17/05/2017 – Current Awareness

BAILII: Recent Decisions

Posted May 17th, 2017 in law reports by tracey

Supreme Court

LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of & Ors [2017] UKSC 38 (17 May 2017)

Court of Appeal (Civil Division)

Societe Des Produits Nestle SA v Cadbury UK Ltd [2017] EWCA Civ 358 (17 May 2017)

Vanden Recycling Ltd v Kras Recycling BV [2017] EWCA Civ 354 (17 May 2017)

ABC v St George’s Healthcare NHS Trust & Ors [2017] EWCA Civ 336 (16 May 2017)

J C and A Solicitors Ltd v Andeen Iqbal & Anor [2017] EWCA Civ 355 (16 May 2017)

FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 (12 May 2017)

Ashfaq v International Insurance Company of Hannover Plc [2017] EWCA Civ 357 (12 May 2017)

Correia v University Hospital of North Staffordshire NHS Trust [2017] EWCA Civ 356 (12 May 2017)

High Court (Administrative Court)

Westminster City Council v Owadally & Anor [2017] EWHC 1092 (Admin) (17 May 2017)

Edward v Royal Borough of Greenwich [2017] EWHC 1112 (Admin) (17 May 2017)

Edward, R (on the application of) v Royal Borough of Greenwich [2017] EWHC 1113 (Admin) (17 May 2017)

Jones, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy [2017] EWHC 1111 (Admin) (16 May 2017)

Kowalski v Regional Court In Bielsko-Biala, Poland [2017] EWHC 1044 (Admin) (11 May 2017)

High Court (Chancery Division)

O’Keefe & Anor (In Their Capacity As Joint Liquidators of Level One Residential (Jersey) Ltd and Special Opportunity Holdings Ltd) v Caner & Ors [2017] EWHC 1105 (Ch) (15 May 2017)

Taylor v Taylor & Anor [2017] EWHC 1080 (Ch) (12 May 2017)

Bath v Escott [2017] EWHC 1101 (Ch) (11 May 2017)

BHS Group Ltd v Retail Acquisitions Ltd [2017] EWHC 1057 (Ch) (05 May 2017)

High Court (Commercial Court)

Pan Petroleum AJE Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors [2017] EWHC 1102 (Comm) (12 May 2017)

Gard Shipping AS v Clearlake Shipping PTE Ltd [2017] EWHC 1091 (Comm) (12 May 2017)

High Court (Family Division)

FF v KF [2017] EWHC 1093 (Fam) (12 May 2017)

High Court (Queen’s Bench Division)

Noble Caledonia Ltd v Air Niugini Ltd [2017] EWHC 1095 (QB) (12 May 2017)

The Secretary of State for Justice the Lord Chancellor v SVS Solicitors [2017] EWHC 1045 (QB) (11 May 2017)

High Court (Technology and Construction Court)

Findcharm Ltd v Churchill Group Ltd [2017] EWHC 1108 (TCC) (12 May 2017)

Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) (11 May 2017)

Source: www.bailii.org

The Unassailable Business Case by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, employment, news by sally

‘I am going to stick my neck out and suggest that workplace mediation offers perhaps the largest untapped opportunity for cost-cutting and improving profitability in business in the UK today. The many benefits of a mediation culture, including lower levels of conflict, improved morale, improved staff retention and even improved relations with suppliers and customers are really important and are a big part of that business case, but are outside the scope of this article. I am going to focus here just on the cost savings in terms of management and HR time.’

Littleton Chambers, 28th April 2017

Source: www.littletonchambers.co.uk

Immigration: what to expect from the main parties – Law Society’s Gazette

Posted May 17th, 2017 in elections, immigration, news, political parties by sally

‘On 18 April 2017, despite previous assertions to the contrary, Theresa May called an early general election for 8 June. The unexpected move was intended to bolster the prime minister’s support in parliament as she leads the UK into Brexit negotiations. The decision also left opposition parties little more than seven weeks to attempt to mount successful campaigns.’

Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Society tells attorney general: open advocacy panels to solicitors – Law Society’s Gazette

Posted May 17th, 2017 in advocacy, government departments, news, solicitor advocates by sally

‘The Law Society has urged the attorney general to give a warmer welcome to solicitor advocates to carry out civil, EU and international work for the government.’

Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Spoilt for Choice? How to Pick the Right Mediator for the Job by Antony Sendall – Littleton Chambers

Posted May 17th, 2017 in dispute resolution, news by sally

‘Your choice of mediator will have a direct impact on the prospects of a successful mediation outcome. No mediator can guarantee success, but a good mediator should create an expectation of success.’

Littleton Chambers, 2nd May 2017

Source: www.littletonchambers.com

A Question of Taste : The Supreme Court and the Interpretation of Contracts – Speech by Lord Sumption

Posted May 17th, 2017 in contracts, interpretation, news, Supreme Court by sally

A Question of Taste : T he Supreme Court and the Interpretation of Contracts (PDF)

Speech by Lord Sumption

Harris Society Annual Lecture, Keble College, Oxford, 8th May 2017

Source: www.supremecourt.uk

GP surgery administrator fined for illegally accessing patient records – Local Government Lawyer

Posted May 17th, 2017 in data protection, fines, guilty pleas, medical records, news by sally

‘A former NHS administrator has been ordered to pay nearly £800 in fines and costs after pleading guilty to unlawfully accessing patient records.’

Local Government Lawyer, 17th May 2017

Source: www.localgovernmentlawyer.co.uk

Whistleblowers and journalists ‘at risk of prison’ in secrets law reform – Law Society’s Gazette

Posted May 17th, 2017 in civil servants, media, news, official secrets act, whistleblowers by sally

‘Proposals by the Law Commission to reform the 1989 Official Secrets Act (OSA) could lead to the imprisonment of civil servants and journalists for disclosing information that would be available to anyone asking for it under the Freedom of Information Act, a leading campaigner for freedom of information has said.’

Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

Polkey and the Problem of “Definitely Maybe” – Littleton Chambers

Posted May 17th, 2017 in compensation, constructive dismissal, employment tribunals, news, unfair dismissal by sally

‘Nicholas Siddall considers the recent decision of the EAT in Zebrowski-v-Concentric Birmingham Ltd [2017] UKEAT/0245/16/DA and analyses the guidance there to be found as regards the proper approach to a Polkey deduction.’

Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Top QC implied sex assault victim ‘bore responsibility’ – Law Society’s Gazette

Posted May 17th, 2017 in barristers, cross-examination, disciplinary procedures, news, sexual offences, victims by sally

‘A senior silk has been reprimanded after a disciplinary tribunal found that he implied that a woman who was sexually assaulted by her stepfather bore responsibility for the attack.’

Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

Court of Appeal backs claimant solicitors in “£400 club” case – Litigation Futures

Posted May 17th, 2017 in civil procedure rules, costs, law firms, news, personal injuries, repayment, road traffic by sally

‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’

Litigation Futures, 16th May 2017

Source: www.litigationfutures.com

Teenager cleared of manslaughter after killing stepfather with one punch – The Independent

Posted May 17th, 2017 in domestic violence, homicide, news, young persons by sally

‘A teenager who killed his stepfather with a punch to the head has walked free from court.’

The Independent, 16th May 2017

Source: www.independent.co.uk

Opposition group crowd funds judicial review of sale of farms by council – Local Government Lawyer

Posted May 17th, 2017 in judicial review, local government, news, sale of land by sally

‘An opposition group on Herefordshire Council is seeking to crowd fund a judicial review challenge over the local authority’s decision to sell off its farm estate.’

Local Government Lawyer, 16th May 2017

Source: www.localgovernmentlawyer.co.uk

Scattering Ian Brady’s ashes – Law & Religion UK

Posted May 17th, 2017 in burials and cremation, inquests, murder, news by sally

‘The inquest into the death of the remaining “Moors Murderer”, Ian Brady, commenced on 16 May 2017, and the BBC reported that his ashes would not to be scattered at Saddleworth Moor, the burial place of many of their victims. Senior coroner Christopher Sumner is reported as saying that “he knew he did not have the legal power to make such a request but believed it was the ‘correct moral judgement’”.’

Law & Religion UK, 17th May 2017

Source: www.lawandreligionuk.com

Sumption: Supreme Court pulling back from broad construction of contracts – Litigation Futures

Posted May 17th, 2017 in contracts, interpretation, news, Supreme Court by sally

‘Lord Sumption has called for a return to a more straightforward approach to how judges construct contracts that focuses on the words rather than trying to work out what the parties intended by looking at the surrounding circumstances.’

Litigation Futures, 16th May 2017

Source: www.litigationfutures.com

Court of Appeal determines approach for deciding loss where litigation solicitors miss second claim – OUT-LAW.com

Posted May 17th, 2017 in damages, industrial injuries, negligence, news, personal injuries, solicitors by sally

‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’

OUT-LAW.com, 16th May 2017

Source: www.out-law.com

Employees, Directors & the Futures Path of Corporate Governance Reform – Littleton Chambers

Posted May 17th, 2017 in company directors, company law, diversity, employment, news, remuneration, select committees by sally

‘Shortly before the calling of a General Election the Business and Enterprise Select Committee of the House of Commons published a report on corporate governance. As the report’s reception and subsequent comment have made clear, whatever the outcome of the election the framework set by the report is likely to determine the direction of future corporate governance reform.’

Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Uber faces legal threat from union over London licence – The Guardian

Posted May 17th, 2017 in licensing, London, news, taxis, trade unions by sally

‘Uber has come under further pressure in London after a union threatened legal action if the capital’s transport authority renews the taxi app’s licence without guaranteeing more rights for drivers.’

The Guardian, 16th May 2017

Source: www.guardian.co.uk

Disability Discrimination: “Perception Versus Reality” By Nicholas Siddall – Littleton Chambers

Posted May 17th, 2017 in disability discrimination, employment tribunals, equality, news by sally

Nicholas Siddall analyses the decision of the EAT in Peninsula v Baker [2017] UKEAT/0241/16 and the arguably anomalous position that this creates as regards disability in the context of equality law.

Littleton Chambers, 16th May 2017

Source: www.littletonchambers.com

Student who stabbed boyfriend may avoid jail as it would ‘damage her career’ – The Guardian

Posted May 17th, 2017 in guilty pleas, news, sentencing, wounding by sally

‘An Oxford University student who stabbed her boyfriend with a bread knife may not go to jail because it could damage her prospects of a medical career, a court has heard.’

The Guardian, 16th May 2017

Source: www.guardian.co.uk

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