BAILII: Recent Decisions

Posted October 1st, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Holmcroft Properties Ltd, R (On the Application Of) v KPMG LLP [2018] EWCA Civ 2093 (28 September 2018)

AC, R (On the Application Of) v The Director of Public Prosecutions [2018] EWCA Civ 2092 (27 September 2018)

High Court (Administrative Court)

Wyatt & Anor, R (On the Application Of) v Thames Valley Police [2018] EWHC 2489 (Admin) (28 September 2018)

Uwen v The General Medical Counsel [2018] EWHC 2484 (Admin) (26 September 2018)

High Court (Patents Court)

Clearswift Ltd v Glasswall (IP) Ltd [2018] EWHC 2442 (Pat) (28 September 2018)

High Court (Queen’s Bench Division)

Welsh v Walsall Healthcare NHS Trust (Costs) [2018] EWHC 2491 (QB) (28 September 2018)

High Court (Technology and Construction Court)

Ocean Outdoor UK Ltd v Hammersmith And Fulham [2018] EWHC 2508 (TCC) (28 September 2018)

Source: www.bailii.org

Law Commission consults on employment law hearings to tackle jurisdiction issues – Local Government Lawyer

Posted October 1st, 2018 in consultations, employment tribunals, jurisdiction, Law Commission, news by sally

‘The Law Commission has launched a consultation on how employment law disputes are decided, in a bid to resolve problems caused by the allocation of jurisdiction.’

Full Story

Local Government Lawyer, 28th September 2018

Source: www.localgovernmentlawyer.co.uk

Human trafficking: is our system for combating it fit for purpose? – UK Human Rights Blog

Posted October 1st, 2018 in news, trafficking in human beings, treaties by sally

‘Human trafficking or modern slavery is one of the most appalling forms of criminal activity today. It’s also one of the most widespread and fastest-growing.’

Full Story

UK Human Rights Blog, 28th September 2018

Source: ukhumanrightsblog.com

Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman – UK Constitutional Law Association

Posted October 1st, 2018 in brexit, EC law, judicial review, news, referendums, Scotland, treaties by sally

‘The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to critique on both sides of the Brexit debate within the UK and was largely dismissed as unworkable by EU leaders on 20 September 2018. The following day, Theresa May declared that the burden was then on the EU to devise a plan for Brexit.’

Full Story

UK Constitutional Law Association, 26th September 2018

Source: ukconstitutionallaw.org

Why doesn’t prison work for women? – BBC News

Posted October 1st, 2018 in news, prisons, recidivists, women by sally

‘Women make up just under 5% of the prison population in England and Wales, yet they are more likely than men to reoffend. Why doesn’t prison work for women and what is being done to improve outcomes for them?’

Full Story

BBC News, 29 September 2018

Source: www.bbc.co.uk

Rape complainants’ lawyers to challenge CPS over dropped cases – The Guardian

‘Lawyers for rape complainants who have been “failed” by the criminal justice system are preparing to launch a legal challenge against the Crown Prosecution Service, the Guardian has learned.’

Full Story

The Guardian, 28th September 2018

Source: www.theguardian.com

Restaurants face ban on taking share of tips – BBC News

Posted October 1st, 2018 in employment, food, news, remuneration by sally

‘Restaurants will be legally barred from keeping tips from staff under plans to be announced by Theresa May on Monday.’

Full Story

BBC News, 1 October 2018

Source: www.bbc.co.uk

Police super-database prompts Liberty warning on privacy – The Guardian

Posted October 1st, 2018 in consultations, criminal records, news, police, privacy by sally

‘A new super-database being built for the police represents a “grave” risk to privacy, a leading human rights group has said.’

Full Story

The Guardian, 1 October 2018

Source: www.theguardian.com

Charity brings legal action against Home Office over use of children as spies – Local Government Lawyer

Posted October 1st, 2018 in children, judicial review, news, police, spying by sally

‘A charity has issued judicial review proceedings against the Home Office concerning the use of children as spies by the police and other investigative agencies.’

Full Story

Local Government Lawyer, 28th September 2018

Source: www.localgovernmentlawyer.co.uk

Barristers not making harassment complaints to regulator – Legal Futures

‘Reports of sexual harassment at the Bar are not turning into formal complaints to barristers’ regulator, new figures have shown.’

Full Story

Legal Futures, 1 October 2019

Source: www.legalfutures.co.uk

A noisy appeal – Nearly Legal

Posted October 1st, 2018 in appeals, housing, news, noise, nuisance, repossession by sally

‘This was Curo Places appeal of a Circuit Judge’s dismissal of its possession claim against Ms Walker.’

Full Story

Nearly Legal, 30th September 2018

Source: nearlylegal.co.uk

Combustible cladding ban set to be announced – BBC News

Posted October 1st, 2018 in construction industry, fire, health & safety, news by sally

‘Combustible cladding is to be banned for all new schools, hospitals, care homes, student accommodation and residential buildings in England above 18m (60ft).’

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BBC News, 30th September 2018

Source: www.bbc.co.uk

Judge hits out at case against senior police officer accused of ‘shoulder barging’ female colleague – Daily Telegraph

Posted October 1st, 2018 in assault, news, police, prosecutions, Uncategorized by sally

‘A judge and police leaders have questioned why a senior counter-terror officer had to face a criminal trial over a complaint that he “shoulder-barged” a female colleague.’

Full Story

Daily Telegraph, 28th September 2018

Source: www.telegraph.co.uk

Justice ‘only for the wealthy’: Law Society condemns legal aid cuts – The Guardian

Posted October 1st, 2018 in budgets, Law Society, legal aid, legal representation, news by sally

‘It is increasingly difficult for defendants and claimants to find solicitors prepared to represent them due to government legal aid cuts, the Law Society has warned.’

Full Story

The Guardian, 28th September 2018

Source: www.theguardian.com