BAILII: Recent Deicsions
Supreme Court
OWD Ltd (t/a Birmingham Cash and Carry) & Anor v Revenue and Customs – [2019] UKSC 30 (19 June 2019)
Secretary of State for Work and Pensions v Gubeladze [2019] UKSC 31 (19 June 2019)
Court of Appeal (Civil Division)
Archer, R (on the application of) v HM Revenue and Customs [2019] EWCA Civ 1021 (18 June 2019)
High Court (Administrative Court)
Callum, Decision On Review of the Tariff [2019] EWHC 1544 (Admin) (17 June 2019)
High Court (Chancery Division)
Hyde & Anor v Nygate & Anor [2019] EWHC 1516 (Ch) (18 June 2019)
High Court (Family Division)
M (Deprivation of Liberty in Scotland) [2019] EWHC 1510 (Fam) (17 June 2019)
High Court (Queen’s Bench Division)
Birmingham City Council v Afsar & Ors [2019] EWHC 1560 (QB) (18 June 2019)
High Court (Technology and Construction Court)
Source: www.bailii.org
Judge rejects application by Official Solicitor for council to pay costs in s.21A proceedings – Local Government Lawyer
‘A Court of Protection judge has rejected an application by the Official Solicitor (OS), acting as litigation friend, for the London Borough of Harrow to pay its costs in proceedings under Section 21A of the Mental Capacity Act 2005.’
Local Government Lawyer, 18th June 2019
Source: www.localgovernmentlawyer.co.uk
High Court rejects challenge over refusal of legal aid for bid to quash PSPO prohibitions – Local Government Lawyer
‘ A High Court judge has rejected a judicial review challenge brought by human rights group Liberty over the refusal to grant civil legal aid for the pursuit of an application to quash prohibitions contained in a public spaces protection order (PSPO).’
Local Government Lawyer, 18th June 2019
Source: www.localgovernmentlawyer.co.uk
No rule to stop costs being awarded against children, says judge – Litigation Futures
‘There is no general rule preventing costs being awarded against children, a High Court judge has said. Mr Justice Morgan said the case law on the issue did not present a “clear or coherent picture” on the issue, and contained examples of costs being made against both child claimants and defendants, even where they had litigation friends.’
Litigation Futures, 18th June 2019
Source: www.litigationfutures.com
Women lawyers face uphill struggle on fees and salaries – Legal Futures
‘Some clients expect discounts on fees for using a female lawyer while women who push for higher salaries are likely to be labelled “aggressive”, a global survey by the Law Society has found. The report concluded that quotas could help to tackle inequality as there was “no real equality or meritocracy in the legal profession”.’
Legal Futures, 19th June 2019
Source: www.legalfutures.co.uk
New global resettlement scheme for the most vulnerable refugees announced – Home Office
‘The UK will continue to resettle thousands of refugees under a new scheme set to start in 2020, the Home Secretary announced today.’
Home Office, 17th June 2019
Source: www.gov.uk/home-office
Woman knocked down while on phone wins payout from cyclist -The Guardian
‘A woman who was knocked unconscious by a cyclist will be awarded compensation, despite a judge finding she had stepped into the road while looking at her phone.’
The Guardian, 18th June 2019
Source: www.theguardian.com
Man successfully sues Brewdog for £1,000 after being told beer was only on sale to women – Daily Telegraph
‘A drinker won a discrimination case against a popular brewery after he was stopped from buying its women-only beer.’
Daily Telegraph, 18th June 2019
Source: www.telegraph.co.uk
Universal credit adverts from government ‘deliberately misleading’, say charities – The Independent
‘A coalition of more than 80 benefit charities has submitted a complaint to the Advertising Standards Authority over government ads for Universal Credit which they claim are “deliberately misleading”.’
The Independent, 19th June 2019
Source: www.independent.co.uk
Victims of discrimination ‘denied justice’ as legal aid cuts create ‘David vs Goliath’ scenario, report finds – The Independent
‘Victims of discrimination in England and Wales are being denied justice due to soaring legal aid cuts, the equalities watchdog has warned. The Equality and Human Rights Commission (EHRC) said people who had been discriminated against for reasons such as their race, gender or disability were being left to represent themselves in court, creating a “David vs Goliath” scenario or letting perpetrators to go entirely unchallenged.’
The Independent, 19th June 2019
Source: www.independent.co.uk
Muslim father faces jail for mental abuse of his daughters – Daily Telegraph
‘A Muslim father faces jail for psychologically abusing his daughters in the first case of its kind.’
Daily Telegraph, 18th June 2019
Source: www.telegraph.co.uk
Consumers being badly advised on pensions, says regulator – The Guardian
‘The City watchdog has raised fresh concerns that thousands of consumers are being wrongly advised to cash in their defined benefit pension, putting them at greater risk of financial insecurity in old age.’
The Guardian, 19th June 2019
Source: www.theguardian.com
Ben & Jerry’s ice cream adverts removed after they were placed on billboards too close to primary school – Daily Telegraph
‘Ben & Jerry’s ice cream adverts have been removed after they were placed on billboards within 100m of a primary school.’
Daily Telegraph, 19th June 2019
Source: www.telegraph.co.uk
Private burial vaults and adverse possession: Holy Trinity, Dalton – Law and Religion UK
‘The Upper Tribunal (Lands Chamber) has upheld the title of the descendants of the original grantor to a family burial vault in a closed church.’
Law and Religion UK, 17th June 2019
Source: www.lawandreligionuk.com
Reasonable Expenses and intentional homelessness – Nearly Legal
‘Samuels v Birmingham City Council (2019) UKSC 28. The Supreme Court, finally, has delivered its judgment on the issue of the assessment of “reasonable expenses” when considering the affordability of rent in homelessness decisions.’
Nearly Legal, 16th June 2019
Source: nearlylegal.co.uk
“No revolution” says the Supreme Court as it rules on defamation – UK Human Rights Blog
‘Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a “tendency” to injure a claimant’s reputation. Instead, the language of section 1(1) of the Act requires a statement to produce serious harm to reputation before it can be considered defamatory.’
UK Human Rights Blog, 17th june 2019
Source: ukhumanrightsblog.com
Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI
‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’
Zenith PI, 17th June 2019
Source: zenithpi.wordpress.com
