Recent Statutory Instruments – legislation.gov.uk

Posted May 17th, 2018 in legislation by tracey

The Road Vehicles (Construction and Use) (Amendment) Regulations 2018

The Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 17th, 2018 in law reports by tracey

Supreme Court

Rock Advertising Ltd v MWB Business Exchange Centres Ltd [2018] UKSC 24 (16 May 2018)

Gallaher Group Ltd & Ors, R (on the application of) v The Competition and Markets Authority [2018] UKSC 25 (16 May 2018)

Court of Appeal (Civil Division)

Baker & Anor v Craggs (Rev 1) [2018] EWCA Civ 1126 (16 May 2018)

High Court (Chancery Division)

Rollerteam Ltd & Anor v Riley & Anor [2018] EWHC 1065 (Ch) (16 May 2018)

South Downs Trustees Ltd v GH & Ors [2018] EWHC 1064 (Ch) (16 May 2018)

High Court (Queen’s Bench Division)

Various Claimants v WM Morrison Supermarkets Plc [2018] EWHC 1123 (QB) (16 May 2018)

Source: www.bailii.org

Village Green – Local Government Law

Posted May 17th, 2018 in commons, land registration, local government, news by tracey

‘In Cotham School v Bristol City Council (2018) EWHC 1022 (Admin) the Council is the owner of the freehold interest in Stoke Lodge Playing Fields. It is also the Commons Registration Authority empowered to register land as a town or village green pursuant to Section 15 Commons Act 2006. In 2011 application was made to register the land as a town or village green. The applicant was acting on behalf of an unincorporated association known as “Save Stoke Lodge Parkland”. Objections to the application were received. In the face of conflicting views about whether the land should be registered the registration authority decided that it would appoint an Inspector to make a recommendation about whether the land should be registered. In May 2013 the Inspector issued a Report in which he recommended that the land should be registered as a green. However, that recommendation was not implemented. In the years immediately following the publication of the Report there were a number of cases proceeding through the Courts which were relevant to the issues raised in this case. Ultimately a decision was taken that before a decision was made as to whether the land should be registered the Inspector should conduct a non-statutory Public Inquiry at which oral evidence would be given. In June and July 2016 the Inspector conducted such an Inquiry. In October 2016 the Inspector produced a comprehensive written Report. In it, he recommended that the land should not be registered as a green. He expressed the view that one aspect of the statutory test for registration had not been satisfied. The Inspector’s Report was considered at the Public Rights of Way and Greens Committee of the Council in December 2016. In the event the Committee resolved (on the Chair’s casting vote) to reject the Inspector’s recommendation and to grant the application for registration.’

Full Story

Local Government Law, 16th May 2018

Source: local-government-law.11kbw.com

New UK trade secrets laws imminent – OUT-LAW.com

Posted May 17th, 2018 in consultations, EC law, intellectual property, legislation, news, regulations by tracey

‘New trade secrets laws are scheduled to be published by the UK government before the end of this month.’

Full Story

OUT-LAW.com, 16th May 2018

Source: www.out-law.com

Delayed service sufficient to strike out freezing orders – OUT-LAW.com

Posted May 17th, 2018 in appeals, banking, delay, documents, freezing injunctions, news, striking out by tracey

‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’

Full Story

OUT-LAW.com, 16th May 2018

Source: www.out-law.com

Morrisons group action: claimants win, but get only 40% of their costs – Panopticon

Posted May 17th, 2018 in class actions, compensation, costs, data protection, news by tracey

‘Needless to say, group actions for data protection breaches will generally be shaped by financial considerations. Those are partly about compensation, but also about costs. To make it worthwhile, claimants need not only to win and be awarded compensation, but also to get their costs covered, or at least not have their costs eat too far into their compensation. On this issue, today’s costs judgment in the Morrisons litigation is novel, interesting and instructive in practice.’

Full Story

Panopticon, 16th May 2018

Source: panopticonblog.com

Nearly, but not quite: the difficulties of resisting payment of an on-demand guarantee – Practical Law: Construction Blog

Posted May 17th, 2018 in banking, construction industry, fraud, guarantees, news by tracey

‘It is notoriously difficult to resist payment following a call on an on-demand guarantee or bond. Generally, nothing less than a seriously arguable case of fraud by the beneficiary will suffice. The stringency of this test is backed by strong policy arguments militating in favour of protecting the integrity of the banking system. However, even where a seriously arguable case of fraud is made out, the balance of convenience may weigh against injunctive relief, as demonstrated recently in Tetronics (International) Ltd v HSBC Bank plc.’

Full Story

Practical Law: Construction Blog, 16th May 2018

Source: constructionblog.practicallaw.com

Competing private and public interests in suspension and investigation – UK Police Law Blog

Posted May 17th, 2018 in disciplinary procedures, news, police, public interest by tracey

‘R (Birks) v Commissioner of Police of the Metropolis [2018] EWHC 807 (Admin) is the case of an officer who wanted to resign in order to take up a position as a minister in the Church of England. He was suspended and not permitted to resign, so that the IPCC (as it then was) could investigate his conduct in connection with the arrest of Sean Rigg who died in custody at Brixton Police Station in 2008.’

Full Story

UK Police Law Blog, 14th May 2018

Source: ukpolicelawblog.com

False promises and penury: still no sign of surrender in the credit hire war – Zenith PI

Posted May 17th, 2018 in appeals, consumer credit, insurance, news, rent by tracey

‘For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD.’

Full Story

Zenith PI, 15th May 2018

Source: zenithpi.wordpress.com

Disabled teacher who showed horror film to class wins £646k payout – Local Government Lawyer

‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’

Full Story

Local Government Lawyer, 17th May 2018

Source: www.localgovernmentlawyer.co.uk

GDPR to fuel group actions over data breaches, barristers predict – Litigation Futures

Posted May 17th, 2018 in class actions, data protection, EC law, news by tracey

‘The introduction of the General Data Protection Regulation (GDPR) will only increase the appetite for group or representative action for data breaches, a QC has claimed.’

Full Story

Litigation Futures, 16th May 2018

Source: www.litigationfutures.com

Government shelves Goods Mortgages Bill – Law Commission

Posted May 17th, 2018 in bills, Law Commission, loans, mortgages, press releases by tracey

‘The Government has announced that it will not bring forward the Law Commission’s Goods Mortgages Bill. The Bill had been announced in last year’s Queen’s Speech and would have replaced the Victorian‑era Bills of Sale Acts – bringing greater protections to those who had taken out or who had unwittingly purchased cars with so-called “logbook loans”. But following additional consultation, the Government has said it will not bring forward reform in the area in the immediate future.’

Full press release

Law Commission, 14th May 2018

Source: www.lawcom.gov.uk

Daedalus, Ariadne and the Minotaur: Where are we now? – Family Law Week

‘Alex Laing of Coram Chambers re-visits the use of the inherent jurisdiction to deprive children of their liberty in the light of recent judgments.’

Full Story

Family Law Week, 15th May 2018

Source: www.familylawweek.co.uk

Three fined for England rugby coach Eddie Jones abuse – BBC News

Posted May 17th, 2018 in costs, fines, news, public order, sport, threatening behaviour by tracey

‘Three men have been fined for verbally abusing England rugby union coach Eddie Jones at a railway station.’

Full Story

BBC News, 16th May 2018

Source: www.bbc.co.uk

John Bercow: Probe into Commons Speaker bullying claims blocked – The Independent

‘A probe into allegations John Bercow bullied members of staff has been blocked by MPs. The Commons Standards Committee voted three-two against allowing Parliament’s watchdog to investigate the claims.’

Full Story

The Independent, 17th May 2018

Source: www.independent.co.uk

Slough inquest: No missed opportunities in rail deaths – BBC News

Posted May 17th, 2018 in inquests, mental health, news, railways, suicide, unlawful killing by tracey

‘A coroner has said there were “no missed opportunities” in the care of a mother who jumped in front of a train with her 10-year-old son.’

Full Story

BBC News, 17th May 2018

Source: www.bbc.co.uk

Should it be easier to get a divorce in England and Wales? – BBC News

Posted May 17th, 2018 in appeals, divorce, news, Supreme Court by tracey

‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’

Full Story

BBC News, 17th May 2018

Source: www.bbc.co.uk

Vegan group’s advert wrongly linking cow’s milk to cancer is banned – Daily Telegraph

Posted May 17th, 2018 in advertising, cancer, complaints, food, misrepresentation, news by tracey

‘A vegan group’s “misleading” advert linking cow’s milk to cancer has been banned. The poster by activists Viva! triggered two complaints to watchdogs after being seen on buses in Bristol last September.’

Full Story

Daily Telegraph, 16th May 2018

Source: www.telegraph.co.uk

Government to slash maximum stake on fixed-odds betting terminals to £2 in bid to tackle problem gambling – The Independent

Posted May 17th, 2018 in consultations, gambling, news by tracey

‘The maximum stake on fixed-odds betting terminals (FOBT) will be cut from £100 to £2, the government has announced.’

Full Story

The Independent, 17th May 2018

Source: www.independent.co.uk