BAILII: Recent Decisions

Posted August 3rd, 2018 in law reports by tracey

High Court (Administrative Court)

Cairns, R (On the Application Of) v Hertfordshire County Council [2018] EWHC 2050 (Admin) (02 August 2018)

High Court (Chancery Division)

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

High Court (Queen’s Bench Division)

Kimathi & Ors v The Foreign And Commonwealth Office [2018] EWHC 2066 (QB) (02 August 2018)

Source: www.bailii.org

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 3rd, 2018 in defamation, media, news by tracey

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.’

Full Story

OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

No need for court order for withdrawal of nutrition in case of PVS patients – Supreme Court – UK Human Rights Blog

Posted August 3rd, 2018 in food, human rights, medical treatment, news, Supreme Court by tracey

‘NHS Trust v Y (by his litigation friend, the Official Solicitor) and Others, Supreme Court 30 July 2018. The question for the Court was a simple but important one: whether the permission of a court was always required by law before doctors could withdraw feeding from a person in a persistent vegetative state.’

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UK Human Rights Blog, 2nd August 2018

Source: ukhumanrightsblog.com

“Same roof” rule excluding compensation for abuse is unlawful – Court of Appeal – UK Human Rights Blog

‘JT v First Tier Tribunal [2018] EWCA Civ 1735. Between 1968 and 1975 the appellant JT was repeatedly assaulted and raped by her stepfather in her family home. Many years later, her assailant was prosecuted for those crimes and convicted on all counts in 2012. As a victim of violent sexual crime, JT applied for compensation under the Criminal Injuries Compensation Scheme. Her application was refused on the basis of the “same roof” rule, which stated that an award would not be made in respect of a criminal injury sustained before 1 October 1979.’

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UK Human Rights Blog, 31st July 2018

Source: ukhumanrightsblog.com

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by tracey

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

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Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by tracey

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

Full Story

Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

£100,000 fine for company that made nuisance PI calls – Legal Futures

Posted August 3rd, 2018 in fines, news, nuisance, personal injuries, telecommunications by tracey

‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’

Full Story

Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

Inquest negligence claim against Leigh Day thrown out – Legal Futures

Posted August 3rd, 2018 in inquests, law firms, negligence, news by tracey

‘A claim that well-known law firm Leigh Day was negligent in its representation of the family of the deceased at an inquest has been dismissed by the High Court.’

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Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

The ‘behaviour’ petition in divorce – as seen in the therapist’s consulting room – Family Law

Posted August 3rd, 2018 in divorce, marriage, news by tracey

‘In the context of Resolution’s and the Family Matters campaign for no fault divorce, I hope to offer a perspective from my work as a couple therapist to show one aspect of the emotional fall-out that I see in my consulting room from the current system of fault based divorce. In particular I shall focus on the impact of the “behaviour” petition which in the wake of the case of Owens v Owens [2018] UKSC 41 has, of course, found itself in the limelight.’

Full Story

Family Law, 2nd August 2018

Source: www.familylaw.co.uk

Property agent jailed for spending £700,000 of his clients’ money – Crown Prosecution Service

Posted August 3rd, 2018 in client accounts, fraud, press releases, sentencing by tracey

‘A property agent who misspent £700,000 in rent he had collected for his clients has been sentenced to five years in prison today.’

Full press release

Crown Prosecution Service, 2nd August 2018

Source: www.cps.gov.uk

NHS mortuaries so lax families are at ‘significant risk’ of burying the wrong bodies, watchdog finds – Daily Telegraph

Posted August 3rd, 2018 in burials and cremation, hospitals, news by tracey

‘Hospital mortuaries are storing the dead in filthy fridges and employing such lax checks that families are at “significant risk” of burying the wrong bodies, inspections show. An investigation reveals a 20-fold rise in major failings found by watchdogs in just one year.’

Full Story

Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Roofer fined £300 for carrying sandwich wrappers and crisp packets in his van – Daily Telegraph

Posted August 3rd, 2018 in licensing, news, penalties, waste by tracey

‘A white van man has been hit with a £300 fine after sandwich wrappers and crisp packets were found inside his work van.
Roofer Stewart Gosling, 43, was punished with the on-the-spot penalty after a stash of waste he kept in a plastic commercial waste bag was found in the back of his vehicle.’

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Daily Telegraph, 2nd August 2018

Source: www.telegraph.co.uk

Former HSBC banker wins appeal against extradition to US – The Guardian

Posted August 3rd, 2018 in appeals, banking, extradition, fraud, news by tracey

‘HSBC’s former head of currency trading has won a last-ditch battle to block his extradition to the US, where he faces 11 charges of foreign exchange rigging which each carry a maximum 30-year prison sentence.’

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The Guardian, 31st July 2018

Source: www.theguardian.com

Adopt inquisitorial criminal justice system in UK, charity urges – The Guardian

Posted August 3rd, 2018 in criminal justice, legal aid, news, reports by tracey

‘Toynbee Hall says it favours continental-style system because adversarial process is expensive and inefficient.’

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The Guardian, 2nd August 2018

Source: www.theguardian.com

Man who threw baby out of window in Luton jailed – BBC News

‘A man who threw a seven-month-old baby and its mother out of a window has been jailed for life.’

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BBC News, 2nd August 2018

Source: www.bbc.co.uk

Matthew Scully-Hicks: Social services chief apologises for mistakes leading to toddler being murdered by adoptive father – The Independent

Posted August 3rd, 2018 in adoption, child abuse, doctors, murder, news, social services by tracey

‘A social services chief has apologised for mistakes in the care of a baby girl who was murdered by her father two weeks after he adopted her. A review has found that both social services workers and a doctor missed opportunities to spot anything abnormal when Elsie Scully-Hicks suffered a catalogue of injuries in the months before she died.’

Full Story

The Independent, 2nd August 2018

Source: www.independent.co.uk