BAILII: Recent Decisions

Posted March 21st, 2019 in law reports by tracey

Supreme Court

Takhar v Gracefield Developments Ltd & Ors [2019] UKSC 13 (20 March 2019)

SAE Education Ltd v Revenue and Customs [2019] UKSC 14 (20 March 2019)

Court of Appeal (Civil Division)

Easy Rent A Car Ltd & Anor v Easygroup Ltd [2019] EWCA Civ 477 (20 March 2019)

Matthew & Ors v Sedman & Ors [2019] EWCA Civ 475 (20 March 2019)

Salix Homes v Mantato [2019] EWCA Civ 445 (20 March 2019)

Christianuyi Ltd & Ors v Revenue And Customs [2019] EWCA Civ 474 (19 March 2019)

Court of Appeal (Criminal Division)

YZ & Anor, R. v [2019] EWCA Crim 466 (19 March 2019)

High Court (Administrative Court)

Coughlan, R (On the Application Of) v The Minister for the Cabinet Office [2019] EWHC 641 (Admin) (20 March 2019)

High Court (Chancery Division)

Freshasia Foods Ltd v Lu [2019] EWHC 638 (Ch) (20 March 2019)

Test Claimants In Class 8 of the CFC & Dividend Group Litigation v HM Revenue and Customs [2019] EWHC 688 (Ch) (20 March 2019)

Source: www.bailii.org

Police and council acted unlawfully when using 1847 law to seize sheep – Local Government Lawyer

Posted March 21st, 2019 in animals, compensation, confiscation, damages, local government, news, police by tracey

‘A council and the police acted unlawfully when they used a Victorian law against a shepherd whose sheep had entered a village.’

Full Story

Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

NHS employee fined for unlawfully accessing personal records – Local Government Lawyer

‘An employee of an NHS Foundation Trust in the West Midlands has been fined for unlawfully accessing the personal records of 14 individuals.’

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Local Government Lawyer, 21st March 2019

Source: www.localgovernmentlawyer.co.uk

Supreme Court allows ‘reasonable diligence’ appeal in fraud claim – Law Society’s Gazette

Posted March 21st, 2019 in appeals, fraud, news, setting aside, Supreme Court by tracey

‘A person who applies to set aside a judgment on the basis of fraud does not have to demonstrate that the fraud could not have been spotted with reasonable diligence, the Supreme Court has ruled. The judgment in Takhar v Gracefield Developments Limited and others seeks to resolve a ‘bare-knuckle’ conflict between two long-standing principles of public law: that fraud unravels all and that there must come an end to litigation.’

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Law Society's Gazette, 20th March 2019

Source: www.lawgazette.co.uk

Barry Bennell expenses claim raises questions about Crewe’s legal defence – The Guardian

Posted March 21st, 2019 in child abuse, children, damages, documents, evidence, expenses, news, sexual offences, sport, victims by tracey

‘Here is the expenses claim from Barry Bennell that raises significant questions about the defence put forward by Crewe Alexandra’s lawyers to fight the high court claims lodged by victims of the paedophile coach. It shows Bennell claimed £5 per boy to accommodate them at his house during the years when he used his position as Crewe’s youth-team coach to feed what prosecutors have described as his “almost insatiable appetite for young boys”.’

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The Guardian, 20th March 2019

Source: www.theguardian.com

Home Office refuses Christian convert asylum by quoting Bible passages that ‘prove Christianity is not peaceful’ – The Independent

Posted March 21st, 2019 in asylum, Christianity, government departments, immigration, news, statistics by tracey

‘The Home Office has refused asylum to a Christian convert by quoting Bible passages which it says prove Christianity is not a peaceful religion. The Iranian national, who claimed asylum in 2016, was told passages in the Bible were “inconsistent” with his claim to have converted to Christianity after discovering it was a “peaceful” faith.’

Full Story

The Independent, 21st March 2019

Source: www.independent.co.uk

Sheffield United’s Sophie Jones quits football after being found guilty of racial abuse, labels FA hearing a ‘kangaroo court’ – The Independent

Posted March 21st, 2019 in evidence, fines, news, racism, sport, witnesses by tracey

‘Sheffield United’s Sophie Jones has claimed she will quit football after being found guilty of racially abusing Renee Hector by the FA. Jones labelled the FA’s hearing as a “kangaroo court” and says she can no longer play under a governing body who she “does not have any confidence in”. The FA reached a guilty verdict on Wednesday after Jones was alleged to have made monkey noises at Tottenham’s Renee Hector on 6 January in the Women’s Championship, with the 27-year-old receiving a five-match ban and being fined £200. Jones was subsequently sacked by Sheffield United.’

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The Independent, 20th March 2019

Source: www.independent.co.uk

Judge who banged her head on a desk during a court hearing was being ‘sarcastic and condescending” investigation rules – Daily Telegraph

Posted March 21st, 2019 in children, complaints, contact orders, families, family courts, judges, news, standards by tracey

‘ A “sarcastic and condescending” judge who banged her head on her desk after a member of the public appeared before her at a family court hearing has been reprimanded.’

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Daily Telegraph, 20th March 2019

Source: www.telegraph.co.uk

‘No consent’ for teeth removal op on woman who later died – BBC News

‘The mother of a disabled woman who died after all her teeth were removed says she did not consent to the operation. Rachel Johnston’s family has started a legal claim for negligence, saying medics failed to discuss risks of the treatment she had for tooth decay.’

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BBC News, 21st March 2019

Source: www.bbc.co.uk

Home Office overseeing ‘serious failings’ in almost every stage of immigration detention process, MPs warn – The Independent

Posted March 21st, 2019 in detention, government departments, immigration, news, time limits, torture by tracey

‘The Home Office is overseeing “serious failings” in almost every stage of the immigration detention process, according to a new report which makes fresh calls for a time limit on detention.’

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The Independent, 21st March 2019

Source: www.independent.co.uk

Shamima Begum family challenge Javid’s citizenship decision – The Guardian

‘The family of Shamima Begum has formally started court challenges against the home secretary, saying Sajid Javid’s decision to strip the teenager of her citizenship is unfair because hundreds of Britons who went to Islamic State territory have been allowed back.’

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The Guardian, 20th March 2019

Source: www.theguardian.com

Lorraine Kelly wins £1.2m tax case against HMRC over ITV work – BBC News

‘Lorraine Kelly has won a row over a £1.2m tax bill, after a judge ruled she was not employed by ITV, but performs as her “chatty” TV persona.’

Full Story

BBC News, 21st March 2019

Source: www.bbc.co.uk