BAILII: Recent Decisions

Posted December 20th, 2018 in law reports by sally

Court of Appeal (Civil Division)

C (Children) (Abduction: Article 13 (B)) [2018] EWCA Civ 2834 (20 December 2018)

McAtee, R (On the Application Of) v The Secretary of State for Justice [2018] EWCA Civ 2851 (20 December 2018)

Kotuk v Entry Clearance Officer, Warsaw [2018] EWCA Civ 2850 (20 December 2018)

CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group [2018] EWCA Civ 2852 (20 December 2018)

Singh v Secretary of State for the Home Department [2018] EWCA Civ 2861 (20 December 2018)

Jennifer Shepherd (On Behalf of 999 Call for the NHS), R (On the Application Of) v (1) NHS Calderdale Clinical Commissioning Group (2) Monitor [2018] EWCA Civ 2849 (20 December 2018)

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2839 (19 December 2018)

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 (19 December 2018)

Uber BV (“UBV”) & Ors v Aslam & Ors [2018] EWCA Civ 2748 (19 December 2018)

TN (Vietnam) & Anor, R (On the Application of) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2838 (19 December 2018)

High Court (Administrative Court)

Slade & Anor, R (On the Application Of) v HM Attorney General Of England And Wales [2018] EWHC 3573 (Admin) (20 December 2018)

AR, R (on the application of) v London Borough of Hammersmith and Fulham [2018] EWHC 3453 (Admin) (19 December 2018)

TN (Vietnam) & Anor, R (On the Application of) v Secretary of State for the Home Department & Anor [2018] EWHC 3546 (Admin) (19 December 2018)

Shmatko v The Russian Federation [2018] EWHC 3534 (Admin) (19 December 2018)

Mohamed, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 3547 (Admin) (19 December 2018)

Malik & Ors v Public Prosecutors Office in Augsberg, Germany [2018] EWHC 3479 (Admin) (19 December 2018)

High Court (Chancery Division)

Sleight v The Crown Estate Commissioners [2018] EWHC 3489 (Ch) (19 December 2018)

High Court (Commercial Court)

Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anor [2018] EWHC 3496 (Comm) (20 December 2018)

High Court (Queen’s Bench Division)

Lacey v Leonard [2018] EWHC 3528 (QB) (20 December 2018)

Gerber v The Commissioner of Police of the Metropolis [2018] EWHC 3549 (QB) (19 December 2018)

Kalma & Ors v African Minerals Ltd & Ors [2018] EWHC 3506 (QB) (19 December 2018)

Monir v Wood [2018] EWHC 3525 (QB) (19 December 2018)

High Court (Technology and Construction Court)

Skymist Holdings Ltd v Grandlane Developments Ltd [2018] EWHC 3504 (TCC) (19 December 2018)

Source: www.bailii.org

Inadequate risk assessment leads to liability being established: Chisolm -v- Hankins considered – Zenith PI

Posted December 20th, 2018 in duty of care, health & safety, news, statutory duty by sally

‘In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer. The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013.’

Full Story

Zenith PI, 18th December 2018

Source: zenithpi.wordpress.com

Trio of justice bills become law – Ministry of Justice

Posted December 20th, 2018 in bills, compensation, courts, judiciary, personal injuries, press releases, prisons by sally

‘Justice Secretary David Gauke today spoke of his pride in a department “delivering real change”, after 3 important justice bills all became law on the same day (20 December 2018).’

Full press release

Ministry of Justice, 20th December 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Home Secretary announces new skills-based immigration system – Home Office

Posted December 20th, 2018 in bills, brexit, EC law, freedom of movement, immigration, news by sally

‘The Home Secretary announces a new route for skilled workers, strengthened border security and an end to free movement as part of a new immigration system.’

Full Story

Home Office, 19th December 2018

Source: www.gov.uk

Who gets the children at Christmas? – Family Law

Posted December 20th, 2018 in children, custody, divorce, families, holidays, news by sally

‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’

Full Story

Family Law, 19th December 2018

Source: www.familylaw.co.uk

Boost for litigators as court approves 78% costs budget rise – Law Society’s Gazette

Posted December 20th, 2018 in budgets, costs, disclosure, news by sally

‘The High Court has approved an upwardly revised costs budget after finding that extra disclosure demands constituted a ‘significant development’ in the case. Master Davison approved the increase in Al-Najar & Ors v The Cumberland Hotel (London) after lawyers acting for the claimants were given double the number of documents they had been expecting.’

Full Story

Law Society's Gazette, 20th December 2018

Source: www.lawgazette.co.uk

Woman left infertile after NHS failed to detect cancer for four years awarded £580k to cover surrogacy costs – Daily Telegraph

Posted December 20th, 2018 in cancer, damages, hospitals, negligence, news, surrogacy by sally

‘A young woman left infertile because her cervical cancer was not spotted for more than four years has been awarded the costs of having surrogate children in America by the Court of Appeal.’

Full Story

Daily Telegraph, 19th December 2018

Source: www.telegraph.co.uk

Man jailed for five years after homemade bombs found at Bristol home – The Guardian

Posted December 20th, 2018 in explosives, news, sentencing by sally

‘A man who had expressed extreme rightwing views has been jailed for five years after police found an arsenal of weapons including homemade bombs at his suburban home.’

Full Story

The Guardian, 19th December 2018

Source: www.theguardian.com

Women being forced to sign gagging clauses which stop them talking to their doctor, MPs hear – Daily Telegraph

Posted December 20th, 2018 in disclosure, employment, harassment, news, non-disclosure agreements, women by sally

‘Women are being forced into signing into signing controversial gagging orders which are so strict they ban them from speaking to their doctor about their experiences, MPs have been told.’

Full Story

Daily Telegraph, 19th December 2018

Source: www.telegraph.co.uk

Parents to take government to High Court over special needs funding cuts – The Independent

Posted December 20th, 2018 in disabled persons, education, judicial review, news, special educational needs by sally

‘A group of parents are taking the government to court over its lack of special educational needs and disabilities (SEND) funding which they say leave “thousands of children across the country in limbo”.

Full Story

The Independent, 19th December 2018

Source: www.independent.co.uk

Judges reject MoJ plans for trials by video link and warn against cuts – The Guardian

Posted December 20th, 2018 in budgets, courts, judiciary, live link evidence, Ministry of Justice, news, remote hearings by sally

‘Judges have rejected radical Ministry of Justice plans to hold full trials via remote video hearings and warned that imposing deep cuts on staff numbers will render the courts system “unworkable”.

Full Story

The Guardian, 20th December 2018

Source: www.theguardian.com

Home Office criticised for deleting records on death of detainee – The Guardian

Posted December 20th, 2018 in coroners, death in custody, detention, immigration, news, statistics by sally

‘A coroner has accused the Home Office of “manipulating statistics” relating to deaths in immigration detention after it emerged that some records relating to the death of a detainee had been deleted.’

Full Story

The Guardian, 20th December 2018

Source: www.theguardian.com

Uber loses latest legal bid over driver rights – BBC News

Posted December 20th, 2018 in holiday pay, minimum wage, news, self-employment, taxis by sally

‘Uber has lost an appeal against a ruling that its drivers should be treated as workers rather than self-employed.’

Full Story

BBC News, 19th December 2018

Source: www.bbc.co.uk

Police trawls of rape victims’ private data to be investigated – The Guardian

Posted December 20th, 2018 in data protection, news, police, privacy, rape, victims by sally

‘UK watchdog inquiry into possible routine breaching of privacy and data regulations.’

Full Story

The Guardian, 20th December 2018

Source: www.theguardian.com

“Cruel” solicitor jailed for stealing from severely injured clients – Legal Futures

Posted December 19th, 2018 in compensation, costs, damages, disciplinary procedures, news, professional conduct, sentencing, solicitors, theft by sally

‘A struck-off solicitor who admitted stealing more than £700,000 from two vulnerable people while in practice has been jailed for four years.’

Full Story

Legal Futures, 19th December 2018

Source: www.legalfutures.co.uk

Laughing gas laws not working, says ex-chief crown prosecutor – BBC News

Posted December 19th, 2018 in drug offences, news, sale of goods by sally

‘The law governing the sale of nitrous oxide, widely known as laughing gas, is simply not working, a former senior prosecutor has said.’

Full Story

BBC News, 19th December 2018

Source: www.bbc.co.uk

Aristocrat loses court battle for family estate – Daily Telegraph

Posted December 19th, 2018 in appeals, divorce, news, peerages & dignities by sally

‘An aristocrat today lost a court battle with his mother over ownership of his family’s 3,000-acre estate after a judge dismissed his claim it was promised to him as inheritance.’

Full Story

Daily Telegraph, 18th December 2018

Source: www.telegraph.co.uk

Alleged fraudster who promised pensioners he could protect their heirs’ inheritance jailed – Daily Telegraph

Posted December 19th, 2018 in damages, elderly, fraud, news, sentencing by sally

‘An alleged fraudster who promised pensioners he could protect their heirs’ inheritance has been jailed for failing to track down £25 million believed to have gone missing.’

Full Story

Daily Telegraph, 18th December 2018

Source: www.telegraph.co.uk

Immigration: White Paper sets out post-Brexit rules for migrants – BBC News

Posted December 19th, 2018 in brexit, freedom of movement, immigration, news, remuneration, visas by sally

‘Low-skilled workers from EU countries will no longer have the automatic right to work in the UK after Brexit, under proposed new immigration rules.’

Full Story

BBC News, 19th December 2018

Source: www.bbc.co.uk

Kingsley Burrell family call for inquiry after sacking of police officer – The Guardian

Posted December 19th, 2018 in causing death of children or vulnerable adults, deceit, detention, duty of care, inquests, inquiries, mental health, news, police, restraint by sally

‘The family of Kingsley Burrell, who died in police custody in 2011, have renewed their calls for a public inquiry after one of the officers involved was sacked for lying about the events leading to the death, as well as failing in his duty of care.’

Full Story

The Guardian, 18th December 2018

Source: www.theguardian.com