BAILII: Recent Decisions

Posted March 8th, 2018 in law reports by tracey

Supreme Court

Iceland Foods Ltd v Berry (Valuation Officer) [2018] UKSC 15 (7 March 2018)

Court of Appeal (Civil Division)

Wingate & Anor v The Solicitors Regulation Authority [2018] EWCA Civ 366 (07 March 2018)

High Court (Administrative Court)

Daly, R (on the application of) v The Commissioner of Police of the Metropolis & Anor [2018] EWHC 438 (Admin) (07 March 2018)

The Public Prosecutor’s Office of the Appeal Court of Eastern Crete, Greece v Andrew [2018] EWHC 441 (Admin) (06 March 2018)

High Court (Chancery Division)

Wright & Anor (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd [2018] EWHC 402 (Ch) (06 March 2018)

High Court (Family Division)

AG and AB (Children) [2018] EWHC 381 (Fam) (28 February 2018)


Recent Statutory Instruments –

Posted March 8th, 2018 in legislation by tracey

The Financial Services Act 2012 (Mutual Societies) Order 2018

The Co-operative and Community Benefit Societies Act 2014 (Amendments to Audit Requirements) Order 2018

The Building Societies (Restricted Transactions) (Amendment to the Prohibition on Entering into Derivatives Transactions) Order 2018

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2018

The Marine Works (Environmental Impact Assessment) and Marine Strategy (Amendment) Regulations 2018

The Fulfilment Businesses Regulations 2018

The Codes of Practice for the Welfare of Cats, Dogs, and Horses, Ponies, Donkeys and their Hybrids (Appointed Day and Revocations) (England) Order 2018

The Loans for Mortgage Interest and Social Fund Maternity Grant (Amendment) Regulations 2018

The Code of Practice for the Welfare of Meat Chickens and Meat Breeding Chickens (Appointed Day and Revocation) (England) Order 2018

The Social Security Benefits Up-rating Order 2018

The Social Security (Invalid Care Allowance) (Amendment) Regulations 2018

The Guaranteed Minimum Pensions Increase Order 2018


One bad reason need not cancel out withholding of consent –

Posted March 8th, 2018 in appeals, consent, landlord & tenant, leases, news, reasons by tracey

‘A landlord which withholds its consent to a lease assignment will not necessarily be doing so unreasonably where it has multiple reasons for doing so, and only one of those reasons is itself unreasonable.’

Full Story, 7th March 2018


Malnick: section 36 reasonableness and the functus ICO – Panopticon

Posted March 8th, 2018 in appeals, freedom of information, news, tribunals by tracey

‘The Upper Tribunal’s most recent judgment – IC v Malnick and ACOBA (GIA/447/2017) – is a rare thing these days: a binding decision that makes a meaningful and general (rather than fact-specific) contribution to FOIA jurisprudence. In particular, it tells us (1) how to assess the reasonableness of a qualified person’s opinion for section 36 FOIA purposes, and (2) whether the FTT can remit a case to the ICO for a fresh decision if it allows an appeal.’

Full Story

Panopticon, 5th March 2018


Does Grove v S&T herald the dawn of a new regime for payment notice disputes? – Practical Law: Construction Blog

Posted March 8th, 2018 in arbitration, construction industry, contracts, news, notification, remuneration by tracey

‘Unless you have been hiding under a rock (or have been on holiday somewhere), you can’t have failed to notice that Coulson J has handed down his last substantive TCC judgment. So much has already been written about Grove v S&T and what it means for the construction industry that there’s barely been room for anything else on my Twitter and LinkedIn feeds. There really is nowhere to hide from all the commentary.’

Full Story

Practical Law: Construction Blog, 6th March 2018


Burdens of proof, res ipsa loquitur and experts’ joint statements: Saunders v Central Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB) – Zenith PI

‘Two discrete procedural points arise out of Yip J’s decision in Saunders v Manchester University Hospitals NHS Foundation Trust [2018] EWHC 343 (QB). They restate principles which are of considerable practical significance for those preparing and litigating civil claims.’

Full Story

Zenith PI, 6th March 2018


Aktas v Adepta and the difficulty of applying to strike out “second” claim forms – Zenith PI

Posted March 8th, 2018 in appeals, civil procedure rules, claims management, news, striking out by tracey

‘The decision of the Court of Appeal in the cases of Aktas v Adepta [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’

Full Story

Zenith PI, 5th March 2018


Climate Justice and the Global Pact – speech by Lord Carnwath – Supreme Court

Posted March 8th, 2018 in climate change, environmental protection, judges, speeches by tracey

‘Climate Justice and the Global Pact, Judicial Colloquium on Climate Change and the Law in Lahore, Pakistan.’

Full speech

Supreme Court, 26th February 2018


Allocation: Assessment of guideline – Sentencing Council

Posted March 8th, 2018 in courts, Crown Court, magistrates, news, sentencing, trials by tracey

‘The Sentencing Council has published its assessment of the impact of its Allocation Guideline, under its statutory duty to monitor the operation and effect of its sentencing guidelines and to draw conclusions from this information.’

Full text

Full Story

Sentencing Council, 6th March 2018


Big gap between male and female lawyers in perception of gender equality progress, Law Society finds – Legal Futures

Posted March 8th, 2018 in equality, flexible working, legal profession, news, solicitors, women by tracey

‘Three-quarters (74%) of male lawyers believe there has been progress on gender equality in the legal profession over the past five years but less than half (48%) of their female colleagues agree, a global survey has found.’

Full Story

Legal Futures, 8th March 2018


Considerations for care homes on the charging of fees after death – Family Law

Posted March 8th, 2018 in care homes, competition, consultations, elderly, fees, news by tracey

‘In the first of a regular Solicitors for the Elderly (SFE) column for Family Law Claire Davis, Director of SFE, considers the issue of care homes charging fees after death.’

Full Story

Family Law, 5th March 2018


Speech by Lord Justice Jackson: Was it all worth it? – Courts and Tribunals Judiciary

Posted March 8th, 2018 in case management, costs, judges, speeches by tracey

‘Professor Andrews has asked me to give a lecture on civil justice reform today – just 48 hours before I retire. This is, therefore, an appropriate moment to stand back and review my work in this area over the last decade.’

Full speech

Courts and Tribunals Judiciary, 5th March 2018


Data Protection Bill threat to legal privilege – The Bar Council

Posted March 8th, 2018 in barristers, bills, data protection, press releases, privilege by tracey

‘A Bill designed to give citizens more control over their data could end up stripping back the fundamental British right to confidential legal advice, the Bar has warned.’

Full press release

The Bar Council, 5th March 2018


Fluctuating hate crime figures prompt CPS and police to reexamine cases – Law Society’s Gazette

‘The Crown Prosecution Service is working with six police forces to reexamine their hate crime cases to see if the correct decisions were taken following a significant drop in referrals, the director of public prosecutions has revealed.’

Full Story

Law Society's Gazette, 7th March 2018


Integrity is ‘more than mere honesty’ CoA tells solicitors – Law Society’s Gazette

‘Dishonesty and lack of integrity cannot be treated as synonymous for the purposes of assessing a solicitor’s conduct, the Court of Appeal has ruled.’

Full Story

Law Society's Gazette, 8th March 2018


Ofsted head seeks more powers to inspect unregistered schools – The Guardian

Posted March 8th, 2018 in education, news, select committees by tracey

‘The head of the schools watchdog, Ofsted, has called for greater oversight of children who are being educated outside mainstream schools, describing the system in England as “unusually permissive”.’

Full Story

The Guardian, 8th March 2018


M1 death crash lorry driver David Wagstaff cleared of charge – BBC News

Posted March 8th, 2018 in careless driving, dangerous driving, news by tracey

‘A second lorry driver involved in a crash on the M1 that killed eight people has been cleared of causing death by dangerous driving. David Wagstaff had previously admitted eight counts of the lesser charge of causing death by careless driving. Wagstaff, 54, was on a hands-free call when his lorry forced a minibus under a stationary lorry in lane one.
The driver of the other lorry involved, Ryszard Masierak, 31, was convicted on Tuesday of dangerous driving charges.’

Full Story

BBC News, 7th March 2018


Police targeting of dead man’s sister ‘probably influenced by racism’ – The Guardian

Posted March 8th, 2018 in death in custody, families, news, police, racism, reports by tracey

‘The police’s decision to launch a surveillance operation against a woman whose brother had been unlawfully killed in a police station was likely to have been influenced partly by racial discrimination, a leaked report by a watchdog concluded.’

Full Story

The Guardian, 7th March 2018


Next facing £30m equal pay claim from shop-floor staff – The Guardian

Posted March 8th, 2018 in employment, equal pay, news, women by tracey

‘Next is facing a demand for up to £30m in back pay from thousands of mainly female shop-floor staff in the first major equal pay claim against a fashion retailer. More than 300 workers have registered to participate in a claim that was filed at the conciliation service Acas on Wednesday. They say they are paid £7.50 an hour or an average £2 an hour less than mainly male warehouse workers who they view as doing work of equal value. The warehouse staff also have access to more lucrative bonuses.’

Full Story

The Guardian, 8th March 2018


Domestic abusers could be electronically tagged in government crackdown – Daily Telegraph

‘Domestic abusers could be banned from drinking alcohol and electronically tagged under a Government crackdown. New civil orders will expand the potential restrictions courts and police can impose on criminals who torment partners, spouses and other family members.’

Full Story

Daily Telegraph, 8th March 2018