Day: 21 March 2018
BAILII: Recent Decisions
Court of Appeal (Civil Division)
The Secretary of State for Work And Pensions v Carmichael & Anor [2018] EWCA Civ 548 (20 March 2018)
Kaur & Ors v The Secretary of State for the Home Department [2018] EWCA Civ 411 (20 March 2018)
Court of Appeal (Criminal Division)
Ali, R v [2018] EWCA Crim 547 (20 March 2018)
High Court (Chancery Division)
Faichney & Anor v Aquila Advisory Ltd & Ors [2018] EWHC 565 (Ch) (20 March 2018)
Toone & Anor v Robbins & Anor [2018] EWHC 569 (Ch) (20 March 2018)
High Court (Technology and Construction Court)
Source: www.bailii.org
Consummation and the validity of marriage: X (A Child: foreign surrogacy) – Law & Religion UK
‘Is consummation necessary to render a marriage valid? “Yes”, assumed non-specialist ignoramuses (like me): “No”, says the President of the Family Division.
In X (A Child: foreign surrogacy) [2018] EWFC 15, Sir James Munby P had been asked to make a parental order in accordance with s.54 of the Human Fertilisation and Embryology Act 2008, which requires that the applicants “must be … husband and wife”.’
Law & Religion UK, 19th March 2018
Source: www.lawandreligionuk.com
Uncertainty over privilege likely to lead to insurance case appeal – OUT-LAW.com
‘The High Court’s ruling that an insurance policy holder cannot be forced to disclose documents covered by litigation privilege is open to appeal because of apparent inconsistencies in the ruling’s approach to privilege.’
OUT-LAW.com, 20th March 2018
Source: www.out-law.com
Oral construction contracts and issues in adjudication enforcement – Practical Law: Construction Blog
‘Two recent judgments illustrate the difficulties that oral contracts can cause in adjudication enforcement proceedings. The first was Jefford J’s judgment in Hart v Ideal and the second (although actually the first in time) was Fraser J’s judgment in Dacy v IDM (which had also been before Jefford J a couple of years earlier).’
Practical Law: Construction Blog, 20th march 2018
Supreme Court decision today: salt sensitisation is an actionable injury – Zenith PI
‘In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action.’
Zenith PI, 21st March 2018
Source: zenithpi.wordpress.com
Justice Secretary unveils new bill to cut car insurance premiums – Ministry of Justice
‘Justice Secretary David Gauke today (20 March 2018) unveiled the Civil Liability Bill, offering hope of lower insurance premiums to millions of motorists.’
Ministry of Justice, 20th March 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
Speech by Sir Terence Etherton MR: Civil Justice after Jackson – Courts and Tribunals Judiciary
‘Speech by Sir Terence Etherton MR: Civil Justice after Jackson.’
Courts and Tribunals Judiciary, 19th March 2018
Source: www.judiciary.gov.uk
Judge dismisses challenge to removal of foster carer from approved list – Local Government Lawyer
‘Liverpool City Council acted properly when it removed a foster carer from its approved list, a High Court judge has decided.’
Local Government Lawyer, 20th March 2018
Source: www.localgovernmentlawyer.co.uk
Court of Appeal backs decision to put neighbourhood plan to referendum – Local Government Lawyer
‘Leeds City Council did not act unlawfully when it put a neighbourhood plan to a referendum after modifications had been made that partly differed from those recommended by the examiner, the Court of Appeal has said.’
Local Government Lawyer, 20th March 2018
Source: www.localgovernmentlawyer.co.uk
Insurers and claimant lawyers clash over impact of Civil Liability Bill on motor premiums – Legal Futures
‘Publication of the Civil Liability Bill yesterday met with a polarised response and a commitment from the chief executives of 26 leading insurance companies to pass on the savings to customers – dismissed as empty promises by claimant solicitors.’
Legal Futures, 21st March 2018
Source: www.legalfutures.co.uk
Drink driver jailed for killing girl returning from birthday party – Crown Prosecution Service
‘A man who drank nine pints of lager and took cocaine before crashing into a group of schoolchildren, killing a 16-year-old girl, has been sentenced to 10 years in prison for causing death by dangerous driving and given a nine year driving ban.’
Crown Prosecution Service, 20th March 2018
Source: www.cps.gov.uk
Speech by Lord Justice McFarlane: Contact: a point of view – Courts and Tribunals Judiciary
‘Speech by Lord Justice McFarlane: Contact: a point of view.’
Courts and Tribunals Judiciary, 20th March 2018
Source: www.judiciary.gov.uk
Speech by Sir Ernest Ryder, Senior President of Tribunals: Assisting Access to Justice – Courts and Tribunals Judiciary
‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Assisting Access to Justice.’
Courts and Tribunals Judiciary, 20th March 2018
Source: www.judiciary.gov.uk
Grenfell inquiry to have most core participants in UK history – The Guardian
‘More than 530 individuals and organisations have been granted core participant status for the Grenfell Tower fire inquiry, which resumes preliminary hearings on Wednesday. The number of accredited parties underlines the breadth of the disaster’s impact and the challenge facing Sir Martin Moore-Bick, the retired appeal court judge chairing the investigation. Three individuals are being allowed to remain anonymous. It is believed to be the largest number accredited to a public inquiry in the UK.’
The Guardian, 20th March 2018
Source: www.theguardian.com
Photobox ad showing boy sitting on dog cleared after complaints – BBC News
‘Adverts for the photo printing site Photobox have been cleared by a watchdog after it received 212 complaints.’
BBC News, 21st March 2018
Source: www.bbc.co.uk
Nurse and midwife misconduct hearings may be held in secret – Daily Telegraph
‘Nurses and midwives will rarely be subject to public misconduct hearings and could avoid any sanctions for errors if they admit blunders early, under controversial new plans.
The Nursing and Midwifery Council (NMC) wants to replace “cumbersome and adversarial” fitness to practice processes with a system that could mean most cases being heard behind closed doors.’
Daily Telegraph, 20th March 2018
Source: www.telegraph.co.uk
Damning report finds ‘serious failings’ in NHS mental health services – The Guardian
‘Vulnerable mental health patients are suffering serious harm, and in some cases dying, because of “serious failings” in their treatment, the NHS ombudsman has warned. Mistakes such as failing to diagnose or treat patients properly and discharging them from hospital too soon can have “catastrophic consequences”, said Rob Behrens.’
The Guardian, 21st March 2018
Source: www.theguardian.com
