BAILII: Recent Decisions

Posted February 1st, 2017 in law reports by tracey

Supreme Court

DB v Chief Constable of Police Service of Northern Ireland (Northern Ireland) [2017] UKSC 7 (1 February 2017)

Akers & Ors v Samba Financial Group [2017] UKSC 6 (1 February 2017)

Court of Appeal (Civil Division)

Sharp v Leeds City Council [2017] EWCA Civ 33 (01 February 2017)

Global Asset Capital, Inc & Anor v Aabar Block SARL & Ors [2017] EWCA Civ 37 (01 February 2017)

Kuznetsov v The Royal Bank of Scotland Plc [2017] EWCA Civ 43 (31 January 2017)

Secretary of State for Communities and Local Government & Anor v Wealden District Council [2017] EWCA Civ 39 (31 January 2017)

MM (A Patient) [2017] EWCA Civ 34 (30 January 2017)

HH Prince Moulay Hicham Ben Abdallah Al Alaoui of Morocco v Elaph Publishing Ltd [2017] EWCA Civ 29 (27 January 2017)

AZ (Syria) v Secretary of State for the Home Department [2017] EWCA Civ 35 (27 January 2017)

London Borough of Hackney v Williams & Anor [2017] EWCA Civ 26 (26 January 2017)

Ferreira, R (On the Application Of) v HM Senior Coroner for Inner South London [2017] EWCA Civ 31 (26 January 2017)

National Infrastructure Development Company Ltd v Banco Santander SA [2017] EWCA Civ 27 (26 January 2017)

Camden London Borough Council v Humphreys & Anor [2017] EWCA Civ 24 (26 January 2017)

Court of Appeal (Criminal Division)

Criminal Practice Directions 2015 Amendment No. 3 [2017] EWCA Crim 30 (31 January 2017)

Mula & Ors, R v [2017] EWCA Crim 32 (31 January 2017)

Holden, R v [2017] EWCA Crim 31 (31 January 2017)

High Court (Chancery Division)

CFL Finance Ltd v Rubin & Anor (As Joint Supervisors of Moises Gertner’s Voluntary Arrangement) [2017] EWHC 111 (Ch) (27 January 2017)

Pearson v Foster [2017] EWHC 107 (Ch) (27 January 2017)

Celestial Church of Christ, Edward Street Parish (A Charity) v Lawson [2017] EWHC 97 (Ch) (27 January 2017)

McConomy & Anor v ASE Plc & Anor [2017] EWHC 92 (Ch) (26 January 2017)

Ackerman v Thornhill & Ors [2017] EWHC 99 (Ch) (26 January 2017)

Patel v Freddy’s Ltd & Ors [2017] EWHC 73 (Ch) (24 January 2017)

High Court (Commercial Court)

Navalmar UK Ltd v Kale Maden Hammaddeler Sanayi Ve Ticart (as “The MV Arundel Castle”) [2017] EWHC 116 (Comm) (31 January 2017)

Asda Stores Ld & Ors v Mastercard Incorporated & Ors [2017] EWHC 93 (Comm) (30 January 2017)

Bunge SA v Huaya Maritime Corporation of the Marshall Islands & Anor [2017] EWHC 90 (Comm) (27 January 2017)

DTEK Trading SA v Morozov & Anor [2017] EWHC 94 (Comm) (27 January 2017)

High Court (Family Division)

X Children, Re [2017] EWHC 120 (Fam) (27 January 2017)


Baroness Williams of Trafford speech to Tell MAMA conference – Home Office

Posted February 1st, 2017 in hate crime, Islam, speeches by tracey

‘Baroness Williams of Trafford speech to Tell MAMA conference Tackling anti-Muslim hatred in Manchester and Beyond.’

Full speech

Home Office, 26th January 2017


BSB report shows diversity at the Bar heading slowly in the right direction but that further progress is needed – Bar Standards Board

Posted February 1st, 2017 in barristers, diversity, reports by tracey

‘The Bar Standards Board (BSB) has today published its annual report on Diversity at the Bar. The report shows that progress was made in 2016 with regard to both diversity at the Bar itself and to the disclosure rates of barristers providing data.’

Full report 

Bar Standards Board, 27th January 2017


Lord Woolf joins hundreds of barristers in condemning bar training shakeup – Law Society’s Gazette

Posted February 1st, 2017 in barristers, legal education, news by tracey

‘More than 500 barristers have signed an open letter opposing the Bar Standards Board’s proposals to shake up the training regime for would-be barristers. In a letter published today, the barristers, who include former master of the rolls and lord chief justice Lord Woolf, say the consultation is not “guided by a proper understanding” of the BSB’s objective of promoting and protecting the public interest ‘

Full story

Law Society’s Gazette, 31st January 2017


Government snubs calls for hefty cut in tribunal fees – Law Society’s Gazette

Posted February 1st, 2017 in employment tribunals, fees, news by tracey

‘The government has rebuffed calls for a substantial cut in employment tribunal fees, claiming the regime introduced in 2013 is “working well”.’

Full story

Law Society’s Gazette, 31st January 2017


Costs: Reassessing the Starting Point – Family Law Week

Posted February 1st, 2017 in costs, divorce, financial provision, news by tracey

‘Mark Ablett, pupil barrister, 1 Garden Court Family Law Chambers considers the perennial problem of high levels of costs in financial remedies cases and proposes a new approach to help mitigate the problem.’

Full story

Family Law Week, 27th January 2017


‘Stressed’ GP allowed to keep job despite driving home after drinking almost entire bottle of vodka at surgery – Daily Telegraph

Posted February 1st, 2017 in alcohol abuse, disciplinary procedures, doctors, news, sentencing by tracey

‘A GP who drove home after drinking almost an entire bottle of vodka at his surgery has been allowed to keep his job after medical watchdogs heard he was stressed at looking after 3,500 patients.’

Full story

Daily Telegraph, 31st January 2017


UK police force’s monitoring of reporters’ phones ruled unlawful – The Guardian

Posted February 1st, 2017 in investigatory powers, news, police, telecommunications, tribunals by tracey

‘Investigatory powers tribunal finds there was no lawful basis for Cleveland police accessing records in leak inquiry.’

Full story

The Guardian, 31st January 2017

Source: www,

Judges reject media request to release marine shooting video – The Guardian

‘Three of the UK’s most senior judges have rejected a request by the Guardian and other media organisations to sanction the release of video footage showing a British Royal Marine shooting dead a wounded Taliban fighter.’

Full story

The Guardian, 31st January 2017


Internship with the Criminal Cases Review Commission (CCRC)

Posted February 1st, 2017 in by sally

‘The CCRC is the public body with statutory responsibility for independently investigating alleged miscarriages of justice in England, Wales and Northern Ireland. It is based in Birmingham. It is offering an internship, available to those who have completed the BPTC or LPC.

This is an exciting opportunity to assist in the CCRC’s casework and to experience an unusual perspective of the criminal justice system.

The internship will be for a period of 6 months starting in April 2017.

The annual salary is £15,103 (pro-rata), payable monthly.

Shortlisted candidates will be notified during week commencing Monday 27 February 2017; and interviewed at the CCRC in March 2017, dates to be confirmed.

The successful candidate will be notified of the outcome the end of March 2017. However they will have to undergo the vetting procedure applied to all CCRC employees, before their internship offers can be finally confirmed.

Closing date for applications is 12 noon Monday 20 February 2017.’

CCRC contact details are:

Tel: 0121 233 1473


Phil Shiner’s legal firm ‘made £1.6m with improper fee deal over Iraq troop abuse claims’ – Daily Telegraph

‘A disgraced human rights lawyer accused of hounding British troops earned his firm more than £1.6m from an improper deal carving up fees from pursuing abuse claims against British troops, a tribunal has heard.’

Full story

Daily Telegraph, 31st February 2017


Exeter prison struggling with drugs and rising violence, say inspectors – The Guardian

Posted February 1st, 2017 in drug abuse, news, prisons, reports, self-harm, violence by tracey

‘Prison inspectors have warned that the situation at Exeter jail is “fragile”, with drugs thrown over the wall on a daily basis and only 29 officers on duty for 490 prisoners. The chief inspector’s report published on Wednesday says staff shortages at the overcrowded category B Victorian prison are exacerbated by problems including drugs and mental health issues, leaving the prison struggling to cope with rising violence and self-harm incidents.’

Full story

The Guardian, 1st February 2017


Mother cleared of encouraging boyfriend to shoot crying toddler in head to keep him quiet – Daily Telegraph

Posted February 1st, 2017 in children, domestic violence, grievous bodily harm, news by tracey

‘A mother of two has been acquitted of encouraging her boyfriend to shoot a crying toddler in the head with an air rifle to keep him quiet.’

Full story

Daily Telegraph, 31st January 2017


Lord Janner’s family to ‘undermine’ sex abuse inquiry ‘from within’ after being given formal role in investigation – Daily Telegraph

Posted February 1st, 2017 in child abuse, inquiries, news, sexual offences by tracey

‘The family of Lord Janner yesterday vowed to “undermine from within” the Government’s beleaguered child sex abuse inquiry after being given a formal role in the investigation. The family were granted core participant status which gives them access to documents and to have lawyers attend the inquiry’s hearings.’

Full story

Daily Telegraph, 1st February 2017


Thousands of gay and bisexual men convicted of long-abolished sexual offences are posthumously pardoned – The Independent

Posted February 1st, 2017 in homosexuality, news, pardons, sexual offences by tracey

‘Thousands of gay and bisexual men convicted of now-abolished sexual offences have been posthumously pardoned.
Dubbed the “Alan Turing law”, it will in effect act as an apology to those convicted for consensual same-sex relationships before homosexuality was decriminalised in England and Wales in 1967.’

Full story

The Independent, 31st January 2017