BAILII: recent Decisions

Posted December 7th, 2018 in law reports by sally

Supreme Court

London Borough of Southwark & Anor v Transport for London [2018] UKSC 63 (5 December 2018)

Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA [2018] UKSC 61 (5 December 2018)

S Franses Limited v The Cavendish Hotel (London) Ltd [2018] UKSC 62 (5 December 2018)

Court of Appeal (Civil Division)

M (A Child) (Secure Accommodation) [2018] EWCA Civ 2707 (06 December 2018)

Alibkhiet v London Borough of Brent v City of Westminster [2018] EWCA Civ 2742 (06 December 2018)

SR (A Child), Re [2018] EWCA Civ 2738 (06 December 2018)

Hopkinson & Ors v Towergate Financial (Group) Ltd & Ors [2018] EWCA Civ 2744 (06 December 2018)

AM (Iran) v Secretary of State for the Home Department [2018] EWCA Civ 2706 (06 December 2018)

Cadbury UK Ltd v The Comptroller General of Patents Designs And Trade Marks [2018] EWCA Civ 2715 (05 December 2018)

Court of Appeal (Criminal Division)

Roberts & Ors v R [2018] EWCA Crim 2739 (06 December 2018)

High Court (Administrative Court)

CL, R (on the application of) v The Secretary of State for the Home Department [2018] EWHC 3333 (Admin) (06 December 2018)

High Court (Chancery Division)

Lloyds Banking Group Pensions Trustees Ltd v Lloyds Bank Plc & Ors [2018] EWHC 3343 (Ch) (06 December 2018)

Gill & Anor v Brar & Anor [2018] EWHC 3334 (Ch) (06 December 2018)

High Court (Family Division)

C (a Child), Re [2018] EWHC 3332 (Fam) (06 December 2018)

Source: www.bailii.org

Leading firm left with court fees budget after late service – Litigation Futures

Posted December 7th, 2018 in budgets, case management, costs, fees, indemnities, law firms, news, sanctions, service by sally

‘A leading national law firm that served its budget late has failed in an application for relief from sanctions only made on the day of the case and costs management conference (CCMC).’

Full Story

Litigation Futures, 7th December 2018

Source: www.litigationfutures.com

Speech by Mrs Justice Cheema-Grubb DBE – Courts and Tribunals Judiciary

Posted December 7th, 2018 in criminal justice, speeches by sally

‘Speech by Mrs Justice Cheema-Grubb DBE.’

Full speech

Courts and Tribunals Judiciary, 6th December 2018

Source: www.judiciary.uk

Speech by Sir Ernest Ryder: First International Forum on Online Courts – Courts and Tribunals Judiciary

Posted December 7th, 2018 in artificial intelligence, courts, electronic filing, internet, live link evidence, speeches by sally

‘Speech by Sir Ernest Ryder: First International Forum on Online Courts.’

Full speech

Courts and Tribunals Judiciary, 6th December 2018

Source: www.judiciary.gov

BSB seeks views on how to recover costs for overseeing new Bar training rules – Bar Standards Board

Posted December 7th, 2018 in barristers, consultations, costs, fees, legal education, press releases, pupillage by sally

‘The Bar Standards Board (BSB) has today launched a consultation seeking views on the charging model it proposes to introduce for organisations providing Bar training. These organisations are known as Authorised Education and Training Organisations (AETOs).’

Full press release

Bar Standards Board, 6th December 2018

Source: www.barstandardsboard.org

Government-commissioned review recommends legal aid for bereaved families – Law Society’s Gazette

Posted December 7th, 2018 in bereavement, bills, detention, families, legal aid, legal representation, mental health, news, suicide, violence by sally

‘The government has announced that it will introduce a new mental health bill following today’s publication of the findings of an independent review into the Mental Health Act 1983. However it is silent on the review’s recommendation that bereaved families should receive non-means tested legal aid – despite already pledging to accept two other recommendations.’

Full Story

Law Society's Gazette, 6th December 2018

Source: www.lawgazette.co.uk

Home Office unlawfully removed child asylum seeker from UK, High Court rules – The Independent

Posted December 7th, 2018 in asylum, children, deportation, EC law, government departments, immigration, news, notification by sally

‘The Home Office unlawfully removed a child asylum seeker from the UK and has been ordered to arrange his return in a landmark High Court ruling.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk

Two Tesco directors cleared of fraud as judge labels case ‘weak’ – The Guardian

Posted December 7th, 2018 in fraud, judges, juries, news, Serious Fraud Office by sally

‘Two former Tesco executives accused of masterminding a fraud that triggered the biggest financial crisis in the supermarket chain’s 100-year history have been cleared after the judge threw out the case stating the prosecution case was “so weak” it should not be before a jury.’

Full Story

The Guardian, 6th December 2018

Source: www.theguardian.com

‘Sexting’ allegations made against teenage boy will remain on file until he is 100 – despite no conviction – Daily Telegraph

Posted December 7th, 2018 in children, criminal records, disclosure, news, privacy, public interest, sexual offences, telecommunications by sally

‘Allegations made against a teenage boy that he ‘sexted’ girls at his school could remain on his police file until he is 100 – even though he was never convicted of any offence. The boy, known only as CL, lost a High Court legal bid to force the police to delete the details of the case.’

Full Story

Daily Telegraph, 6th December 2018

Source: www.telegraph.co.uk

Police to stop passing on immigration status of crime victims – The Guardian

Posted December 7th, 2018 in codes of practice, data protection, deportation, immigration, news, police, victims by sally

‘Police will cease to automatically pass information about people suspected of being in the country illegally to deportation authorities if they come forward as victims of crime, according to a new policy hammered out in the wake of the Windrush scandal, the Guardian has learned.’

Full Story

The Guardian, 6th December 2018

Source: www.theguardian.com

More than 40 drug driving convictions overturned in probe over ‘data manipulation’ at forensics lab – The Independent

Posted December 7th, 2018 in delay, driving licences, drug offences, evidence, forensic science, news, perverting the course of justice by sally

‘More than 40 drug driving prosecutions have so far been quashed over the manipulation of data at a forensics laboratory charged with testing samples from across the UK.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk

‘Catfish’ rapist who blackmailed victims he met online is jailed for 15 years – Daily Telegraph

Posted December 7th, 2018 in blackmail, delay, indecent photographs of children, internet, news, rape, recidivists, rehabilitation, sexual offences, suspended sentences by sally

‘A “predatory sex offender” who was spared jail after blackmailing a girl he met online went on to rape a woman after his rehabilitation course was delayed due to “financial constraints,” a court has heard.’

Full Story

Daily Telegraph, 6th December 2018

Source: www.telegraph.co.uk

Hillsborough police chief to face 95 manslaughter charges after judge rejects bid to halt prosecution – The Independent

Posted December 7th, 2018 in health & safety, homicide, misfeasance in public office, negligence, news, police, prosecutions, sport, unlawful killing by sally

‘The former chief superintendent of South Yorkshire Police is to stand trial for the manslaughter of 95 fans at Hillsborough after an attempt to halt the case failed.’

Full Story

The Independent, 6th December 2018

Source: www.independent.co.uk

Former trustees of MA 1985 (formerly Muslim Aid) criticised after investigation finds serious mismanagement – Charity Commission

Posted December 7th, 2018 in charities, Charity Commission, conflict of interest, inquiries, press releases, professional conduct by sally

‘The Charity Commission has found serious mismanagement on the part of the former board of trustees of MA 1985 (formerly Muslim Aid), as set out in an inquiry report published today.’

Full press release

Charity Commission, 6th December 2018

source: www.gov.uk/government/organisations/charity-commission

Law Society’s £30m cut of practising fees faces scrutiny – Legal Futures

Posted December 6th, 2018 in fees, Law Society, Legal Services Board, news, solicitors by sally

‘The £30m that the Law Society levies on solicitors for its representative work is to be put under the microscope by the Legal Services Board (LSB) next year.’

Full Story

Legal Futures, 6th December 2018

Source: www.legalfutures.co.uk

Police, military and courts lagging decades behind on ethnic diversity – The Guardian

Posted December 6th, 2018 in armed forces, diversity, judiciary, minorities, news, police by sally

‘Some of the groups wielding the most power in British society, such as the police, the judiciary and the military, are decades away from becoming as ethnically diverse as the population they serve, Guardian analysis has found.’

Full Story

The Guardian, 5th December 2018

Source: www.theguardian.com

Court service call centres “improving justice”, says minister – Litigation Futures

Posted December 6th, 2018 in bills, civil justice, courts, criminal justice, judiciary, news by sally

‘Justice minister Lucy Frazer has defended the role of call centres in the justice system during the committee stage of the Courts and Tribunals (Judiciary and Functions of Staff) Bill.’

Full Story

Litigation Futures, 6th December 2018

Source: www.litigationfutures.com

Websites banned from holding ‘fake countdown’ sales by ASA amid fears they are fuelling fast fashion – Daily Telegraph

Posted December 6th, 2018 in advertising, internet, news by sally

‘Websites have been banned from holding ‘fake countdown sales’ by the Advertising Standards Authority amid fears the ‘psychological tool’ is fuelling fast fashion.’

Full Story

Daily Telegraph, 5th December 2018

Source: www.telegraph.co.uk

Councils lose Supreme Court battle with TfL over vesting of highway – Local Government Lawyer

Posted December 6th, 2018 in local government, London, news, roads, Supreme Court, transport by sally

‘Southwark Council and the City of London Corporation have lost a Supreme Court case with Transport for London over the vesting of highways.’

Full Story

Local Government Lawyer, 5th December 2018

Source: www.localgovernmentlawyer.co.uk

Ep. 56: Psychiatric harm and childbirth – Law Pod UK

Posted December 6th, 2018 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘Emma-Louise Fenelon talks with 1 Crown Office Row’s Suzanne Lambert about a recent High Court decision – YAH v Medway NHS Foundation Trust which addressed the issue of claims brought as a result of psychiatric harm arising out of childbirth.’

Full Story

Law Pod UK, 3rd December 2018

Source: audioboom.com