BAILII: Recent Decisions
Court of Appeal (Civil Division)
West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (17 July 2019)
Langford v The Secretary of State for Defence [2019] EWCA Civ 1271 (17 July 2019)
MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253 (17 July 2019)
F (A Child) (Fact-Finding Appeal), Re [2019] EWCA Civ 1244 (16 July 2019)
Sanusi v The General Medical Council [2019] EWCA Civ 1172 (16 July 2019)
Court of Appeal (Criminal Division)
Roberts, R v [2019] EWCA Crim 1270 (17 July 2019)
High Court (Commercial Court)
Skymist Holdings Ltd v Grandlane Developments Ltd [2019] EWHC 1834 (Comm) (12 July 2019)
Islamic Republic of Pakistan & Anor v Broadsheet LLC [2019] EWHC 1832 (Comm) (12 July 2019)
Bridgehouse (Bradford No.2) v BAE Systems Plc [2019] EWHC 1768 (Comm) (11 July 2019)
Mohamed v Breish & Ors [2019] EWHC 1765 (Comm) (10 July 2019)
N v The Royal Bank of Scotland Plc [2019] EWHC 1770 (Comm) (08 July 2019)
Hotel Portfolio II UK Ltd v SMA Investment Holdings Ltd & Ors [2019] EWHC 1754 (Comm) (05 July 2019)
UCP Plc v Nectrus Ltd [2019] EWHC 1732 (Comm) (05 July 2019)
LIC Telecommunications SARL & Anor v VTB Capital Plc & Ors [2019] EWHC 1747 (Comm) (05 July 2019)
Stati & Ors v The Republic of Kazakhstan [2019] EWHC 1715 (Comm) (02 July 2019)
High Court (Family Division)
H v W [2019] EWHC 1897 (Fam) (17 July 2019)
High Court (Patents Court)
High Court (Queen’s Bench Division)
AB v Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) (16 July 2019)
WCC v Steer [2019] EWHC 1874 (QB) (15 July 2019)
Alvarez v Moor & Anor [2019] EWHC 1774 (QB) (15 July 2019)
Osagie v Serco Ltd & Ors [2019] EWHC 1803 (QB) (11 July 2019)
HM Attorney General v Yaxley-Lennon (Rev 1) [2019] EWHC 1791 (QB) (09 July 2019)
Jamous v Mercouris [2019] EWHC 1746 (QB) (05 July 2019)
Morgan v Times Newspapers Ltd [2019] EWHC 1525 (QB) (02 July 2019)
Source: www.bailii.org
Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association
‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’
UK Constitutional Law Association, 18th July 2019
Source: ukconstitutionallaw.org
Justice secretary urges evidence-led approach to cut crime – Ministry of Justice
‘Justice Secretary David Gauke today called for an “evidence-led” approach to tackling reoffending in order to crack down on crime and reduce the number of victims.’
Ministry of Justice, 18th July 2019
Source: www.gov.uk/government/organisations/ministry-of-justice
Code aims to improve standard of private prosecutions – Law Society’s Gazette
‘Lawyers advising clients in the controversial area of private prosecutions have published a code that aims to improve the standard of prosecutions and increase judicial understanding of the process.’
Law Society's Gazette, 18th July 2019
Source: www.lawgazette.co.uk
House of Lords passes amendment to help prevent no-deal Brexit – The Guardian
‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’
The Guardian, 17th July 2019
Source: www.theguardian.com
Home Office used ‘confused, misleading, incomplete and unsafe’ evidence to revoke visas of tens of thousands of international students, report finds – The Independent
‘Tens of thousands of international students had their visas revoked after the Home Office used “confused, misleading, incomplete and unsafe” evidence, MPs have said. The department ignored expert advice and relied on “dodgy” evidence when it accused almost 34,000 students of cheating in English language tests in 2015, according to a new report published by the all-party parliamentary group (APPG) on the Test of English for International Communication (Toeic).’
The Independent, 18th July 2019
Source: www.independent.co.uk
Govia Thameslink fined £1m over Gatwick Express window death – BBC News
‘A rail firm has been fined £1m after a man died leaning out of a train window. Simon Brown, 24, was killed when he hit his head on a steel gantry on the side of the track while on the Gatwick Express in London in August 2016. In May, Govia Thameslink Railway admitted a health and safety breach because a sign saying not to lean out was not displayed clearly enough.’
BBC News, 17th July 2019
Source: www.bbc.co.uk
Manchester Arena bomber’s brother held in UK after extradition – The Guardian
‘The brother of the Manchester Arena attacker, Salman Abedi, has been extradited from Libya to the UK to face multiple murder charges over his alleged role in the attack.’
The Guardian, 17th July 2019
Source: www.theguardian.com
Woman wins right to late partner’s military pension in landmark ruling – BBC News
‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’
BBC News, 17th July 2019
Source: www.bbc.co.uk
Civil remedies will remain vital for companies despite new fraud code – OUT-LAW.com
‘Civil recovery remedies will remain a vital tool for defrauded companies seeking recovery of stolen funds regardless of new industry initiatives such as the authorised push payment (APP) fraud code, according to an expert at Pinsent Masons, the law firm behind Out-Law.’
OUT-LAW.com, 16th July 2019
Source: www.pinsentmasons.com
BAILII: Recent Decisions
High Court (Administrative Court)
Jain v General Medical Council [2019] EWHC 1841 (Admin) (12 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)
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)
High Court (Chancery Division)
Holgate v Addleshaw Goddard (Scotland) LLP [2019] EWHC 1793 (Ch) (16 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
‘Victims of crime will receive greater support under government plans to boost their rights at every stage of the justice system.’
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
‘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.’
Daily Telegraph, 16th July 2019
Source: www.telegraph.co.uk
London Bridge attackers lawfully killed, inquest finds – BBC News
‘The three London Bridge attackers, who killed eight people in 2017, were lawfully killed by police, an inquest has found.’
BBC News, 16th July 2019
Source: www.bbc.co.uk
Home Office accused of covering up plight of hundreds of trafficking victims wrongly detained in immigration centres – The Independent
‘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.’
The Independent, 16th July 2019
Source: www.independent.co.uk
Police failing to solve crimes committed against elderly people, report finds – The Independent
‘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.’
The Independent, 17th July 2019
Source: www.independent.co.uk
Rural domestic abusers being protected by countryside culture – The Guardian
‘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.’
The Guardian, 17th July 2019
Source: www.theguardian.com
