Recent Statutory Instruments –

Posted July 31st, 2018 in legislation by tracey

The Food and Rural Affairs (Miscellaneous Revocations) Regulations 2018

The Digital Government (Disclosure of Information) Regulations 2018

The Plant Health (England) (Amendment) (No. 3) Order 2018

The Pensions (Pre-consolidation) Order 2018

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2018

The Legal Officers (Annual Fees) Order 2018


BAILII: Recent Decisions

Posted July 31st, 2018 in law reports by tracey

Supreme court

Bashir & Ors, R (on the application of) v Secretary of State for the Home Department [2018] UKSC 45 (30 July 2018)

An NHS Trust & Ors v Y & Anor [2018] UKSC 46 (30 July 2018)

AR, R (on the application of) v Chief Constable of Greater Manchester Police & Anor [2018] UKSC 47 (30 July 2018)

Court of Appeal (Civil Division)

MI (Palestine) v Secretary of State for the Home Department [2018] EWCA Civ 1782 (31 July 2018)

Sambotin, R (On the Application Of) v The London Borough of Brent [2018] EWCA Civ 1826 (31 July 2018)

Hertel & Anor v Saunders & Anor [2018] EWCA Civ 1831 (31 July 2018)

X (A Child : FGMPO) [2018] EWCA Civ 1825 (31 July 2018)

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Group) [2018] EWCA Civ 1795 (31 July 2018)

Stunt v Associated Newspapers Ltd [2018] EWCA Civ 1780 (30 July 2018)

Gertner v CFL Finance Ltd & Anor [2018] EWCA Civ 1781 (30 July 2018)

Ashdown & Ors v Griffin & Ors [2018] EWCA Civ 1793 (30 July 2018)

North Midland Building Ltd v Cyden Homes Ltd [2018[ EWCA Civ 1744 (30 July 2018)

Chernukhin & Orsr v Danilina [2018] EWCA Civ 1802 (30 July 2018)

Adecco UK Ltd & Ors v Revenue & Customs [2018] EWCA Civ 1794 (30 July 2018)

Court of Appeal (Criminal Division)

TL, R v [2018] EWCA Crim 1821 (31 July 2018)

High Court (Administrative Court)

Manak v Solicitors Regulation Authority [2018] EWHC 1958 (Admin) (31 July 2018)

Brooke Energy Ltd, R (On the Application Of) v Secretary of State for Business Energy and Industrial Strategy [2018] EWHC 2012 (Admin) (31 July 2018)

Mustafa, R (On the Application Of) v Kent County Council [2018] EWHC 2025 (Admin) (31 July 2018)

Scott v United States of America [2018] EWHC 2021 (Admin) (31 July 2018)

Historic Buildings And Monuments Commission for England, R (On the Application Of) v Milton Keynes Council [2018] EWHC 2007 (Admin) (30 July 2018)

High Court (Chancery Division)

Cool Seas (Seafoods) Ltd v Interfish Ltd & Ors [2018] EWHC 2038 (Ch) (31 July 2018)

Onzm v Watson & Ors [2018] EWHC 2016 (Ch) (31 July 2018)

Chadwick & Ors v Lypiatt Studio Ltd & Anor [2018] EWHC 1986 (Ch) (31 July 2018)

Standish & Ors v The Royal Bank of Scotland Plc & Anor [2018] EWHC 1829 (Ch) (30 July 2018)

Sparkasse Koln Bonn v Cutts & Anor [2018] EWHC 1879 (Ch) (30 July 2018)

Sprint Electric Ltd v Buyer’s Dream Ltd & Anor [2018] EWHC 1924 (Ch) (30 July 2018)

Kent v Paterson-Brown & Anor [2018] EWHC 2008 (Ch) (30 July 2018)

High Court (Commercial Court)

Lloyd v Kruger [2018] EWHC 2011 (Comm) (27 July 2018)

High Court (Queen’s Bench Division)

ML (A Child) v Guy’s And St Thomas’ National Healthcare Foundation Trust [2018] EWHC 2010 (QB) (31 July 2018)

Green v LIBS Ltd & Anor [2018] EWHC 1979 (QB) (31 July 2018)

Pearce & Ors v The Secretary of State for Business, Energy And Industrial Strategy & Ors [2018] EWHC 2009 (QB) (31 July 2018)

SWS v Department for Work And Pensions [2018] EWHC 1998 (QB) (30 July 2018)

High Court (Technology and Construction Court)

Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd [2018] EWHC 2043 (TCC) (31 July 2018)

Amey Highways Ltd West Sussex County Council [2018] EWHC 1976 (TCC) (30 July 2018)


High Court rejects MRO’s bid for summary judgment over £1.6m “owed” by law firm – Litigation Futures

Posted July 31st, 2018 in contracts, fees, law firms, news, summary judgments by sally

‘The High Court has rejected an application for summary judgment by a medical reporting agency seeking to reclaim almost £1.6m in fees from a law firm.’

Full Story

Litigation Futures. 30th July 2018


Judge criticises ‘generally unhelpful’ firm over application in VW case – Law Society’s Gazette

Posted July 31st, 2018 in class actions, costs, law firms, news, professional conduct by sally

‘A Derbyshire firm involved in the group action case against car maker Volkswagen (VW) has been criticised for its ‘inconsistent, non-engaging and generally unhelpful’ conduct in an application to extend the timeframe for a service of claim.’

Full Story

Law Society's Gazette, 31st July 2018


Against their will? – New Law Journal

Posted July 31st, 2018 in forced marriages, mental health, news, wills by sally

‘Constance McDonnell uncovers a surprising scenario in the area of probate law.’

Full Story

New Law Journal, 20th July 2018


Judge takes over father’s cross-examination in case involving rape allegations – and it ends up being unfair on everyone involved – Transparency Project

Posted July 31st, 2018 in appeals, cross-examination, judges, litigants in person, news, rape, witnesses by sally

‘Mr Justice Hayden is a High Court Judge who has been very outspoken about the potential for the court process to be abusive of those who are already victims of domestic abuse. In a case called Re A (a minor) (fact finding; unrepresented party) [2017] EWHC 1195 (Fam), having permitted the unrepresented father to directly question the mother (albeit with special measures in place so they didn’t have to confront each other by line of sight) he memorably said ‘Never again’. Hayden J said it was ‘a stain on the reputation of our Family Justice system that a Judge can still not prevent a victim being cross examined by an alleged perpetrator’. Today he has published an appeal judgment overturning a fact-finding decision in a case where another judge tried to cross examine the mother on behalf of the father accused of rape because (Hayden J said) the process was unfair and the decision unsound. The full judgment can be read here : PS v BP [2018] EWHC 1987 (Fam) (27 July 2018), but this blog post explains it.’

Full Story

Transparency Project, 30th July 2018


Court allows police to reveal acquittals during record checks – The Guardian

Posted July 31st, 2018 in appeals, criminal records, employment, news, police, Supreme Court by sally

‘Police forces can reveal whether individuals have been acquitted of criminal charges when issuing information for enhanced record checks, the supreme court has ruled.’

Full Story

The Guardian, 30th July 2018


The rise of private FDRs – Family Law

Posted July 31st, 2018 in arbitration, dispute resolution, families, financial provision, judges, news by sally

‘In his last interview for the Family Law Bar Association’s Family Affairs magazine, Sir James Munby ruminated that ‘I should have liked to do more on the money front’. In the same interview, when pondering his next steps, he makes clear, ‘I’m not – and I tempt the fates by saying this – I am not going off to become a private family mediator. I am not going to do private FDRs’.’

Full Story

Family Law, 30th July 2018


999 calls: When do assurances of help give rise to a duty of care? – UK Police Law Blog

Posted July 31st, 2018 in duty of care, emergency services, news, police by sally

‘The working assumption of most police lawyers is that a common law duty of care will not arise where call handlers tell 999 callers that the police will attend and assist. The judgment in Sherratt v Chief Constable of GMP [2018] EWHC 1746 (QB) demonstrates that a more careful analysis is required. In this case, some fairly common and non-specific assurances were sufficient to give rise to a duty of care.’

Full Story

UK Police Law Blog, 27th July 2018


Video hearings “will not supplant” face-to-face, says HMCTS – Legal Futures

Posted July 31st, 2018 in courts, dispute resolution, news, tribunals, video recordings by sally

‘Video hearings will not supplant face-to-face hearings in the majority of cases before the courts, even after their use is expanded, the deputy director of HM Courts and Tribunals Service (HMCTS) has predicted.’

Full Story

Legal Futures, 31st July 2018


Capacity in the context of Prader-Willi syndrome – Family Law

Posted July 31st, 2018 in disabled persons, expert witnesses, mental health, news, social services by sally

‘Ella Anderson, barrister at Spire Barristers, discusses the practical implications of the judgment in Re FX [2017] EWCOP 36 – the first ever reported decision to consider questions of capacity in the context of Prader-Willi syndrome, a rare genetic disorder which causes a range of physical, learning and behavioural difficulties.’

Full Story

Family Law, 30th July 2018


UK loan-based crowdfunding platforms face tighter regulation –

Posted July 31st, 2018 in consumer protection, financial regulation, loans, news by sally

‘The largest loan-based crowdfunding platforms operating in the UK could be required to establish “an independent compliance function” and “independent risk and internal audit functions”, according to new rules proposed by the Financial Conduct Authority (FCA).’

Full Story, 31st July 2018


UK couple jailed after trying to force daughter to marry – The Guardian

Posted July 31st, 2018 in forced marriages, news, sentencing, young persons by sally

‘A couple who tricked their teenage daughter into travelling to Bangladesh in an attempt to force her to marry her first cousin have been jailed.’

Full Story

The Guardian, 30th July 2018


Byron Karemba: Brexit, the Reference Jurisdiction of the UKSC and the New Separation of Powers – UK Constitutional Law Association

‘When the UKSC was created, there was great emphasis by the architects of the Court that it would largely assume the same constitutional position and functions as the Appellate Committee of the House of Lords.’

Full Story

UK Constitutional Law Association, 30th July 2018


Consultation on new offence of intimidating Parliamentary candidates and campaigners – Local Government Lawyer

Posted July 31st, 2018 in consultations, elections, intimidation, news by sally

‘The government has launched a consultation on the introduction of a new offence in electoral law of intimidating Parliamentary candidates and party campaigners.’

Full Story

Local Government Lawyer, 30th July 2018


Crackdown on divorcing parents who ‘alienate’ children from former partners – Family Law

Posted July 31st, 2018 in children, families, news, residence orders by sally

‘Parents could have access to their children restricted if they try to turn them against their child’s other parent, under a trial process about to be rolled out by Cafcass, the Children and Family Court Advisory and Support Service.’

Full Story

Family Law, 30th July 2018


Barrister fined for failing to follow instructions – Legal Futures

Posted July 31st, 2018 in barristers, disciplinary procedures, fines, news, professional conduct by sally

‘An experienced criminal law barrister has been fined by a Bar disciplinary tribunal for failing to apply for a forfeiture order on behalf of his local authority client.’

Full Story

Legal Futures, 31st July 2018


Grenfell Tower: Sentences for gross negligence manslaughter could increase after investigation into deadly fire – The Independent

‘Sentences for gross negligence manslaughter, which is being considered by investigators looking into the Grenfell Tower fire, could be increased under new advice given to judges.’

Full Story

The Independent, 31st July 2018


Garden Bridge backers ‘may have breached legal duties’ – The Guardian

Posted July 31st, 2018 in breach of trust, charities, London, news, transport by sally

‘The trustees of London’s garden bridge, including actor Joanna Lumley and the former Labour minister Lord Davies, could have breached their legal duties over the failed project, that cost taxpayers more than £40m, according to a leading lawyer.’

Full Story

The Guardian, 31st July 2018