BAILII: Recent Decisions
High Court (Family Division)
MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) (22 January 2020)
Source: www.bailii.org
Month: January 2020
Court fee can be claimed from defendants despite exemption – Litigation Futures
‘There are “strong public policy grounds” for allowing fee-exempt claimants to claim their court fees from defendants rather than the taxpayer, a judge has ruled.’
Litigation Futures, 28th January 2020
Source: www.litigationfutures.com
Conveyancing revolution to hit over next decade – Legal Futures
‘The role of the conveyancer is undoubtedly going to change as much of the administrative side of the role becomes automated over the coming years, a new report from the Council for Licensed Conveyancers (CLC) has predicted.’
Legal Futures, 28th January 2020
Source: www.legalfutures.co.uk
‘Shell-shocked’ bookmakers face big fines for underage betting at Royal Ascot – The Guardian
‘Racecourse bookmakers say they are “shell-shocked” at a decision by the Gambling Commission to ramp up punishments meted out for failing to prevent underage betting. Seven bookmakers have been told they must pay what amounts to 2.5% of their gross profit for an entire year after being caught by enforcement action at Royal Ascot last summer, when each of them allowed a 16-year-old – the permitted age is 18 – to place a £5 bet.’
The Guardian, 27th January 2020
Source: www.theguardian.com
Elderly abuse suspect could be allowed to starve himself to death, judge says – The Guardian
‘An elderly man who stopped eating after being accused of historical child sexual abuse could be allowed to starve himself to death, a judge has said.’
The Guardian, 27th Janaury 2020
Source: www.theguardian.com
Kamali Gabbidon-Lynck: Fight breaks out in court as killers jailed – BBC News
‘Violence broke out at the Old Bailey as five gang members were jailed for murdering a man in a knife attack.’
BBC News, 27th January 2020
Source: www.bbc.co.uk
Meadowhall facial recognition scheme troubles watchdog – BBC News
‘Police involvement in a private landlord’s facial recognition trial has led a regulator to call for government intervention.’
BBC News, 28th January 2020
Source: www.bbc.co.uk
Abuse victims to be given second phones to boost conviction rates – Daily Telegraph
‘Victims of domestic abuse and stalking are to be given second phones after they hand theirs over for evidence as part of an initiative intended to improve conviction rates.’
Daily Telegraph, 27th January 2020
Source: www.telegraph.co.uk
Facial recognition could be ‘spectacular own goal’, police warned amid accuracy concerns – The Independent
‘Facial recognition could be a “spectacular own goal” for police if it fails to be inaccurate and effective, the government has been warned. MPs raised concerns about the technology after the Metropolitan Police announced the start of live deployments in London.’
The Independent, 28th January 2020
Source: www.independent.co.uk
Public footpath rerouted after two year legal battle because ramblers kept walking through nudist campsite – Daily Telegraph
‘A public footpath is to be rerouted following a two-year battle by a nudist campsite to stop ramblers wandering through the grounds.’
Daily Telegraph, 26th January 2020
Source: www.telegraph.co.uk
Government to set up new regulator for oversight of high-risk buildings – Local Government Lawyer
‘The Government has unveiled plans for a new regulator to oversee the design, construction and occupation of high-risk buildings.’
Local Government Lawyer, January 2020
Source: www.localgovernmentlawyer.co.uk
The case for judicial early neutral evaluation – Law Society’s Gazette
‘Perhaps an overlooked provision of the CPR is rule 3.1(2)(m) which provides that the court may ‘take any other step or make any other order for the purpose of managing the case and furthering the overriding objective, including hearing an early neutral evaluation with the aim of helping the parties settle the case’.’
Law Society's Gazette, 27th January 2020
Source: www.lawgazette.co.uk
Cocaine seizure: Men jailed after 750kg haul found on boat – BBC News
‘Two men have been jailed for conspiracy to import cocaine after one of the largest hauls of the drug in UK history was found on board a boat.’
BBC News, 27th January 2020
Source: www.bbc.co.uk
Be Careful What You Tweet For (part 2) – UK Human Rights Blog
‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’
UK Human Rights Blog, 24th January 2020
Source: ukhumanrightsblog.com
Call for new law to protect victims in the justice system – The Guardian
‘Ministers have been urged to introduce a “victims’ law” to stop people losing faith in the criminal justice system. The move comes after new data revealed that the number of crime victims who decline to press charges has more than doubled in five years.’
The Guardian, 25th January 2020
Source: www.theguardian.com
Abbreviated age assessment of Afghan national carried out by council was unlawful, High Court rules – Local Government Lawyer
‘A council’s assessment of an Afghan national’s age, based on his physical appearance and demeanour, was unlawful because the abbreviated assessment undertaken failed to adequately acknowledge the potential margin for error and give him the corresponding benefit of the doubt, a High Court judge has found.’
Local Government Lawyer, 24th January 2020
Source: www.localgovernmentlawyer.co.uk
Fraud victims ‘failed’ as criminals ‘operate with impunity’ – report – BBC News
‘Fraudsters “operate with impunity” as a surge in cases has left police struggling to cope, a report has found.’
BBC News, 25th January 2020
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Alibrahim v Asturion Fondation [2020] EWCA Civ 32 (24 January 2020)
AIG Financial Products Corp & Ors v Gruber & Ors [2020] EWCA Civ 31 (24 January 2020)
High Court (Administrative Court)
Chawla v The Government of India [2020] EWHC 102 (Admin) (23 January 2020)
High Court (Chancery Division)
Morley v The Royal Bank of Scotland PLC [2020] EWHC 88 (Ch) (27 January 2020)
Elston v King & Anor [2020] EWHC 55 (Ch) (24 January 2020)
High Court (Patents Court)
Lufthansa Technik AG [2020] EWHC 83 (Pat) (14 January 2020)
High Court (Queen’s Bench Division)
Morrison v Liverpool Women’s NHS Foundation Trust [2020] EWHC 91 (QB) (27 January 2020)
Eurasia Sports Ltd v Tsai & Ors [2020] EWHC 81 (QB) (24 January 2020)
Fine Lady Bakeries Ltd v EDF Energy Customers Ltd & Anor [2020] EWHC 87 (QB) (24 January 2020)
High Court (Technology and Construction Court)
MPB v LGK [2020] EWHC 90 (TCC) (23 January 2020)
Source: www.bailii.org
Gypsies and Travellers – time for a rethink – Nearly Legal
‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’
Nearly Legal, 26th January 2020
Source: nearlylegal.co.uk
