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