BAILII: Recent Decisions
High Court (Chancery Division)
High Court (Queen’s Bench Division)
Miller, R (On the Application Of) v The Prime Minister [2019] EWHC 2381 (QB) (11 September 2019)
Source: www.bailii.org
Emails treated as ‘without prejudice’ can be used for costs – Litigation Futures
‘There is no rule that communications treated as “without prejudice” despite not being labelled as such cannot be referred to when considering costs, the High Court has ruled.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
Narrow escape for defendants who failed to notice particulars of claim – Litigation Futures
‘A judge has set aside “by the narrowest of margins, and with some hesitation” a claimant’s judgment in default after the defendant’s solicitor failed to notice that particulars of claim had been served for five months.’
Litigation Futures, 12th September 2019
Source: www.litigationfutures.com
Law firms “need data-sharing guidance” to avoid GDPR breaches – Legal Futures
‘The Information Commissioner needs to provide specific guidance to law firms on how they can lawfully share personal data, a leading City law firm has argued.’
Legal Futures, 12th September 2019
Source: www.legalfutures.co.uk
Non-disclosing husband fails in challenge to Court of Appeal – Family Law
‘A husband who failed to disclose all of his assets has failed in his appeal to set aside an order.’
Family Law, 10th September 2019
Source: www.familylaw.co.uk
Cohabiting with a partner: protecting assets – Family Law
‘Press reports of Boris Johnson and his partner arguing days before moving into No. 10 together has raised questions about the longevity of their cohabitation. However, with the number of cohabiting couples continuing to increase, how can lawyers advise those who choose to move in together protect their assets in the case of a breakup? Carrie Symonds is the first ‘unmarried’ PM partner to reside at Downing Street – confirmation, if we needed it, that couples choosing to simply cohabit (rather than marry before living together) is becoming the norm. Marriage is no longer the main priority for every couple, with many considering living together, commitment enough. As well as cohabiting being deemed as more socially acceptable than ever before, it has practical appeal too. For many, allowing the financial responsibility of owning and running a household to be shared can make a lot of sense, until a relationship breakdown.’
Family Law, 12th September 2019
Source: www.familylaw.co.uk
Four sentenced for their part in the UK’s largest ever visa fraud – Crown Prosecution Service
‘Four people have been sentenced at Southwark Crown Court today for their part in the UK’s largest immigration fraud and attempting to cheat HMRC of payroll tax.’
Crown Prosecution Service, 11th September 2019
Source: www.cps.gov.uk
NRPF: The crisis facing the children of migrants – Family Law Week
‘Cameron Boyle, political correspondent for the Immigration Advice Service, explains the impact on the children of migrants of having no recourse to public funds and encountering problems with local authorities’ application of Children Act 1989, section 17.’
Family Law Week, 11th September 2019
Source: www.familylawweek.co.uk
Manchester mum fed takeaways to dying obese child – BBC News
‘A mother called her obese child a “doughnut”, stopped them exercising and fed them takeaways before they died from a heart condition at 13, a report has found.’
BBC News, 11th September 2019
Source: www.bbc.co.uk
Student had to have testicle removed after errors in medical care – The Guardian
‘A university student was left in severe pain for six days and ended up having his right testicle removed after medics failed to act quickly enough, a report has said. An investigation by the Healthcare Safety Investigation Branch found errors in the care given to the 20-year-old, known only as Ryan, including by GPs and hospital medics.’
The Guardian, 12th September 2019
Source: www.theguardian.com
Mum’s legal action over autistic son’s Bristol college place – BBC News
‘The mother of a severely autistic man is taking legal action after a BBC film showing him learning to shop was used to assess him for a college placement.’
BBC News, 12th September 2019
Source: www.bbc.co.uk
HMRC faces legal fight for handing Britons’ data to US tax officials – The Guardian
‘HMRC is facing a legal battle to block it from handing personal details about British citizens to US tax authorities. The case could have wide-ranging implications for tens of thousands of so-called accidental Americans who left the US when they were months or years old but risk having their British bank accounts frozen for failing to comply with the US tax requirements.’
The Guardian, 12th September 2019
Source: www.theguardian.com
Brexit: Scottish judges rule Parliament suspension is unlawful – BBC News
‘Boris Johnson’s suspension of the UK Parliament is unlawful, Scotland’s highest civil court has ruled.’
BBC News, 11th September 2019
Source: www.bbc.co.uk
Drunk teacher who hugged, kissed and ‘danced inappropriately’ with pupils at school prom banned from classroom – The Independent
‘A teacher who drunkenly hugged, kissed and danced “inappropriately” with Year 11 students at a school prom has been banned from the classroom.’
The Independent, 11th September 2019
Source: www.independent.co.uk
Christian campaigner challenges LGBT school protest ruling – Daily Telegraph
‘A christian campaigner will this week challenge a High Court ruling, which he believes bans anyone from criticising on social media teaching by staff at a primary school at the centre of a row over LGBT relationships.’
Daily Telegraph, 11th September 2019
Source: www.telegraph.co.uk
Rape convictions at record low, as CPS launches review to examine ‘myths and stereotypes’ about sexual violence – Daily Telegraph
‘The number of people prosecuted for rape in England and Wales has slumped to an all-time low, despite record volumes of cases being reported to police, new figures show.’
Daily Telegraph, 12th September 2019
Source: www.telegraph.co.uk
Paedophile who made partner’s children watch them have sex before abusing them jailed – The Independent
‘An “insidious” paedophile, who encouraged his partner’s children to watch the couple have sex before sexually abusing them, has been jailed.’
The Independent, 11th September 2019
Source: www.independent.co.uk
Serial killer’s dealer jailed for Grindr murder – BBC News
‘A drug dealer who supplied serial killer Stephen Port has been jailed for at least 31 years for the murder of a businessman.’
BBC News, 11th September 2019
Source: www.bbc.co.uk
Female banker whose boss repeatedly told her ‘not now, Stacey’ wins £4m sex discrimination claim – Daily Telegraph
‘A female banker whose boss demeaned her by repeatedly saying “not now, Stacey” has won a £4 million sex discrimination claim.’
Daily Telegraph, 11th September 2019
Source: www.telegraph.co.uk
Man, 69, jailed for knocking teenager off bike in road rage row – The Guardian
‘A man who used his 4×4 to knock down a teenage cyclist before beating him up and trashing his new bicycle during a road rage row has been jailed for six months.’
The Guardian, 11th September 2019
Source: www.theguardian.com
