BAILII: Recent Decisions

Posted January 18th, 2018 in law reports by tracey

Court of Appeal (Civil Division) Decisions

Nixon & Anor, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 3 (17 January 2018)

Whiting v First/Keolis Transpennine Ltd [2018] EWCA Civ 4 (17 January 2018)

hilakawardhana, R (on the application of) v Office of the Independent Adjudicator for Higher Education & Anor [2018] EWCA Civ 13 (17 January 2018)

Premier Paper Group Ltd v Buchanan McPherson Ltd [2018] EWCA Civ 15 (17 January 2018)

B (A Child) (care proceedings) [2018] EWCA Civ 20 (17 January 2018)

Maguire & Ors, R (on the application of) v Leeds Safeguarding Children Board [2018] EWCA Civ 6 (17 January 2018)

High Court (Queen’s Bench Division)

Coghlan v Cheshire Police & Ors [2018] EWHC 34 (QB) (17 January 2018)

Source: www.bailii.org

Man and female friend jailed for life for murder of his wife in Leeds – The Guardian

Posted January 18th, 2018 in assisting offenders, conspiracy, murder, news, sentencing by tracey

‘A man and his female friend have been sentenced to life in prison for murdering his wife and dumping her body in woodland.’

Full Story

The Guardian, 17th January 2018

Source: www.theguardian.com

PPI firm fined £350,000 for making 75 million spam calls in four months – The Independent

‘A PPI company that made 75 million nuisance calls in just four months has been fined £350,000 by the Information Commissioner’s Office. The director of Miss-sold Products UK Ltd will not face any punishment despite the company he ran “blatantly ignoring the law” because of shortcomings in existing legislation, the ICO said on Wednesday.’

Full Story

The Independent, 17th January 2018

Source: www.independent.co.uk

Serial sex attacker Kirk Reid to be considered for release from jail – The Guardian

Posted January 18th, 2018 in news, probation, rape, recidivists, release on licence, sexual offences by tracey

‘A serial sex attacker who was allowed to continue his spree of violence after police failures is being considered for release by the Parole Board.’

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The Guardian, 17th January 2018

Source: www.theguardian.com

BT faces £120m Phones 4u claim after High Court defeat – Daily Telegraph

Posted January 18th, 2018 in contracts, insolvency, news, private equity, telecommunications by tracey

‘Phones 4u has dealt a blow to Britain’s biggest mobile operator from beyond the grave, winning a key battle in a long campaign by its administrators to extract £120m in unpaid commission from EE.’

Full Story

Daily Telegraph, 17th January 2018

Source: www.telegraph.co.uk

Private probation firms face huge losses despite £342m ‘bailout’ – The Guardian

Posted January 18th, 2018 in contracting out, criminal justice, news, probation, select committees, sentencing by tracey

‘Private probation companies responsible for supervising more than 200,000 offenders in England and Wales face total losses of more than £100m, even after a £342m “bailout” by the Ministry of Justice, MPs have been told.’

Full Story

The Guardian, 17th January 2018

Source: www.theguardian.com

Home Office pays out £15,500 to asylum seeker over data breach – The Guardian

Posted January 18th, 2018 in asylum, compensation, data protection, news by tracey

‘The Home Office has paid out £15,500 in compensation after admitting handing over sensitive information about an asylum seeker to the government of his Middle East home country, a move which could have endangered his life and that of his family.’

Full Story

The Guardian, 17th January 2018

Source: www.theguardian.com

Coroner’s concern over ‘fixie’ bikes after Italian aristocrat killed falling under truck on cycle without brakes – Daily Telegraph

Posted January 18th, 2018 in accidents, bicycles, health & safety, inquests, news by tracey

‘A coroner has raised concerns about fixed-gear bikes with no front brakes, as she heard how an Italian aristocrat died after falling under the wheels of a truck.’

Full Story

Daily Telegraph, 17th January 2018

Source: www.telegraph.co.uk

High Court admits people have been wrongly jailed for not paying council tax – The Independent

‘The High Court has admitted up to 17 people in England and Wales were unlawfully sent to jail for not paying their council tax last year – but it refused to accept this constituted “systematic failings” by the courts.’

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The Independent, 17th January 2018

Source: www.independent.co.uk

American YouTube star wins revenge porn case after becoming first to sue in British courts – Daily Telegraph

Posted January 18th, 2018 in damages, harassment, internet, news, pornography by tracey

‘An American actress and singer is to receive revenge porn damages from her ex-boyfriend after becoming the first person to sue in the British courts.’

Full Story

Daily Telegraph, 17th January 2018

Source: www.telegraph.co.uk

Surrey ‘mailbag thief’ jailed in 1976 overturns conviction – BBC News

‘A man who served eight months in a youth jail for stealing mailbags in the 1970s has had his name cleared.’

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BBC News, 17th January 2018

Source: www.bbc.co.uk

BBC star Emily Maitlis’ harasser sentenced – BBC News

Posted January 17th, 2018 in harassment, news, restraint orders, sentencing by sally

‘A former friend of Newsnight presenter Emily Maitlis, who harassed her for two decades, has been jailed for contacting her from prison.’

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BBC News, 16th January 2018

Source: www.bbc.co.uk

Lord Keen: Greater involvement by CMCs “beneficial” for personal injury market – Legal Futures

Posted January 17th, 2018 in claims management, news, personal injuries by sally

‘Justice minister Lord Keen said today that if the government’s personal injury reforms lead to greater involvement by “good” claims management companies (CMCs), it could be “beneficial” for the market.’

Full Story

Legal Futures, 16th January 2018

Source: www.legalfutures.co.uk

Ealing Council paves way to ban anti-abortion protesters – BBC News

Posted January 17th, 2018 in abortion, consultations, demonstrations, local government, news by sally

‘A council has moved to ban anti-abortion protesters from outside a Marie Stopes clinic in west London.’

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BBC News, 16th January 2018

Source: www.bbc.co.uk

Co-op launches even quicker online divorce service – The Guardian

Posted January 17th, 2018 in divorce, electronic filing, news by sally

‘Couples seeking “quickie divorces” can make the process even speedier as a result of a new online service launched by the Co-op.’

Full Story

The Guardian, 16th January 2018

Source: www.theguardian.com

We need to improve disclosure, CPS admits as rape trial abandoned – Law Society’s Gazette

Posted January 17th, 2018 in Crown Prosecution Service, disclosure, evidence, news, rape by tracey

‘The Crown Prosecution Service has admitted that it needs to improve its disclosure of unused material after a rape trial was abandoned yesterday because vital phone evidence was not disclosed.’

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Law Society's Gazette, 16th January 2017

Source: www.lawgazette.co.uk

Gender Recognition, Self-Determination and Segregated Space – Oxford Human Rights Hub

Posted January 17th, 2018 in consultations, gender, news, sexual offences by sally

‘In July 2017, the Government announced a public consultation on legal gender recognition in the United Kingdom. In particular, it will invite opinion and advice on plans to adopt a model of self-determination (similar to that currently applied in other European jurisdictions, such as Ireland). Self-determination would allow trans persons to obtain a Gender Recognition Certificate on the basis of a statutory declaration, without oversight by a Gender Recognition Panel (s. 1 of the Gender Recognition Act 2004 (GRA 2004)), a diagnosis of gender dysphoria or having to prove real life experience (GRA 2004, s. 2).’

Full Story

Oxford Human Rights Hub, 16th January 2018

Source: ohrh.law.ox.ac.uk

Modern slavery victims ‘hidden in plain sight’, councils warn – BBC News

Posted January 17th, 2018 in news, trafficking in human beings by sally

‘Householders could “unwittingly” be hiring victims of modern slavery to wash their cars, paint their nails or lay their drives, councils are warning.’

Full Story

BBC News, 17th January 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 17th, 2018 in legislation by tracey

The Nuclear Installations (Prescribed Sites and Transport) Regulations 2018

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2018

The Seafarers (Transnational Information and Consultation, Collective Redundancies and Insolvency Miscellaneous Amendments) Regulations 2018

The Goods and Motor Vehicles (Miscellaneous Amendments) Regulations 2018

The Wireless Telegraphy (Ultra-Wideband Equipment) (Exemption) (Amendment) Regulations 2018

The Designs (International Registration of Industrial Designs) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 17th, 2018 in law reports by tracey

High Court (Administrative Court)

Malarz v Regional Court of Opole, Poland [2018] EWHC 28 (Admin) (16 January 2018)

High Court (Chancery Division)

ACLBDD Holdings Ltd & Ors v Staechelin & Ors [2018] EWHC 44 (Ch) (16 January 2018)

Wesley v Chantler & Ors [2018] EWHC 21 (Ch) (16 January 2018)

High Court (Commercial Court)

Phones 4u Ltd v EE Ltd [2018] EWHC 49 (Comm) (16 January 2018)

Apollo Ventures Co Ltd v Manchanda & Ors [2018] EWHC 58 (Comm) (11 January 2018)

High Court (Queen’s Bench Division)

Teign Housing v Lane [2018] EWHC 40 (QB) (16 January 2018)

High Court (Technology and Construction Court)

Bombardier Transportation UK Ltd v Merseytravel & Anor [2018] EWHC 41 (TCC) (17 January 2018)

Source: www.bailii.org