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
Report: evidence of Huddersfield grooming ring not followed up – The Guardian
‘Opportunities were lost to tackle one of Britain’s largest grooming rings when information about two vulnerable girls being sexually exploited was not followed up, a review has found.’
The Guardian, 10th June 2019
Source: www.theguardian.com
Father admits stalking his daughter in Leicester – BBC News
‘A father has admitted stalking his daughter after trying to force her into a marriage and keep her from university.’
BBC News, 10th June 2019
Source: www.bbc.co.uk
Police demanded rape victim’s phone and medical records despite identifying attacker by DNA – The Independent
‘Police demanded the mobile phone and personal records of a woman who was raped by a stranger eight years ago – even after identifying her attacker using DNA evidence.’
The Independent, 10th June 2019
Source: www.independent.co.uk
Police identify suspects for possible Grenfell manslaughter charges – The Guardian
‘The police investigation into the Grenfell Tower fire has identified potential suspects for offences of corporate manslaughter and gross negligence manslaughter, Scotland Yard has said. But it said there were no guarantees that criminal charges would be brought over the disaster, whose second anniversary falls this Friday.’
The Guardian, 10th June 2019
Source: www.theguardian.com
Banning orders for 25 fans after Grimsby – Port Vale match – BBC News
‘Twenty-five men have been given football banning orders after violence erupted at a match between Grimsby Town and Port Vale.’
BBC News, 11th June 2019
Source: www.bbc.co.uk
NDAs: MPs call for ban on ‘gagging clauses’ over ‘cover-up’ fears – BBC News
‘MPs have called for a ban on “gagging clauses” used by employers to silence allegations of unlawful discrimination and harassment.’
BBC News, 11th June 2019
Source: www.bbc.co.uk
TalkTalk hacker who blackmailed executives in £77million cyber attack is jailed – Daily Telegraph
‘A “cruel and calculating” cyber criminal who took part in a massive TalkTalk hack and blackmailed former chief executive Dido Harding has been locked up for four years.’
Daily Telegraph, 10th June 2019
Source: www.telegraph.co.uk
Fox cruelty: South Herefordshire Hunt pair found guilty – BBC News
‘Two people have been convicted of animal cruelty after foxes were thrown to hounds at a hunting kennels.’
BBC News, 10th June 2019
Source: www.bbc.co.uk
First High Court guidance on proportionality leads to huge costs cut – Litigation Futures
‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’
Litigation Futures, June 2019
Source: www.litigationfutures.com
Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit? – UK Constitutional Law Association
‘In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit.’
UK Constitutional Law Association, 10th June 2019
Source: ukconstitutionallaw.org
Criminalisation Of Travel To Designated Areas A ‘Serious Abuse Of Civil Liberties’ – Rights Info
‘New counter-terrorism measures which could see people who travel or stay in certain areas overseas jailed for up to 10 years are a “serious abuse of civil liberties”, a campaign group has warned.’
Rights Info, 7th June 2019
Source: rightsinfo.org
Justice system smeared our mother, say Sally Challen’s sons – The Guardian
‘Sally Challen was subjected to a false narrative by a criminal justice system that painted her as “a controlling and jealous lover who planned to kill her husband”, her son has said.’
The Guardian, 8th June 2019
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
AL (Albania) v The Secretary of State for the Home Department [2019] EWCA Civ 950 (10 June 2019)
High Court (Administrative Court)
ZK, R (On the Application Of) v London Borough of Redbridge [2019] EWHC 1450 (Admin) (10 June 2019)
High Court (Chancery Division)
Malmsten v Bohinc [2019] EWHC 1386 (Ch) (07 June 2019)
Dingley & Ors v Nisa Retail Ltd [2019] EWHC 1383 (Ch) (07 June 2019)
High Court (Queen’s Bench Division)
Otuo v Watch Tower Bible And Tract Society of Britain [2019] EWHC 1349 (QB) (07 June 2019)
Auliffe & Ors v Ellis [2019] EWHC 1427 (QB) (07 June 2019)
Bates & Ors v Post Office Ltd (No.5 : Common Issues Costs) [2019] EWHC 1373 (QB) (07 June 2019)
Spicer v The Commissioner of Police of the Metropolis [2019] EWHC 1439 (QB) (07 June 2019)
Source: www.bailii.org
