BAILII: Recent Decisions

Posted April 24th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Sajjad, R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 720 (17 April 2019)

Giusti v Ferragamo [2019] EWCA Civ 691 (17 April 2019)

High Court (Chancery Division)

Bakrania & Anor v Shah & Ors [2019] EWHC 949 (Ch) (24 April 2019)

Sheffield v Kier Group Plc & Ors [2019] EWHC 986 (Ch) (23 April 2019)

Source: www.bailii.org

Parish councils win High Court challenge over abolition after borough misinterpreted guidance – Local Government Lawyer

‘Slough Borough Council misinterpreted government guidance and so an order providing for the abolition of two parish councils in its area must be quashed, a High Court judge has ruled.’

Full Story

Local Government Lawyer, 23rd April 2019

Source: www.localgovernmentlawyer.co.uk

Case Comment: Wells v Devani [2019] UKSC 4 – UKSC Blog

Posted April 24th, 2019 in appeals, contracts, estate agents, housing, news, Supreme Court by sally

‘Robert Jones and Joseph Marsden, who work within the insurance and reinsurance group at CMS, comment on the decision handed down in the matter of Wells v Devani [2019] UKSC 4.’

Full Story

UKSC Blog, 24th April 2019

Source: ukscblog.com

Solicitor convicted over cannabis farm suspended from practice – Legal Futures

‘A solicitor has been suspended from practice after being convicted of allowing a small cannabis farm to grow in her house.’

Full Story

Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

Stephanie Reynolds: Brexit and the (Not Quite) Constitutionalised Status of EU Citizenship – UK Constitutional Law Association

Posted April 24th, 2019 in brexit, citizenship, constitutional law, EC law, news by sally

‘Since its formal introduction in the Maastricht Treaty, EU citizenship has laid claim to a constitutional status. The Union Treaties – long described by the Court of Justice as the EU’s constitutional texts – explicitly confer the status of Union citizenship on all nationals of the Member States. The asserted significance of this was subsequently confirmed in the seminal Grzelczyk judgment, in which the Court famously declared that EU citizenship was ‘destined to be the fundamental status of nationals of the Member States’.’

Full Story

UK Constitutional Law Association, 24th April 2019

Source: ukconstitutionallaw.org

Firms “putting profit ahead of lawyers’ mental health” – Legal Futures

Posted April 24th, 2019 in codes of practice, duty of care, law firms, mental health, news, solicitors by sally

‘The cultures of some law firms and other legal workplaces mean that well-being is “often not a concern” while they chase increased profits, researchers have found.’

Full Story

Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

Judge warns veteran that PTSD is not a ‘get out of jail free card’ – Daily Telegraph

‘PTSD is not a “get out of jail free card”, a judge has warned as he jails a veteran who blamed his crimes on “harrowing” experiences in Afghanistan.’

Full Story

Daily Telegraph, 23rd April 2019

Source: www.telegraph.co.uk

Give local authorities extra powers to curb junk food ads – report – The Guardian

Posted April 24th, 2019 in advertising, children, enforcement, food, health, local government, London, news by sally

‘Local authorities should be given greater powers to make it easier for them to impose restrictions on junk food advertising in their areas, a report has recommended.’

Full Story

The Guardian, 24th April 2019

Source: www.theguardian.com

Prosecutors threaten trial walk-outs in CPS pay row – BBC News

‘Criminal barristers in England and Wales are threatening to walk out of trials or refuse new work over a pay row with the Crown Prosecution Service.’

Full Story

BBC News, 23rd April 2019

Source: www.bbc.co.uk

UK watchdog blocks record number of child abuse webpages – The Guardian

‘More than 100,000 webpages containing child sexual abuse imagery (CSAI) or videos were identified and blocked over the last year by the UK charity tasked with maintaining the nationwide blacklist, an increase of more than a third on the year before.’

Full Story

The Guardian, 24th April 2019

Source: www.theguardian.com

BAILII: Recent Decisions

Posted April 23rd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Graysons Restaurants Ltd v Jones & Ors [2019] EWCA Civ 725 (17 April 2019)

Goldscheider v Royal Opera House Covent Garden Foundation [2019] EWCA Civ 711 (17 April 2019)

G-L-T (Children) [2019] EWCA Civ 717 (17 April 2019)

High Court (Chancery Division)

Windsor-Clive & Ors v Rees & Anor [2019] EWHC 1008 (Ch) (18 April 2019)

High Court (Queen’s Bench Division)

Donovan & Anor v Grainmarket Asset Management LLP [2019] EWHC 1023 (QB) (18 April 2019)

High Court (Technology and Construction Court)

Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2019] EWHC 989 (TCC) (17 April 2019)

PBS Energo AS v Bester Generacion UK Limited [2019] EWHC 996 (TCC) (17 April 2019)

Source: www.bailii..org

Boy must leave mother with ‘hateful feelings’ for father, judge rules – The Guardian

Posted April 23rd, 2019 in children, custody, news by sally

‘An eight-year-old boy has moved home after a judge was told he was being influenced by his mother’s “hateful feelings” towards his father.’

Full Story

The Guardian, 22nd April 2019

Source: www.theguardian.com

But, it’s a long, long while … – Nearly Legal

Posted April 23rd, 2019 in equality, judicial review, local government, news, travellers by sally

‘The Court of Appeal reviewed Hillingdon’s Equality Impact Assessments, both when introducing the policy in 2013, and when amending it in 2016 (this latter being after Mr Gullu had begun his judicial review). On neither occasion was there any consideration of Travellers or refugees (or indeed Non UK nationals).’

Full Story

Nearly Legal, 22nd April 2019

Source: nearlylegal.co.uk

Test to escape fixed costs in ex-portal cases is “high bar” – Litigation Futures

Posted April 23rd, 2019 in accidents, costs, news, personal injuries, road traffic by sally

‘The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.’

Full Story

Litigation Futures, 23rd April 2019

Source: www.litigationfutures.com

Trade Marks: APT Training and Consultancy Ltd. and another v Birmingham & Solihull Mental Health NHS Trust – NIPC Law

Posted April 23rd, 2019 in education, mental health, news, trade marks by sally

‘This was a very interesting case for two reasons. First, the claim was for the infringement of the claimant’s British and European Union trade marks for educational services, training, seminars and the like relating to psychology by providing mental health care in its hospitals and training in its use under an acronym that was the same as those registered marks. Secondly, the trial of the action took place outside London the first time in the history of the Intellectual Property Enterprise Court (“IPEC”).’

Full Story

NIPC Law, 21st April 2019

Source: nipclaw.blogspot.com

Charities condemn Tory cuts to criminal injuries compensation scheme – The Guardian

Posted April 23rd, 2019 in charities, criminal injuries compensation, news, victims by sally

‘A fall of nearly 60% in the number of victims receiving payments from the criminal injuries compensation scheme, and an almost halving of the amount paid out since the Conservative government came to power, have been condemned by an alliance of charities.’

Full Story

The Guardian, 23rd April 2019

Source: www.theguardian.com

Paralegal jailed for swindling money from clients’ estates – Legal Futures

Posted April 23rd, 2019 in fraud, guilty pleas, news, paralegals, probate, sentencing by sally

‘A paralegal who stole £70,000 from people’s estates to splash out on designer clothes and handbags has been jailed for more than three years.’

Full Story

Legal Futures, 23rd April 2019

Source: www.legalfutures.co.uk

NHS non-disclosure agreements to end, vows Matt Hancock – The Guardian

Posted April 23rd, 2019 in disclosure, health, news, non-disclosure agreements, whistleblowers by sally

‘The health secretary has vowed to end the use of non-disclosure agreements that prevent would-be NHS whistleblowers speaking out.’

Full Story

The Guardian, 22nd April 2019

Source: www.theguardian.com

Easter Break

Posted April 18th, 2019 in holidays, news by sally

There will be no posts over the Easter weekend (Friday 19th April – Monday 22nd April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 23rd April.

BAILII: Recent Decisions

Posted April 18th, 2019 in law reports by tracey

High Court (Administrative Court)

NN, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1003 (Admin) (17 April 2019)

Britwell Parish Council, R (on the application of) v Slough Borough Council [2019] EWHC 998 (Admin) (17 April 2019)

Vip Communications Ltd, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 994 (Admin) (17 April 2019)

We Love Hackney Ltd, R (On the Application Of) v London Borough of Hackney [2019] EWHC 1007 (Admin) (17 April 2019)

Lorrell v Solicitors Regulation Authority [2019] EWHC 981 (Admin) (16 April 2019)

High Court (Chancery Division)

Davey v Money & Anor [2019] EWHC 997 (Ch) (17 April 2019)

Green v Group Ltd & Ors [2019] EWHC 954 (Ch) (17 April 2019)

High Court (Family Division)

Vasilyeva v Shemyakin [2019] EWHC 932 (Fam) (16 April 2019)

High Court (Patents Court)

E Mishan & Sons, Inc (t/a Emson) v Hozelock Ltd & Ors [2019] EWHC 991 (Pat) (17 April 2019)

Napp Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd & Ors [2019] EWHC 1009 (Pat) (15 April 2019)

High Court (Queen’s Bench Division)

ZXC v Bloomberg LP [2019] EWHC 970 (QB) (17 April 2019)

EF v Darkwa & Anor [2019] EWHC 1005 (QB) (17 April 2019)

Ferri v Gill [2019] EWHC 952 (QB) (17 April 2019)

Rahman v Rahman [2019] EWHC 1011 (QB) (17 April 2019)

State Bank of India & Ors v Mallya & Ors [2019] EWHC 995 (QB) (17 April 2019)

Mohamed v London Borough of Barnet [2019] EWHC 1012 (QB) (17 April 2019)

Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 980 (QB) (16 April 2019)

Source: www.bailii.org