BAILII: Recent Decisions

Posted July 10th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

London & Ilford Ltd v Sovereign Property Holdings Ltd [2018] EWCA Civ 1618 (10 July 2018)

Court of Appeal (Criminal Division)

Butt v R [2018] EWCA Crim 1617 (10 July 2018)

Jones v R [2018] EWHC Crim 1599 (06 July 2018)

High Court (Administrative Court)

AA, R (on the application of) v Secretary of State for the Home Department & Anor [2018] EWHC 1739 (Admin) (06 July 2018)

High Court (Chancery Division)

Robinson v EMW Law LLP [2018] EWHC 1757 (Ch) (10 July 2018)

High Court (Family Division)

BA & Anor v JA & Ors (female genital mutilation protection orders and immigration appeals) [2018] EWHC 1754 (Fam) (03 July 2018)

The Child and Family Agency (Ireland) v M & Ors [2018] EWHC 1581 (Fam) (22 June 2018)

High Court (Patents Court)

Koninklijke Philips NV v Asustek Computer Inc. & Ors [2018] EWHC 1732 (Pat) (10 July 2018)

Court (Queen’s Bench Division)

JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) (09 July 2018)

Atha & Co Solicitors v Liddle [2018] EWHC 1751 (QB) (09 July 2018)

High Court (Technology and Construction Court)

Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd [2018] EWHC 1602 (TCC) (06 July 2018)

Source: www.bailii.org

Court of Justice finds UK transgender state pension law discriminatory – Family Law

Posted July 10th, 2018 in EC law, marriage, news, pensions, transsexuals by sally

‘Pensions analysis: A ruling by the Court of Justice of the European Union in MB v Secretary of State for Work and Pensions Case C-451/16 [2018] All ER (D) 135 (Jun) that EU law precludes UK legislation which requires a woman who had previously been a married man to be no longer married to a woman in order to be able to claim a state retirement pension as from the statutory pensionable age applicable to women is examined by Dr Christopher Stothers, a partner at Freshfields Bruckhaus Deringer. This case has significant implications on how countries recognise changes to gender.’

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Family Law, 10th July 2018

Source: www.familylaw.co.uk

Court finds abuse of process did not affect limitation period – Law Society’s Gazette

Posted July 10th, 2018 in abuse of process, limitations, news, striking out, time limits by sally

‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’

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Law Society's Gazette, 10th July 2018

Source: www.lawgazette.co.uk

Pay defence practitioners earlier to improve disclosure – attorney general – Law Society’s Gazette

‘Redesigning the legal aid system to pay defence practitioners earlier in a case could help to tackle long-standing disclosure challenges, the attorney general has told MPs.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk

Five lawyers including two solicitors appointed High Court judges – Local Government Lawyer

Posted July 10th, 2018 in appeals, judiciary, news, solicitors by sally

‘Five new High Court judges have been approved this week following elevations to the Court of Appeal and confirmed retirements.’

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Local Government Lawyer, 9th July 2018

Source: www.localgovernmentlawyer.co.uk

High Court quashes village green registration over ‘trigger event’ – Local Government Lawyer

Posted July 10th, 2018 in commons, local government, news, planning by sally

‘The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.’

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Local Government Lawyer, 9th July 2018

Source: www.localgovernmentlawyer.co.uk

Rights holders face extra burdens under new WHOIS data plan – OUT-LAW.com

Posted July 10th, 2018 in data protection, domain names, EC law, intellectual property, internet, news by sally

‘Businesses are likely to encounter additional barriers when seeking to enforce their intellectual property (IP) rights under any new plans that are drawn up for accessing ‘WHOIS’ data.’

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OUT-LAW.com, 10th July 2018

Source: www.out-law.com

Woman harassed for 12 years by online date gets damages – BBC News

Posted July 10th, 2018 in damages, harassment, internet, news by sally

‘A woman who was harassed for 12 years by a man she met through an online dating website is to receive damages.’

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BBC News, 9th July 2018

Source: www.bbc.co.uk

Battle lines drawn as papers filed in VW case – Law Society’s Gazette

‘The law firm taking Volkswagen (VW) to court on behalf of more than 50,000 UK car owners has accused the car giant of insulting consumers’ intelligence by refusing to admit wrongdoing in the alleged emissions cheating scandal.’

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Law Society's Gazette, 9th July 2018

Source: www.lawgazette.co.uk

How Does New Brexit Secretary Dominic Raab Stack Up On Human Rights? – Rights Info

‘In a shock resignation at almost midnight, one of the leading figures responsible for Brexit negotiations has quit his cabinet post.’

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Rights Info, 9th July 2018

Source: rightsinfo.org

Sheffield tree protester guilty of obstructing PC – BBC News

‘An anti-tree felling campaigner has been convicted of obstructing police for failing to give his name and address when he was being arrested.’

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BBC News, 9th July 2018

Source: www.bbc.co.uk

One court, one judiciary? – New Law Journal

Posted July 10th, 2018 in civil justice, courts, dispute resolution, judiciary, news, tribunals by sally

‘Steven Gasztowicz QC considers the radical question of whether there could ever be ‘one civil court’ & ‘one judiciary’.’

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New Law Journal, 6th July 2018

Source: www.newlawjournal.co.uk

High Court orders indemnity costs against claimant that discontinued on eve of hearing – Litigation Futures

Posted July 10th, 2018 in airlines, costs, fraud, indemnities, news by sally

‘Russian state airline Aeroflot has been ordered to pay indemnity costs for the entire eight years of a fraud claim that it dropped on the eve of opening submissions.’

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Litigation Futures, 10th July 2018

Source: www.litigationfutures.com

Post-Brexit settlement scheme for EU nationals – Technology Law Update

Posted July 10th, 2018 in EC law, families, immigration, news, treaties by sally

‘The Government has published long-awaited details of the post-Brexit Settlement Scheme for EU nationals in the UK. Details are set out in the Government’s EU Settlement Scheme Statement of Intent.’

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Technology Law Update, 9th July 2018

Source: www.technology-law-blog.co.uk

Prisoners to get phones in cells in bid to curb violence – BBC News

Posted July 10th, 2018 in human rights, news, prisons, reports, telecommunications, violent disorder by sally

‘Thousands of prisoners will be able to make calls from their cells, as part of government plans to reduce violence and crime in prisons in England and Wales.’

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BBC News, 10th July 2018

Source: www.bbc.co.uk

UK counter-terror bill risks criminalising curiosity – watchdog – The Guardian

Posted July 10th, 2018 in bills, human rights, news, reports, select committees, terrorism by sally

‘Academics, journalists and those with “inquisitive and foolish minds” would be at risk of prosecution and prison sentences of up to 15 years under proposed counter-terrorism laws, a parliamentary human rights watchdog has said.’

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The Guardian, 10th July 2018

Source: www.theguardian.com