 to a standstill for 28 hours has been jailed for two years after he caused hundreds of holidaymakers to miss their flights.’

Full story

Daily Telegraph, 29th July 2016


Ellie Butler murder: Father displayed ‘pattern of impulsive violence’ – BBC News

‘A man who murdered his six-year-old daughter was described as displaying a “pattern of impulsive violence” months before she died, it has been revealed.’

Full story

BBC News, 30th July 2016


Trevor Gray: Wife’s battle to clear wrongly jailed detective’s name – BBC News

‘A High Court judge has said a police force was wrong not to reinstate a former detective wrongly jailed for raping a woman in 2011. Trevor Gray’s wife Alison told BBC News how her family won a five-year, £150,000 battle to clear his name.’

Full story

BBC news, 30th July 2016


Key Janner witness lied about abuse by care home boss – Daily Telegraph

Posted August 1st, 2016 in care homes, child abuse, inquiries, news, police, sexual offences by Mark L

‘A former children’s home resident who accused the late politician Lord Janner of Braunstone of being a paedophile made false claims of being sexually abused by the home’s manager, it has been alleged.’

Full story

Daily Telegraph, 31st July 2016


Police watchdog IPCC ‘favours black complainants’ – BBC News

‘The police watchdog is now “more likely to believe black complainants than white police officers”, according to a former officer and equality campaigner.’

Full story

BBC News, 31st July 2016


Retired businessman loses battle with archaeological society over ‘plebeian’ tour groups spoiling his elevenses – Daily Telegraph

Posted August 1st, 2016 in complaints, news, rights of way, trespass by Mark L

‘A retired businessman has lost his battle with a local archaeological society after complaining about “plebeian” members of historical tour groups spoiling his elevenses.’

Full story

Daily Telegraph, 31st July 2016


Rise in child sexual abuse cases threatens other policing, warns chair of commissioners – The Guardian

‘Police struggling to cope with a huge escalation in the number of child sexual exploitation cases fear it “may grow to threaten other aspects of effective policing”, the new chair of police commissioners has warned.’

Full story

The Guardian, 1st August 2016