BAILII: Recent Decisions

Posted July 19th, 2018 in law reports by tracey

Supreme Court

Williams & Anor v London Borough of Hackney [2018] UKSC 37 (18 July 2018)

Mills v Mills [2018] UKSC 38 (18 July 2018)

Court of Appeal (Civil Division)

Al Jaber & Anor v Al Ibrahim & Anor [2018] EWCA Civ 1690 (18 July 2018)

Karia v The Secretary of State for the Home Department [2018] EWCA Civ 1673 (18 July 2018)

Rees & Ors v Commissioner of Police for the Metropolis [2018] EWCA Civ 1699 (18 July 2018)

High Court (Administrative Court)

CEG Land Promotions II Ltd v Secretary of State for Housing Communities And Local Government [2018] EWHC 1799 (Admin) (18 July 2018)

K (A Child) v The Secretary of State for the Home Department [2018] EWHC 1834 (Admin) (18 July 2018)

High Court (Chancery Division)

Richard v The British Broadcasting Corporation (BBC) & Anor [2018] EWHC 1837 (Ch) (18 July 2018)

The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2018] EWHC 1828 (Ch) (18 July 2018)

Dondore Incorporated & Anor v Fetaimia & Anor [2018] EWHC 1832 (Ch) (18 July 2018)

High Court (Family Division)

ABCDE, Re [2018] EWHC 1841 (Fam) (16 July 2018)

High Court (Technology and Construction Court)

Moore & Anor v National Westminster Bank [2018] EWHC 1805 (TCC) (17 July 2018)

Source: www.bailii.org

Government seeks views on legal aid for inquests – Ministry of Justice

Posted July 19th, 2018 in consultations, inquests, legal aid, legal representation, press releases by tracey

‘Justice Minister Lucy Frazer today announced the launch of a call for evidence to consider the need for legal representation during inquests.’

Full press release

Ministry of Justice, 19th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Council wins rare appeal to Upper Tribunal over Right to Buy exemption – Local Government Lawyer

Posted July 19th, 2018 in appeals, elderly, housing, local government, news, tribunals by tracey

‘Milton Keynes Council was won a rare appeal under the right to buy legislation in a dispute over whether the property in question was particularly suitable for occupation by elderly persons.’

Full Story

Local Government Lawyer, 19th July 2018

Source: www.localgovernmentlawyer.co.uk

Council “had lawful basis” for accommodating children under s.20 CA: Supreme Court – Local Government Lawyer

Posted July 19th, 2018 in appeals, care orders, children, local government, news, Supreme Court by tracey

‘A London borough had a lawful basis for continuing to accommodate children under s.20 of the Children Act 1989, the Supreme Court has unanimously ruled.’

Full Story

Local Government Lawyer, 18th July 2018

Source: www.localgovernmentlawyer.co.uk

Leasehold law set for radical reform – Law Commission

Posted July 19th, 2018 in housing, Law Commission, leases, press releases by tracey

‘Radical new proposals to provide a fairer deal for leasehold homeowners have been announced by the Law Commission. Following hot on the heels of plans by the Government to ban the sale of houses on a leasehold basis, the independent legal body is outlining a range of measures to help existing leasehold homeowners buy the freehold of their houses.’

Full press release

Law Commission, 19th July 2018

Source: www.lawcom.gov.uk/

Applying to commit for breach of a child arrangements order – Family Law

Posted July 19th, 2018 in civil procedure rules, contact orders, family courts, news by tracey

‘Family analysis: Sarah Keily, partner at Thomson Snell & Passmore in Tunbridge Wells, discusses the decision in CH v CT [2018] EWHC 1310 (Fam), [2018] All ER (D) 03 (Jul), which illustrates the need to strictly comply with the relevant procedural requirements when seeking a committal order following a breach of a child arrangements order.’

Full Story

Family Law, 19th July 2018

Source: www.familylaw.co.uk

Group jailed for 47 years after £450,000 maternity payment scam – Crown Prosecution Service

Posted July 19th, 2018 in benefits, conspiracy, fraud, press releases, sentencing, social security by tracey

‘Twelve people who plotted to claim more than £450,000 in maternity payments for babies which did not exist have been jailed for 47 years today (18 July). The defendants, who included members of the same family and their partners and friends, made at least 158 fraudulent applications for maternity allowance over the course of 52 months.’

Full press release

Crown Prosecution Service, 18th July 2018

Source: www.cps.gov.uk

Bar Council launches LASPO: 5 years on survey – The Bar Council

Posted July 19th, 2018 in barristers, consultations, legal aid, legislation, press releases, sentencing by tracey

‘The Government has now commenced a Post-Implementation Review of Part 1 of LASPO and subordinate legislation. As part of its response, the Bar Council is conducting another survey of the Family and Civil Bar. Your answers will form a central part of its submissions to Post-Implementation Review.’

Full press release

The Bar Council, 19th July 2018

Source: www.barcouncil.org.uk

Offenders ‘not getting support they need’ due to decline in pre-sentence reports – Law Society’s Gazette

Posted July 19th, 2018 in community service, criminal justice, news, reports, sentencing by tracey

‘Fewer pre-sentence reports (PSR) may be linked to the worrying decline in community sentences in England and Wales, according to interim analysis conducted by a justice thinktank. The Centre for Justice Innovation says community sentences are significantly more effective than short-term custodial sentences to reduce reoffending – a key priority for justice secretary David Gauke. However, community sentences have fallen in England, in contrast to other UK jurisdictions.’

Full Story

Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk

CoA refuses costs ‘carte blanche’ to cases with multiple defendants – Law Society’s Gazette

Posted July 19th, 2018 in appeals, costs, news by tracey

‘The Court of Appeal has made clear it will not grant costs favours to claimants bringing proceedings against multiple defendants.’

Full Story

Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk

Surrogacy and HFEA Update: July 2018 – Family Law Week

Posted July 19th, 2018 in news, parental responsibility, surrogacy by tracey

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent important judgments concerning surrogacy and highlights the focus of the Law Commission’s review of the law of surrogacy.’

Full Story

Family Law Week, 18th July 2018

Source: www.familylawweek.co.uk

In-flight bacon roll row passenger fined – BBC News

Posted July 19th, 2018 in airlines, compensation, fines, news, threatening behaviour by tracey

‘A plane passenger who flew into a rage after being denied a bacon roll by cabin crew has been fined £230.’

Full Story

BBC News, 18th July 2018

Source: www.bbc.co.uk

Tommy Robinson jail sentence appeal delayed by judges – BBC News

Posted July 19th, 2018 in appeals, contempt of court, delay, news, sentencing by tracey

‘Judges have delayed their decision in an appeal by far-right activist Tommy Robinson against his conviction and jailing for contempt of court.’

Full Story

BBC news, 18th July 2018

Source: www.bbc.co.uk

Media experts alarmed at consequences of Cliff Richard ruling – The Guardian

Posted July 19th, 2018 in BBC, media, news, police, privacy, public interest by tracey

‘When he emerged from court on Wednesday after a judge ruled in his favour in one of the most carefully watched media law cases of the year, Sir Cliff Richard declared himself delighted at what he saw as a vital victory over the BBC. But while there is no doubt that the decision is a blow to the corporation, the case sets a wider precedent, too – and one that experts say could have a substantial impact on the future media coverage of criminal cases.’

Full Story

The Guardian, 18th July 2018

Source: www.theguardian.com

Government orders Phillip Morris to stop advertising “healthier” tobacco products or face legal action – Daily Telegraph

Posted July 19th, 2018 in advertising, consumer protection, news, smoking by tracey

‘The Government will take one of the world’s largest tobacco firms to court unless it stops illegally targeting UK consumers with tobacco adverts, a Minister has said.’

Full Story

Daily Telegraph, 18th July 2018

Source: www.telegraph.co.uk

Legal aid deserts: MPs and peers express ‘grave concerns’ – Law Society’s Gazette

‘Squeezing the legal aid budget has left vast numbers of people – including the most vulnerable – unable to assert their rights, the Law Society said today. In a report published today, Enforcing Human Rights, parliament’s Joint Committee on Human Rights reflects the Law Society’s concerns that large parts of England and Wales are becoming “legal aid deserts”, as solicitors are forced to withdraw from services because they can no longer afford to do the work.’

Full report

Full Story

Law Society's Gazette, 19th July 2018

Source: www.lawgazette.co.uk

Watchdog cautions on police response to hate crime and warns of post Brexit surge in reports – The Independent

Posted July 19th, 2018 in hate crime, news, police, reports, statistics by tracey

‘Police must address failings in their response to hate crime ahead of a possible post-Brexit surge in reports, a watchdog has warned. A major review found victims have been let down after being targeted because of personal characteristics such as race, religion or sexual orientation.’

Full Story

The Independent, 19th July 2018

Source: www.independent.co.uk

Baroness Newlove: Reform ‘derisory’ victims of crime compensation scheme – Daily Telegraph

Posted July 19th, 2018 in compensation, crime, news, victims by tracey

‘Victims of crime are having to wait too long for compensation under a “derisory” system, the Victims’ Commissioner for England and Wales has said. Baroness Newlove called for a change to the way court-ordered financial awards are paid after they are imposed on convicted offenders.’

Full Story

Daily Telegraph, 19th July 2018

Source: www.telegraph.co.uk

Child sexual abuse investigation fined £200,000 after sending bulk email identifying possible victims – The Independent

Posted July 19th, 2018 in data protection, fines, inquiries, news, privacy, sexual offences, victims by tracey

‘The Independent Inquiry into Child Sexual Abuse has been fined £200,000 after sending a bulk email that identified possible victims. Ninety participants in the public inquiry were potentially identified by the “concerning” blunder, said the Information Commissioner’s Office (ICO), which warned the incident had “placed vulnerable people at risk”.’

Full Story

The Independent, 18th July 2018

Source: www.independent.co.uk

Privacy vs Freedom of Expression: How the law has developed – Daily Telegraph

Posted July 19th, 2018 in freedom of expression, human rights, media, news, privacy by tracey

‘The delicate balance between a person’s right to privacy and someone else’s right to freedom of expression were set at odds when they were enshrined in the Human Rights Act, brought in by Tony Blair’s Labour Government in 1998.’

Full Story

Daily Telegraph, 18th July 2018

Source: www.telegraph.co.uk