BAILII: Recent Decisions
High Court (Chancery Division)
Mousavi-Khalkali v Abrishamchi & Anor [2019] EWHC 2364 (Ch) (18 September 2019)
Source: www.bailii.org
Council hit with £100k fine after exposing workers to Hand Arm Vibration Syndrome – Local Government Lawyer
‘Dacorum Borough Council has been fined £100,000 for exposing seven grounds maintenance workers to Hand Arm Vibration Syndrome (HAVS), caused by excessive use of power tools.
Local Government Lawyer, 18th September 2019
Source: www.localgovernmentlawyer.co.uk
Borough council wins appeal over ‘continuing offence’ in HMO case – Local Government Lawyer
‘A ‘continuing’ offence is not time-barred from prosecution by when it was first noted, the High Court has said in an appeal brought by Luton Borough Council.’
Local Government Lawyer, 19th September 2019
Source: www.localgovernmentlawyer.co.uk
Cut-off between budgeted and incurred costs to be clarified – Litigation Futures
‘A change to the CPR coming into force on 1 October should provide clearer guidance on the cut-off between budgeted and incurred costs, it has been argued.’
Litigation Futures, 19th September 2019
Source: www.litigationfutures.com
Open justice ‘victory’ revisited – Family Law
‘Laws governing the release of court material to non-parties in civil cases post Cape Intermediate are clear, but has the decision moved transparency laws forward for family proceedings? David Burrows reports.’
Family Law, 19th September 2019
Source: www.familylaw.co.uk
Home Office ‘doomed to repeat the mistakes of Windrush’ – The Guardian
‘The mistakes made by the Home Office over the Windrush scandal are doomed to be repeated unless the department completely overhauls its systems, according to a report about its approach to processing immigration applications.’
The Guardian, 18th September 2019
Source: www.theguardian.com
BBC presenters told to pay tens of thousands in back taxes as judge rules against them – Daily Telegraph
‘Three BBC news presenters have been told to pay hundreds of thousands of pounds in back taxes, despite the High Court finding that the corporation forced them into the wrong contracts.’
Daily Telegraph, 18th September 2019
Source: www.telegraph.co.uk
Pensioner cleared of ‘mercy killing’ murder of terminally-ill husband – The Independent
‘A pensioner has been cleared of the “mercy killing” murder of her terminally ill husband, who died after they both took an overdose last year.’
The Independent, 18th September 2019
Source: www.independent.co.uk
Watchdog threatens to refer JD Sports takeover – BBC News
‘JD Sports’ takeover of Footasylum is facing greater scrutiny after the competition watchdog warned it could result in “a worse shopping experience for customers”. The Competition and Markets Authority will refer the £90m deal to a “phase 2” investigation, which means it will take a more in-depth look at the tie-up.’
BBC News, 19th September 2019
Source: www.bbc.co.uk
Banned leader – Nearly Legal
’43 Dudmaston, Telford, Shropshire TF3 2DF: BIR/00GF/HSH/2019/0001. This is the First Tier Tribunal (Property Chamber) decision on applications by the Borough of Telford and Wrekin for a banning order against David Beattie under section 15(1) Housing and Planning Act 2016 and for a rent repayment order under section 41 H&PA 2016.’
Nearly Legal, 17th September 2019
Source: nearlylegal.co.uk
Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty – UK Constitutional Law Association
‘The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive to the petitioners’ argument that the advice given to Her Majesty violated the conventional purposes for which prorogation ought to be used and was therefore unconstitutional (Cherry, [1]; see also Lord Sumption). Where the court erred was in concluding that the act of prorogation was itself unlawful. The intimate relationship between the prerogative power to prorogue and the supremacy of Parliament precludes such a conclusion. If, as seems correct, a response to this breach of convention is warranted, it is one that can, constitutionally, only come from Parliament itself.’
UK Constitutional Law Association, 17th September 2019
Source: ukconstitutionallaw.org
BAILII: Recent Decisions
High Court (Administrative Court)
Source: www.bailii.org
Report on legal services regulation presents case for further reform – Law Society’s Gazette
‘The potential harm to consumers arising from enduring weaknesses in legal services regulation justifies further reform, says a report published today by University College London’s Centre for Ethics and Law.’
Law Society's Gazette, 17th September 2019
Source: www.lawgazette.co.uk
‘Catfishing’ sex offender is jailed for a year – Daily Telegraph
‘A convicted sex offender, who posed as a woman on a dating website in order to trick other females into sending him intimate photographs, has been jailed for a year.’
Daily Telegraph, 17th September 2019
Source: www.telegraph.co.uk
Met Commissioner admits knowing description of Nick as ‘credible and true’ was a mistake at the time – Daily Telegraph
‘The Met Commissioner has come under fire over her failure to correct one of her senior officers when he described Nick, the child abuse fantasist, as “credible and true”.’
Daily Telegraph, 17th September 2019
Source: www.telegraph.co.uk
‘Staggering’ Home Office disregard for innocent people saw thousands lose visas in cheating scandal, MPs say – The Independent
‘The Home Office showed “staggering” disregard for innocent people during the visa scandal that saw more than 50,000 overseas students accused of cheating and cost taxpayers nearly £20m, MPs have said. The Public Accounts Committee found that hundreds of people were still protesting their innocence at “great personal cost” more than five years after being accused of fraudulently passing English language tests due to the Home Office’s delay in responding to indications that some may have been wrongly caught up in the probe.’
The Independent, 18th September 2019
Source: www.independent.co.uk
Child victims of human trafficking prosecuted despite CPS rules – The Guardian
‘Young British victims of human trafficking who have been forced to sell drugs in county lines operations are being charged and prosecuted despite guidelines against doing so, the Guardian can reveal.’
The Guardian, 17th September 2019
Source: www.theguardian.com
More police officers to be armed with Tasers in London – The Independent
‘More police officers in London are to be armed with Tasers following calls for the weapons to be rolled out for their own protection, the commissioner of the Metropolitan Police has said.’
The Independent, 17th september 2019
Source: www.independent.co.uk
