Coventry supermarket death crash bus company fined £2.3m – BBC News
‘A bus company that ignored warnings about a driver who crashed into a supermarket, killing two people, has been fined £2.3m.’
BBC News, 27th November 2018
Source: www.bbc.co.uk
Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog
‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’
Practical Law: Construction Blog, 23rd November 2018
A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog
‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’
UK Human Rights Blog, 26th November 2018
Source: ukhumanrightsblog.com
What is ‘substantial injustice’ for the purposes of a criminal case review? – UK Human Rights Blog
‘Sapan Maini-Thompson is an LLM Candidate at University College London. On 14th November 2018 the Divisional Court gave judgment in a claim against the Criminal Cases Review Commission (CCRC) in Regina (Anthony Davies) v The Criminal Cases Review Commission . This case was brought on behalf of a prisoner who contended that his conviction had become unsafe following the decision of the Supreme Court in R v Jogee [2016] UKSC 8 which recast the mens rea requirements in joint enterprise cases. The court dismissed the claim in a judgment which involved analysis of how the principles in Jogee are applied, and the circumstances in which the CCRC should re-open an old conviction. Jim Duffy of 1 Crown Office Row was the Junior Counsel for the Claimant.’
UK Human Rights Blog, 27th November 2018
Source: ukhumanrightsblog.com
The limits of doctors’ liability for wrongful birth – UK Human Rights Blog
‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’
UK Human Rights Blog, 27th November 2018
Source: ukhumanrightsblog.com
Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI
‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’
Zenith PI, 26th November 2018
Source: zenithpi.wordpress.com
Criminal justice statistics – new resource – Sentencing Council
‘We have published a new data resource for academics, researchers and others with an interest in the criminal justice system. Criminal justice statistics pulls together sources for the main, routinely produced statistical publications on crime and justice from the major government departments, including the Ministry of Justice, the Home Office and the Office for National Statistics.’
Sentencing Council, 26th November 2018
London borough secures £450k confiscation over ‘beds in sheds’ – Local Government Lawyer
‘Ealing Council has obtained a confiscation order of nearly £450,000 against a landlord who ignored enforcement notices over ‘beds in sheds’ at one of her rental properties.’
Local Government Lawyer, 26th November 2018
Source: www.localgovernmentlawyer.co.uk
Letters to art experts not covered by litigation privilege – Litigation Futures
‘Letters between Sotheby’s and two art experts concerning the authenticity of an Old Master painting sold for over $11m are not covered by litigation privilege, the High Court has ruled.’
Litigation Futures, 27th November 2018
Source: www.litigationfutures.com
Divorce is not a “blank cheque” for litigation, judge warns – Legal Futures
‘Litigation is not a “blank cheque” and divorcing people cannot behave on the basis that they are bound to be reimbursed for their costs, a leading family law judge has warned.’
Legal Futures, 27th November 2018
Source: www.legalfutures.co.uk
NHS to look into deaths of 100,000 mental health patients a year – The Guardian
‘The NHS is to start investigating the deaths of more than 100,0000 mental health patients a year in a drive to cut the number of fatalities linked to poor care.’
The Guardian, 27th November 2018
Source: www.theguardian.com
Bin lorry driver jailed for schoolgirl’s death – The Guardian
‘A bin lorry driver who killed a 14-year-old girl after pulling on to a treacherous main road without looking and hitting a school minibus has been jailed.’
The Guardian, 26th November 2018
Source: www.theguardian.com
Jailed rapist offered the chance to see his victim’s child – Daily Telegraph
‘A council offered a jailed sex offender the chance to play a part in the future of the child of a woman he raped, it has emerged. The rapist, who was part of a grooming gang in the North of the country and has no parental responsibility for his son, was contacted by the local authority to give him a chance to see the boy, a Times investigation has uncovered.’
Daily Telegraph, 27th November 2018
Source: www.telegraph.co.uk
Police ‘picking up pieces of mental health system’, says watchdog – The Guardian
‘Overstretched police forces are having to “pick up the pieces of a broken mental health system” on top of tackling crime, the emergency services watchdog has found. More than half of all mental health patients who need help in a place of safety are taken there in a police car rather than an ambulance, according to Her Majesty’s Inspectorate of Constabulary, Fire and Rescue Services.’
The Guardian, 27th November 2018
Source: www.theguardian.com
Uber fined after hackers download 2.7 million customers’ data – The Independent
‘Uber has been fined £385,000 for failing to protect customers’ information during a cyber attack, in a “serious breach” of UK data protection law. The Information Commissioners Office (ICO) found Uber was guilty of “a series of avoidable data security flaws” that allowed the personal details of around 2.7million UK customers to be accessed and downloaded by attackers.’
The Independent, 27th November 2018
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Sanctions and Anti-Money Laundering Act 2018 (Commencement No. 1) Regulations 2018
The Freedom of Information (Designation as Public Authority and Amendment) Order 2018
The Climate Change Agreements (Amendment of Agreements) (EU Exit) Regulations 2018
The Nursing and Midwifery Council (Fees) (Amendment) Rules Order of Council 2018
The Police (Amendment) Regulations 2018
The Armed Forces (Aliens) (Amendment) Regulations 2018
The International Road Transport Permits (EU Exit) Regulations 2018
The Trailer Registration Regulations 2018
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Khan v MNX [2018] EWCA Civ 2609 (23 November 2018)
Economou v De Freitas [2018] EWCA Civ 2591 (21 November 2018)
Aspen Underwriting Ltd & Ors v Credit Europe Bank NV [2018] EWCA Civ 2590 (21 November 2018)
Court of Appeal (Criminal Division)
Marchant, R v [2018] EWCA Crim 2606 (23 November 2018)
High Court (Administrative Court)
High Court (Chancery Division)
UBS AG v Rose Capital Ventures Ltd & Ors [2018] EWHC 3137 (Ch) (21 November 2018)
Easygroup Ltd v Easy Fly Express Ltd & Anor [2018] EWHC 3155 (Ch) (21 November 2018 )
High Court (Commercial Court)
Sotheby’s v Mark Weiss Ltd & Ors [2018] EWHC 3179 (Comm) (26 November 2018)
Katara Hospitality v Guez & Anor [2018] EWHC 3063 (Comm) (23 November 2018)
CRS GT Ltd v McLaren Automotive Ltd & Ors [2018] EWHC 3209 (Comm) (23 November 2018)
High Court (Family Division)
Human Fertilisation And Embryology Act 2008 (Case AM), Re [2018] EWHC 3178 (Fam) (23 November 2018)
C v C [2018] EWHC 3186 (Fam) (22 November 2018)
High Court (Queen’s Bench Division)
Mark v Universal Coatings & Services Ltd & Anor [2018] EWHC 3206 (QB) (23 November 2018)
LP v Wye Valley NHS Trust [2018] EWHC 3039 (QB) (22 November 2018)
Kimathi & Ors v The Foreign and Commonwealth Office [2018] EWHC 3144 (QB) (21 November 2018)
Source: www.bailii.org
