BAILII: Recent Decisions

Posted March 23rd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Pemberton v Inwood [2018] EWCA Civ 564 (22 March 2018)

Annetts v Adeleye [2018] EWCA Civ 555 (22 March 2018)

Secretary of State for the Home Department v Olarewaju [2018] EWCA Civ 557 (21 March 2018)

Court of Appeal (Criminal Division)

Stromberg v R [2018] EWCA Crim 561 (22 March 2018)

Criminal Practice Directions 2015 (Amendment No. 6) [2018] EWCA Crim 516 (21 March 2018)

El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)

High Court (Administrative Court)

Szwarc v Regional Court In Gliwice (Poland) [2018] EWHC 589 (Admin) (22 March 2018)

KS & Ors v London Borough of Haringey [2018] EWHC 587 (Admin) (21 March 2018)

Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)

The Director of Public Prosecutions v Sugden [2018] EWHC 544 (Admin) (20 March 2018)

High Court (Chancery Division)

Montreux Capital Management (UK) Ltd & Ors v Godden & Ors [2018] EWHC 495 (Ch) (21 March 2018)

Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)

LRH Services Ltd v Trew & Ors [2018] EWHC 600 (Ch) (21 March 2018)

Barons Finance Ltd v Barons Bridging Finance 1 Ltd & Ors [2018] EWHC 496 (Ch) (21 March 2018)

High Court (Commercial Court)

Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent (aka John Kent) [2018] EWHC 614 (Comm) (22 March 2018)

High Court (Family Division)

A v R & Anor [2018] EWHC 521 (Fam) (21 March 2018)

High Court (Queen’s Bench Division)

Herbert v HH Law Ltd [2018] EWHC 580 (QB) (21 March 2018)

Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 605 (QB) (20 March 2018)


Step-parent adoption order set aside where court misled – Halsbury’s Law Exchange

Posted March 23rd, 2018 in adoption, misrepresentation, news, setting aside by tracey

‘Family analysis: A father’s appeal out of time was allowed and a step-parent adoption order set aside as a result of deception by the applicants. Nasstassia Hylton, barrister at 1 Garden Court Chambers, considers the decision in Re J (Adoption: Appeal) [2018] EWFC 8 and looks at the serious consequences of giving false information to the courts.’

Full Story

Halsbury’s Law Exchange, 22nd March 2018


Court casts doubt on who bears risk of obtaining planning permission –

Posted March 23rd, 2018 in construction industry, contracts, news, planning, time limits by tracey

‘The employer under a standard form construction contract is not under an absolute obligation to obtain planning permission or conservation consent before the works can go ahead, the Court of Appeal has ruled.’

Full Story, 22nd March 2018


Supreme Court: use of corporate vehicles did not avoid limitation exception –

‘Company directors were said to be responsible for assets despite their use of corporate vehicles, the Supreme Court has ruled (12-page / 157KB PDF). The ruling means that a six year limitation period stopping liquidators taking legal action against the directors does not apply. This case will impact future misfeasance actions. Director and officer indemnity insurers should take note of this decision as it confirms that the English courts are unwilling to accept the six-year limitation defence for actions against directors following the disposal of company assets in breach of fiduciary duty for economic gain.’

Full Story, 23rd March 2018


International child abduction proceedings: key points to note from the latest President’s guidance – Family Law

Posted March 23rd, 2018 in case management, child abduction, family courts, news, practice directions by tracey

‘On 13 March 2018, a new practice direction was issued by the President concerning Case Management and Mediation of International Child Abduction Proceedings.
A practice direction tells anyone involved in judicial proceedings how to manage the case and interpret the Court rules. The practice guidance has been issued by the President to ensure all applications are appropriately case managed – whether commenced by a without notice application or on notice. The guidance deals with a number of aspects of child abduction proceedings, but practitioners should take note in particular of the changes made in relation to without notice applications and mediation.’

Full Story

Family Law, 21st March 2018


Bloom v Bloom: The risks of failing to provide full and frank disclosure in financial remedy proceedings – Family Law

‘Bloom v Bloom [2018] Lexis Citation 16 concerned the applicant wife’s application that judgments in the financial remedy proceedings, where the respondent husband had been found to have defrauded her parents, should be published un-anonymised. The application was granted.’

Full Story

Family Law, 22nd March 2018


Former Salvation Army members convicted of sexual abuse in 70s and 80s – Crown Prosecution Service

‘Three men have today been found guilty of sexually abusing young female members of the Salvation Army in Blackpool in the 1970s and 1980s.’

Full press release

Crown Prosecution Service, 22nd March 2018


Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border – Courts and Tribunals Judiciary

‘Speech by Sir James Munby: Changing families – family law yesterday, today and tomorrow – a view from south of the Border.’

Full speech

Courts and Tribunals Judiciary, 21st March 2018


Lawyers, Legal Language and Fact-finding Hearings under Part IV of the Children Act 1989 – Family Law Week

Posted March 23rd, 2018 in care orders, domestic violence, evidence, families, family courts, news by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, discusses what lessons can be learned from the Court of Appeal’s judgment in R (Children) [2018] EWCA Civ 198.’

Full Story

Family Law Week, 16th March 2018


Villiers v Villiers: An Update – Family Law Week

Posted March 23rd, 2018 in choice of forum, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Michal Horton and Alex Laing, both of Coram Chambers, report on the latest developments in a case that has attracted widespread attention in the press.’

Full Story

Family Law Week, 22nd March 2018


UK solicitor cleared of forcing daughter to undergo FGM – The Guardian

Posted March 23rd, 2018 in female genital mutilation, news, prosecutions by tracey

‘Case is second FGM prosecution brought to court in UK, both of which have resulted in acquittals.’

Full Story

The Guardian, 22nd March 2018


Ex-Army sergeant major avoids prison over ‘terrifying sex attack’ on 14-year-old schoolgirl – The Independent

‘An ex-Army sergeant major who carried out a “terrifying” sex attack on a 14-year-old girl has avoided prison.’

Full Story

The Independent, 22nd March 2018


Metropolitan Police admits role in blacklisting construction workers – BBC News

Posted March 23rd, 2018 in construction industry, London, news, police, trade unions by tracey

‘Scotland Yard has admitted Special Branch officers passed information to a controversial network that blacklisted construction workers. It follows a six-year battle to find out if the Metropolitan Police supplied the intelligence on trade unionists.’

Full Story

BBC News, 23rd March 2018


Pilot charged with manslaughter over Shoreham Airshow disaster which killed 11 people – Daily Telegraph

Posted March 23rd, 2018 in aircraft, homicide, negligence, news, prosecutions, public interest by tracey

‘The pilot of an aircraft which crashed and killed 11 people has been charged with 11 counts of manslaughter by gross negligence.’

Full Story

Daily Telegraph, 21st March 2018


UK parties poised to gain data powers to work out how people are likely to vote, despite the Cambridge Analytica scandal – The Indepndent

Posted March 23rd, 2018 in bills, consent, data protection, news, political parties, privacy by tracey

‘Britain’s political parties are poised to grant themselves special powers to use personal data to find out how people are likely to vote, despite the Cambridge Analytica scandal, The Independent can reveal.’

Full Story

The Indepndent, 23rd March 2018


Take the blame out of divorce to help those trapped in ‘loveless’ marriages, says top family judge – Daily Telegraph

Posted March 23rd, 2018 in divorce, judges, marriage, news, reasons by tracey

‘No-fault divorce should be introduced to help women who are “trapped in a loveless marriage”, Britain’s top family judge has suggested.’

Full Story

Daily Telegraph, 22nd March 2018


Home Office subcontractors force asylum seekers to share bedrooms in breach of council policy – The Independent

Posted March 23rd, 2018 in asylum, contracting out, housing, news by tracey

‘A company subcontracted by the Home Office to run housing for asylum seekers is continuing to force residents to share bedrooms despite the local council banning the practice.
Newcastle City Council banned forced bedroom sharing, which sees unrelated asylum-seeking adults forced to share bedrooms with one another, in March 2017 following widespread public outcry.’

Full Story

The Independent, 23rd March 2018


Theresa May refuses to intervene over man’s £54,000 NHS cancer bill – The Guardian

Posted March 23rd, 2018 in cancer, immigration, medical treatment, news, passports by tracey

‘Theresa May has refused to intervene in the case of Albert Thompson, the London cancer patient asked to pay £54,000 for treatment despite having lived in the UK for 44 years, as it emerged that there could be tens of thousands of people in a similarly uncertain immigration position.’

Full Story

The Guardian, 22nd May 2018


Gay priest Jeremy Pemberton’s discrimination appeal dismissed – BBC News

‘A gay clergyman stopped from becoming a hospital chaplain has lost his appeal over a discrimination claim against the Church of England.’

Full Story

BBC News, 22nd March 2018