BAILII: Recent Decisions

Posted April 3rd, 2019 in law reports by tracey

Supreme Court

Newby Foods Ltd, R (on the application of) v Food Standards Agency [2019] UKSC 18 (3 April 2019)

Stocker v Stocker [2019] UKSC 17 (3 April 2019)

Court of Appeal (Civil Division)

Ullah v The Secretary of State for the Home Department [2019] EWCA Civ 550 (03 April 2019)

Churston Golf Club Ltd v Haddock [2019] EWCA Civ 544 (03 April 2019)

G (Children : Intractable Dispute) [2019] EWCA Civ 548 (03 April 2019)

Herbert v H H Law Ltd [2019] EWCA Civ 527 (03 April 2019)

Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515 (03 April 2019)

Butt v Revenue And Customs [2019] EWCA Civ 554 (03 April 2019)

British Airways Plc v Prosser [2019] EWCA Civ 547 (02 April 2019)

KP (Pakistan) & Anor v The Secretary of State for the Home Department [2019] EWCA Civ 556 (02 April 2019)

Court of Appeal (Criminal Division)

SB, R v [2019] EWCA Crim 565 (03 April 2019)

Melin, R v [2019] EWCA Crim 557 (02 April 2019)

Clifford v R [2019] EWCA Crim 545 (02 April 2019)

High Court (Administrative Court)

Holownia v Secretary of State for the Home Department [2019] EWHC 794 (Admin) (03 April 2019)

High Court (Queen’s Bench Division)

Dalton v Southend University Hospital NHS Foundation Trust [2019] EWHC 832 (QB) (03 April 2019)

Folkes & Ors v Generali Assurances [2019] EWHC 801 (QB) (02 April 2019)

High Court (Technology and Construction Court)

Essex County Council v UBB Waste (Essex) Ltd [2019] EWHC 819 (TCC) (02 April 2019)

Source: www.bailii.org

Stefan Theil: Unconstitutional Prorogation – UK Constitutional Law Association

Posted April 3rd, 2019 in brexit, constitutional law, Crown, news, parliament, prerogative powers by sally

‘Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the support of the House of Commons: all plans put forward again failed to command a majority. In a recent intervention, John Finnis has suggested that the government should prorogue Parliament until after 12 April in order to terminate the current parliamentary debate. Mark Elliott has offered a critique of the broader implications of this argument, namely the claim that such a course of action would be ‘(…) wholly legitimate as a matter of constitutional principle.’ Elliott concludes that parliamentary control of the process is entirely legitimate and in keeping with the British constitution. This piece adds to this analysis by elaborating why the prorogation Finnis advocates under these specific circumstances would be, as Elliott summarily puts it, ‘(…) an argument for unconstitutional action on the part of the Government.’ The piece develops a twofold argument: first, that ministerial advice tendered to seek a prorogation of Parliament under these circumstances is unconstitutional and that the Monarch should disregard it as a matter of constitutional convention; and second that holding otherwise would in effect grant the Prime Minister an unqualified veto over parliamentary business, leaving the government in an unconscionable position of power over the sovereign Parliament. Such an outcome would be fundamentally at odds with British parliamentary democracy, especially principles of democracy and representative and responsible government.’

Full Story

UK Constitutional Law Association, 3rd April 2019

Source: ukconstitutionallaw.org

Ep 75: The Prevent Guidance in Universities – Marina Wheeler QC – Law Pod UK

Posted April 3rd, 2019 in freedom of expression, human rights, news, podcasts, terrorism, universities by sally

‘Emma-Louise Fenelon talks to Marina Wheeler QC about the recent Court of Appeal decision in Butt v Secretary of State for the Home Department and the operation of the Prevent Guidance generally.’

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Law Pod UK, 1st April 2019

Source: audioboom.com

Ban painful restraint techniques on children, say charities – BBC News

Posted April 3rd, 2019 in children, news, prisons, restraint, young offenders by sally

‘Ministers are under growing pressure to ban the painful headlocks, wrist and arm twists that can be used to control children’s behaviour in youth prisons.’

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BBC News, 3rd April 2019

Source: www.bbc.co.uk

The neo-Nazi paedophile who plotted to kill – BBC News

‘A jury has been unable to decide whether Jack Renshaw, a neo-Nazi who admitted a terrorist plot to kill an MP, remained a member of a banned terrorist group. At the end of his fourth and final trial of the past two years, the full story of those cases can now be told.’

Full Story

BBC News, 2nd April 2019

Source: www.bbc.co.uk

High Court dispenses with electronic bill – Litigation Futures

Posted April 3rd, 2019 in budgets, costs, damages, electronic filing, negligence, news, part 36 offers by sally

‘A High Court judge has relieved a claimant who won a trial in January from having to produce an electronic bill for the work undertaken since 6 April 2018.’

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Litigation Futures, 2nd April 2019

Source: www.litigationfutures.com

Bookmakers pull new games after Gambling Commission warning – BBC News

Posted April 3rd, 2019 in gambling, news by sally

‘Two leading UK bookmakers have pulled new high stakes betting games after a warning from the Gambling Commission.’

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BBC News, 2nd April 2019

Source: www.bbc.co.uk

Mother sues over daughter’s suicide attempt in school isolation booth – The Guardian

Posted April 3rd, 2019 in attempts, autism, detention, mental health, news, school children, suicide by sally

‘A woman whose daughter tried to kill herself while in an isolation booth at an academy school is to take legal action against the government.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com

Unrepresented PI litigants to receive “expert view” on claims – Legal Futures

‘Unrepresented personal injury (PI) claimants under the new whiplash regime will have paid-for access to an “independent view” of their claim, the Ministry of Justice has revealed.’

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Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

Fixed costs impact: “Less income per claim but more cases” – Litigation Futures

Posted April 3rd, 2019 in costs, fees, news, solicitors by sally

‘An extended fixed recoverable costs (FRC) regime may lead to reduced income per case for solicitors but this will be balanced by quicker settlements and the chance to take on more cases, the Ministry of Justice has said.’

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Litigation Futures, 1st April 2019

Source: www.litigationfutures.com

Abolish prison terms of under a year to ease safety crisis, say MPs – The Guardian

Posted April 3rd, 2019 in health & safety, imprisonment, news, prisons, sentencing by sally

‘Offenders should no longer be given sentences of under a year to ease the “enduring” prison safety crisis in England Wales, MPs have said in a damning report.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com

English judge says man having sex with wife is ‘fundamental human right’ – The Guardian

‘A row has erupted after a judge spoke in court about the “fundamental human right” of a man to have sex with his wife.’

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The Guardian, 3rd April 2019

Source: www.theguardian.com