BAILII: Recent Decisions

Posted July 31st, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Okedina v Chikale [2019] EWCA Civ 1393 (31 July 2019)

Fshc Group Holdings Ltd v Glas Trust Corporation Ltd [2019] EWCA Civ 1361 (31 July 2019)

Hameed v The Secretary of State for the Home Department [2019] EWCA Civ 1324 (31 July 2019)

Anderson & Ors v Sense Network Ltd [2019] EWCA Civ 1395 (31 July 2019)

Tinkler v Revenue & Customs [2019] EWCA Civ 1392 (31 July 2019)

M (Children) [2019] EWCA Civ 1364 (31 July 2019)

Stobart Group Ltd & Anor v Stobart & Anor [2019] EWCA Civ 1376 (31 July 2019)

Cowan v Foreman & Ors [2019] EWCA Civ 1336 (30 July 2019)

Fulford Parish Council, R (On the Application Of) v City of York Council [2019] EWCA Civ 1359 (30 July 2019)

MS (A child) v The Secretary of State for the Home Department [2019] EWCA Civ 1340 (30 July 2019)

The Secretary of State for the Home Department v BK (Afghanistan) [2019] EWCA Civ 1358 (30 July 2019)

P (A Child) [2019] EWCA Civ 1346 (30 July 2019)

A v Cardiff City Council & Ors [2019] EWCA Civ 1360 (30 July 2019)

Hallett v Derby Hospitals NHS Foundation Trust [2019] EWCA Civ 1394 (30 July 2019)

High Court (Administrative Court)

Henriques v Judicial Authority of Portugal [2019] EWHC 1998 (Admin) (30 July 2019)

Meadowsv Examining Court, Malaga, Spain [2019] EWHC 2084 (Admin) (30 July 2019)

Zorzi v Attorney General Appeal Court of Paris (France) [2019] EWHC 2062 (Admin) (29 July 2019)

Shropshire And Wrekin Fire Authority & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWHC 1967 (Admin) (29 July 2019)

High Court (Chancery Division)

Franked Investment Income Group, Non-Test Claimants In the Litigation v Inland Revenue & Anor [2019] EWHC 2014 (Ch) (31 July 2019)

Syncreon Group BV, Re [2019] EWHC 2068 (Ch) (31 July 2019)

Dumville & Anor v Rich [2019] EWHC 2086 (Ch) (30 July 2019)

Realm Therapeutics Plc, Re Companies Act 2006 [2019] EWHC 2080 (Ch) (29 July 2019)

High Court (Commercial Court)

Ventra Investments Ltd v Bank Of Scotland Plc [2019] EWHC 2058 (Comm) (30 July 2019)

High Court (Queen’s Bench Division)

Wright v Ver [2019] EWHC 2094 (QB) (31 July 2019)

High Court (Technology and Construction Court)

Hochtief (UK) Construction Ltd & Anor v Atkins Ltd [2019] EWHC 2109 (TCC) (31 July 2019)

Source: www.bailii.org

To late to waive – Nearly Legal

Posted July 31st, 2019 in landlord & tenant, news, repossession, time limits by sally

‘Where a tenant has succeeded to a secure tenancy on the death of the former tenant, and the landlord seeks possession on the basis that the property is under occupied, there are time limits on when and how this can be done. This was the Court of Appeal judgment on an appeal from an appeal to a circuit judge of a first instance possession order. At issue was the effect of an application to dispense with the requirement for a notice seeking possession (via s.83(1)(b) Housing Act 1985) on the statutory time limits.’

Full Story

Nearly Legal, 29th July 2019

Source: nearlylegal.co.uk

Man jailed for 50 minutes in ‘shortest ever prison sentence’ – The Independent

‘A man has been given what is believed to be Britain’s shortest jail sentence of just 50 minutes.’

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The Independent, 31st July 2019

Source: www.independent.co.uk

Forthcoming JCPC challenge to same-sex marriage prohibition in Bermuda – Law & Religion UK

‘Does a law prohibiting same-sex marriage violate the right to manifest one’s religion or belief? This novel argument will soon be tested in the Judicial Committee of the Privy Council (JCPC), where the Government of Bermuda will be appealing against successive decisions by the island’s first instance and appellate courts to strike down legislation which prohibited same-sex marriage.’

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Law & Religion UK, 30th July 2019

Source: www.lawandreligionuk.com

Robert Thomas and Joe Tomlinson: How Immigration Judicial Review Works – UK Constitutional Law Association

Posted July 31st, 2019 in human rights, immigration, judicial review, news, reports by sally

‘Two years ago on this blog, we drew attention to the immigration judicial review system—by far the most active area of judicial review litigation and the vast majority of all judicial reviews in England and Wales. In that post, we identified why there was a pressing need for further empirical exploration of the topic: not only was there a lack of understanding of litigation patterns but, on the basis of the evidence available, it seemed there was an issue of whether disputes were being channelled appropriately to judicial review (Paul Daly’s reflections on this post are available here). Since then, we have set about trying to build the evidence base that we argued was necessary to advance understanding. We collected data on the types of immigration judicial review claims and the views and experiences of people involved in the system. Our approach to the research was to collect both quantitative and qualitative data. We then combined the data gathered through these methods to inform our analysis. Our data included case-file analysis of Upper Tribunal judicial review cases and interviews with judges, representatives, users of the system, and others. We also undertook observations. Our full findings are set out in a detailed report, which we are publishing today. In this post, we provide a summary of our key conclusions.’

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UK Constitutional Law Association, 1st July 2019

Source: ukconstitutionallaw.org

SRA considers ditching skills testing from first part of SQE – Legal Futures

‘The Solicitors Regulation Authority (SRA) is considering whether to abandon the skills element of the first stage of the Solicitors Qualifying Exam (SQE), meaning it would consist entirely of multiple-choice questions.’

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Legal Futures, 31st July 2019

Source: www.legalfutures.co.uk

Cambridge sexual misconduct rule change branded ‘unlawful’ – The Guardian

Posted July 31st, 2019 in complaints, news, rape, sexual offences, universities by sally

‘Lawyers and women’s groups have condemned a decision by Cambridge University to not investigate some students’ complaints of sexual misconduct, including rape, warning it was potentially unlawful.’

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The Guardian, 31st July 2019

Source: www.theguardian.com

Ladbrokes Coral fined after customer lost £98,000 – BBC News

Posted July 31st, 2019 in consumer protection, fines, gambling, money laundering, news by sally

‘The owner of Ladbrokes Coral has been fined £5.9m for not protecting vulnerable customers and for failings in its anti-money laundering measures.’

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BBC News, 31st July 2019

Source: www.bbc.co.uk

Only 3% of rape claims in London result in convictions, study says – The Guardian

Posted July 31st, 2019 in London, news, police, privacy, prosecutions, rape, statistics, telecommunications, victims by sally

‘Only 3% of rape allegations in London result in convictions, a study has found, prompting the capital’s victims’ commissioner to call for an end to the “excessive intrusion into personal data” demanded when a person makes an allegation.’

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The Guardian, 31st July 2019

Source: www.theguardian.com

Ministers urged to review lifelong anonymity order for teenage terrorist who plotted to behead his teachers – Daily Telegraph

Posted July 30th, 2019 in anonymity, Islam, news, police, school children, terrorism, young offenders by sally

‘A teenager has become the first terrorist to be granted anonymity for life, in a move deemed necessary to prevent him from becoming a poster boy for Isil.’

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Daily Telegraph, 29th July 2019

Source: www.telegraph.co.uk

Havant teacher who had sex with four pupils jailed – BBC News

‘A teacher who had sex with four of his pupils, including one who became pregnant, has been jailed for 12 years.’

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BBC News, 29th July 2019

Source: www.bbc.co.uk

CQC places two Priory Group hospitals in special measures – The Guardian

Posted July 30th, 2019 in hospitals, mental health, news, quality assurance, standards by sally

Two hospitals run by the Priory Group have been placed in special measures in a fresh controversy over state-funded private contractors’ treatment of people with mental illness or learning disabilities.

Full Story

The Guardian, 30th July 2019

Source: www.theguardian.com

Supreme Court backs public access to court documents – Litigation Futures

‘Non-parties to litigation should generally have access to all written submissions and documents which have been placed before the court and referred to during the hearing, the Supreme Court has ruled.’

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Litigation Futures, 29th July 2019

Source: www.litigationfutures.com

Unregulated firms employing solicitors “must be clear with clients” – Legal Futures

‘The Solicitors Regulation Authority (SRA) has spelled out the importance of unregulated firms that employ solicitors under its new rules ensuring that clients understand the limitations of the arrangement.’

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Legal Futures, 30th July 2019

Source: www.legalfutures.co.uk

Green light for civil standard of proof at SDT – Legal Futures

‘The Legal Services Board (LSB) has approved the change in the standard of proof used by the Solicitors Disciplinary Tribunal (SDT) to the civil standard.’

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Legal Futures, 29th July 2019

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted July 30th, 2019 in law reports by tracey

Supreme Court

Cape Intermediate Holdings Ltd v Dring (Asbestos Victims Support Groups Forum UK) [2019] UKSC 38 (29 July 2019)

Akcil & Ors v Koza Ltd & Anor [2019] UKSC 40 (29 July 2019)

Revenue and Customs v Frank A Smart & Son Ltd (Scotland) [2019] UKSC 39 (29 July 2019)

Court of Appeal (Civil Division)

Seabrook Warehousing Ltd, R (On the Application Of) v Revenue And Customs [2019] EWCA Civ 1357 (29 July 2019)

Secretary of State for the Home Department v MS (Somalia) [2019] EWCA Civ 1345 (29 July 2019)

Forward v Aldwyck Housing Group Ltd [2019] EWCA Civ 1334 (29 July 2019)

High Court (Administrative Court)

HS, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 2070 (Admin) (29 July 2019)

National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor [2019] EWHC 2057 (Admin) (29 July 2019)

High Court (Chancery Division)

Martin v MclAren Construction Ltd [2019] EWHC 2059 (Ch) (29 July 2019)

High Court (Commercial Court)

PJSC National Bank Trust & Anor v Mints & Ors [2019] EWHC 2061 (Comm) (29 July 2019)

High Court (Queen’s Bench Division)

Dial Partners LLP & Anor v Eastern Airways International Ltd & Ors [2019] EWHC 2060 (QB) (29 July 2019)

RXG v Ministry of Justice & Ors [2019] EWHC 2026 (QB) (29 July 2019)

Source: www.bailii.org

Are there principles that trump democracy? The Reith Lectures, 2019: Lord Sumption’s Lecture and Responses – UK Human Rights Blog

Posted July 30th, 2019 in constitutional law, human rights, judges, news, rule of law by sally

‘Are there principles that trump democracy? This was one of a number of profound philosophical and legal questions addressed by former UK Supreme Court Justice Jonathan Sumption in his recent and controversial Reith Lectures, which addressed subjects such an law’s expanding empire, the challenges posed by human rights, and the advantage of an unwritten constitution.’

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UK Human Rights Blog, 29th July 2019

Source: ukhumanrightsblog.com

Liberty loses high court challenge to snooper’s charter – The Guardian

‘The human rights group Liberty has lost its latest high court challenge against the government’s mass surveillance powers.’

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The Guardian, 29th July 2019

Source: www.theguardian.com

MPs call for QOCS to cover discrimination cases – Litigation Futures

Posted July 30th, 2019 in costs, damages, enforcement, equality, news, select committees by sally

‘Qualified one-way costs shifting (QOCS) should be extended to cover discrimination cases in the county court, MPs on the House of Commons women and equalities committee have recommended.’

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Litigation Futures, 30th July 2019

Source: www.litigationfutures.com

High Court rejects libel claim over email sent by in-house lawyer – Legal Futures

Posted July 30th, 2019 in defamation, electronic mail, fraud, hospitals, human rights, news, privacy, solicitors by sally

‘The High Court has rejected a libel claim by a woman who an in-house lawyer suggested in an email had potentially acted fraudulently.’

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Legal Futures, 30th July 2019

Source: www.legalfutures.co.uk