BAILII: Recent Decisions

Posted June 5th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2017] EWCA Civ 400 (25 May 2017)

Hancock & Anor v Revenue & Customs [2017] EWCA Civ 198 (25 May 2017)

Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

Greene King Brewing And Retailing Ltd & Anor v The Gambling Commission [2017] EWCA Civ 372 (25 May 2017)

Court of Appeal (Criminal Division)

Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

Morfitt, R v [2017] EWCA Crim 669 (25 May 2017)

High Court (Administrative Court)

C, R (on the application of) v The London Borough of Islington [2017] EWHC 1288 (Admin) (31 May 2017)

General Medical Council v Jagjivan & Anor [2017] EWHC 1247 (Admin) (26 May 2017)

SS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2017] EWHC 1295 (Admin) (26 May 2017)

Heathrow Airport Ltd v Office of Rail And Road [2017] EWHC 1290 (Admin) (26 May 2017)

RM v The Secretary of State for the Home Department [2017] EWHC 1262 (Admin) (26 May 2017)

High Court (Chancery Division)

The Co-Operative Bank Plc v Desmond Victor John Phillips [2017] EWHC 1320 (Ch) (02 June 2017)

Capita Plc & Anor v Darch & Ors [2017] EWHC 1248 (Ch) (26 May 2017)

Richard v British Broadcasting Corporation (BBC) & Anor [2017] EWHC 1291 (Ch) (26 May 2017)

Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch) (23 May 2017)

High Court (Commercial Court)

Dalecroft Properties Ltd v Underwriters Subscribing To Certificate Number… [2017] EWHC 1263 (Comm) (26 May 2017)
Latin American Investments Ltd v Maroil Trading Inc & Anor [2017] EWHC 1254 (Comm) (26 May 2017)

Watson & Ors v Ltd [2017] EWHC 1275 (Comm) (25 May 2017)

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm) (25 May 2017)

Ahmed & Anor v Ali Khalifa [2017] EWHC 1198 (Comm) (23 May 2017)

High Court (Family Division)

A and O (Children : Scotland), Re [2017] EWHC 1293 (Fam) (26 May 2017)

High Court (Patents Court)

Chugai Pharmaceutical Co Ltd v UCB Pharma SA [2017] EWHC 1216 (Pat) (26 May 2017)

High Court (Queen’s Bench Division)

Stewart & Anor v The Commissioner of Police of the Metropolis [2017] EWHC 1307 (QB) (30 May 2017)

Velarde v Guy’s & St Thomas NHS Foundation Trust [2017] EWHC 1250 (QB) (26 May 2017)

Anglia Research Services Ltd & Ors v Finders Genealogists Ltd & Anor [2017] EWHC 1277 (QB) (26 May 2017)

JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) (25 May 2017)

High Court (Technology and Construction Court)

GB Building Solutions Ltd v SFS Fire Services Ltd (t/a Central Fire Protection) [2017] EWHC 1289 (TCC) (25 May 2017)

Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) (Hearing 19 May 2017)

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 5th, 2017 in appeals, government departments, immigration, news, tribunals by tracey

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

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Free Movement, 5th June 2017


Interviewing a ward of court – UK Police Law Blog

Posted June 5th, 2017 in consent, courts, news, police, police interviews, practice directions, wardship by tracey

‘The judgment in Re Ward of Court [2017] EWHC 1022 (Fam) answers with a resounding “no”, the question of whether the court’s consent is required before the police can interview a ward of court. A simple point, one might think, but there was, according to Sir James Munby, President of the Family Division, a “startling lack of clarity in the law” on this issue.’

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UK Police Law Blog, 4th June 2017


Solicitors lose claim over losses caused by tax mitigation schemes – Legal Futures

Posted June 5th, 2017 in accountants, law firms, negligence, news, solicitors, tax avoidance by tracey

‘Partners at a leading personal injury law firm have lost a professional negligence action against the accountants who recommended they sign up to two ultimately unsuccessful tax mitigation schemes.’

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Legal Futures, 5th June 2017


Socrates case stayed for quantum discussions as tribunal orders Law Society to pay up to £230,000 in costs – Legal Futures

‘The fall-out from the decision that the Law Society breached competition law looks set to last for several more months after the Competition Appeal Tribunal laid out the timetable for determining damages.’

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Legal Futures, 5th June 2017


Innovation happening, but no strong need to change the traditional chambers model, say respondents to BSB survey – Bar Standards Board

‘The Bar Standards Board (BSB) has today published its report into the provision of legal services by barristers. The report contains the results of an online survey conducted in September and October 2016 with barristers about the future delivery of legal services.’

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Bar Standards Board, 30th May 2017


The Bar Council invites the adoption of a new Court Sitting Hours’ Protocol – The Bar Council

Posted June 5th, 2017 in barristers, courts, news, tribunals, women by tracey

‘The Bar Council invites the adoption of a new Court Sitting Hours’ Protocol.’

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The Bar Council, 1st June 2017


Romanian nurse suspended for failing to understand English – Daily Telegraph

‘A Romanian nurse hired after being interviewed via Skype put patients’ health at risk because his English was so bad, a tribunal has heard.’

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Daily Telegraph, 2nd June 2017


HMP Wandsworth loses reform prison status – The Guardian

Posted June 5th, 2017 in London, news, prison officers, prisons, rehabilitation by tracey

‘The future of the government’s reform prisons has been thrown into doubt after Wandsworth prison, seen as the flagship of the scheme, lost its status and reverted back to a normal prison.’

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The Guardian, 4th June 2017