High court to hear if RBS has agreed last-ditch deal with shareholders – The Guardian

Posted May 24th, 2017 in adjournment, banking, class actions, compensation, news, shareholders by sally

‘A judge will hear on Wednesday whether a deal has been agreed to avert a legal battle that would force the former RBS chairman Fred Goodwin to give evidence in the high court.’

Full story

The Guardian, 24th May 2017

Source: www.guardian.co.uk

Are LQCs independent (and do they want to be?) – UK Police Law Blog

‘A recent decision from the High Court in Chief Constable of Thames Valley v Police Misconduct Panel [2017] EWHC 923 (Admin) says that misconduct panels can now be judicially reviewed by Chief Constables – but gives rise to a number of new and potentially awkward questions.’

Full story

UK Police Law Blog, 22nd May 2017

Source: www.ukpolicelawblog.com

What can reasonably be expected of junior doctors – UK Human Rights Blog

Posted May 23rd, 2017 in appeals, doctors, negligence, news by tracey

‘FB v. Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, 12 May 2017, Court of Appeal. FB fell ill with meningitis when she was just one. The illness was diagnosed too late, and she suffered brain damage. This appeal was against the judge’s dismissal of the claim against the hospital, where she was seen, some time before she was admitted and the infection treated. All agreed that avoiding the time between being seen and being admitted could have led to the brain damage being avoided.’

Full story

UK Human Rights Blog, 22nd may 2017

Source: www.ukhumanrightsblog.com

British Airways loses challenge against pensions payments – OUT-LAW.com

Posted May 23rd, 2017 in airlines, news, pensions, trusts by tracey

‘British Airways (BA) has lost a High Court case against a decision by pension scheme trustees to make discretionary payments to thousands of airline workers.’

Full story

OUT-LAW.com, 22nd May 2017

Source: www.out-law.com

National Minimum Wage – Local Government Law

Posted May 23rd, 2017 in appeals, employment, employment tribunals, minimum wage, news by tracey

‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’

Full story

Local Government Law, 22nd May 2017

Source: www.11kbw.com/blogs/local-government-law

Agent claiming to be unaware property was HMO, loses appeal over £20k fine – Local Government Lawyer

Posted May 23rd, 2017 in appeals, fines, housing, local government, news by tracey

‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’

Full story

Local Government Lawyer, 22nd May 2017

Source: www.localgovernmentlawyer.co.uk

Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by tracey

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

Full story

Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

Suicide jail failed to improve, says doctor – BBC News

Posted May 23rd, 2017 in mental health, news, prisons, psychiatrists, suicide by tracey

‘Safety improvements were not made at a prison with the highest suicide rate in England and Wales despite a spate of deaths, a psychiatrist has told the BBC.’

Full story

BBC news, 22nd May 2017

Source: www.bbc.co.uk

35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

‘Shabby racist’ kicked pregnant Muslim woman in the stomach causing her to miscarry – Daily Telegraph

Posted May 23rd, 2017 in assault, news, racism, sentencing, violent offenders by tracey

‘A pregnant Muslim woman suffered a miscarriage after a racist thug kicked her in the stomach during a supermarket row, a court heard. Jailing David Gallacher for three years and seven months for the attack , Judge Francis Sheridan described him as a “shabby racist” and told him “This country will not bow to the views of racists.” ‘

Full story

Daily Telegraph, 22nd May 2017

Source: www.telegraph.co.uk

Co-op fined for wet floor slip death in Truro shop – BBC News

Posted May 22nd, 2017 in accidents, costs, fines, health & safety, news by tracey

‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’

Full story

BBC News, 22nd May 2017

Source: www.bbc.co.uk

BAILII Recent Decisions

Posted May 22nd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Wood v Kingston Upon Hull City Council [2017] EWCA Civ 364 (19 May 2017)

Emmott v Michael Wilson & Partners Ltd [2017] EWCA Civ 367 (19 May 2017)

Grimes v The Trustees of the Essex Farmers And Union Hunt [2017] EWCA Civ 361 (19 May 2017)

High Court (Administrative Court)

Sambotin, R (on the application of) v London Borough of Brent [2017] EWHC 1190 (Admin) (19 May 2017)

High Court (Chancery Division)

Breyer Group Plc v RBK Engineering Ltd [2017] EWHC 1206 (Ch) (19 May 2017)

Trilogy Management Ltd v Harcus Sinclair (A Firm) [2017] EWHC 1164 (Ch) (19 May 2017)

High Court (Family Division)

A (A Minor : Fact Finding; Unrepresented Party) [2017] EWHC 1195 (Fam) (19 May 2017)

High Court (Queen’s Bench Division)

Forsey, R (on the application of) v The Northern Derbyshire Magistrates’ Court [2017] EWHC 1152 (QB) (19 May 2017)

Source: www.bailii.org

No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

Posted May 22nd, 2017 in appeals, EC law, human rights, immigration, news, reasons, tribunals by tracey

‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’

Full story

Free Movement, 19th May 2017

Source: www.freemovement.org.uk

UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’

Full story

Free Movement, 22nd May 2017

Source: www.freemovement.org.uk

Homeless duties, human rights and suitability decisions – Nearly Legal

‘Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36. Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her of when she was imprisoned in Iran (though she did say it would have been suitable as temporary accommodation). She had had a panic attack on viewing the property. RBKC found the property was suitable and reasonable to accept on review, upheld on appeal and in the court of appeal.’

Full story

Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Regrette rien – Nearly Legal

Posted May 22nd, 2017 in homelessness, housing, judicial review, local government, London, news by tracey

‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’

Full story

Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Baby deaths linked to lack of basic midwife training – Daily Telegraph

Posted May 22nd, 2017 in birth, children, education, midwives, negligence, news, personal injuries by tracey

‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’

Full story

Daily Telegraph, 20th May 2017

Source: www.telegraph.co.uk

Rapist who fled to Pakistan is jailed for nine years – BBC News

Posted May 22nd, 2017 in fugitive offenders, news, Pakistan, rape, sentencing by tracey

‘A man who fled to Pakistan after raping a teenage girl has been jailed after he was caught trying to return to the UK.’

Full story

BBC News, 21st May 2017

Source: www.bbc.co.uk

Afghanistan blast scientist Lee Peters receives MoD payout – BBC News

‘A scientist who lost three fingers when a suspicious package exploded as he handled it has been compensated by the Ministry of Defence.’

Full story

BBC News, 21st May 2017

Source: www.bbc.co.uk

Charities may face criminal sanctions as ‘gagging law’ backdated before election – The Guardian

Posted May 22nd, 2017 in charities, elections, legislation, lobbying, news, retrospectivity, sanctions by tracey

‘UK charities face a permanent “chilling effect” on their campaigns after the Electoral Commission said they must declare any work that could be deemed political over the past 12 months to ensure they are not in breach of the Lobbying Act.’

Full story

The Guardian, 21st May 2017

Source: www.guardian.co.uk