BAILII: Recent Decisions

Posted November 26th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Basir, R (On the Application Of) v Secretary of State for the Home Department [2018] EWCA Civ 2612 (23 November 2018)

Khan v MNX [2018] EWCA Civ 2609 (23 November 2018)

Economou v De Freitas [2018] EWCA Civ 2591 (21 November 2018)

Aspen Underwriting Ltd & Ors v Credit Europe Bank NV [2018] EWCA Civ 2590 (21 November 2018)

Court of Appeal (Criminal Division)

Marchant, R v [2018] EWCA Crim 2606 (23 November 2018)

High Court (Administrative Court)

Segalov, R (on the application of) v Chief Constable of Sussex Police & Anor [2018] EWHC 3187 (Admin) (23 November 2018)

HJ Banks & Company Ltd v Secretary of State for Housing Communities And Local Government [2018] EWHC 3141 (Admin) (23 November 2018)

J1, R (on the application of) v Special Immigration Appeals Commission & Anor [2018] EWHC 3193 (Admin) (23 November 2018)

High Court (Chancery Division)

The Secretary of State for Business, Energy & Industrial Strategy v Zannetou (Re: Ixoyc Anesis (2014) Ltd) [2018] EWHC 3190 (Ch) (23 November 2018)

UBS AG v Rose Capital Ventures Ltd & Ors [2018] EWHC 3137 (Ch) (21 November 2018)

Easygroup Ltd v Easy Fly Express Ltd & Anor [2018] EWHC 3155 (Ch) (21 November 2018 )

The Bank Of New York Mellon, London Branch v Essar Steel India Ltd [2018] EWHC 3177 (Ch) (21 November 2018)

High Court (Commercial Court)

Sotheby’s v Mark Weiss Ltd & Ors [2018] EWHC 3179 (Comm) (26 November 2018)

Katara Hospitality v Guez & Anor [2018] EWHC 3063 (Comm) (23 November 2018)

CRS GT Ltd v McLaren Automotive Ltd & Ors [2018] EWHC 3209 (Comm) (23 November 2018)

High Court (Family Division)

Human Fertilisation And Embryology Act 2008 (Case AM), Re [2018] EWHC 3178 (Fam) (23 November 2018)

C v C [2018] EWHC 3186 (Fam) (22 November 2018)

High Court (Queen’s Bench Division)

Mark v Universal Coatings & Services Ltd & Anor [2018] EWHC 3206 (QB) (23 November 2018)

LP v Wye Valley NHS Trust [2018] EWHC 3039 (QB) (22 November 2018)

Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 3144 (QB) (21 November 2018)

Source: www.bailii.org

Lord Sumption at the Young Bar Conference 2018, London – Supreme Court

Posted November 26th, 2018 in advocacy, barristers, judiciary, legal aid, speeches by tracey

‘Lord Sumption at the Annual Bar and Young Bar Conference 2018, London.’

Full speech

Supreme Court, 24th November 2018

Source: www.supremecourt.uk

Annual Bar and Young Bar Conference 2018: David Gauke speech – Ministry of Justice

Posted November 26th, 2018 in artificial intelligence, barristers, brexit, budgets, courts, divorce, fees, speeches by tracey

‘Lord Chancellor David Gauke spoke about the revised Advocates Graduated Fee Scheme in his speech on 24 November 2018.’

Full speech

Ministry of Justice, 24th November 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Crackdown to stop rogue bailiffs making lives a misery – Ministry of Justice

Posted November 26th, 2018 in bailiffs, debts, press releases by tracey

‘Sweeping Government reforms in 2014 significantly curtailed bailiffs’ powers, as well as improving transparency and ensuring those with outstanding debts knew their rights.
Having listened to concerns from charities, debt advice organisations and others, the Government has today launched a Call for Evidence to seek views on what more should be done to protect the public.’

Full press release

Ministry of Justice, 25th November 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Deal with proportionality at start of assessment, says costs judge – Litigation Futures

Posted November 26th, 2018 in costs, news, proportionality by tracey

‘Proportionality should be addressed at the beginning of an assessment, and not the end, because it should inform the reasonableness of the costs, a costs judge has suggested.’

Full Story

Litigation Futures, 26th November 2018

Source: www.litigationfutures.com

Sumption: Bar of future will be smaller and more specialist – Legal Futures

Posted November 26th, 2018 in advocacy, barristers, judiciary, legal aid, news by tracey

‘There will be fewer and more specialist barristers in the future, Lord Sumption has predicted, as he criticised some of the Bar’s actions in response to legal aid cuts.’

Full Story

Legal Futures, 26th November 2018

Source: www.legalfutures.co.uk

Gang convicted of violent attack which saw corrosive substance squirted at bystanders – Crown Prosecution Service

Posted November 26th, 2018 in gangs, guilty pleas, hazardous substances, news, violent disorder by tracey

‘Nine men have been convicted of carrying out a violent attack which saw a corrosive substance squirted at bystanders trying to stop a street assault.’

Full Story

Crown Prosecution Service, 22nd November 2018

Source: www.cps.gov.uk

Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018 – Courts and Tribunals Judiciary

Posted November 26th, 2018 in care orders, children, family courts, guardianship, social services, speeches, time limits by tracey

‘Speech by Rt. Hon. Sir Andrew McFarlane: Association of Lawyers for Children Conference 2018.’

Full speech

Courts and Tribunals Judiciary, 23rd November 2018

Source: www.judiciary.uk

Stop and search has no real impact on reducing knife crime, research suggests – The Independent

Posted November 26th, 2018 in news, offensive weapons, police, stop and search by tracey

‘Stop and search does not significantly reduce knife crime, research has suggested, as the home secretary and senior police officers call for the power to be used more widely.’

Full Story

The Independent, 25th November 2018

Source: www.independent.co.uk

New ombudsman gives rail commuters a fast track for complaints – The Guardian

Posted November 26th, 2018 in complaints, news, ombudsmen, railways by tracey

‘Passengers dissatisfied with how train companies handle complaints can now appeal to an independent arbiter, as a new rail ombudsman service comes into force today.
The ombudsman will have binding powers over train firms should it uphold a customer complaint.’

Full Story

The Guardian, 26th November 2018

Source: www.theguardian.com

Medical device rules need ‘drastic change’ to protect patients – BBC News

Posted November 26th, 2018 in experiments, health & safety, medical treatment, news by tracey

‘Urgent and drastic changes to the rules around medical devices, such as pacemakers, are needed to protect patients, according to the Royal College of Surgeons. It wants a register of every device in every patient set up so doctors know if new innovations are causing harm.’

Full Story

BBC News, 26th November 2018

Source: www.bbc.co.uk

City watchdog steps up its inquiries into ‘crypto’ firms – Daily Telegraph

Posted November 26th, 2018 in consumer protection, electronic commerce, financial regulation, fraud, news by tracey

‘As the price of the controversial “cryptocurrency” Bitcoin plunges, new figures show that the City watchdog is stepping up its investigations into the murky sector.’

Full Story

Daily Telegraph, 25th November 2018

Source: www.telegraph.co.uk

Google settled racism case from contractor ‘treated like a terrorist’ – The Guardian

Posted November 26th, 2018 in compensation, harassment, internet, news, racism, terrorism by tracey

‘Google was forced to settle a claim of race discrimination by one of its contractors after he claimed he was repeatedly treated as a terror suspect while working on a covert research project to navigate shopping centres for Google Maps.’

Full Story

The Guardian, 25th November 2018

Source: www.theguardian.com

Facebook documents seized by MPs investigating privacy breach – BBC News

Posted November 26th, 2018 in data protection, documents, internet, news, parliament, privacy, search & seizure by tracey

‘A cache of Facebook documents has been seized by MPs investigating the Cambridge Analytica data scandal. Rarely used parliamentary powers were used to demand that the boss of a US software firm hand over the details.’

Full Story

BBC News, 25th November 2018

Source: www.bbc.co.uk

Sacked 88-year-old woman sues the NHS for age discrimination – Daily Telegraph

Posted November 26th, 2018 in age discrimination, hospitals, news, unfair dismissal by tracey

‘An 88-year-old secretary has become the oldest person to sue the NHS for age discrimination after she was sacked despite not having a sick day in 10 years.’

Full Story

Daily Telegraph, 25th November 2018

Source: www.telegraph.co.uk

Facebook appeals against Cambridge Analytica fine – BBC News

Posted November 23rd, 2018 in appeals, data protection, fines, internet, news, ombudsmen, privacy by sally

‘Facebook has appealed against a fine imposed on it by the UK’s data watchdog after the Cambridge Analytica scandal.’

Full Story

BBC News, 21st November 2018

Source: www.bbc.co.uk

BSB gains power to intervene in barristers’ practices – Legal Futures

Posted November 23rd, 2018 in barristers, disciplinary procedures, documents, enforcement, news, regulations by sally

‘The Bar Standards Board (BSB) now has the power to intervene in individual barristers’ practices among a host of other new regulatory tools that have been approved by Parliament.’

Full Story

Legal Futures, 23rd November 2018

Source: www.legalfutures.co.uk

Scrapping juries in rape trials risks rise in miscarriages of justice – The Guardian

‘There is no evidence juries are failing their duty. Abolishing them could increase pressure on judges to boost conviction rates.’

Full Story

The Guardian, 22nd November 2018

Source: www.theguardian.com

Proposed legislation to create heterosexual civil partnerships will still not create a “common law” marriage – Family Law

‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’

Full Story

Family Law, 22nd November 2018

Source: www.familylaw.co.uk

Barrister reprimanded for drunken behaviour at Bar Mess event – Legal Futures

Posted November 23rd, 2018 in barristers, disciplinary procedures, drunk and disorderly, fines, law firms, news by sally

‘A barrister has been reprimanded and fined for his drunken behaviour towards a pupil at an informal Bar Mess event.’

Full Story

Legal Futures, 22nd November 2018

Source: www.legalfutures.co.uk