Recent Statutory Instruments –

Posted April 23rd, 2018 in legislation by tracey

The Network and Information Systems Regulations 2018

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 2) Regulations 2018

The Civil Enforcement of Traffic Contraventions (Consequential Amendments) (England) Regulations 2018

The Export (Penalty) (Amendment) Regulations 2018

The Pigs (Records, Identification and Movement) (Amendment) Order 2018


BAILII: Recent Decisions

Posted April 23rd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

London Borough of Lambeth v Secretary of State for Communities And Local Government & Ors [2018] EWCA Civ 844 (20 April 2018)

Moorthy v Revenue And Customs [2018] EWCA Civ 847 (20 April 2018)

Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851 (20 April 2018)

Green v Southern Pacific Mortgage Ltd & Anor [2018] EWCA Civ 854 (20 April 2018)

High Court (Administrative Court)

SC & Ors v Secretary of State for Work And Pensions & Ors[2018] EWHC 864 (Admin) (20 April 2018)

Mazana, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 650 (Admin) (20 April 2018)

High Court (Chancery Division)

Old Mutual Plc, Re [2018] EWHC 873 (Ch) (20 April 2018)

Lifestyle Equities CV & Anor v Sportsdirect.Com Retail Ltd & Ors [2018] EWHC 728 (Ch) (20 April 2018)

Nutt & Anor v Nutt [2018] EWHC 851 (Ch) (19 April 2018)

High Court (Commercial Court)

Joseph v LEBC Group Ltd [2018] EWHC 876 (Comm) (20 April 2018)

Akcine Bendrove Bankas Snoras v Antonov & Ors [2018] EWHC 887 (Comm) (20 April 2018)

High Court (Queen’s Bench Division)

Farah v Abdullahi & Ors [2018] EWHC 738 (QB) (20 April 2018)


Prejudice to commercial interests – Local Government Law

Posted April 23rd, 2018 in disclosure, freedom of information, news, public interest by tracey

‘In Case No. EA/2017/0057, Hartlepool Borough Council v The Information Commissioner, the FTT was concerned with whether under FoIA Section 43(2) disclosure would or would be likely to prejudice the commercial interests of any party and if so whether the public interest in maintaining that exemption outweighs the public interest in disclosure. The FTT upheld the Commissioner’s Decision that the disputed information must be disclosed. The Borough Council’s Appeal was dismissed.’

Full Story

Local Government Law, 18th April 2018


Insurer must compensate solicitor whose clients it induced to settle –

Posted April 23rd, 2018 in compensation, costs, fees, insurance, news, personal injuries, solicitors by tracey

‘An insurer which offered to settle directly with personal injury claimants who had filed notices of their claims on the Road Traffic Accidents Portal (RTA Portal) must compensate the claimants’ solicitors, who would otherwise have been entitled to costs by virtue of a conditional fee agreement (CFA).’

Full Story, 20th April 2018


Supreme Court limits ‘negotiating damages’ for restrictive covenant breaches –

Posted April 23rd, 2018 in damages, economic loss, news, restrictive covenants, Supreme Court by tracey

‘Damages awarded to the owners of a care business for the breach by their former business partners of a non-compete clause and other restrictive covenants should be calculated based on their actual financial loss, rather than hypothetical “negotiating damages”, the UK’s highest court has ruled.’

Full Story, 20th April 2018


Veronika Fikfak and Hayley J. Hooper: Whither the War Powers Convention? What Next for Parliamentary Control of Armed Conflict after Syria? – UK Constitutional Law Association

‘On Friday 13 April 2018 the Royal Air Force participated in air strikes (together with the United States and France) to degrade the Syrian regime’s chemical weapons capability and to deter further chemical attacks. This intervention in Syria was not authorised by the UN Security Council, nor was the involvement of British troops approved by the House of Commons. Instead, the decision to send British forces to Syria was made by The Prime Minister Theresa in conjunction with the Cabinet. Readers can view her public statement from 14 April 2018 here. Events unfolded this way despite governmental acknowledgement of a War Powers Convention in the 2011 Cabinet Manual.’

Full Story

UK Constitutional Law Association, 20th April 2018


Headline- Round Up: Sir Cliff Richard’s case against the BBC reaches the High Court – UK Human Rights Blog

Posted April 23rd, 2018 in data protection, media, news, privacy by tracey

‘The legal battle between Sir Cliff Richard and the BBC has begun in the High Court. In August 2014, police raided Sir Cliff’s home based on an allegation of historic child sexual abuse. The BBC broadcast live footage of the raid filmed from a helicopter. The singer was interviewed under caution, but never charged. Sir Cliff alleges that the BBC’s coverage of the police raid on his home was a serious invasion of his right to privacy, for which there was no lawful justification. He also alleges breaches of his data protection rights. The singer seeks substantial general damages, plus £278,000 for legal costs, over £108,000 for PR fees which he spent in order to rebuild his reputation, and an undisclosed sum relating to the cancellation of his autobiography’s publication. He began giving evidence on the first day of the hearing.’

Full Story

UK Human Rights Blog, 23rd April 2018


Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – Supreme Court Blog

Posted April 23rd, 2018 in confiscation, enforcement, news, statutory interpretation, Supreme Court by tracey

‘On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation which have been determined by the House of Lords, Privy Council or Supreme Court over the past 24 years.’

Full Story

Supreme Court Blog, 20th April 2018


Council publishes independent review – Sentencing Council

Posted April 23rd, 2018 in reports, sentencing, statutory duty by tracey

‘In 2017 the Sentencing Council commissioned an independent academic to carry out an internal review to support the Council in considering how best it could exercise its statutory functions and to make recommendations on areas of work it might want to consider taking forward in the future. The work was undertaken by Professor Sir Anthony Bottoms, Emeritus Professor at the Institute of Criminology, University of Cambridge, and his colleague, Dr Jo Parsons. The Council welcomes this Review, which we are publishing today alongside a summary of the work we are taking forward as a result.’

Full report

Sentencing Council, 18th April 2018


Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures

‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 23rd April 2018


Bar Council finds mixed picture of success for BME graduates getting BPTC places and pupillages – Legal Futures

Posted April 23rd, 2018 in barristers, minorities, news, pupillage, statistics by tracey

‘The link between ethnicity and success on the Bar professional training course and in attaining pupillage is more nuanced than the big gap between white and non-white candidates presented by the Bar Standards Board (BSB), the Bar Council has claimed.’

Full Story

Legal Futures, 23rd April 2018


The courts’ jurisdiction to vary capital orders – Family Law

‘Family analysis: Clare Williams, associate at JMW Solicitors LLP, examines the limited scope for the variation of capital orders, and diverging judicial views on the jurisdiction of the court to make an interim order for sale, in the case of SR v HR [2018] EWHC 606 (Fam), [2018] All ER (D) 176 (Mar) where an added complication was the bankruptcy of the husband.’

Full Story

Family Law, 20th April 2018


Man jailed for setting his neighbour alight – Crown Prosecution Service

Posted April 23rd, 2018 in attempted murder, attempts, murder, press releases, sentencing by tracey

‘A man who doused his neighbour with petrol and set her alight has been jailed for 19 years.’

Full press release

Crown Prosecution Service, 20th April 2018


Men jailed for taking £1million as part of pension fund fraud – Crown Prosecution Service

Posted April 23rd, 2018 in fraud, pensions, press releases, sentencing by tracey

‘Two men who tricked investors into transferring their pensions to a fake scheme before spending almost £1million of the funds have been jailed.’

Full press release

Crown Prosecution Service, 23rd April 2018


Man who sexually abused 6 year old girl jailed for longer after Solicitor General intervenes in case – Attorney General’s Office

Posted April 23rd, 2018 in appeals, child abuse, press releases, sentencing, sexual offences by tracey

‘A man who sexually abused a 6 year old girl has had his sentence increased after the Solicitor General, Robert Buckland QC MP, appealed it for being too low.’

Full press release

Attorney General’s Office, 20th April 2018


Getting the Most Out of Independent Reviewing Officers in Care Proceedings – Family Law Week

Posted April 23rd, 2018 in care orders, children, guardianship, local government, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’

Full Story

Family Law Week, 20th April 2018


Voter identity checks may discriminate against ethnic minority communities, watchdog says – The Independent

Posted April 23rd, 2018 in elections, identity fraud, minorities, news, race discrimination by tracey

‘Plans to force voters to show photo identification at polling stations may discriminate against people from ethnic minority communities, the equality watchdog has reportedly warned. The new rules – being trialled to prevent voter fraud – would also hit the young and old, those with disabilities and transgender people, the Equality and Human Rights Commission claims in a leaked letter to Cabinet Office minister David Lidington.’

Full Story

The Independent, 22nd April 2018


Major police review recommends dropping policy of automatically believing ‘victims’ – Daily Telegraph

Posted April 23rd, 2018 in news, police, rape, victims by tracey

‘An alleged fantasist known as Nick, gave five different accounts of VIP abuse to the police, but was still regarded as “credible and true”, it has emerged, as a review recommends dropping the policy of automatically believing “victims”. Under the current rules, police forces must believe a person who makes a complaint of rape or sexual assault, in order to give victims the confidence to come forward after an attack. But that policy is now expected to be dropped after a string of allegedly malicious complaints were made against high profile people including politicians and celebrities.’

Full Story

Daily Telegraph, 22nd April 2018


Sir Edward Heath’s supporters criticise police chief for ‘U-turn’ on inquiry – Daily Telegraph

Posted April 23rd, 2018 in child abuse, inquiries, news, police, sexual offences by tracey

‘A police chief has been accused of performing a spectacular u-turn by failing to initiate a public inquiry into the controversial investigation of Sir Edward Heath.
Angus Macpherson, Wiltshire’s police and crime commissioner (PCC), has repeatedly acknowledged the need for an inquiry amid claims that the force’s findings on historical child sex abuse allegations were uncorroborated and failed to justify the time and expense officers were afforded.’

Full Story

Daily Telegraph, 21st April 2018


Home Office agencies at heart of Windrush scandal rife with discrimination and harassment, employees say – The Independent

‘The government immigration agencies at the centre of the Windrush scandal are “rife” with discrimination and harassment, a survey of their own employees reveals.
Official documents show staff at Border Force reporting high levels of discrimination, with almost one in four (23 per cent) saying they had experienced it.’

Full Story

The Independent, 23rd April 2018