Month: July 2018

BAILII: Recent Decisions

Posted July 18th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Patel v Folkestone Nursing Home Ltd (Rev 1) [2018] EWCA Civ 1689 (17 July 2018)

Elite Property Holdings Ltd & Anor v Barclays Bank Plc [2018] EWCA Civ 1688 (17 July 2018)

Cartwright v Venduct Engineering Ltd [2018] EWCA Civ 1654 (17 July 2018)

Barclays Bank Plc v Various Claimants [2018] EWCA Civ 1670 (17 July 2018)

Singh, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1669 (17 July 2018)

Khan & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1684 (17 July 2018)

High Court (Chancery Division)

Nortel Networks SA, Re [2018] EWHC 1812 (Ch) (17 July 2018)

Times Travel UK Ltd & Anor v Pakistan International Airline Corporation [2018] EWHC 1820 (Ch) (17 July 2018)

Jazztel Plc (As Test Claimant for Glo Issues 9a,9b And 10) v Revenue And Customs [2018] EWHC 1830 (Ch) (17 July 2018)

Pavilion Property Trustees Ltd & Anor v Urban & Civic Projects Ltd [2018] EWHC 1759 (Ch) (17 July 2018)

High Court (Commercial Court)

Glencore Energy UK Ltd v Springfield Energy Ltd [2018] EWHC 1780 (Comm) (17 July 2018)

Source: www.bailii.org

Allegations of child sexual abuse in Rotherham: Wanless and Whittam QC review – Home Office

Posted July 18th, 2018 in child abuse, press releases, reports, sexual grooming by tracey

‘The Home Secretary has today published Peter Wanless and Richard Whittam QC’s independent review into information passed to the Home Office in connection with allegations of child sexual abuse in Rotherham.’

Full press release and documents

Home Office, 17th July 2018

Source: www.gov.uk/home-office

Criminal solicitors in England and Wales challenge cut to fees – The Guardian

Posted July 18th, 2018 in criminal justice, fees, news, solicitors by tracey

‘Criminal solicitors have had their fees for reading large quantities of crown court evidence cut by up to 37% under changes imposed by the Ministry of Justice, the high court has heard.’

Full Story

The Guardian, 17th July 2018

Source: www.theguardian.com

Young black men more likely to be prosecuted over dispersal orders – The Guardian

Posted July 18th, 2018 in dispersal orders, minorities, news, statistics, young persons by tracey

‘Young black men in London are disproportionately more likely to be prosecuted for breaking public dispersal orders available to police as part of a range of measures to crack down on antisocial behaviour.’

Full Story

The Guardian, 18th July 2018

Source: www.theguardian.com

Tommy Robinson appeal – LIVE: EDL founder challenges 13-month prison sentence for contempt of court – The Independent

Posted July 18th, 2018 in appeals, contempt of court, news, sentencing by tracey

‘The Court of Appeal is to hear a challenge by former English Defence League (EDL) leader Tommy Robinson against his jail term for contempt of court.’

Full Story

The Independent, 18th July 2018

Source: www.independent.co.uk

Cliff Richard wins £210,000 in damages from BBC in privacy case – The Guardian

Posted July 18th, 2018 in BBC, damages, media, news, privacy by tracey

‘Cliff Richard has won his privacy case against the BBC and will be awarded £210,000 in damages following a lengthy legal battle with the broadcaster after it reported the singer was being investigated over historic child sex assault claims.’

Full Story

The Guardian, 18th July 2018

Source: www.theguardian.com

Home Office had information on Rotherham grooming gangs in 2002 but failed to act, review finds – The Independent

Posted July 18th, 2018 in child abuse, government departments, news, reports, sexual grooming by tracey

‘The government received information detailing the extent of grooming gang activity in Rotherham as far back as 2002 but failed to properly act on it, a review has found.’

Full Story

The Independent, 17th July 2018

Source: www.independent.co.uk

12-year-old girl who became child model despite cerebral palsy awarded £15m by NHS in compensation – Daily Telegraph

Posted July 18th, 2018 in birth, compensation, hospitals, news, personal injuries by tracey

‘A 12-year-old girl who has forged a child modelling career despite suffering severe cerebral palsy since her birth has won over £15 million in NHS compensation.’

Full Story

Daily Telegraph, 17th July 2018

Source: www.telegraph.co.uk

Morecambe Bay: Nurse and midwife regulator apologises for failing families who lost children in scandal – The Independent

Posted July 18th, 2018 in birth, children, hospitals, midwives, news, nurses, select committees by tracey

‘The families of children who died because of major care failures by the University Hospitals of Morecambe Bay NHS Foundation Trust, have received an apology from the body meant to protect patients and the public from unsafe nurses and midwives.’

Full Story

The Independent, 17th July 2018

Source: www.independent.co.uk

Inquest criticises police over London killing of Dutch academic – The Guardian

Posted July 18th, 2018 in diminished responsibility, homicide, inquests, mental health, news, police by tracey

‘An inquest jury has criticised police failings over the killing of the academic Dr Jeroen Ensink, who was stabbed by a stranger suffering from psychosis as he posted cards announcing the birth of his daughter.’

Full Story

The Guardian, 17th July 2018

Source: www.theguardian.com

Animal rights activist sentenced for Pickwell pig theft – BBC News

Posted July 18th, 2018 in animals, news, sentencing, theft by tracey

‘An animal rights activist who stole a pig from a farm has been sentenced.’

Full Story

BBC News, 16th July 2018

Source: www.bbc.co.uk

UK government launches consultation on open justice – OUT-LAW.com

Posted July 17th, 2018 in civil justice, civil procedure rules, consultations, disclosure, injunctions, news by tracey

‘The UK government is seeking to clarify the rules governing when litigation should be heard in private, in a bid to safeguard the principles of open justice.’

Full Story

OUT-LAW.com, 16th July 2018

Source: www.out-law.com

Arrest for lawful acts – UK Police Law Blog

Posted July 17th, 2018 in news, police, warrants by tracey

‘The recent decision of Holmes v CC Merseyside Police [2018] EWHC 1026 (QB) confirms the power of the police to arrest individuals who are not acting unlawfully. It relies on the earlier case of CPS v McCann [2015] EWHC 2461; [2016] 1 Cr. App. R. 6, which held that an arresting officer was acting in the execution of their duty when making an arrest notwithstanding that their suspicion that that offences were being committed being mistaken.’

Full Story

UK Police Law Blog, 15th July 2018

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 17th, 2018 in legislation by tracey

The Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018

The Criminal Procedure (Amendment No. 2) Rules 2018

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2018

The Marine Licensing (Application Fees) (Amendment) Regulations 2018

The Sea Fishing (Enforcement) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 17th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

FPH Law (a firm) v Brown (t/a Integrum Law) [2018] EWCA Civ 1629 (16 July 2018)

High Court (Administrative Court)

Page, R (On the Application Of) v Darlington Borough Council [2018] EWHC 1818 (Admin) (16 July 2018)

M B v Preliminary Investigation Tribunal of Napoli, Italy [2018] EWHC 1808 (Admin) (16 July 2018)

High Court (Queen’s Bench Division)

Sherratt v Chief Constable of Greater Manchester Police [2018] EWHC 1746 (QB) (16 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

Judge rules residence qualification in allocation policy of council to be unlawful – Local Government Lawyer

Posted July 17th, 2018 in housing, illegality, local government, news by tracey

‘A residence qualification set by Hillingdon Council stating that only households with at least 10 years’ continuous residence in-borough could qualify to join the three-welfare-based bands of its housing register was unlawful, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 16th July 2018

Source: www.localgovernmentlawyer.co.uk

Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures

Posted July 17th, 2018 in civil procedure rules, consultations, disclosure, litigants in person, news by tracey

‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’

Full Story

Litigation Futures, 17th July 2018

Source: www.litigationfutures.com

Whiplash reforms delayed a year to April 2020 – Legal Futures

Posted July 17th, 2018 in delay, news, personal injuries, small claims by tracey

‘Implementation of the government’s whiplash reforms is to be delayed by a year to April 2020, the Ministry of Justice (MoJ) has announced.’

Full Story

Legal Futures, 17th July 2018

Source: www.legalfutures.co.uk

Judicial Protocol update: Expedition of Cases Involving Witnesses Under 10 Years – Courts and Tribunals Judiciary

Posted July 17th, 2018 in children, courts, press releases, reports, witnesses by tracey

‘A Protocol between The National Police Chiefs’ Council, The Crown Prosecution Service and Her Majesty’s Courts & Tribunals Service to Expedite Cases Involving Witnesses Under 10 Years.’

Full text

Courts and Tribunals Judiciary, 13th July 2018

Source: www.judiciary.uk

Daughters in legal bid for House of Lords seat rights – BBC News

Posted July 17th, 2018 in gender, human rights, news, parliament, peerages & dignities, sex discrimination, women by tracey

‘Five daughters of hereditary peers are to challenge a law that stops them from being elected to the House of Lords. They are taking the government to the European Court of Human Rights in a bid to end the system of male primogeniture which has resulted in almost all titles being passed to male heirs.’

Full Story

BBC News, 16th July 2018

Source: www.bbc.co.uk