BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hare Wines Ltd v Kaur & Anor [2019] EWCA Civ 216 (22 February 2019)
High Court (Administrative Court)
Siwak v Prosecutor General’s Office, Poland [2019] EWHC 333 (Admin) (25 February 2019)
Dziel v District Court In Bydgoszcz, Poland [2019] EWHC 351 (Admin) (25 February 2019)
High Court (Commercial Court)
Pipia v BGEO Group Ltd [2019] EWHC 325 (Comm) (22 February 2019)
High Court (Queen’s Bench Division)
Price v Watkins [2019] EWHC 375 (QB) (22 February 2019)
Source: www.bailii.org
Hizballah to be banned alongside other terrorist organisations – Home Office
‘Hizballah, Ansaroul Islam and Jamaat Nusrat al-Islam Wal-Muslimin (JNIM) are set to be banned following their proscription as terrorist organisations.’
Home Office, 25th February 2019
Source: www.gov.uk/home-office
New Independent Anti-Slavery Commissioner announced – Home Office
‘Sara Thornton to take up role to help combat modern slavery.’
Home Office, 22nd February 2019
Source: www.gov.uk/home-office
Spousal maintenance orders: a meal ticket for life? – Family Law
‘According to Sara Hunt, a knowledge lawyer at Farrer & co, the recent decision of the Supreme Court in Mills v Mills has highlighted the current debate regarding spousal maintenance in England and Wales. Press headlines have focused on the apparent “meal ticket for life” that such orders are said to provide.’
Family Law, 25th February 2019
Source: www.familylaw.co.uk
Lords urged to hurry through legislation cracking down on ‘cowboy’ parking firms as it emerges DVLA will share details of 7m drivers this year – Daily Telegraph
‘The House of Lords has been urged to hurry through legislation that will crack down on “cowboy” private parking firms, as it emerged that seven million drivers will have their personal details shared by the DVLA this year.’
Daily Telegraph, 24th February 2019
Source: www.telegraph.co.uk
‘MI6 conman’ Mark Acklom extradited to UK after years on the run – Daily Telegraph
‘One of Britain’s most wanted fugitives has been extradited from Switzerland to the UK.’
Daily Telegraph , 22nd February 2019
Source: www.telegraph.co.uk
Birmingham pub bombings: Inquests into 1974 deaths to resume – BBC News
‘Inquests for the 21 victims of the Birmingham pub bombings are set to reopen later after a long legal fight by families.’
BBC News, 25th February 2019
Source: www.bbc.co.uk
Abolishing short prison sentences will let ‘thousands of hardened criminals avoid jail’, report claims – The Independent
‘Ministers’ calls for short prison sentences to be abolished would see thousands of hardened criminals avoid jail, a report has claimed.’
The Independent, 25th February 2019
Source: www.independent.co.uk
Police force ‘discriminated against white heterosexual male’ – BBC News
‘A police force which rejected a “well prepared” potential recruit because he is a white, heterosexual male has been found guilty of discrimination.’
BBC News, 22nd February 2019
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Small Charitable Donations Act (Amendment) Order 2019
The Long-term Investment Funds (Amendment) (EU Exit) Regulations 2019
The Venture Capital Funds (Amendment) (EU Exit) Regulations 2019
The Alternative Investment Fund Managers (Amendment etc.) (EU Exit) Regulations 2019
The Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019
The Air Services (Competition) (Amendment) (EU Exit) Regulations 2019
The Ship and Port Security (Amendment etc.) (EU Exit) Regulations 2019
The Equality (Amendment and Revocation) (EU Exit) Regulations 2019
The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2019
The Social Entrepreneurship Funds (Amendment) (EU Exit) Regulations 2019
The Employment Rights (Increase of Limits) Order 2019
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Rittson-Thomas & Ors v Oxfordshire County Council [2019] EWCA Civ 200 (21 February 2019)
AS (Afghanistan) v Secretary of State for the Home Department [2019] EWCA Civ 208 (21 February 2019)
Elite Property Holdings Ltd & Anor v Barclays Bank Plc [2019] EWCA Civ 204 (21 February 2019)
Omar & Ors v The Secretary of State for the Home Department [2019] EWCA Civ 207 (21 February 2019)
Y and E (Children) (Sexual Abuse Allegations), Re [2019] EWCA Civ 206 (21 February 2019)
High Court (Administrative Court)
McNutt v Transport for London [2019] EWHC 365 (Admin) (21 February 2019)
LW & Ors v Sodexo Ltd & Anor [2019] EWHC 367 (Admin) (20 February 2019)
High Court (Chancery Division)
Ninian v Findlay & Ors [2019] EWHC 297 (Ch) (21 February 2019)
High Court (Commercial Court)
The Beans Group Ltd v Myunidays Ltd [2019] EWHC 320 (Comm) (21 February 2019)
The Federal Republic of Nigeria v JP Morgan Chase Bank, NA [2019] EWHC 347 (Comm) (21 February 2019)
Playboy Club London Ltd v Banca Nazionale Del Lavora SPA [2019] EWHC 303 (Comm) (21 February 2019)
High Court (Queen’s Bench Division)
Atlantica Holdings, Inc & Anor v Sovereign Wealth Fund & Ors [2019] EWHC 319 (QB) (21 February 2019)
KD v Gaisford [2019] EWHC 339 (QB) (20 February 2019)
Source: www.bailii.org
“Comprehensive and historical” safeguarding review – Salisbury Diocese – Law & Religion UK
‘The Diocese of Salisbury has begun a pioneering safeguarding review – one that will include piloting the next stage of Past Case Reviews for the whole of the Church of England.’
Law & Religion UK, 19th February 2019
Source: www.lawandreligionuk.com
No release from gas – Nearly Legal
‘Trecarrel House Limited v Rouncefield, County Court at Exeter, 13 February 2019. The gas safety certificate section 21 wars rumble on. Following Caridon Property Ltd v Monty Shooltz (our note here), we have a further County Court appeal decision. This time from Exeter and concerning s.36(7) of the 1998 Gas Safety Regulations.’
Nearly Legal, 19th February 2019
Source: nearlylegal.co.uk
GDPR codes must meet admissibility requirements – OUT-LAW.com
‘Trade bodies considering drawing up new codes of conduct to govern data privacy practices in their sector will be required to meet admissibility requirements before those codes will be assessed for their compliance with the General Data Protection Regulation (GDPR), a data protection watchdog has said.’
out-LAW.com, 21st February 2019
Source: www.out-law.com
Time bars under FIDIC 2017 – are more notices the answer? – Practical Law: Construction Blog
‘Construction and engineering contracts often contain provisions specifying that, within a particular time, one party (traditionally the contractor) must notify the other (the employer and/or the contract administrator) of a claim or the likelihood that it might advance a claim. Sometimes these “time-bar” notice provisions are elevated beyond being merely an obligation, to the status of a condition precedent to being able to pursue a successful claim. If such provisions are enforceable, they can be severe: a failure to serve the required notice in the required timescale will be fatal, regardless of the merits of the underlying claim. A well-known example of such a provision is found in clause 20.1 of the 1999 FIDIC contracts.’
Practical Law: Construction Blog, 20th February 2019
Exaggeration not necessarily fundamental dishonesty – Zenith PI
‘Spencer Smith v Ashwell Maintenance Limited (Leicester County Court, 21/1/2019) – claimant who was found to have exaggerated and overstated his difficulties not fundamentally dishonest on the basis that his motive was to convince rather than to deceive.’
Zenith PI, 21st February 2019
Source: zenithpi.wordpress.com
Judge rejects bid to exit shorter trial scheme – Litigation Futures
‘A judge has refused a party’s application to remove their case from the shorter trial scheme.’
Litigation Futures, 22nd February 2019
Source: www.litigationfutures.com
