BAILII: Recent Decisions
Court of Appeal (Civil Division)
Lachaux v Lachaux [2019] EWCA Civ 738 (01 May 2019)
Haworth, R (On the Application Of) v Revenue And Customs [2019] EWCA Civ 747 (01 May 2019)
High Court (Administrative Court)
High Court (Chancery Division)
Kingsley& Ors v Kinglsey & Anor [2019] EWHC 1073 (Ch) (01 May 2019)
Source: www.bailii.org
Even more people set to benefit from online court reform – Ministry of Justice
‘New legislation making it even easier for court users to apply for small money claims or divorce online was unveiled in the House of Lords today (1 May 2019).’
Ministry of Justice, 1st May 2019
Source: www.gov.uk/government/organisations/ministry-of-justice
Councils fail in legal challenge over Heathrow Airport expansion – Local Government Lawyer
‘A Divisional Court has dismissed a legal challenge brought by five councils, the Mayor of London and a number of other claimants over the Secretary of State for Transport’s decision to designate the Airports National Policy Statement (“ANPS”), which sets out that the Government’s preferred location for additional airport capacity in the South East of England is a new runway at Heathrow.’
Local Government Lawyer, 1st May 2019
Source: www.localgovernmentlawyer.co.uk
Appellant ordered to pay £5k costs after acting unreasonably in SEN appeal – Local Government Lawyer
‘A mother has been ordered to pay Hertfordshire County Council costs of £5,245 after being held to have acted unreasonably over an appeal on her daughter’s schooling, a judgment published this week on Bailii has revealed.’
Local Government Lawyer, 1st May 2019
Source: www.localgovernmentlawyer.co.uk
CMC censured over ‘all birth injuries caused by negligence’ claim – Litigation Futures
‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’
Litigation Futures, 1st May 2019
Source: www.litigationfutures.com
Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures
‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’
Legal Futures, 2nd May 2019
Source: www.legalfutures.co.uk
Care home charity faces prosecution over death of teenager – The Guardian
‘A care home charity advised by the internationally renowned mental health worker Elly Jansen is facing criminal prosecution over the death of Sophie Bennett, a 19-year-old resident who took her own life.’
The Guardian, 1st May 2019
Source: www.theguardian.com
Caster Semenya testosterone verdict ignites debate about fairness, women’s sport and human rights – Daily Telegraph
‘Caster Semenya’s enforced use of testosterone-limiting drugs is a potential human rights breach, legal experts claimed on Wednesday as they drew comparisons with the innate physical advantages of other world-dominating athletes.’
Daily Telegraph, 1st May 2019
Source: www.telegraph.co.uk
Suspected serial rapist may have been freed from jail early in error – The Guardian
‘An urgent review has been launched over fears that an “extremely dangerous” rape suspect currently being hunted by police may have been wrongly released from prison. Joseph McCann, 34, is wanted over the abduction of two women in their 20s who were separately snatched off the streets in north London last Thursday.’
The Guardian, 1st May 2019
Source: www.theguardian.com
‘Under-qualified’ officers investigating crimes – watchdog – BBC News
‘Crimes are being investigated by inexperienced uniformed officers because of a shortage of detectives, the police watchdog has said.’
BBC News, 2nd May 2019
Source: www.bbc.co.uk
Police drivers to get increased protection from prosecution over fatal crashes under proposed law – The Independent
‘Police drivers involved in fatal crashes will be given increased protection from prosecution under a new law proposed by the government.’
Full Home Office press release
The Independent, 2nd May 2019
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Air Quality (Taxis and Private Hire Vehicles Database) (England and Wales) Regulations 2019
The Legal Aid (Financial Resources and Contribution Orders) (Amendment) Regulations 2019
The Marine Licensing (Exempted Activities) (Amendment) Order 2019
The Value Added Tax (Section 55A) (Specified Services and Excepted Supplies) Order 2019
The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2019
The Civil Courts (Amendment) Order 2019
Source: www.legislation.gov.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Hanbury & Anor v Hugh James Solicitors (a firm) [2019] EWHC 1074 (QB) (30 April 2019)
Lackey v Mallorca Mega Resorts SL & Anor [2019] EWHC 1028 (QB) (30 April 2019)
Source: www.bailii.org
No necessity to arrest where person voluntarily attended police station – UK Police Law Blog
‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’
UK Police Law Blog, 30th April 2019
Source: ukpolicelawblog.com
Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedings – UK Human Rights Blog
‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’
UK Human Rights Blog, 30th April 2019
Source: ukhumanrightsblog.com
Leading firm held liable for asbestos case blunder – Legal Futures
‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’
Legal Futures, 1st May 2019
Source: www.legalfutures.co.uk
Address by Mr Justice Mostyn to the Hong Kong Family Law Association – Courts and Tribunals Judiciary
‘An analysis of the exercise of judicial discretion in the Family Law sphere. Address by Mr Justice Mostyn to the Hong Kong Family Law Association, British Consulate-General, Hong Kong 25 April 2019.’
Courts and Tribunals Judiciary, 26th April 2019
Source: www.judiciary.uk
‘Fresh eyes’ no explanation for late amendment, rules High Court – Law Society’s Gazette
‘A High Court judge has refused a party permission to make significant amendments to their claim on the eve of the case coming to trial.’
Law Society's Gazette, 30th April 2019
Source: www.lawgazette.co.uk
Private Lives and Public Sorrows – Family Law Week
‘Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act.’
Family Law Week, 30th April 2019
Source: www.familylawweek.co.uk
