BAILII: Recent Decisions

Posted January 12th, 2017 in law reports by tracey

High Court (Administrative Court)

McNiece, R (on the application of) v Criminal Injuries Compensation Authority [2017] EWHC 2 (Admin) (12 January 2017)

Grace Bay II Holdings Sarl & Ors, R (on the application of) v The Pensions Regulator & Ors [2017] EWHC 7 (Admin) (10 January 2017)

High Court (Commercial Court)

Brightside Group Ltd & Ors v RSM UK Audit LLP & Anor [2017] EWHC 6 (Comm) (09 January 2017)

High Court (Queen’s Bench Division)

Harding v British Medical Association [2017] EWHC 5 (QB) (10 January 2017)

Source: www.bailii.org

High Court judge condemns Leigh Day claimants for “deliberate disregard” of court order in £50m+ costs battle – Litigation Futures

Posted January 12th, 2017 in budgets, costs, expert witnesses, law firms, news by tracey

‘A High Court judge has “unequivocally” condemned claimants represented by group litigation specialists Leigh Day for “deliberate disregard of a court order” in a case where the costs of both sides were estimated at well over £50m.’

Full story

litigation Futures, 10th January 2017

Source: www.litigationfutures.co.uk

Legal basis for striking terror targets set out – Attorney General’s Office

Posted January 12th, 2017 in armed forces, attorney general, press releases, self-defence, speeches, terrorism by tracey

‘Attorney General Jeremy Wright will set out the legal basis for British military strikes against terror targets overseas.’

Full press release

Attorney General’s Office, 11th January 2017

Source: www.gov.uk/ago

Judge refuses to allow amendments filed a year after request – Law Society’s Gazette

Posted January 12th, 2017 in amendments, claims management, news by tracey

‘The High Court has told an engineering business it cannot make amendments submitted more than a year after its original defence to a civil claim was filed.’

Full story

Law Society’s Gazette, 11th January 2017

Source: www.lawgazette.co.uk

Claim form served late but dismissal application rejected – Law Society’s Gazette

Posted January 12th, 2017 in civil procedure rules, delay, news, service by tracey

‘The High Court has dismissed a defendant firm’s attempt to have a claim thrown out after a key form was served late. Mr Justice Andrew Baker said London firm Rosling King, representing a broker in an insurance dispute, had served the claim form after the required deadline in June last year.’

Full story

Law Society’s Gazette, 11th January 2017

Source: www.lawgazette.co.uk

Child Contact Interventions: An Underused Resource – Family Law Week

Posted January 12th, 2017 in children, contact orders, news, social services by tracey

‘Gabrielle Jan Posner, barrister of Trinity Chambers, Chelmsford, argues for the greater use of child contact interventions in appropriate circumstances.’

Full story

Family Law week, 11th January 2017

Source: www.familylawweek.co.uk

FCO reviews policy of making forced marriage victims pay for flights – The Guardian

Posted January 12th, 2017 in costs, forced marriages, news, repayment, victims by tracey

‘The Foreign Office is to review its policy on forced marriage after the Guardian revealed that victims are ordered to repay the government the costs of their repatriation.’

Full story

The Guardian, 11th January 2017

Source: www.guardian.co.uk

Poppy Widdison: Agencies missed chances to protect drugged girl – BBC News

Posted January 12th, 2017 in child cruelty, children, drug abuse, news, reports, social services by tracey

‘Agencies missed several chances to protect a girl who died after being fed drugs by her mother, a serious case review has found.’

Full story

BBC News, 11th January 2017

Source: www.bbc.co.uk

Southern rail operator appeals to supreme court to block drivers’ strikes – The Guardian

Posted January 12th, 2017 in appeals, EC law, industrial action, news, railways, Supreme Court, trade unions, transport by tracey

‘Govia Thameslink Railway is taking a legal case against drivers’ union Aslef to the supreme court over its industrial action on Southern rail.’

Full story

The Guardian, 11th January 2017

Source: www.guardian.co.uk

London cosmetics firms fined for selling unsafe beauty products – BBC News

Posted January 12th, 2017 in consumer protection, fines, health & safety, news, trading standards by tracey

‘Fifteen London businesses selling unsafe cosmetics products have been fined in a crackdown by Trading Standards.’

Full story

BBC News, 11th January 2017

Source: www.bbc.co.uk

Review into child abuse in football makes first call for evidence – The Guardian

Posted January 12th, 2017 in child abuse, evidence, news, sexual offences, sport, victims by tracey

‘The independent review into allegations of child abuse in football has made its first call for evidence. Set up by the Football Association and led by Clive Sheldon QC, the review has written to all football clubs in England and Wales, amateur and professional, asking for information about allegations of child sexual abuse between 1970 and 2005.’

Full story

The Guardian, 11th January 2017

Source: www.guardian.co.uk

Counter-terrorism money being spent on redacting evidence to inquiry on undercover policing – The Independent

Posted January 12th, 2017 in evidence, inquiries, investigatory powers, news, police, terrorism by tracey

‘Counter-terrorism money is being used to redact police evidence to an inquiry into undercover policing tactics, it has been revealed.’

Full story

The Independent, 12th January 2017

Source: www.independent.co.uk

Wilko fined £2.2m over worker crushed by metal cage – BBC News

Posted January 12th, 2017 in accidents, fines, health & safety, news by tracey

‘National chain store Wilko has been fined £2.2m after a worker was crushed and left paralysed.’

Full story

BBC News, 11th January 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 11th, 2017 in legislation by tracey

The Education and Adoption Act 2016 (Commencement No. 3) Regulations 2017

The Coasting Schools (England) Regulations 2017

The Immigration (European Economic Area) (Amendment) Regulations 2017

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2017

The Plant Health (England) (Amendment) Order 2017

The Crime and Courts Act 2013 (Commencement No. 16 and Savings) Order 2017

The Compulsory Purchase of Land (Vesting Declarations) (England) Regulations 2017

The Compulsory Purchase of Land (Prescribed Forms) (Ministers) (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Cheltenham masseur Malcolm Baker jailed for sex assault – BBC News

Posted January 11th, 2017 in news, sentencing, sexual offences by sally

‘A masseur who sexually assaulted six female clients has been jailed for 15 months.’

Full story

BBC News, 10th January 2017

Source: www.bbc.co.uk

Rolf Harris sex attack trial due to start with entertainer following case remotely due to his age – Daily Telegraph

Posted January 11th, 2017 in children, elderly, news, sexual offences, trials by sally

Prosecutors are due to open their case against television entertainer Rolf Harris, who will follow his sex attack trial remotely.

Full story

Daily Telegraph, 11th January 2017

Source: www.telegraph.co.uk

Court orders exemplary damages in fundamental dishonesty case – Litigation Futures

Posted January 11th, 2017 in accidents, costs, damages, fraud, insurance, judges, news, road traffic by sally

‘A district judge in Manchester has made an award of exemplary damages after finding road traffic accident claimants guilty of bringing fundamentally dishonest claims.’

Full story

Litigation Futures, 10th January 2017

Source: www.litigationfutures.com

Brian Altman QC named lead counsel for child sexual abuse inquiry – The Guardian

Posted January 11th, 2017 in child abuse, inquiries, news, sexual offences by sally

‘The former Old Bailey prosecutor Brian Altman QC has been named as the new lead counsel for the independent inquiry into child sexual abuse.’

Full story

The Guardian, 10th January 2017

Source: www.guardian.co.uk

Court of Appeal to refer City law firm to SRA and DPP after revoking £500,000 costs order – Legal Futures

‘The criminal division of the Court of Appeal has taken the unusual step of announcing its intention to refer a City law firm to the Solicitors Regulation Authority.’

Full story

Legal Futures, 11th January 2017

Source: www.legalfutures.co.uk

Attorney general calls for new legal basis for pre-emptive military strikes – The Guardian

‘Pre-emptive military strikes against terrorist targets overseas are required for national self-defence and the legal basis on which they are carried out should be made more explicit to deal with increasing threat levels, the UK’s attorney general is due to say on Wednesday.’

Full story

The Guardian, 11th January 2017

Source: www.guardian.co.uk