BAILII: Recent Decisions

Posted July 17th, 2019 in law reports by sally

High Court (Administrative Court)

AS (Somalia), R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1831 (Admin) (12 July 2019)

Jain v General Medical Council [2019] EWHC 1841 (Admin) (12 July 2019)

L (An Infant), R (On the Application Of) v Buckinghamshire County Council [2019] EWHC 1817 (Admin) (12 July 2019)

Torpey, R (On the Application Of) v Director of Public Prosecutions [2019] EWHC 1804 (Admin) (10 July 2019)

Prescott v Solicitors Regulation Authority [2019] EWHC 1739 (Admin) (10 July 2019)

McLennan, R (on the application of) v Medway Council & Anor [2019] EWHC 1738 (Admin) (10 July 2019)

Berks, Bucks And Oxon Wildlife Trust, R (On the Application Of) V Secretary of State for Transport [2019] EWHC 1786 (Admin) (10 July 2019)

MacDonald, R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs [2019] EWHC 1783 (Admin) (09 July 2019)

Tewkesbury Borough Council v Secretary of State for Communities Housing and Local Government & Ors [2019] EWHC 1775 (Admin) (08 July 2019)

Oxford City Council v Secretary of State for Housing Communities and Local Government [2019] EWHC 1771 (Admin) (08 July 2019)

Just for Kids Law, R (on the application of) v Secretary of State for the Home Department [2019] EWHC 1772 (Admin) (08 July 2019)

Holloway, R (On the Application Of) v Bhui & Ors [2019] EWHC 1731 (Admin) (05 July 2019)

Clarke, R. (On the Application of) v Birmingham City Council [2019] EWHC 1728 (Admin) (04 July 2019)

Pagham Parish Council v Arun District Council [2019] EWHC 1721 (Admin) (04 July 2019)

Tumova v County Court In Melnik, Czech Republic [2019] EWHC 1698 (Admin) (03 July 2019)

LXD & Ors, R (on the application of) v Merseyside Police [2019] EWHC 1685 (Admin) (03 July 2019)

Johnson v Westminster Magistrates’ Court [2019] EWHC 1709 (Admin) (03 July 2019)

Mallya, R (on the application of) v Government of India & Anor [2019] EWHC 1849 (Admin) (02 July 2019)

Swindon Borough Council v Secretary of State for Housing Communities and Local Government & Anor [2019] EWHC 1677 (Admin) (01 July 2019)

Professional Standards Authority for Health And Social Care v The General Medical Council & Anor [2019] EWHC 1638 (Admin) (28 June 2019)

High Court (Chancery Division)

Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2019] EWHC 1872 (Ch) (17 July 2019)

Holgate v Addleshaw Goddard (Scotland) LLP [2019] EWHC 1793 (Ch) (16 July 2019)

Mircom International Content Management & Consulting Ltd & Ors v Virgin Media Ltd & Anor [2019] EWHC 1827 (Ch) (16 July 2019)

CFL Finance Ltd v Bass & Ors (Good faith to voluntary arrangements : consumer credit law) [2019] EWHC 1839 (Ch) (15 July 2019)

Buckingham Homes Ltd & Anor v Rutter & Ors [2019] EWHC 1760 (Ch) (12 July 2019)

Rahman v Rahman & Ors [2019] EWHC 1826 (Ch) (11 July 2019)

Corsham & Ors v Police and Crime Commissioner for Essex & Ors [2019] EWHC 1776 (Ch) (11 July 2019)

Lambert v Forest of Dean District Council & Ors [2019] EWHC 1763 (Ch) (08 July 2019)

Bains v Arunvill Capital Ltd & Anor [2019] EWHC 1749 (Ch) (05 July 2019)

Blizzard Entertainment SAS & Anor v Bossland GmbH & Ors [2019] EWHC 1665 (Ch) (04 July 2019)

Walsh v Greystone Financial Services Ltd [2019] EWHC 1719 (Ch) (04 July 2019)

Conn & Anor v Ezair, Re Charlotte Street Properties Ltd [2019] EWHC 1722 (Ch) (04 July 2019)

PQ & Anor v RS & Ors (Rev 1) [2019] EWHC 1643 (Ch) (04 July 2019)

Dinglis v Dinglis & Ors [2019] EWHC 1664 (Ch) (28 June 2019)

Ardawa v Uppal & Anor [2019] EWHC 1663 (Ch) (28 June 2019)

Fouladi v Darout Ltd & Ors [2019] EWHC 1674 (Ch) (28 June 2019)

High Court (Technology and Construction Court)

MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019] EWHC 1787 (TCC) (09 July 2019)

Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] EWHC 1769 (TCC) (08 July 2019)

ABB AB HVDC v McLaren Construction (Midlands And North) Ltd [2019] EWHC 1647 (TCC) (28 June 2019)

Babcock Marine (Clyde) Ltd v HS Barrier Coatings Ltd [2019] EWHC 1659 (TCC) (28 June 2019)

UK Insurance Ltd v Carillion Specialist Services Ltd [2019] EWHC 1588 (TCC) (27 June 2019)

Source: www.bailii.org

New rights for victims of crime – Ministry of Justice

Posted July 17th, 2019 in codes of practice, criminal justice, press releases, victims by sally

‘Victims of crime will receive greater support under government plans to boost their rights at every stage of the justice system.’

Full press release

Ministry of Justice, 17th July 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Paedophile spared jail after police and prosecutor blunders – Daily Telegraph

Posted July 17th, 2019 in guilty pleas, indecent photographs of children, mistake, news, police, prosecutions, sentencing, suspended sentences by sally

‘A paedophile has been spared jail after a judge claimed a series of mistakes from the police and prosecutors have allowed him to walk free.’

Full Story

Daily Telegraph, 16th July 2019

Source: www.telegraph.co.uk

London Bridge attackers lawfully killed, inquest finds – BBC News

Posted July 17th, 2019 in firearms, inquests, news, police, terrorism by sally

‘The three London Bridge attackers, who killed eight people in 2017, were lawfully killed by police, an inquest has found.’

Full Story

BBC News, 16th July 2019

Source: www.bbc.co.uk

Tafida Raqeeb: Parents of five-year-old girl in coma launch legal challenge to decision to allow her to die – The Independent

Posted July 17th, 2019 in children, consent, hospitals, medical treatment, news by sally

‘The parents of a seriously ill five-year-old girl have launched a legal challenge after doctors decided she should be allowed to die.’

Full Story

The Independent, 16th July 2019

Source: www.independent.co.uk

Home Office accused of covering up plight of hundreds of trafficking victims wrongly detained in immigration centres – The Independent

Posted July 17th, 2019 in detention, forced labour, freedom of information, government departments, immigration, news, trafficking in human beings by sally

‘The Home Office has been accused of covering up the plight of hundreds of modern slavery victims after it was forced to disclose data it previously claimed to have “no record” of.’

Full Story

The Independent, 16th July 2019

Source: www.independent.co.uk

Police failing to solve crimes committed against elderly people, report finds – The Independent

Posted July 17th, 2019 in criminal justice, elderly, news, police, prosecutions, reports, victims by sally

‘Police are failing to solve crimes committed against elderly people and letting perpetrators walk free, watchdogs have warned. HM Inspectorate of Constabulary and HM Crown Prosecution Service Inspectorate found that care for older victims was not good enough in more than half of cases examined.’

Full Story

The Independent, 17th July 2019

Source: www.independent.co.uk

Rural domestic abusers being protected by countryside culture – The Guardian

Posted July 17th, 2019 in domestic violence, news, police, reports, women by sally

‘Rural women enduring domestic abuse are half as likely as urban victims to report their suffering and are being failed by authorities with perpetrators shielded by countryside culture, a report says.’

Full Story

The Guardian, 17th July 2019

Source: www.theguardian.com

Aldi censured over misleading advert suggesting shoppers could save 45% by switching from Tesco – The Independent

Posted July 17th, 2019 in advertising, consumer protection, food, news by sally

‘Tesco has succeeded in having Aldi censured over an advert that misled customers about the potential savings to be had by switching to the cut-price competitor.’

Full Story

The Independent, 16th July 2019

Source: www.independent.co.uk

Transgender man who gave birth loses high court privacy ruling – The Guardian

Posted July 17th, 2019 in anonymity, children, judicial review, news, paternity, privacy, transgender persons by sally

‘The first transgender man to give birth and seek to be called the child’s father has lost a high court case to protect his privacy despite warning that he and his child could be victimised and bullied as a result.’

Full Story

The Guardian, 16th July 2019

Source: www.theguardian.com

Dyson ad banned for giving impression fan was cordless – The Independent

Posted July 17th, 2019 in advertising, complaints, consumer protection, media, news by sally

‘A Dyson television advert has been banned for misleading customers into thinking a high-tech fan was cordless when in fact it required a plug.’

Full Story

The Independent, 16th July 2019

Source: www.independent.co.uk

Birmingham drowned soldier family settle MoD claim for £500k – BBC News

Posted July 17th, 2019 in accidents, armed forces, compensation, inquests, news by sally

‘The family of a soldier who died during a British Army-led kayak training exercise have settled a claim against the Ministry of Defence for £535,000.’

Full Story

BBC News, 16th July 2019

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 16th, 2019 in law reports by sally

Court of Appeal (Civil Division)

ASK, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWCA Civ 1239 (16 July 2019)

Sabbagh v Khoury & Ors [2019] EWCA Civ 1219 (12 July 2019)

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2019] EWCA Civ 1160 (12 July 2019)

Kocur v Angard Staffing Solutions Ltd & Anor [2019] EWCA Civ 1185 (11 July 2019)

AB (Termination of Pregnancy), Re [2019] EWCA Civ 1215 (11 July 2019)

Secretary of State for the Home Department v PG (Jamaica) [2019] EWCA Civ 1213 (11 July 2019)

Ark Shipping Company LLC v Silverburn Shipping (IOM) Ltd [2019] EWCA Civ 1161 (10 July 2019)

Livewest Homes Ltd v Bamber [2019] EWCA Civ 1174 (10 July 2019)

Kabir v The Secretary of State for the Home Department [2019] EWCA Civ 1162 (09 July 2019)

Lauzikas, R (on the application of) v Secretary of State for the Home Department [2019] EWCA Civ 1168 (09 July 2019)

Oyston Estates Ltd, R (On the Application Of) v Fylde Borough Council [2019] EWCA Civ 1152 (05 July 2019)

The Secretary of State for the Home Department v PF (Nigeria) [2019] EWCA Civ 1139 (04 July 2019)

General Dynamics United Kingdom Ltd v The State of Libya [2019] EWCA Civ 1110 (03 July 2019)

Charlesworth, R (On the Application Of) v Crossrail Ltd [2019] EWCA Civ 1118 (03 July 2019)

McNeil & Ors v Revenue And Customs [2019] EWCA Civ 1112 (03 July 2019)

Ngole, R (on the application of) v The University of Sheffield [2019] EWCA Civ 1127 (03 July 2019)

Kaur & Anor v Secretary of State for the Home Department [2019] EWCA Civ 1101 (1 July 2019)

Simantob v Shavleyan [2019] EWCA Civ 1105 (28 June 2019)

Al-Zahra (PVT) Hospital & Ors v DDM [2019] EWCA Civ 1103 (27 June 2019)

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2019] EWCA Civ 1096 (27 June 2019)

Court of Appeal (Criminal Division)

PR v R. [2019] EWCA Crim 1225 (12 July 2019)

Dixon-Nash, R v [2019] EWCA Crim 1173 (10 July 2019)

Caswell & Ors v R. [2019] EWCA Crim 1106 (09 July 2019)

Chauhan & Anor, R. v [2019] EWCA Crim 1111 (05 July 2019)

Foy v R. [2019] EWCA Crim 1156 (05 July 2019)

Brown, R. v [2019] EWCA Crim 1143 (04 July 2019)

Abdullah & Anor v R. [2019] EWCA Crim 1137 (04 July 2019)

Chin-Charles v R. (Rev 1) [2019] EWCA Crim 1140 (03 July 2019)

Smith & Ors, R. v [2019] EWCA Crim 1151 (27 June 2019)

Clough, R. v [2019] EWCA Crim 1119 (26 June 2019)

High Court (Family Division)

O’Dwyer v O’Dwyer [2019] EWHC 1838 (Fam) (12 July 2019)

X v Y (Permission to Appeal) [2019] EWHC 1713 (Fam) (03 July 2019)

Akhmedova v Akhmendov & Ors (Injunctive Relief) [2019] EWHC 1705 (Fam) (03 July 2019)

Source: www.bailii.org

“Landmark moment” as Domestic Abuse Bill introduced to Parliament – Home Office

Posted July 16th, 2019 in bills, consultations, cross-examination, domestic violence, press releases, victims by sally

‘The government’s landmark Domestic Abuse Bill will be introduced in Parliament today, signalling a major step forward in transforming the response to this crime.’

Full press release

Home Office, 16th July 2019

Source: www.gov.uk/home-office

Costs Orders and Experts – Family Law Week

Posted July 16th, 2019 in case management, children, civil procedure rules, costs, domestic violence, expert witnesses, families, news by sally

‘Nisha Bambhra, barrister at Garden Court Chambers, considers the implications for expert witnesses who fail to comply with court orders.’

Full Story

Family Law Week, 11th July 2019

Source: www.familylawweek.co.uk

Serial killer Stephen Port’s drug dealer convicted – BBC News

Posted July 16th, 2019 in drug offences, drug trafficking, fraud, internet, murder, news, rape, theft by sally

‘A serial killer’s drug dealer who targeted victims through gay dating apps has been found guilty of murdering a businessman with an overdose of GHB.’

Full Story

BBC News, 15th July 2019

Source: www.bbc.co.uk

Solicitor in four year wheelie bin row with doctor is cleared of harassment – Daily Telegraph

Posted July 16th, 2019 in complaints, costs, harassment, housing, indemnities, news, waste by sally

‘A solicitor who engaged in a four-year row over a wheelie bin has been cleared of harassing his doctor neighbour after a judge ruled he was entitled to protect his property.’

Full Story

Daily Telegraph, 15th July 2019

Source: www.telegraph.co.uk

Coroners link eleven deaths to glitches in NHS 111 and 999 systems – Daily Telegraph

Posted July 16th, 2019 in bereavement, children, coroners, hospitals, inquests, news, telecommunications by sally

‘The deaths of eleven patients, including two young children, have been linked to glitches in the algorithms used by the NHS 111 and 999 services.’

Full Story

Daily Telegraph, 15th July 2019

Source: www.telegraph.co.uk

‘White middle-aged men’ leading armed forces blamed for bullying culture in new report – The Independent

Posted July 16th, 2019 in armed forces, bullying, complaints, diversity, equality, harassment, news, race discrimination, reports, sex discrimination by sally

‘Servicemen and women are facing “unacceptable” levels of inappropriate behaviour in part due to the “pack mentality of white middle-aged men” commanding the armed forces, a report says. A “significant number” of military personnel have experienced “bullying, discrimination and harassment, including sexual”, according to the research commissioned by the Ministry of Defence (MoD).’

Full Story

The Independent, 16th July 2019

Source: www.independent.co.uk

Armed forces: Sexual offence claims ‘not properly recorded’ – BBC News

Posted July 16th, 2019 in armed forces, complaints, diversity, equality, harassment, indecent photographs of children, news, pornography, race discrimination, sex discrimination, sexual offences, stalking, statistics, threatening behaviour by sally

‘At least 60 sexual offence allegations investigated by military service police in two years were not reported in official figures, the BBC has found. Figures for 2017 and 2018 did not include alleged offences such as sexual communications with children and stalking involving fear of violence.’

Full Story

BBC news, 16th July 2019

Source: www.bbc.co.uk