BAILII: Recent Decisions

Posted August 5th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

Chappell v HM Revenue and Customs [2016] EWCA Civ 809 (04 August 2016)

High Court (Queen’s Bench Division)

Kontic & Ors v The Ministry of Defence [2016] EWHC 2034 (QB) (04 August 2016)

Gahir v Bansal [2016] EWHC 2041 (QB) (03 August 2016)

High Court (Technology and Construction Court)

Stratton & Anor v Patel & Anor [2016] EWHC 2031 (TCC) (03 August 2016)

Stratton & Anor v Patel & Anor [2016] EWHC 2032 (TCC) (03 August 2016)

Source: www.bailii.org

Injury lawyers slam plans to delete company records – Law Society’s Gazette

Posted August 5th, 2016 in news, personal injuries, winding up by tracey

‘Proposals to delete millions of public records of dissolved companies could deny injured victims access to vital information, lawyers have warned.’

Full story

Law Society’s Gazette, 5th August 2016

Source: www.lawgazette.co.uk

Cold case conviction for 1983 child sex attack after DNA match – BBC News

Posted August 5th, 2016 in child abuse, DNA, news, sentencing, sexual offences by tracey

‘A man who kidnapped and seriously sexually assaulted a 15-year-old girl 33 years ago, has been jailed for nine years at Bristol Crown Court.’

Full story

BBC News, 4th August 2016

Source: www.bbc.co.uk

Wyton driver Danny Warby guilty over police officer crash death – BBC News

Posted August 5th, 2016 in dangerous driving, news by tracey

‘A lorry driver has been convicted over a crash he caused after opening a text message which resulted in the death of an off duty police officer.’

Full story

BBC News, 4th August 2016

Source: www.bbc.co.uk

Church of England clergyman found guilty of historical sex offences – The Guardian

Posted August 5th, 2016 in Church of England, clergy, news, sexual offences by tracey

‘A senior Church of England clergyman has been found guilty of sex offences committed against two young men in the 1970s and 80s amid claims of a church cover-up.’

Full story

The Guardian, 4th August 2016

Source: www.guardian.co.uk

High court to rule on new members’ vote in Labour leadership ballot – The Guardian

Posted August 5th, 2016 in contracts, elections, news, political parties by tracey

‘The high court will rule on Monday on whether 130,000 people who recently became Labour party members will be allowed to vote in the upcoming leadership election, after a lawyer representing a group of them argued they had been unfairly excluded from the process.’

Full story

The Guardian, 4th August 2016

Source: www.guardian.co.uk

Child abuse: One in 14 adults ‘abused as children’ in England and Wales – BBC News

Posted August 5th, 2016 in child abuse, news, sexual offences, statistics by tracey

‘One in every 14 adults in England and Wales suffered sexual abuse as a child, a survey suggests.’

Full story

BBC News, 4th August 2016

Source: www.bbc.co.uk

Franca Asemota sentenced to 22 years for trafficking women and girls from Nigeria – Crown Prosecution Service

‘A trafficker threatened to use “juju magic” against the women and children she helped to bring into Europe for forced prostitution has been sentenced to 22 years imprisonment today.’

Full press release

Crown Prosecution Service, 4th August 2016

Source: www.cps.gov.uk

Mother sues Argos for £20m over ‘unsafe baby car seat’ after urgent recall – Daily Telegraph

Posted August 5th, 2016 in consumer protection, health & safety, news, sale of goods by tracey

‘A mother is suing Argos for a £20 million over an allegedly “unsafe baby car seat” she says “put her son’s life at risk.” ‘

Full story

Daily Telegraph, 5th August 2016

Source: www.telegraph.co.uk

Child abuse victims say inquiry must continue after chair’s resignation – The Guardian

Posted August 5th, 2016 in child abuse, inquiries, news, sexual offences by tracey

‘The far-reaching public inquiry into institutional child abuse in the UK must continue swiftly despite the shock resignation of its third chair, victims’ representatives and politicians have said.’

Full story

The Guardian, 5th August 2016

Source: www.guardian.co.uk

Councillor wins battle with parish over failure to provide reading aid – Local Government Lawyer

‘A parish council discriminated against a councillor with visual impairment by failing to provide him with reading aids to carry out his duties. That finding has come following six employment tribunal hearings in Bedford and Huntingdon between November 2015 and May 2016 concerning former Brixworth parish councillor Stephen Pointer.’

Full story

Local Government Lawyer, 3rd August 2016

Source: www.localgovernmentlawyer.co.uk

MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

Full story

Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

Abuse Of Process In Historical Cases: A Thing Of The Past? – Crimeline

Posted August 4th, 2016 in abuse of process, disclosure, evidence, news, reports by Mark L

‘In May this year the Public Accounts Committee published a report titled the ‘Efficiency in the Criminal Justice System.’ The conclusions are unsurprising for those with any experience of the system; it is at breaking point. In the current climate it seems the courts will do everything in their power to ensure cases proceed often in spite of significant delay. Due to their nature, historical cases can often be besieged with disclosure problems, and while delay can be due to legitimate and understandable reasons it is also true that historical cases can face unjustifiably delay. The question which must be asked is, when a case suffers from both delay and disclosure issues can a defendant have a fair trial at all?.’

Full story

Crimeline, 3rd August 2016

Source: www.crimeline.info

BAILII: Recent Decisions

Posted August 4th, 2016 in law reports by Mark L

Supreme Court

Moreno v The Motor Insurers’ Bureau [2016] UKSC 52 (3 August 2016)

High Court (Administrative Court)

Jones v Luton Borough Council [2016] EWHC 2036 (Admin) (03 August 2016)

High Court (Commercial Court)

Saga Cruises BDF Ltd & Anor v Fincantieri SPA [2016] EWHC 1875 (Comm) (29 July 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 4th, 2016 in legislation by Mark L

The Telecommunications Restriction Orders (Custodial Institutions) (England and Wales) Regulations 2016

The Tonnage Tax (Training Requirement) (Amendment) Regulations 2016

Source: www.legislation.gov.uk

Bar ‘entities’ flop – so fees under review – Law Society’s Gazette

Posted August 4th, 2016 in alternative business structures, barristers, fees, news, reports by Mark L

‘The bar’s regulator is reviewing its fees after grossly overestimating the profession’s appetite for new business models. Income has fallen well short of expectations, the Bar Standards Board admits in its annual report, after entity applications turned out to be just a fraction of the hundreds anticipated when it began licensing the new model in April last year.’

Full story

Law Society’s Gazette, 4th August 2016

Source: www.lawgazette.co.uk

Judge rues ‘attritional warfare’ in PI case – Law Society’s Gazette

Posted August 4th, 2016 in costs, law firms, news, personal injuries by Mark L

‘A High Court judge has heavily criticised the parties in a hotly contested personal injury case for their lack of co-operation.’

Full story

Law Society’s Gazette, 3rd August 2016

Source: www.lawgazette.co.uk

Tyson Fury: World heavyweight champion faces UK Anti-Doping charge – BBC News

Posted August 4th, 2016 in appeals, disqualification, drug abuse, news, sport by Mark L

‘World heavyweight champion Tyson Fury has been charged with a doping offence by the UK’s anti-doping body. Ukad revealed it suspended Fury on 24 June – the day the Briton announced he was pulling out his his rematch with Wladimir Klitschko because of injury. But Fury appealed and the suspension has now been lifted until a hearing in front of the National Anti-Doping Panel (NADP) at an as yet undetermined date.’

Full story

BBC news, 4th August 2016

Source: www.bbc.co.uk

Ancient grazing rights threatened as controversial baaaaaaad behaviour orders used to criminalise sheep – Daily Telegraph

Posted August 4th, 2016 in animals, ASBOs, commons, crime, fines, local government, news by Mark L

‘it is one of the most ancient surviving commoners’ rights in England, thought to date at least to the Norman conquest if not before. But the custom of allowing sheep to roam freely in the Forest of Dean in Gloucestershire is set to be criminalised in one village, in the latest manifestation of controversial new antisocial behaviour laws nicknamed the “busybodies’ charter”.’

Full story

Daily Telegraph, 4th August 2016

Source: www.telegraph.co.uk

London 2011 riots: Stop and search change ‘led to knife crime’ – BBC News

‘It is “highly likely” a drop in police stop and search usage has led to a rise in knife crime, a member of the panel which advised the government following the 2011 riots has said.’

Full story

BBC News, 4th August 2016

Source: www.bbc.co.uk