BAILII: Recent Decisions

Posted September 20th, 2018 in law reports by tracey

High Court (Queen’s Bench Division)

SW v Department for Work And Pensions No 2 [2018] EWHC 2282 (QB) (14 September 2018)


Organ preservation, cryonics and charity law: Hipkiss – Law & Religion UK

Posted September 20th, 2018 in charities, human tissue, news, rectification, tribunals by tracey

‘In November 2016, the BBC carried the story Terminally-ill teen won historic ruling to preserve body, following the lifting the territorial reporting restrictions which existed until one month after the death of the teenager concerned, a girl referred to as “JS”: see JS (Disposal of Body), Re [2016] EWCH (Fam). We noted the case here and looked at some of the more general practicalities of regulating cryogenic preservation – the storage of the brains and/or bodies of legally-dead humans at low temperatures. In the aftermath of the ruling in JS, the Charity Commission for England and Wales decided in 2017 to remove the Human Organ Preservation Research Trust (HOPRT) from the Register; and in Hipkiss v Charity Commission for England & Wales [2018] FTT (Charity) CA/2017/0014, Mr Graham Hipkiss, its sole remaining trustee, succeeded in an appeal to the First Tier Charity Tribunal against the order of the Commission.’

Full Story

Law & Religion UK, 17th September 2018


Arbitration clause “trumps” Part 8 application to overturn adjudicator’s decision – Practical Law: Construction Blog

Posted September 20th, 2018 in arbitration, construction industry, contracts, costs, news, stay of proceedings by tracey

‘When I was a kid, Top Trumps were all the rage. I know from my own boys that they still are. Back then, it was all about whether you had the fastest car or the most popular footballer (even Star Wars characters featured, but how did you decide if Hans Solo was better than Princess Leia?). Now, just about every topic is covered by a set of cards.
I mention this because a recent TCC judgment demonstrates that the arbitration clause in the JCT standard building contract can “trump” a Part 8 application for declaratory relief, with the court granting a stay of those Part 8 proceedings.’

Full Story

Practical Law: Construction Blog, 18th September 2018


Tanzil Chowdhury: Statutorising UK Military Deployments and Assessing Anxieties of Their Justiciability – UK Constitutional Law Association

Posted September 20th, 2018 in bills, constitutional law, international law, news, parliament, war by tracey

‘The paramount anxieties that emerge from attempts to statutorising Parliament’s role in making decisions on whether to commit military action abroad has not just been to do with deferring power from the executive to the Commons, but also with the potential justiciability of such decisions. While frequent attempts to table such bills are often accompanied with assurances that these fears are misplaced, this post argues that putting Parliament’s role in deployment decisions, considered a matter of high policy, on a statutory footing could pierce the seemingly impermeable veil of non-justiciability that attend them and subject these decisions to common law review – a development that ought to be welcome.’

Full Story

UK Constitutional Law Association, 17th September 2018


Supreme Court refuses to hear appeal over ‘dishonest’ costs claims – Litigation Futures

Posted September 20th, 2018 in appeals, costs, law firms, news, Supreme Court by tracey

‘The Supreme Court has refused permission for a third appeal by a Leeds law firm against a ruling that it submitted ‘dishonest’ costs claims.’

Full Story

Litigation Futures, 19th September 2018


Speech by Sir Geoffrey Vos, Chancellor of the High Court: Certainty v. Creativity: Some pointers towards the development of the common law – Courts and Tribunals Judiciary

Posted September 20th, 2018 in judges, judiciary, speeches by tracey

‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: Certainty v. Creativity: Some pointers towards the development of the common law.’

Full speech

Courts and Tribunals Judiciary, 17th September 2018


‘Don’t swell the ranks with solicitors’ – bar fights training reforms – Law Society’s Gazette

Posted September 20th, 2018 in barristers, legal education, legal profession, news, solicitor advocates, solicitors by tracey

‘Proposed reforms to barristers’ training would “unacceptably dilute” the bar’s standards by giving solicitors an easy route to entry, the Bar Council has said. In its response to proposals for reforming the education and training requirements for barristers, the representative body says that exempting solicitor advocates from parts of the qualification process would “be attractive to solicitors who regard admission to the bar as a badge of achievement, and who will recognise that this route to that badge is fundamentally less arduous than the route barristers currently take.”‘

Full Story

Law Society's Gazette, 19th September 2018


A fairer deal for leaseholders of houses and flats – Law Commission

‘The Law Commission has proposed a series of radical reforms designed to provide a better deal for leaseholders who want to purchase the freehold or to extend the lease of their home.’

Full press release

Law commission, 20th September 2018


Woman pretended daughter was injured in Manchester attack for insurance claim – The Independent

Posted September 20th, 2018 in fraud, insurance, news, personal injuries, proceeds of crime, sentencing by tracey

‘A woman who pretended her fake daughter was injured in the Manchester attack to make an insurance claim has been jailed for fraud. Susan Pain, who worked in insurance herself, posed as a dentist and said her daughter “Sophie” had sustained serious injuries needing two operations following the bombing that left 22 people dead last year. But AXA could not trace a victim under the name given in the £2,500 claim for loss of earnings, and alerted the police after uncovering years of false claims by Pain.’

Full Story

The Independent, 19th September 2018


Brecon Beacons SAS deaths: Call for MoD to face courts – BBC News

Posted September 20th, 2018 in armed forces, courts martial, criminal justice, immunity, negligence, news, prosecutions by tracey

‘The Ministry of Defence has not learned lessons from the deaths of three men on an SAS march and should lose its immunity from prosecution, an MP says.’

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BBC News, 19th September 2018


Equifax fined by ICO over data breach that hit Britons – BBC News

Posted September 20th, 2018 in consumer credit, data protection, fines, news by tracey

‘Credit rating agency Equifax is to be fined £500,000 by the Information Commissioner’s Office (ICO) after it failed to protect the personal data of 15 million Britons.’

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BBC News, 20th September 2018


Scores of cases of alleged poor care on Shrewsbury and Telford Hospitals Trust maternity unit to be reviewed – The Independent

Posted September 20th, 2018 in birth, duty of care, hospitals, midwives, news by tracey

‘More than 100 cases of alleged poor care are reportedly set to be reviewed at a beleaguered maternity unit.’

Full Story

The Independent, 20th September 2018