BAILII: Recent Deicsions
Supreme Court
Lachaux v Independent Print Ltd & Anor [2019] UKSC 27 (12 June 2019)
Samuels v Birmingham City Council [2019] UKSC 28 (12 June 2019)
Court of Appeal (Civil Division)
Woodward & Anor v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 (12 June 2019)
Kuznetsov v Amazon Services Europe SARL [2019] EWCA Civ 964 (11 June 2019)
Harrison-Mills v the Public Trustee & Ors [2019] EWCA Civ 966 (11 June 2019)
B v A Local Authority [2019] EWCA Civ 913 (11 June 2019)
East of England Ambulance Service NHS Trust v Flowers & Ors [2019] EWCA Civ 947 (10 June 2019)
High Court (Chancery Division)
Connolly v Landy & Ors [2019] EWHC 1457 (Ch) (10 June 2019)
Lines v Wilcox & Ors [2019] EWHC 1451 (Ch) (10 June 2019)
High Court (Commercial Court)
High Court (Family Division)
NG v GA [2019] EWHC 1412 (Fam) (06 June 2019)
High Court (Queen’s Bench Division)
Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1469 (QB) (11 June 2019)
Source: www.bailii.org
Court refuses to increase budget for costs party brought on himself – Litigation Futures
‘The High Court has rejected a defendant’s request to revise his costs budget upwards, saying that the extra costs came from matters he either should have anticipated or brought on himself.’
Litigation Futures, 12th June 2019
Source: www.litigationfutures.com
Litigants will not be forced online, government pledges – Legal Futures
‘The government has no intention of making court processes exclusively online and so there is no need to give way to demands to guarantee this in primary legislation, peers were told this week.’
Legal Futures, 12th June 2019
Source: www.legalfutures.co.uk
Law Commission begins review of intermediated securities system – Law Commission
‘The Law Commission has begun reviewing the system of intermediated securities in order to identify potential issues for both investors and companies.’
Law Commission, 11th June 2019
Source: www.lawcom.gov.uk
Woman killed by electric door at underground car park – The Independent
‘An electrical company has been fined £25,000 after a woman was pulled into the shutter door machinery and crushed to death.’
The Independent, 11th June 2019
Source: www.independent.co.uk
Cocaine gang jailed after £20m seizure on M6 in Cheshire – BBC News
‘Two drugs gang bosses have been jailed after cocaine with a street value of £20m was seized from a van on the M6 in Cheshire.’
BBC News, 11th June 2019
Source: www.bbc.co.uk
Oxfam criticised over Haiti sex claims – BBC News
‘Oxfam has been severely criticised by the Charity Commission for the way it dealt with claims of serious sexual misconduct by its staff in Haiti.’
BBC News, 11th June 2019
Source: www.bbc.co.uk
Child spies used by police at risk of severe harm, high court told – The Guardian
‘Children recruited to spy on drug dealers, gangs, terrorists and paedophiles have fewer safeguards when handled by investigators than those arrested for minor offences such as shoplifting, the high court has heard.’
The Guardian, 11th June 2019
Source: www.theguardian.com
MI5 engaged in ‘extraordinary and persistent illegality’ whilst handling personal data, High Court hears – Daily Telegraph
‘MI5 has been unlawfully holding people’s data collected through surveillance or hacking programmes, the high court has been told.’
Daily Telegraph, 11th June 2019
Source: www.telegraph.co.uk
Whirlpool told to recall dryers in ‘unprecedented’ government move – BBC News
‘The government is to issue an “unprecedented” recall notice of up to 500,000 Whirlpool tumble dryers which pose a fire safety risk.’
BBC News, 12th June 2019
Source: www.bbc.co.uk
GP ‘ghost patients’ to be investigated by NHS fraud squad – BBC News
‘The NHS fraud squad is investigating GPs in England amid suspicions they are claiming for non-existent patients.’
BBC News, 12th June 2019
Source: www.bbc.co.uk
UK accused of ‘silently eroding’ EU pesticide rules in Brexit laws – The Guardian
‘The UK has been accused of “silently eroding” key environmental and human health protections in the Brexit-inspired rush to convert thousands of pages of European Union pesticide policy into British law.’
The Guardian, 12th June 2019
Source: www.theguardian.com
A missed opportunity – Haberdashers and subrogation – Practical Law: Construction Blog
‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’
Practical Law: Construction Blog, 11th June 2019
BAILII: Recent Decisions
High Court (Commercial Court)
High Court (Queen’s Bench Division)
East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB) (10 June 2019)
AXO v Salisbury NHS Foundation Trust [2019] EWHC 1454 (QB) (10 June 2019)
High Court (Technology and Construction Court)
Source: www.bailii.org
Continued use of Taser on autistic male was disproportionate – UK Police Law Blog
‘In Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the initial use of CS gas and Taser were justified, once the police learned of the male’s vulnerability as an autistic man and noted that his behaviour was defensive rather than aggressive, a more cautious approach should have been adopted.’
UK Police Law Blog, 29th May 2019
Source: ukpolicelawblog.com
Supreme Court turns back on procedural appeals – Litigation Futures
‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’
Litigation Futures, 11th June 2019
Source: www.litigationfutures.com
Home Secretary apologises to members of Windrush generation – Home Office
‘The Home Secretary has written 46 letters to people who were sanctioned under compliant environment policies and 7 to people with criminal convictions who were held under immigration detention powers at the end of their prison sentence.’
Home Office, 10th June 2019
Source: www.gov.uk/home-office
‘No man’s land’: thousands of suspects left in limbo – Law Society’s Gazette
‘Thousands of people have been left in “legal limbo” as a result of government reforms to pre-charge bail, which is affecting their mental health, family life and employment status, criminal defence solicitors have said.’
Law Society's Gazette, 10th June 2019
Source: www.lawgazette.co.uk
