Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian
‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’
The Guardian, 12th November 2018
Source: www.theguardian.com
Ministers will not scrap ‘reasonable grounds’ stop and search rule – The Guardian
‘The government has ruled out changing stop and search rules to allow police to use the power without reasonable grounds to suspect wrongdoing, while saying they want to “reduce bureaucracy” over such operations.’
The Guardian, 12th November 2018
Source: www.theguardian.com
Former UBS trader Kweku Adoboli could be deported to Ghana – The Guardian
‘The convicted former UBS trader Kweku Adoboli has been arrested and could be deported to Ghana in the next few days, he has said.’
The Guardian, 12th November 2018
Source: www.theguardian.com
Service charge claims – paying trial fees and concurrent jurisdiction – Nearly Legal
‘Hyslop v 38/41 CHG Residents Company Ltd QBD 05/11/2018. CHG were the freeholder of a property with various leasehold flats. The FTT had determined that Ms Hyslop and other leaseholders owed CHG certain service charges. H applied to the Upper Tribunal for permission to appeal out of time and this was granted. However CHG then brought a claim in the county court against H for non payment of service charges over a five year period.’
Nearly Legal, 8th November 2018
Source: nearlylegal.co.uk
Who needs a wall anyway? Unfit to occupy and risk of collapse – Nearly Legal
‘Or, the significance of tenancy agreement clauses.’
Nearly Legal, 8th November 2018
Source: nearlylegal.co.uk
High Court: administrator appointment can be simultaneous with court notice – OUT-LAW.com
‘The High Court in England has confirmed that the industry standard wording used in the notice of appointment does not invalidate the appointment of the administrators. The same practice had previously been called into question in a case involving NJM Clothing.’
OUT-LAW.com, 12th November 2018
Source: www.out-law.com
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Commercial Court)
Gruber & Ors v AIG Management France, SA & Ors [2018] EWHC 3030 (Comm) (09 November 2018)
High Court (Family Division)
NN v AS & Ors [2018] EWHC 2973 (Fam) (06 November 2018)
High Court (Queen’s Bench Division)
Pal v Commissioner of the Police for the Metropolis [2018] EWHC 2988 (QB) (09 November 2018)
Taylo v Fascia Future Ltd [2018] EWHC 3049 (QB) (09 November 2018)
Source: www.bailii.org
Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part Two – UKSC Blog
‘(ii) Undue Harshness
Next, the court opined that the structure of s 117C was difficult to follow as it begins by asad-khanstressing that deporting foreign criminals is in the public interest; which increases with the seriousness of the offending. The unimpressive drafting led Lord Carnwath to observe that rather than expressly indicating “how or at what stage of the process those general rules are to be given effect,” s 117C is instead devoted to rules for two types of foreign criminals and two exceptions.’
UKSC Blog, 9th November 2018
Source: ukscblog.com
Case Comment: KO (Nigeria) & Ors v Secretary of State for the Home Department [2018] UKSC 53 Part One – UKSC Blog
‘The Supreme Court unanimously dismissed these appeals. But thankfully Lord Carnwath’s meticulous judgment clarified wide-ranging misconceptions in the courts below regarding the correct interpretation of the Nationality, Immigration and Asylum Act 2002 (as amended), Part 5A, ss 117A to 117D. Centrally, s 117D(1) defines a “qualifying child” as someone under the age of 18 who is either a British citizen or has lived in the UK for a continuous period of seven years or more. Despite the controversial nature and history of these cases, Lord Carnwath’s short but robust judgment concentrates on simplicity because the novel statutory scheme aims “to produce a straightforward set of rules” on ECHR, art 8 and public interest considerations.’
UKSC Blog, 9th November 2018
Source: ukscblog.com
Owner of unauthorised scrap yard hit for £200k in fines, costs and confiscation – Local Government Lawyer
‘The owner of an unauthorised scrap yard in South Staffordshire was last month fined £24,000 and ordered to pay court costs of £28,280 at Birmingham Crown Court.’
Local Government Lawyer, 12th November 2018
Source: www.localgovernmentlawyer.co.uk
Speech by Lord Justice McFarlane: Bond Solon Experts Conference 2018 – Courts and Tribunals Judiciary
‘As a family judge, and now the judge responsible for the family justice system throughout England and Wales, I am very pleased to be able to address this conference and to take the opportunity to say something about the role of experts in family proceedings, the role of experts more generally before concluding, on a topic which may be of general interest to each of you, by saying something about the radical changes which are currently being developed and implemented in every court and tribunal and in every area of jurisdiction, be it criminal, civil or family law.’
Courts and Tribunals Judiciary, 9th November 2018
Source: www.judiciary.gov.uk
MoJ sets minimum standards to improve probation performance – Law Society’s Gazette
‘The government expects probation providers to offer monthly face-to-face meetings with offenders during the first year of supervision, the lord chancellor has told MPs concerned about the government’s approach to rehabilitation.’
Law Society's Gazette, 9th November 2018
Source: www.lawgazette.co.uk
Woman’s faulty bed sex fall claim rejected at High Court – BBC News
‘A woman left paralysed after being “catapulted” from her new bed during sex has lost a seven-figure damages claim.’
BBC News, 9th November 2018
Source: www.bbc.co.uk
Burglar jailed after being found asleep and cradling stolen jewellery in his arms – The Independent
‘A burglar who was found fast asleep cradling stolen jewellery in his arms, has been jailed.’
The Independent, 10th November 2018
Source: www.independent.co.uk
HMP Birmingham: ‘Signs of improvement’ at ‘worst’ prison – BBC News
‘A troubled prison that was taken over by the government is showing early signs of improvement, inspectors say.’
BBC News, 12th November 2018
Source: www.bbc.co.uk
Final salary pension transfers stall as High Court throws rules into doubt – Daily Telegraph
‘People who attempt to swap final salary company pensions for cash are being left in limbo following a controversial legal judgment.’
Daily Telegraph, 12th November 2018
Source: www.telegraph.co.uk
Man who tricked straight men into sex by posing as woman on Tinder jailed – The Independent
‘A man who posed as a woman online to trick would-be suitors into blindfolded sexual encounters at his flat has been jailed.’
The Independent, 10th November 2018
Source: www.independent.co.uk
