Day: 9 May 2017
Another successful unlawful detention claim – Free Movement
‘R (Ademiluyi) v SSHD [2017] EWHC 935 (Admin) concerns a successful claim for damages by an individual unlawfully detained under immigration powers. It is notable for its restatement of the importance of the third Hardial Singh principle, and as a further example of the Secretary of State’s ‘enduring casualness’ [23] when dealing with cases involving immigration detention.’
Free Movement, 9th May 2017
Source: www.freemovement.org.uk
Right to damages for ‘unreasonably’ late insurance claims settlement now in force – OUT-LAW.com
‘Business and consumer insurance policyholders may now pursue their insurers in the courts if they do not settle claims within a reasonable amount of time.’
OUT-LAW.com, 8th May 2017
Source: www.out-law.com
The addition of parties after limitation has expired – Zenith PI
‘Godfrey Morgan Solicitors (A Firm) v Michael Arms [2017] EWCA Civ 323. The Appellant firm of solicitors appealed against the decision of a first instance appeal which determined that it had been properly added as a Defendant to a claim for professional negligence despite the prior expiry of the relevant limitation period.’
Zenith PI, 8th May 2017
Source: www.zenithpi.wordpress.com
Duties of care owed by hospital receptionists: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 – Zenith PI
‘Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s basic details. The patient would then be assessed within 30 minutes by a triage nurse, who would decide on the best course of action. Urgent cases would be prioritised.’
Zenith PI, 9th May 2017
Source: www.zenithpi.wordpress.com
Supreme Court to rule this week on Article 6 and housing decisions – Local Government Lawyer
‘The Supreme Court will this week hand down a key ruling on whether Article 6 of the European Convention on Human Rights, the right to a fair hearing, applies to decisions on entitlement under Part V of the Housing Act 1996.’
Local Government Lawyer, 8th May 2017
Source: www.localgovernmentlawyer.co.uk
Insurer loses bid to appeal indemnity costs issue in unusual case where expert agreed to cover its costs – Litigation Futures
‘An insurer has failed to convince a judge that a medical expert who agreed to cover its costs in a whiplash case should be ordered to pay on the indemnity basis.’
Litigation Futures, 9th May 2017
Source: www.litigationfutures.com
High Court upholds decision to disapply QOCS in ‘mixed’ claim – Litigation Futures
‘The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to “mixed” claims, and in what is said to be the first case of its type, where the personal injury (PI) element was found to be a relatively minor part of the wider claim.’
Litigation Futures, 9th May 2017
Source: www.litigationfutures.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Day v Health Education England & Ors [2017] EWCA Civ 329 (05 May 2017)
Cosmetic Warriors Ltd & Anor v Gerrie [2017] EWCA Civ 324 (05 May 2017)
High Court (Commercial Court)
ICICI Bank UK Plc v Mehta & Ors [2017] EWHC 1030 (Comm) (08 May 2017)
Vald. Nielsen Holding A/S & Anor v Baldorino & Ors [2017] EWHC 1033 (Comm) (05 May 2017)
Deutsche Bank AG v Comune Di Savona [2017] EWHC 1013 (Comm) (05 May 2017)
High Court (Family Division)
W (A Child) (No 3), Re [2017] EWHC 1032 (Fam) (05 May 2017)
AD & Ors, Re Human Fertilisation and Embryology Act 2008 [2017] EWHC 1026 (Fam) (05 May 2017)
High Court (Queen’s Bench Division)
Simukonda v The Home Office [2017] EWHC 1012 (QB) (05 May 2017)
A v Cornwall Council [2017] EWHC 842 (QB) (28 April 2017)
Source: www.bailii.org
Underage sex considered ‘normal part of growing up’, report warns – The Independent
‘Sexual health services failing to recognise victims of child exploitation and abuse due to expectation that under-16s will be sexually active, Family Education Trust claims.’
The Independent, 8th may 2017
Source: www.independent.co.uk
‘Monster’ couple jailed for 84 child abuse charges – BBC News
‘A couple who subjected children to a decade of sex and drug abuse, including rape, have been jailed.’
BBC News, 8th May 2017
Source: www.bbc.co.uk
Poppi Worthington inquest delayed by her father after he secures legal aid – Daily Telegraph
‘An inquest into the death of toddler Poppi Worthington has been delayed by her father. Paul Worthington’s solicitors argue they have been left with insufficient time to prepare for the hearing, which was due to start in Kendal, Cumbria, next week, after he finally secured legal aid last week being turned down three times before.’
Daily Telegraph, 9th May 2017
Source: www.telegraph.co.uk
Nearly half of female prisoners have attempted suicide, figures reveal – The Independent
‘Almost half of female prisoners in England and Wales have attempted suicide, figures show, prompting urgent calls for the next government to address the growing mental health crisis in the penal system.’
The Independent, 8th May 2017
Source: www.independent.co.uk
