Month: October 2019

BAILII: Recent Decisions

Posted October 16th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2019] EWCA Civ 1708 (15 October 2019)

High Court (Administrative Court)

Khan & Anor, Re Criminal Justice Act 1988 [2019] EWHC 2683 (Admin) (15 October 2019)

High Court (Chancery Division)

Paralel Routs Ltd v Fedotov [2019] EWHC 2656 (Ch) (15 October 2019)

High Court (Commercial Court)

Super Max Offshore Holdings & Anor v Malhotra [2019] EWHC 2711 (Comm) (15 October 2019)

High Court (Queen’s Bench Division)

Binding v Patterson [2019] EWHC 2665 (QB) (15 October 2019)B

Bell v Bedford Hospital NHS Trust (Rev 1) [2019] EWHC 2704 (QB) (14 October 2019)

Source: www.bailii.org

UK vulnerable to malicious meddling in election, warns study – The Guardian

Posted October 16th, 2019 in elections, fraud, internet, news, political parties, referendums by sally

‘Britain needs to take concerted action to reduce the risk of malicious actors in the UK and abroad from contaminating the results of a looming general election, according to a new study that warns of the risks of public “abuse and deception”.’

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The Guardian, 16th October 2019

Source: www.theguardian.com

The connection between online hate speech and real-world hate crime – OUP Blog

Posted October 16th, 2019 in hate crime, internet, Islam, news, racism, religiously aggravated offences, statistics, terrorism by sally

‘Online hate speech is on the rise. All available academic and government sources indicate a year on year increase in the number of people being exposed to hateful content on social media, online news item comments, and websites. Over half (53%) of UK adult Internet users reported seeing hateful content online in 2018, an increase from 47% in 2017. In 2016, 34% of 12-15-year olds recalled seeing hateful content online. This figure increased to 45% in 2018. Of those who witnessed online hate, less than half took action in relation to the most recent incident.’

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OUP Blog, 12th October 2019

Source: blog.oup.com

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

Posted October 16th, 2019 in admissibility, data protection, evidence, expert witnesses, insurance, news, personal injuries by sally

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

Ann Marie Pomphret stables murder: Husband jailed for life – BBC News

Posted October 16th, 2019 in domestic violence, murder, news, sentencing by sally

‘A man who battered his wife to death with a crowbar during a row has been jailed for a minimum of 20 years.’

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BBC News, 15th October 2019

Source: www.bbc.co.uk

#MeToo and the justice system: complaints up, but convictions down – The Guardian

Posted October 16th, 2019 in defamation, disclosure, harassment, legal profession, news, police, prosecutions, rape, sexual offences by sally

‘The clearest impact of the #MeToo movement on the British justice system has been a sharp rise in the number of complaints made to police of rape and sexual assault over the past two years.’

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The Guardian, 15th October 2019

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 15th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Somerset Constabulary v Gray [2019] EWCA Civ 1675 (11 October 2019)

Court of Appeal (Criminal Division)

Bupa Care Homes (BNH) Ltd, R v [2019] EWCA Crim 1691 (11 October 2019)

Yuel (aka Berhe), R v [2019] EWCA Crim 1693 (04 October 2019)

High Court (Administrative Court)

Canning v Criminal Cases Review Commission [2019] EWHC 2693 (Admin) (14 October 2019)

Barking & Dagenham College, R (on the application of) v The Office for Students [2019] EWHC 2667 (Admin) (11 October 2019)

SH, R (on the application of) v The London Borough of Waltham Forest [2019] EWHC 2618 (Admin) (11 October 2019)

High Court (Commercial Court)

Clearlake Shipping Pte Ltd & Anor v Xiang Da Marine Pte Ltd [2019] EWHC 2658 (Comm) (10 October 2019)

High Court (Queen’s Bench Division)

Mustard v Flower & Ors [2019] EWHC 2623 (QB) (11 October 2019)

High Court (Technology and Construction Court)

Meadowside Building Developments Ltd v 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC) (10 October 2019)

LJH Paving Ltd v Meeres Civil Engineering Ltd [2019] EWHC 2601 (TCC) (10 October 2019)

Source: www.bailii.org

Dishonourable discharge – Nearly Legal

Posted October 15th, 2019 in asylum, homelessness, housing, immigration, judicial review, landlord & tenant, local government, news, refugees, repossession, statutory duty, trafficking in human beings by tracey

‘SH, R (on the application of) v The London Borough of Waltham Forest (2019) EWHC 2618 (Admin). This was a judicial review of Waltham Forest’s decision that it had discharged its s.193 Housing Act 1996 duty (the full homeless duty) to Ms SH by an offer of private sector accommodation under s.193(7AA). In fact, WF maintained it had done so twice, and both purported discharges were challenged, by way of WF’s decision that Ms SH had made a fresh application, rather than it having a continuing duty. There is also a brief excursus into the relation of s.193 and s.189B duties.’

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Nearly Legal, 13th October 2019

Source: nearlylegal.co.uk

Howard League for Penal Reform: Parmoor Lecture – Crown Prosecution Service

Posted October 15th, 2019 in codes of practice, consultations, criminal justice, Crown Prosecution Service, fitness to plead, mental health, prosecutions, speeches, statistics by tracey

‘I aim to be clear this evening about my role as the nation’s chief prosecutor, on behalf of the CPS which I lead. At a time of national upheaval and some political uncertainty, the role of a properly-funded and fully independent prosecution authority is absolutely pivotal.’

Full speech

Crown Prosecution Service 14th October 2019

Source: www.cps.gov.ukwww.cps.gov.ukwww.cps.gov.uk

Gang member jailed for 15 years for ‘ride-out’ and running drugs line from prison – Crown Prosecution Service

Posted October 15th, 2019 in aggravated vehicle taking, conspiracy, drug offences, drug trafficking, firearms, gangs, grievous bodily harm, news, prisons, sentencing by tracey

‘A member of one of Waltham Forest’s organised crime groups who took part in ‘ride-out’ against a rival gang before going on to run a drugs line from inside prison, has been jailed for 15 years.’

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Crown Prosecution Service, 11th October 2019

Source: www.cps.gov.uk

News ‘Perverse’ MoD legal reforms will harm troops’ rights, warn lawyers – Law Society’s Gazette

Posted October 15th, 2019 in armed forces, civil justice, compensation, consultations, human rights, limitations, murder, news, personal injuries, time limits by tracey

‘Legal experts have warned that the government’s plans to restrict claims against the Ministry of Defence are also framed to stop service personnel seeking justice for mistreatment.’

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Law Society's Gazette, 14th October 2019

Source: www.lawgazette.co.uk

Release under investigation gives criminals ‘carte blanche’, says CBA – Law Society’s Gazette

Posted October 15th, 2019 in criminal justice, news, recidivists, statistics by tracey

‘Too many suspects are being released under investigation, giving violent offenders ‘carte blanche to reoffend’, the Criminal Bar Association has warned.’

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Law Society's Gazette, 15th October 2019

Source: www.lawgazette.co.uk

Emma De Souza: Home Office appeal of case is upheld – BBC News

Posted October 15th, 2019 in appeals, citizenship, government departments, immigration, married persons, news, Northern Ireland by tracey

‘People born in Northern Ireland remain British citizens according to the law, even if they identify as Irish, tribunal judges have determined.’

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BBC News, 14th October 2019

Source: www.bbc.co.uk

UK to deport academic to Democratic Republic of Congo – which she has never visited – The Guardian

Posted October 15th, 2019 in children, deportation, families, government departments, immigration, news, universities, visas by tracey

‘Furaha Asani, a young academic at Leicester University, was shocked when her visa application was rejected in August. But real fear set in when she realised Britain plans to deport her in three weeks’ time to the Democratic Republic of Congo – a war-torn country she has never visited and where the Home Office agrees sexual violence is pervasive.’

Full Story

The Guardian, 15th October 2019

Source: www.theguardian.com

BRIT Award winner Finley Quaye sentenced over drunken assault on bar manager – The Independent

Posted October 15th, 2019 in alcohol abuse, assault, news, sentencing by tracey

‘A BRIT Award winner who punched a bar manager and threatened to stab him during a drunken assault, has been ordered to carry out 200 hours of unpaid work.’

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The Independent, 14th October 2019

Source: www.independent.co.uk

New Ferry explosion: Furniture shop owner guilty of causing blast – BBC News

Posted October 15th, 2019 in explosives, fraud, insurance, news, personal injuries by tracey

‘A furniture shop owner has been found guilty of deliberately causing an explosion that injured 81 people, in what was an “insurance job gone wrong”.’

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BBC News, 14th October 2019

Source: www.bbc.co.uk

One in four young women scared they will be sacked if they report sexual harassment, study finds – The Independent

Posted October 15th, 2019 in bullying, employment, equality, harassment, news, professional conduct, sexual offences, statistics, women by tracey

‘One in four young women are scared they will be sacked if they report sexual harassment at work, a study has found. Carried out by the Young Women’s Trust and released on the second anniversary of the #metoo movement, the research found that just 6 per cent of young women who had been sexually harassed at work reported the misconduct.’

Full Story

The Independent, 15th October 2019

Source: www.independent.co.uk

Court bid to stop LGBT lesson protests at Birmingham school starts – The Guardian

Posted October 15th, 2019 in children, demonstrations, education, equality, homosexuality, injunctions, Islam, news, school children, transgender persons by tracey

‘City council asks high court for permanent exclusion zone around Anderton Park primary.’

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The Guardian, 14th October 2019

Source: www.theguardian.com

Westminster car crash driver Salih Khater jailed for life – BBC News

Posted October 15th, 2019 in attempted murder, dangerous driving, news, sentencing, terrorism by tracey

‘A man who drove at cyclists and police officers outside Parliament has been jailed for life for attempted murder.’

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BBC News, 14th October 2019

Source: www.bbc.co.uk

Disqualifying a church pastor from charity trusteeship: Phelps – Law & Religion UK

Posted October 14th, 2019 in appeals, charities, disqualification, news, trusts by tracey

‘The First-tier Tribunal (Charity) has dismissed the disqualification appeal from a former church pastor who was banned from being a charity trustee for ten years after the Charity Commission concluded, inter alia, that he had used charitable funds for foreign trips that did not appear to be for charitable purposes.’

Full Story

Law & Religion UK, 14th October 2019

Source: www.lawandreligionuk.com