Recent Statutory Instruments –

Posted October 5th, 2018 in legislation by tracey

The Recall Petition (Petition Officer’s Charges) (Northern Ireland) Regulations 2018

The Legislative Reform (Regulator of Social Housing) (England) Order 2018

The Friendly Societies (Amendment) (EU Exit) Regulations 2018

The Consumer Credit (Amendment) (EU Exit) Regulations 2018

The Zootechnical Standards (England) Regulations 2018

The Firearms (Amendment) Rules 2018


SFO will not appeal landmark litigation privilege ruling –

‘The Serious Fraud Office (SFO) will not appeal to the Supreme Court last month’s ruling that documents generated in connection with an investigation into the Eurasian Natural Resources Corporation (ENRC) were protected by litigation privilege, it has confirmed.’

Full Story, 3rd October 2018


UK government publishes guidance to support new trade mark laws –

Posted October 5th, 2018 in brexit, documents, EC law, intellectual property, news, time limits, trade marks by tracey

‘The UK government has published documents designed to support the implementation of new trade mark laws, which come into force next year.’

Full Story, 4th October 2018


Adjudicator’s chicken and egg jurisdictional dilemma – Practical Law: Construction Blog

Posted October 5th, 2018 in building law, contracts, dispute resolution, jurisdiction, news by tracey

‘The last time I looked at the dispute between Rawlings Consulting (UK) Ltd and Maelor Foods Ltd, I was talking about HHJ Eyre’s judgment and how the arbitration clause in a JCT standard building contract can “trump” a Part 8 application for declaratory relief. This time, I’m looking at HHJ Stephen Davies’ judgment and Maelor’s (the employer) jurisdictional challenge, based on the argument that the dispute which Rawlings (the contractor) referred to adjudication arose under more than one contract.’

Full Story

Practical Law: Construction Blog, 2nd October 2018


Rejection of unaccompanied asylum seeking children unlawful for lack of reasons – Court of Appeal – UK Human Rights Blog

‘Help Refugees Ltd, R (on the application of) v Secretary of State for the Home Secretary [2018] EWCA Civ 2098. This was an appeal by Help Refugees Ltd against the refusal of its application for judicial review of the secretary of state’s consultation process regarding the relocation of unaccompanied asylum-seeking children under Section 67 of the Immigration Act 2016.’

Full Story

UK Human Rights Blog, 4th October 2018


Drug wars about macular degeneration – UK Human Rights Blog

Posted October 5th, 2018 in health, health & safety, judicial review, medicines, news by tracey

‘Bayer Plc v NHS Darlington Clinical Commissioning Groups (CCG) and others [2018] EWHC 2465 (Admin). This judicial review concerned whether it was lawful for NHS clinical commissioning groups to adopt a policy for offering the drug Avastin to patients suffering from “wet” (or neo-vascular) age-related macular degeneration (AMD). Avastin, although not licensed for ophthalmic use, at £28 per injection is significantly cheaper than the licensed alternatives (£816 and £551 respectively per injection). The Royal College of Ophthalmologists has estimated that the NHS-wide saving of switching to Avastin was at least £102 million p.a.’

Full Story

UK Human Rights Blog, 4th October 2018


BAILII: Recent Decisions

Posted October 5th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Help Refugees Ltd, R (on the application of) v The Secretary of State for Home Department & Anor [2018] EWCA Civ 2098 (03 October 2018)

Evans & Anor v South Wales Police [2018] EWCA Civ 2107 (02 October 2018)

Pathan & Anor v Secretary of State for the Home Department [2018] EWCA Civ 2103 (02 October 2018)

High Court (Administrative Court)

Salih, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2539 (Admin) (03 October 2018)

National Crime Agency v Mrs A (Rev 1) [2018] EWHC 2534 (Admin) (03 October 2018)

Rawlins v Crown Prosecution Service [2018] EWHC 2533 (Admin) (03 October 2018)

High Court (Chancery Division)

Griffin v Higgs & Ors [2018] EWHC 2498 (Ch) (03 October 2018)

Culliford & Anor v Thorpe [2018] EWHC 2532 (Ch) (02 October 2018)

High Court (Commercial Court)

The Cultural Foundation (American School of Dubai) v Beazley Furlonge Ltd & Ors [2018] EWHC 2548 (Comm) (03 October 2018)

Danilina v Chernukhin & Ors [2018] EWHC 2503 (Comm) (02 October 2018)

Recydia Atik Yonetimi Yenilenebilir Enerji Uretimi Nakliye ve Lojistik Hizmetleri San. ve Tic. AS v Collins-Thomas & Ors [2018] EWHC 2506 (Comm) (01 October 2018)

High Court (Family Division)

Rogan v Rogan [2018] EWHC 2512 (Fam) (21 September 2018)


MIB ordered to pay out for injury suffered on private land – Litigation Futures

‘The Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land, the High Court has ruled.’

Full Story

Litigation Futures, 4th October 2018


People traffickers jailed after exploiting vulnerable and homeless people – Crown Prosecution Service

‘A gang of human traffickers, including six members of the same family, have been jailed for more than 24 years’ for trafficking and exploiting vulnerable and homeless people.’

Full press release

Crown Prosecution Service, 4th October 2018


Divorce & Financial Remedy Update, October 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during September 2018.’

Full Story

Family Law Week, 2nd October 2018


Sex offences rise by 16% on trains as railway crime surges – Daily Telegraph

Posted October 5th, 2018 in news, railways, sexual offences, statistics, violence, weapons by tracey

‘A sharp jump in violent and sexual offences has fuelled a 17% increase in crimes recorded on Britain’s railways, official figures show.’

Full Story

Daily Telegraph, 5th October 2018


UK asylum seekers may have been detained unlawfully, rules court – The Guardian

Posted October 5th, 2018 in appeals, asylum, detention, false imprisonment, immigration, news, time limits by tracey

‘Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled.’

Full Story

The Guardian, 4th October 2018


NHS waste backlog: Criminal probe over body parts ‘pile up’ – BBC News

Posted October 5th, 2018 in contracting out, environmental health, hospitals, news, waste by tracey

‘A criminal investigation has been launched after a backlog of medical waste including body parts was allowed to build up at six UK disposal sites.’

Full Story

BBC News, 5th October 2018


MI5 provides immunity for agents’ criminal acts, tribunal told – The Guardian

‘MI5 grants its informants legal cover to participate in crimes that may extend to murder, torture and sexual assaults, a tribunal has heard.’

Full Story

The Guardian, 4th October 2018


Drug dealer jailed for trafficking vulnerable children in ‘county lines’ operation – The Independent

‘A man who trafficked three children, including a 14-year-old girl, to use as drug dealers in a “county lines” ring has been jailed for 14 years in a landmark prosecution.’

Full Story

The Independent, 4th October 2018