BAILII: Recent Decisions

Posted March 6th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

C Spencer Ltd v M W High Tech Projects UK Limited [2020] EWCA Civ 331 (06 March 2020)

Court of Appeal (Criminal Division)

Ngoie v R [2020] EWCA Crim 292 (05 March 2020)

High Court (Queen’s Bench Division)

Norfolk Homes Ltd v North Norfolk District Council & Anor (Rev 1) [2020] EWHC 504 (QB) (05 March 2020)

Source: www.bailii.org.uk

The role of judicial review applications in the CIL regime – Local Government Lawyer

Posted March 6th, 2020 in appeals, dispute resolution, judicial review, local government, news, planning by tracey

‘A recent decision of Mr Justice Swift in the Planning Court will have a significant impact on the manner in which a Community Infrastructure Levy (“CIL”) is challenged and the stance taken by authorities in rebutting such challenges, writes Christopher Cant.’

Full Story

Local Government Lawyer , 6th March 2020

Source: www.localgovernmentlawyer.co.uk

Two jailed for Grenfell Tower-related fraud – Metropolitan Police

Posted March 6th, 2020 in accidents, fire, fraud, housing, imprisonment, local government, news, sentencing by tracey

‘A couple who claimed to be living in the flat of a deceased Grenfell Tower resident at the time of the fire have been convicted of fraud.’

Full Story

Metropolitan Police, 5th March 2020

Source: www.cps.gov.uk

Yusuf Mohamed death: Pair sentenced for Shepherd’s Bush stabbing – BBC News

Posted March 6th, 2020 in homicide, imprisonment, murder, news, offensive weapons, sentencing by tracey

‘Two teenagers who “fist-bumped” each other after the apparently motiveless killing of a man have been sentenced.’

Full Story

BBC News, 5th March 2020

Source: www.bbc.co.uk

Nottinghamshire teacher banned after vagina comment – BBC News

‘A newly-qualified teacher who admitted making a “stupid comment” about a pupil’s vagina has been banned from the profession.’

Full Story

BBC News, 6th March 2020

Source: www.bbc.co.uk

Child slavery victims ‘falling through cracks’ as Home Office delays support promised four years ago – The Independent

‘The Home Office has been criticised for allowing thousands of child trafficking victims to “fall through the cracks” by failing to implement a policy designed to protect them for four years after it first pledged to do so.’

Full Story

The Independent, 5th March 2020

Source: www.independent.co.uk

Police to reform approach to search warrants following backlash to failed Operation Midland paedophile investigation – The Independent

‘Police are overhauling the way they handle search warrants following the botched Operation Midland investigation into what was wrongly thought to be a Westminster paedophile ring.’

Full Story

The Independent, 6th March 2020

Source: www.independent.co.uk

300 allegations of Tory Islamophobia sent to equality watchdog – The Guardian

‘A dossier of more than 300 allegations of Islamophobia in the Conservative party has been submitted to the Equalities and Human Rights Commission, increasing pressure on the watchdog to launch a formal investigation.’

Full Story

The Guardian, 5th March 2020

Source: www.theguardian.com

Serial rapist Joseph McCann could have been put back in prison weeks before rampage, report reveals – The Independent

Posted March 6th, 2020 in child abuse, news, parole, prisons, probation, rape, recidivists, sexual offences by tracey

‘A serial rapist who attacked a string of victims aged between 11 and 71 could have been jailed weeks before he started the rampage, a report has revealed.’

Full Story

The Independent, 5th March 2020

Source: www.independent.co.uk

UK freed 42 terrorists in year before law to detain extremists for longer – The Guardian

Posted March 6th, 2020 in news, parole, prisons, probation, proscribed organisations, statistics, terrorism by tracey

‘More than 40 convicted terrorists were released from prison in the year before emergency legislation was introduced to keep jailed extremists locked up for longer, figures reveal, while the number of far-right detainees has surged.’

Full Story

The Guardian, 5th March 2020

Source: www.theguardian.com

Calls for Sheikh Mohammed to face justice over family abduction – BBC News

Posted March 6th, 2020 in children, families, forced marriages, international law, kidnapping, news by tracey

‘Ministers, police and prosecutors are under pressure to bring the ruler of Dubai to justice after a UK judge ruled that he orchestrated the abduction of two of daughters – one from the streets of Cambridge.’

Full Story

BBC News, 5th March 2020

Source: www.theguardian.com

Disclosure can apply to subsidiaries under pilot, says court – OUT-LAW.com

Posted March 5th, 2020 in disclosure, news, pilot schemes, subsidiary companies by tracey

‘Disclosure of documents held by a subsidiary company of a party to litigation may be ordered in certain circumstances under the terms of the pilot disclosure scheme currently running in the Business and Property Courts (BPC) of England and Wales, a judge has ruled.’

Full Story

OUT-LAW.com, 5th March 2020

Source: www.pinsentmasons.com

Yuanda v Multiplex – “ascertaining” damages pre-adjudication under ABI bond – Practical Law Construction Blog

Posted March 5th, 2020 in construction industry, contracts, damages, guarantees, news by tracey

‘The TCC has just handed down judgment in Yuanda (UK) Company Ltd v Multiplex Construction Europe Ltd and another, which will be of interest to the construction industry as it deals with how ABI-type performance bonds operate.’

Full Story

Practical Law Construction Blog, 4th March 2020

Source: constructionblog.practicallaw.com

Doctor/patient confidentiality in genetic disease case – UK Human Rights Blog

Posted March 5th, 2020 in confidentiality, doctors, duty of care, hospitals, news, notification, third parties by tracey

‘ABC v St George’s Healthcare Trust and others [2020] EWHC 455 (QB). The High Court has ruled that the health authorities owed a duty of care to the daughter of their patient who suffered from the hereditary neurodegenerative order Huntington’s Chorea, to inform her about his condition. But in the circumstances, Yip J concluded that the duty was not breached and that causation had not been established.’

Full Story

UK Human Rights Blog, 29th February 2020

Source: ukhumanrightsblog.com

Forced Marriage Protection Orders – the approach to take – UK Police Law Blog

Posted March 5th, 2020 in family courts, forced marriages, human rights, jurisdiction, news, passports by tracey

‘Applications for forced marriage protection orders (“FMPO”s) made pursuant to s.63A of the Family Law Act 1996 are on the rise: in 2018, the government’s Forced Marriage Unit provided advice or support in 1,764 possible forced marriage cases; a significant increase from the following 1200-1400 cases in 2017. Also in 2018, Family Court statistics indicate that 322 applications were made and 324 orders granted. Despite applications being made by police, who must seek leave to make such an application under s.63C(3) of the Family Law Act 1996, and local authorities, the legislation itself does not provide clear guidance as to how the court should deal with such applications. The President of the Family Division, Sir Andrew McFarlane, has now done so in Re K (Forced Marriage: Passport Order) [2020] EWCA Civ 190.’

Full Story

UK Police Law Blog, 5th March 2020

Source: ukpolicelawblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 5th, 2020 in legislation by tracey

The Employment Allowance (Excluded Persons) Regulations 2020

The Magistrates’ Courts (Knife Crime Prevention Orders) Rules 2020

The Value Added Tax (Finance) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 5th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Kenyon v The Secretary of State for Housing Communities & Local Government [2020] EWCA Civ 302 (05 March 2020)

Network Rail Infrastructure Ltd v Achilles Information Ltd [2020] EWCA Civ 323 (05 March 2020)

Endurance Corporate Capital Ltd v Sartex Quilts & Textiles Ltd [2020] EWCA Civ 308 (05 March 2020)

Source: www.bailii.org

Law firm “under no duty” to disclose counsel’s advice to funder – Litigation Futures

Posted March 5th, 2020 in champerty, contracts, disclosure, law firms, legal representation, news by tracey

‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’

Full Story

Litigation Futures, 5th March 2020

Source: www.litigationfutures.com

Landmark Immigration Bill to end free movement introduced to Parliament – Home Office

Posted March 5th, 2020 in bills, freedom of movement, immigration, press releases by tracey

‘The bill will end free movement and give the government full control of UK borders for the first time in four decades.’

Full press release

Home Office, 5th March 2020

Source: www.gov.uk/home-office

Court of Appeal clarifies the law on marriage formalities (Akhter v Khan) – Family Law

Posted March 5th, 2020 in divorce, financial provision, Islam, marriage, news by tracey

‘Family analysis: Siddique Patel, solicitor at Shoosmiths, discusses the decision of the Court of Appeal overturning that of Williams J when he ruled that an Islamic Nikah ceremony could be classed as a void marriage giving rise to financial remedies.’

Full Story

Family Law, 5th March 2020

Source: www.familylaw.co.uk