BAILII: Recent Decisions

Posted March 30th, 2017 in law reports by tracey

Supreme Court

Wood v Capita Insurance Services Ltd [2017] UKSC 24 (29 March 2017)

Plevin v Paragon Personal Finance Ltd [2017] UKSC 23 (29 March 2017)

Court of Appeal (Civil Division)

Dunnett Investments Ltd v The Secretary of State for Communities and Local Government & Anor [2017] EWCA Civ 192 (29 March 2017)

Stafford Flowers v Linstone Chine Management Company Ltd [2017] EWCA Civ 202 (29 March 2017)

Nottingham City Council v Dominic Parr Trevor Parr Associates Ltd [2017] EWCA Civ 188 (29 March 2017)

FDR Ltd v Dutton & Ors [2017] EWCA Civ 200 (29 March 2017)

Duggan, R (on the application of) v HM Assistant Deputy Coroner for the Northern District of Greater London & Ors [2017] EWCA Civ 142 (29 March 2017)

YZ, R (On the Application Of) v Oxleas NHS Foundation Trust & Anor [2017] EWCA Civ 203 (29 March 2017)

D (A Child) [2017] EWCA Civ 196 (29 March 2017)
The Secretary of State for Justice v MM [2017] EWCA Civ 194 (29 March 2017)

Assoun v Assoun [No 2] [2017] EWCA Civ 179 (28 March 2017)

Z (A Child) [2017] EWCA Civ 157 (28 March 2017)

Assoun v Assoun [No 1] [2017] EWCA Civ 21 (28 March 2017)

Butt v Secretary of State for the Home Department [2017] EWCA Civ 184 (28 March 2017)

Adams v Crown Prosecution Service (CPS) [2017] EWCA Civ 185 (27 March 2017)

OMV Petrom SA v Glencore International AG [2017] EWCA Civ 195 (27 March 2017)

Court of Appeal (Criminal Division)

Blackman, R v [2017] EWCA Crim 325 (28 March 2017)

Blackman, R v [2017] EWCA Crim 326 (28 March 2017)

High Court (Administrative Court)

Pitts, R (On the Application Of) v Commissioner of Police for the Metropolis [2017] EWHC 646 (Admin) (29 March 2017)

Unaenergy Group Holding Pte Ltd & Ors, R (On the Application Of) v The Director of the Serious Fraud Office [2017] EWHC 600 (Admin) (29 March 2017)

High Court (Chancery Division)

Taylor v Van Dutch Marine Holding Ltd & Ors [2017] EWHC 636 (Ch) (27 March 2017)

High Court (Commercial Court)

The Law Debenture Trust Corporation PLC v Ukraine, Represented By the Minister of Finance of Ukraine Acting Upon the Instructions of the Cabinet of Ministers of Ukraine [2017] EWHC 655 (Comm) (29 March 2017)

Kyokuyo Co Ltd v AP Møller -Maersk A/S (t/a “Maersk Line”) [2017] EWHC 654 (Comm) (29 March 2017)

Rafael Advanced Defense Systems Ltd v Mectron Engenharia, Industria E Comercio SA [2017] EWHC 597 (Comm) (27 March 2017)

High Court (Queen’s Bench Division)

Monroe v Hopkins (Rev 1) [2017] EWHC 645 (QB) (28 March 2017)

Brevan Howard Asset Management LLP & Ors v Reuters Ltd & Ors [2017] EWHC 644 (QB) (28 March 2017)


Children: Public Law Update (March 2017) – Family Law Week

Posted March 30th, 2017 in children, damages, human rights, news by tracey

‘John Tughan QC of 4 Paper Buildings focuses on recent decisions relating to claims for damages (and other relief) under the Human Rights Act 1998.’

Full story

Family Law Week, 28th March 2017


Flybe fined for sending 3.3 million unwanted emails – BBC News

Posted March 30th, 2017 in advertising, airlines, consent, data protection, electronic mail, fines, news by tracey

‘The airline Flybe has been fined £70,000 for sending more than 3.3 million marketing emails to people who had opted out of receiving them.’

Full story

BBC News, 29th March 2017


Parents’ court fight over taking son, 5, to country suffering terror attacks – Daily Telegraph

Posted March 30th, 2017 in children, families, holidays, news by tracey

‘A father insisted on taking his five-year-old son to a conflict-riven country to visit relatives in defiance of the child’s mother, who was terrified he would be placed at serious risk.’

Full story

Daily Telegraph, 28th March 2017


Katie Hopkins cannot appeal Jack Monroe libel tweet case – BBC News

Posted March 30th, 2017 in appeals, costs, damages, defamation, media, news by tracey

‘Columnist Katie Hopkins has been told she cannot appeal against a libel action which landed her with a six-figure bill.’

Full story

BBC News, 29th March 2017


Julian Cole nightclub incident: Police officers face no criminal charges – BBC News

‘Five police officers will not face criminal charges over the way they dealt with a man who broke his neck outside a nightclub, the BBC has been told.’

Full story

BBC News, 29th March 2019


Intimidatory offences and domestic abuse – consultation launched on sentencing guideline – Sentencing Council

‘The Sentencing Council has launched a consultation on its proposed guidelines on sentencing intimidatory offences and domestic abuse.’

Full press release

Sentencing Council, 30th March 2017


Revenge porn crackdown: Offenders who send pictures to family members face two years in jail under new guidelines – Daily Telegraph

Posted March 30th, 2017 in bills, domestic violence, families, harassment, news, pornography, sentencing, victims by tracey

‘Offenders who send “revenge porn” images to victims’ family members could face up to two years in jail under new sentencing plans.’

Full story

Daily Telegraph, 30th March 2017


UK denies woman visa to attend Green Party conference because she’s single – The Independent

Posted March 30th, 2017 in immigration, news, political parties, visas by tracey

‘Britain’s immigration authority has denied a woman a visa to attend a political conference in the UK on the basis that she is single, according to documents seen by The Independent.’

Full story

The Independent, 30th March 2017


Allow judiciary to work until 75, says Britain’s most senior judge – The Guardian

Posted March 30th, 2017 in age discrimination, elderly, judges, judiciary, news, retirement, select committees by tracey

‘Judges should be allowed to sit beyond the age of 70 to ease the growing problem of judicial recruitment, the UK’s most senior judge, Lord Neuberger, has said.’

Full story

The Guardian, 29th March 2017


Recent Statutory Instruments –

Posted March 29th, 2017 in legislation by tracey

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2017

The Welfare Reform Act 2012 (Commencement No. 9 and 21 and Transitional and Transitory Provisions (Amendment)) Order 2017

The Policing and Crime Act 2017 (Commencement No. 2) Regulations 2017

The United Nations and European Union Financial Sanctions (Linking) Regulations 2017

The Finance Act 2015, Section 54(3) (Appointed Day) Regulations 2017

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2017

The European Political Parties and European Political Foundations Regulations 2017

The Enterprise Act 2016 (Commencement No. 4 and Appointed Start Date) Regulations 2017


Brexit, Article 50 and what it means for innovative businesses – Technology Law Update

Posted March 29th, 2017 in brexit, data protection, EC law, news, patents, referendums, treaties by sally

‘The shock of last June’s referendum result, with the UK electorate opting to leave the European Union, is starting to fade. Now the hard graft begins. Tomorrow British Prime Minister Theresa May will trigger Article 50, starting the two year process of negotiations that will end with a deal, an untidy departure or (maybe) an agreement to keep talking. Since the first analysis of what Brexit will mean for businesses we have learned more about what the UK intends to keep and discard. How are things looking now?’

Full story

Technology Law Update, 28th March 2017


Mark Duggan’s family lose challenge over inquest jury’s conclusion that he was lawfully killed – Daily Telegraph

Posted March 29th, 2017 in appeals, firearms, inquests, news, police by sally

‘The family of a man whose fatal shooting by a police marksman sparked nationwide riots have lost a challenge over an inquest jury’s conclusion that he was lawfully killed.

Full story

Daily Telegraph, 29th March 2017


Court of Appeal rules against twin sisters over occupation of council flat – Local Government Lawyer

Posted March 29th, 2017 in appeals, landlord & tenant, local government, news, rent, repossession by sally

‘Twins who did not occupy a council flat as their main residence were not entitled to remain there having built up substantial rent arrears, the Court of Appeal has said.’

Full story

Local Government Lawyer, 29th March 2017


Elizabeth Campion: The Constitutional “Ripple Effect” of the European Union (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two months after a majority of an 11-member Supreme Court confirmed that prerogative powers could not be used to invoke Article 50, however, the European Union (Notification of Withdrawal) Act 2017 (hereafter referred to as the “Withdrawal Act”) received Royal Assent, conferring power on the Prime Minister to give the notification required to begin the process of the United Kingdom’s withdrawal from the European Union. The passage of the Withdrawal Act fulfilled the constitutional requirements identified in Miller formally, within the purely political timetable set by the Prime Minister at the Conservative Party’s conference and without any additional legal requirements being imposed by way of amendment. This not only sets the stage but also prepares the way for a more permanent sidelining of Parliament as the supreme legislative body in the UK’s constitution as part of the process of leaving the European Union.’

Full story

UK Constitutional Law Association, 27th March 2017


Supreme Court clarifies distinction between ‘advice’ and ‘information’ negligence cases –

Posted March 29th, 2017 in drafting, law firms, loans, mistake, negligence, news, Supreme Court by sally

‘A law firm that made a mistake when drafting a loan letter on its client’s instructions, and failing to draw critical information to his attention, was not liable to that client when the loan failed. The client would have made a loss on the loan in any event due to his commercial misjudgments, the UK’s highest court has ruled.

Full story, 29th March 2017


“Judicial Bias Considered” – Zenith PI Blog

Posted March 29th, 2017 in bias, judiciary, medical treatment, negligence, news by sally

‘In Willmott–v- Rotherham NHS Foundation Trust (2017) EWCA Civ 181 the Court of Appeal considered whether a Judge’s comment during a clinical negligence trial had the objective appearance of bias or prejudging the evidence.’

Full story

Zenith PI Blog, 28th March 2017


Bullying at work: your legal rights – The Guardian

Posted March 29th, 2017 in bullying, employment, news by sally

‘What qualifies as workplace bullying? And what legal protection do you have if you are being bullied at work?’

Full story

The Guardian, 29th March 2017


‘Reverse VAT charge’ proposed to tackle construction sector labour fraud –

Posted March 29th, 2017 in construction industry, fraud, news, VAT by sally

‘Contractors could become responsible for accounting for VAT on construction labour services that they purchase under plans put forward for consultation by HM Revenue and Customs (HMRC).’

Full story, 27th March 2017


Royal Marine Alexander Blackman expresses ‘relief’ at sentence cut – BBC News

‘Royal Marine Alexander Blackman has spoken of his “profound sense of relief” after his sentence for shooting dead a wounded Taliban fighter in Afghanistan was reduced.’

Full story

BBC News, 29th March 2017