Supreme Court overturns dismissal of appeal because of failure to pay judgment sum into court – Litigation Futures

Posted August 3rd, 2017 in appeals, human rights, news, payment into court, third parties by tracey

‘A Court of Appeal judge was wrong to end an appeal because the appellant company had not complied with a condition to pay the judgment sum into court first and he thought its wealthy owner could have paid instead, the Supreme Court has ruled.’

Full Story

Litigation Futures, 3rd August 2017


Letter from Lord Justice Fulford: Flexible Operating Hours Pilots – Courts and Tribunals Judiciary

Posted August 3rd, 2017 in courts, pilot schemes, press releases, working time by tracey

‘In my capacity as the Judge in Charge of Reform, and in light of public comments – particularly from members of the legal profession – I thought it would be helpful to attempt to demystify the proposed Flexible Operating Hours Pilots. I regret the extent of the widely-broadcast misunderstandings and ill-informed comments from a range of sources.’

full letter

Courts and Tribunals Judiciary, 28th July 2017


BAILII: Recent Decisions

Posted August 3rd, 2017 in law reports by tracey

Supreme Court

Goldtrail Travel Ltd v Onur Air Tasimacilik AS [2017] UKSC 57 (2 August 2017)

Forge Care Homes Ltd & Ors, R (on the application of)v Cardiff and Vale University Health Board & Ors [2017] UKSC 56 (2 August 2017)

Court of Appeal (Civil Division)

Randhawa & Anor v Turpin & Anor [2017] EWCA Civ 1201 (01 August 2017)

Court of Appeal (Criminal Division)

Ali & Ors, R v [2017] EWCA Crim 1211 (02 August 2017)

High Court (Administrative Court)

Williams v Solicitors Regulation Authority [2017] EWHC 2005 (Admin) (02 August 2017)

High Court (Chancery Division)

Hague Plant Ltd v Hague & Ors [2017] EWHC 2021 (Ch) (02 August 2017)

Ball & Ors v Ball & Ors [2017] EWHC 1750 (Ch) (02 August 2017)

Ghadami v Bloomfield & Ors [2017] EWHC 2020 (Ch) (02 August 2017)


Finance and Divorce Update, August 2017 – Family Law Week

‘Naomi Shelton, Associate with Mills & Reeve LLP, analyses the news and case law relating to financial remedies and divorce during July 2017.’

Full Story

Family Law Week, 2nd August 2017


IPCC says sorry to woman handcuffed in cell for 11 hours while pregnant – The Guardian

Posted August 3rd, 2017 in complaints, delay, misfeasance in public office, news, police, pregnancy, restraint by tracey

‘The police watchdog has apologised to a dying mother for investigative failings after she was stripped and handcuffed in a police cell for 11 hours while pregnant.’

Full Story

The Guardian, 2nd August 2017


Rashan Charles, whose death after police chase caused violent protest, did not swallow controlled substance – Daily Telegraph

Posted August 3rd, 2017 in complaints, death in custody, news, police, restraint by tracey

‘A man who died after swallowing an object during a police chase was not concealing a “controlled substance” according to forensic analysis.’

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Daily Telegraph, 2nd August 2017


‘Three Musketeers’ guilty of planning UK terror plot – BBC News

Posted August 3rd, 2017 in conspiracy, news, terrorism by tracey

‘Three men who dubbed themselves the Three Musketeers have been found guilty of plotting a terror attack on a police or military target in the UK.’

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BBC News, 2nd August 2017


Addison Lee suffers latest defeat in legal row over gig economy rights -The Guardian

‘Judge rules cycle courier should have been treated as employed worker with rights to holiday pay and the minimum wage.’

Full Story

The Guardian, 2nd August 2017


Recent Statutory Instruments –

Posted August 2nd, 2017 in legislation by Verity

The Payments to the Churches Conservation Trust Order 2017

The Education (Information About Children in Alternative Provision) (England) (Amendment) Regulations 2017

The Health Act 1999 (Commencement No. 17) Order 2017

The Health Service Medical Supplies (Costs) Act 2017 (Commencement No. 1 and Saving Provision) Regulations 2017


Collection of fees in receivables finance agreement must not be “arbitrary, capricious or irrational” says High Court –

Posted August 2nd, 2017 in banking, Cayman Islands, fees, fiduciary duty, indemnities, news, receivers by tracey

‘The High Court has found that a lender must be rational when exercising its contractual discretion to charge collection fees under a receivables finance agreement. The agreement allowed for fees of up to 15%, however, the maximum chargeable for the lender to remain compliant with its duty was found, in this case, to be 4%.’

Full Story, 1st august 2017


County council apologises for breach of court order in child protection case – Local Government Lawyer

Posted August 2nd, 2017 in care orders, children, local government, news, social services by tracey

‘Gloucestershire County Council has issued an unreserved apology after it was found to have breached a court order in a child protection case.’

Full Story

Local Government Lawyer, 2nd August 2017


London borough wins appeal over housing policy favouring working families – Local Government Lawyer

‘The London Borough of Ealing has won an appeal over to its policy of reserving certain homes for “working families” and “model tenants”.

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Local Government Lawyer, 2nd August 2017


Law firm should have warned property investor clients of “Mafia risk”, CA rules – Legal Futures

‘A law firm with offices in Italy and England has lost its appeal against a High Court ruling that it was under a duty to warn British and Irish property investors of the risks of investing in a part of Italy associated with organised crime.’

Full Story

Legal Futures, 2nd August 2017


Launch of consultation on Criminal Finances Act Codes of Practice – Home Office

‘A 4-week consultation has been launched on the Codes of Practice that will help law enforcement officers confiscate valuable items and other assets acquired using the proceeds of crime as well as tackle the financing of terrorism.’

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Home Office, 31st July 2017


Bar Council responds to Lord Justice Jackson’s FRC proposals – The Bar council

Posted August 2nd, 2017 in civil justice, costs, judges, news, press releases, reports by tracey

‘Responding to the publication today of the Review of Civil Litigation Costs: Supplemental Report – Fixed Recoverable Costs by Lord Justice Jackson,Chair of the Bar, Andrew Langdon QC, said: “Today’s review by Jackson LJ indicates that he has listened carefully to the views of the legal profession and accepted proposals from the Bar Council and others that multi track cases are so varied in character that they do not lend themselves to any rigid costs matrix, and that cost management is working better than had been supposed.”

Full Story

The Bar Council, 31st July 2017


BSB increases efficiency in handling complaints – Bar Standards Board

‘The Bar Standards Board (BSB) has today published its Enforcement Annual Report for 2016-17.’

Full Story

Bar Standards Board, 1st August 2017


Judge spearheading late-night courts confronts the critics – Law Society’s Gazette

Posted August 2nd, 2017 in courts, diversity, judges, legal profession, news, pilot schemes by tracey

‘The senior judge in charge of modernising the courts service has hit out at “ill-informed comments” from lawyers and “misunderstandings” about controversial plans to test out-of-hours courts.’

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Law Society's Gazette, 1st August 2017


Binding agreements in TOLATA claims – Family Law Week

‘Alexander Chandler, barrister, 1 King’s Bench Walk, considers the law and practice of agreements to settle TOLATA claims.’

Full Story

Family Law Week, 28th July 2017


BAILII: Recent Decisions

Posted August 2nd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Commodities Research Unit International (Holdings) Ltd & Ors v QSP Residual Recoveries LLP [2017] EWCA Civ 1197 (01 August 2017)

MS & Anor v The Secretary of State for the Home Department [2017] EWCA Civ 1190 (31 July 2017)

Director of Legal Aid Casework & Ors v Briggs [2017] EWCA Civ 1169 (31 July 2017)

Stevensdrake Ltd (t/a Stevensdrake Solicitors) v Hunt [2017] EWCA Civ 1173 (31 July 2017)

BAE Systems (Operations) Ltd v Konczak [2017] EWCA Civ 1188 (31 July 2017)

Sharp & Anor, R (On the Application Of) v North Essex Magistrates Court [2017] EWCA Civ 1143 (31 July 2017)

Main & Orsv (Giambrone & Law (a firm) & Ors [2017] EWCA Civ 1193 (31 July 2017)

BAT Caribbean SA & Ors v PHP Tobacco Carib SARL & Ors [2017] EWCA Civ 1131 (31 July 2017)

Mionis v Democratic Press SA & Ors [2017] EWCA Civ 1194 (31 July 2017)

Bradbury v British Broadcasting Corporation [2017] EWCA Civ 1144 (28 July 2017)

Ealing London Borough Council v H & Ors, R (On the Application of) [2017] EWCA Civ 1127 (28 July 2017)

Catalano v Espley-Tyas Development Group Ltd [2017] EWCA Civ 1132 (28 July 2017)

Sabbagh v Khoury & Ors [2017] EWCA Civ 1120 (28 July 2017)

Clarise Properties Ltd v Rees & Anor [2017] EWCA Civ 1135 (28 July 2017)

SAE Education Ltd v Revenue And Customs [2017] EWCA Civ 1116 (28 July 2017)

Vining v London Borough of Wandsworth [2017] EWCA Civ 1092 (28 July 2017)

Court of Appeal (Criminal Division)

Smith, R v [2017] EWCA Crim 1174 (31 July 2017)

Rose v R (Rev 1) [2017] EWCA Crim 1168 (31 July 2017)

High Court (Administrative Court)

RT v The Circuit Court in Tarnobrzeg, Poland [2017] EWHC 1978 (Admin) (01 August 2017)

Purcell & Anor v Public Prosecutor of Antwerp & Anor [2017] EWHC 1981 (Admin) (31 July 2017)

Al Rabbat v Westminster Magistrates’ Court [2017] EWHC 1969 (Admin) (31 July 2017)

Bestway National Chemists Ltd (t/a Well Pharmacy), R (On the Application Of) v The Welsh Ministers [2017] EWHC 1983 (Admin) (31 July 2017)

General Medical Council v Theodoropoulos [2017] EWHC 1984 (Admin) (31 July 2017)

Ullah, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 1999 (Admin) (31 July 2017)

Muir, R (On the Application Of) v Wandsworth Borough Council [2017] EWHC 1947 (Admin) (28 July 2017)

Hayat v General Medical Council [2017] EWHC 1899 (Admin) (28 July 2017)

Henley-Smith, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 1948 (Admin) (28 July 2017)

River East Supplies Ltd, R (On the Application Of) v Crown Court at Nottingham [2017] EWHC 1942 (Admin) (28 July 2017)

Abid, R (on the application of) v The Secretary of State for the Home Department [2017] EWHC 1962 (Admin) (28 July 2017)

Government of Rwanda v Nteziryayo & Ors [2017] EWHC 1912 (Admin) (28 July 2017)

Bruton, R (On the Application Of) v The Secretary of State for Justice [2017] EWHC 1967 (Admin) (28 July 2017)

High Court (Chancery Division)

Neumans LLP v The Law Society (The Solicitors Regulation Authority) [2017] EWHC 2004 (Ch) (31 July 2017)

Inhenagwa v Onyeneho [2017] EWHC 1971 (Ch) (28 July 2017)

Officeserve Technologies Ltd & Anor v Anthony-Mike [2017] EWHC 1920 (Ch) (28 July 2017)

Grosvenor Chemicals Ltd & Ors v UPL Europe Ltd & Ors [2017] EWHC 1893 (Ch) (26 July 2017)High Court (Family Division)

High Court (Family Division)

Southend Borough Council v CO & Anor [2017] EWHC 1949 (Fam) (28 July 2017)

D (Appeal : Failure of Case Management) [2017] EWHC 1907 (Fam) (24 July 2017)

High Court (Queen’s Bench Division)

JRM v King’’s College Hospital Foundation Trust [2017] EWHC 1913 (QB) (01 August 2017)

Carter-Brown & Ors v Crown Prosecution Service [2017] EWHC 1955 (QB) (31 July 2017)

Jabang v Wadman & Ors [2017] EWHC 1993 (QB) (31 July 2017)

Miyanji v Secretary of State for the Home Department [2017] EWHC 1939 (QB) (28 July 2017)

BHL v Leumi ABL Ltd [2017] EWHC 1871 (QB) (28 July 2017)


Serious Fraud Office opens investigation into BAT bribery claims – The Guardian

Posted August 2nd, 2017 in bribery, corruption, news, Serious Fraud Office, whistleblowers by tracey

‘Allegations that British American Tobacco was involved in bribery and corruption in Africa are being investigated by the Serious Fraud Office, despite the cigarette company’s attempts to downplay the significance of a whistleblower who handed over a dossier of evidence.’

Full Story

The Guardian, 1st August 2017