BAILII: Recent Decisions

Posted March 13th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

Source: www.bailii.org

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People with dementia ‘failed’ by deprivation of liberty law – BBC News

‘People with dementia and learning difficulties are being detained in care without checks due to a ‘failing’ law, the Law Commission has said.’

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BBC News, 13th March 2017

Source: www.bbc.co.uk

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Munby: ‘judges should not have to justify themselves’ – Law Society’s Gazette

Posted March 13th, 2017 in appeals, judges, judgments, judiciary, media, news by sally

‘The most senior family judge has stepped into the controversy over press attacks on the judiciary, telling solicitors that judges should not have to justify their rulings – while conjuring a dystopian vision of judges being hauled on to Newsnight to defend themselves.’

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Law Society’s Gazette, 10th March 2017

Source: www.lawgazette.co.uk

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Judge rules campaigners did not have standing to bring procurement challenge – Local Government Lawyer

Posted March 13th, 2017 in local government, news, public procurement by sally

‘Waverley Borough Council has persuaded a High Court judge that a group of councillors and local residents did not have standing to bring a judicial review claim that a contract with a developer had been varied in breach of procurement law.’

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Local Government Lawyer, 10th March 2017

Source: www.localgovernmentlawyer.co.uk

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Daniel Morgan: how a 30-year-old murder still haunts Britain’s powerful – The Guardian

‘Private eye’s unsolved death dogs Murdoch bid for Sky and the Met’s reputation, and fuels demands for another Leveson inquiry.’

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The Guardian, 11th March 2017

Source: www.guardian.co.uk

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Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

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Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

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MPs to discuss reform of UK’s Victorian-era abortion law – The Guardian

Posted March 13th, 2017 in abortion, bills, crime, medicines, news, women by sally

‘In years to come, it may be regarded as one of the last battles for women’s autonomy. Under an obscure Victorian law, passed when women did not even have the vote, the decision to terminate an unplanned pregnancy using pills in the privacy of a home is punishable by life in prison – for the woman and any doctor who helps her.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

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What happens when the robots get it wrong? – The Future of Law

‘As new technologies and automation start playing an ever more important role in the legal world, what are the risks in relation to negligence? As new technologies and automation start playing an ever more important role in the legal world, what are the risks in relation to negligence?’

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The Future of Law, 3rd March 2017

Source: www.blogs.lexisnexis.co.uk

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Ealing defeats latest challenge to siting of QPR training on metropolitan open land – Local Government Lawyers

Posted March 13th, 2017 in commons, local government, London, news, planning, sport by sally

‘The London Borough of Ealing has successfully defended its decision-making in the latest round of litigation over the proposed siting of training facilities for football club Queen’s Park Rangers on metropolitan open land (MOL).’

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Local Government Lawyer, 10th March 2017

Source: www.localgovernmentlawyer.co.uk

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Solicitor headbutts EastEnders star’s property developer father inside High Court during £100m legal dispute – Daily Telegraph

‘A top property solicitor headbutted a property developer during a £100m legal battle at the High Court.’

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Daily Telegraph, 10th March 2017

Source: www.telegraph.co.uk

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UK medicines regulator says it is ‘completely impossible’ to control illegal online pharmacies – The Independent

Posted March 13th, 2017 in health, internet, licensing, medicines, news, pharmacists by sally

‘It is “completely impossible” to control the vast numbers of unlicensed pharmacies illegally selling drugs online, the British medical regulatory agency has warned.’

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The Independent, 12th March 2017

Source: www.independent.co.uk

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Tarunabh Khaitan: Giving up on (Indirect) Discrimination Law – UK Constitutional Law Association

‘Some readers might be surprised if told that one of the most significant cases on discrimination law generally, and race discrimination in particular, is likely to be decided by the Supreme Court before long. The UKSC heard the appeal against the Court of Appeal’s ruling in Home Office v Essop (2015) in December 2016. It is still to deliver its judgment.’

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UK Constitutional Law Association, 13th March 2017

Source: www.ukconstitutionallaw.org

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World enough and time – suitability, distance and time – Nearly Legal

Posted March 13th, 2017 in appeals, children, housing, local government, London, news by sally

‘A section 204 Housing Act 1996 appeal of the suitability of LB Brent’s offer of private sector accommodation to Mr B of a property in Birmingham. Mr B, his wife and three daughters were in temporary accommodation in Brent, a full s.193 housing duty having been accepted by Brent. In 2014, an offer of accommodation in Birmingham was made. Mr B sought a review, which upheld suitability. A s.204 appeal was settled on the basis of a fresh review. That review decision of May 2016, again upholding suitability, was the subject of the present appeal.’

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Nearly Legal, 10th March 2017

Source: www.nearlylegal.co.uk

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Magistrate disciplined after Facebook comments on case he oversaw – Daily Telegraph

Posted March 13th, 2017 in internet, magistrates, news, professional conduct by sally

‘A magistrate has been reprimanded after posting a Facebook message about a court case he had overseen.’

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Daily Telegraph, 11th March 2017

Source: www.telegraph.co.uk

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Vicar jailed after dying abuse victim gives evidence through eye-tracking software – The Independent

‘A retired vicar who abused a choirboy more than 35 years ago has been jailed for four years after his victim gave evidence through eye-tracking technology that translated his blinks into words.’

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The Independent, 11th March 2017

Source: www.independent.co.uk

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Canals and Article 8 – again – UK Human Rights Blog

‘In recent years, the Courts have come up with a pragmatic resolution to the clash of property and Article 8 rights which typically occur in housing cases. Where the tenant is trying to use Art.8 to fend off a possession order, because he is in breach of some term of the tenancy, then the Courts, here and in Strasbourg, have resolved the issue in the favour of the local authority, save in exceptional circumstances.’

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UK Human Rights Blog, 10th March 2017

Source: www.ukhumanrightsblog.com

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London man jailed for killing friend with single punch after shoe prank – The Guardian

Posted March 13th, 2017 in alcohol abuse, homicide, London, news, sentencing, violence by sally

‘A City worker who fatally punched a friend after his shoe was thrown out of a taxi window has been jailed for three years.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

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SRA decision to hold board meetings in private “may breach Legal Services Act” – Legal Futures

‘The decision by the Solicitors Regulation Authority to close its meetings to public and press scrutiny appears to be contrary to its obligations under the Legal Services Act 2007 (LSA), a leading regulatory solicitor has said.’

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Legal Futures, 13th March 2017

Source: www.legalfutures.com

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War graves lost as court gives council permission to bury civilians on top of World War I soldiers – Daily Telegraph

‘London council is to be allowed to bury people in land on top of war graves after a Church of England court gave it permission.’

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Daily Telegraph, 10th March 2017

Source: www.telegraph.co.uk

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Ticket touts face unlimited fines for using ‘bots’ to buy in bulk – The Guardian

‘Touts who use computer software to harvest concert tickets in bulk and resell them at vast mark-ups face unlimited fines as part of a crackdown on highly profitable resale sites such as Viagogo, StubHub and GetMeIn.’

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The Guardian, 10th March 2017

Source: www.guardian.co.uk

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