BAILII: Recent Decisions
Court of Appeal (Civil Division)
Aldred v Cham [2019] EWCA Civ 1780 (25 October 2019)
BF (Albania) v The Secretary of State for the Home Department [2019] EWCA Civ 1781 (25 October 2019)
(Algeria) v The Secretary of State for the Home Department [2019] EWCA Civ 1763 (24 October 2019)
Court of Appeal (Criminal Division)
Pringle v R. [2019] EWCA Crim 1722 (17 October 2019)
High Court (Administrative Court)
)Solicitors Regulation Authority v Dar [2019] EWHC 2831 (Admin) (25 October 2019)
Jones v Crown Prosecution Service & Anor [2019] EWHC 2826 (Admin) (24 October 2019)
High Court (Chancery Division)
Blatchford Ltd v Blatchford & Ors [2019] EWHC 2743 (Ch) (24 October 2019)
Affinity Workforce Solutions Ltd v McCann & Ors [2019] EWHC 2829 (Ch) (24 October 2019)
High Court (Commercial Court)
Munich RE Capital Ltd v Ascot Corporate Name Ltd [2019] EWHC 2768 (Comm) (25 October 2019)
High Court (Queen’s Bench Division)
BCG Brokers LP & Ors v Tradition (UK) Ltd & Ors [2019] EWHC 2845 (QB) (25 October 2019)
Ager v Career Development Finance Ltd & Ors [2019] EWHC 2830 (QB) (25 October 2019)
Emambee v London Borough of Islington [2019] EWHC 2835 (QB) (25 October 2019)
Higgins & Co Lawyers Ltd v Evans [2019] EWHC 2809 (QB) (24 October 2019)
Source: www.bailii.org
Separated migrant children given better access to legal aid – Ministry of Justice
‘Vulnerable migrant children who have been separated from their parents will get quicker and simpler access to legal aid, after new government legislation came into force today (25 October 2019). The Legal Aid for Separated Children Order 2019 will bring non-asylum immigration and citizenship matters into the scope of legal aid for under 18s who are not in the care of a parent, guardian or legal authority.’
Ministry of Justice, 25th October 2019
Source: www.gov.www.gov.uk/government/organisations/ministry-of-justice
Claimant faces £400,000 credit hire bill in “extreme” case – Litigation Futures
‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’
Litigation Futures, 25th October 2019
Source: www.litigationfutures.com
Serious misconduct “does not mean automatic strike-off” – Legal Futures
‘A finding of serious misconduct against a solicitor does not require striking off or an immediate suspension from practice, the High Court has ruled.’
Legal Futures, 28th October 2019
Source: www.legalfutures.co.uk
Wife fails to overturn financial award made in arbitration – Family Law
‘A recent decision in the High Court upholding a financial award made in arbitration confirms the courts’ support for arbitration in financial proceedings. It also acts as a warning to anyone seeking to appeal a family arbitral award. Tim Carpenter and Lydia Fowler review the decision.’
Family Law, 23rd October 2019
Source: www.familylaw.co.uk
Family of teenager who died from lethal ecstasy dose support drug legalisation – The Guardian
‘A mother in Devon who prevented two young dealers that had sold her son lethal ecstasy tablets from going to jail has warned that home secretary Priti Patel’s vow to renew the “war on drugs” is doomed to fail.’
The Guardian, 27th October 2019
Source: www.theguardian.com
NHS chiefs attempt to blacklist homeopathy amid anti-vax fears – Daily Telegraph
‘NHS leaders have gone to war on homeopathy by attempting to have the practice blacklisted amid fears it is fuelling anti-vax propaganda. The chief executive and medical director of NHS England have written to the Professional Standards Authority (PSA), the statutory body that oversees healthcare regulation, urging it to strip accreditation from the Society of Homeopaths (SoH).’
Daily Telegraph, 28th October 2019
Source: www.telegraph.co.uk
Frozen eggs storage 10-year limit ‘should be changed’ – BBC News
‘There is no scientific reason for the 10-year limit on storage of frozen eggs, which is forcing some women to destroy them before they are ready to become parents, say fertility experts. Under UK law, only eggs stored for medical reasons and premature infertility can be kept for longer. The regulator says any change would be a matter for parliament.’
BBC News, 28th October 2019
Source: www.bbc.co.uk
Army’s ‘failure to learn’ from training heat deaths of ‘grave concern’, coroner rules – The Independent
‘A coroner has pledged to write to the defence secretary after an inquest into the death of a soldier on a training exercise raised “grave concerns” over the army’s “ability to learn from previous mistakes”.’
The Independent, 26th October 2019
Source: www.independent.co.uk
Grenfell families must sign gagging orders to view report – Daily Telegraph
‘Grenfell families are to be required to sign non disclosure agreements before viewing a long-awaited report in to the fire which killed 72 people, The Daily Telegraph can disclose. The bereaved and survivors of the tragedy will tomorrow meet Sir Martin Moore-Bick, chairman of the Grenfell Tower Inquiry, for a private briefing where they will receive an embargoed copy of the report covering the probe’s first phase, ahead of its publication on Wednesday.’
Daily Telegraph, 27th October 2019
Source: www.telegraph.co.uk
Rape victims face ‘culture of disbelief’ despite #MeToo movement, says commissioner – The Independent
‘People who are raped face a “culture of disbelief” when trying to obtain justice, the Victims’ Commissioner for England and Wales has said. Dame Vera Baird QC said a combination of myths surrounding rape and a drop in the number of prosecutions, despite record volumes of cases being reported to police, meant many victims feel like they were unsupported by the criminal justice system.’
The Independent, 27th October 2019
Source: www.independent.co.uk
Boss of bogus law firm disqualified as director – Legal Futures
‘The head of a bogus solicitors’ firm has received a 10-year director’s disqualification for running the business with a total lack of integrity.’
Legal Futures, 24th October 2019
Source: www.legalfutures.co.uk
Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments – UK Constitutional Law Association
‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’
UK Constitutional Law Association, 24th October 2019
Source: ukconstitutionallaw.org
Is There A Point In Banning Drill Rappers Using Certain Words? – Rights Info
‘“Bandoe”, “Booj”, “trapping” and “Kitty”. These are a few of the words drill rapper Ervine Kimpalu has been banned from using in his music for five years after being imprisoned on drug dealing charges. It has sparked renewed debate over the role the music genre plays in serious youth violence. So, how is it that a person can be prevented from using certain words? And is there any point? RightsInfo explores.’
Rights Info, 24th October 2019
Source: rightsinfo.org
Liverpool win High Court case against New Balance paving way for new Nike kit deal – The Independent
‘Liverpool FC have won a High Court battle over a multimillion-pound sponsorship deal with American sportswear giant New Balance.’
The Independent, 25th October 2019
Source: www.independent.co.uk
Police disciplinary hearings dropped over Thomas Orchard death – The Guardian
‘The family of a church caretaker with mental health problems who died after being restrained at a police station have expressed anger after disciplinary proceedings against two detention officers were dropped.’
The Guardian, 24th October 2019
Source: www.theguardian.com
The House of Lords on marriages and sharia law – Law & Religion UK
‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:
“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’
Law & Religion UK, 24th October 2019
Source: www.lawandreligionuk.com