Current Awareness – Page 1178 – Legal News selected by the Inner Temple Library

BAILII: Recent Decisions

Posted November 6th, 2018 in law reports by sally

Supreme Court

Dooneen Ltd (t/a McGinness Associates)& Anor v Mond (Scotland) [2018] UKSC 54 (31 October 2018)

Court of Appeal (Civil Division)

Ogiehor v Ogiehor [2018] EWCA Civ 2423 (02 November 2018)

Terry v BCS Corporate Acceptances Ltd & Ors [2018] EWCA Civ 2422 (02 November 2018)

Court of Appeal (Criminal Division)

Aziz & Ors v R [2018] EWCA Crim 2412 (02 November 2018)

E, R v [2018] EWCA Crim 2426 (01 November 2018)

High Court (Administrative Court)

CPRE Surrey & Anor v Waverley Borough Council & Ors [2018] EWHC 2969 (Admin) (05 November 2018)

IO (Nigeria), R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2940 (Admin) (02 November 2018)

Bah, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2942 (Admin) (02 November 2018)

Liral Veget Training And Recruitment Ltd, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) (02 November 2018)

Islam, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 2939 (Admin) (02 November 2018)

Valiati v Director Of Public Prosecutions [2018] EWHC 2908 (Admin) (01 November 2018)

Guerry, R (on the application of) v & Ors [2018] EWHC 2899 (Admin) (01 November 2018)

High Court (Chancery Division)

Noble Group Ltd, Re [2018] EWHC 2911 (Ch) (02 November 2018)

High Court (Commercial Court)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors [2018] EWHC 2929 (Comm) (05 November 2018)

RJ & Anor v HB [2018] EWHC 2958 (Comm) (05 November 2018)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors (Rev 1) [2018] EWHC 2926 (TCC) (02 November 2018)

High Court (Family Division)

Hart v Hart [2018] EWHC 2966 (Fam) (05 November 2018)

High Court (Queen’s Bench Division)

Lysongo v The Foreign and Commonwealth Office & Anor [2018] EWHC 2955 (QB) (05 November 2018)

YAH v Medway NHS Foundation Trust [2018] EWHC 2964 (QB) (05 November 2018)

Birmingham City Council v Amey Birmingham Highways Ltd [2018] EWHC 2875 (QB) (02 November 2018)

Doyle v Smith [2018] EWHC 2935 (QB) (02 November 2018)

Gill v Heer Manak Solicitors [2018] EWHC 2881 (QB) (30 October 2018)

High Court (Technology and Construction Court)

Bombardier Transportation UK Ltd v Hitachi Rail Europe Ltd & Ors [2018] EWHC 2926 (TCC) (02 November 2018)

Source: www.bailii.org

Naomi McLoughlin Discusses the Recent Case of Surrey County Council v Hilliard (2018) – Park Square Barristers

Posted November 5th, 2018 in accidents, appeals, damages, health & safety, local government, news, personal injuries, repairs, roads, standards by sally

‘The legal test in considering a breach of s41 remains to be found in James v Preseli Pembrokeshire DC [1993] PIQR P114 and Jones v Rhondda Cynon Taff CBC [2008] EWCA Civ 1497. Whilst the appellant was successful on the basis two pieces of evidence had not been considered with the correct weight, the lower Court had nonetheless applied the correct legal test.’

Park Square Barristers, 30th October 2018

Source: www.parksquarebarristers.co.uk

Environmental Law Podcast – October 2018 – Six Pump Court

Posted November 5th, 2018 in brexit, climate change, environmental health, environmental protection, news, waste by sally

‘This short update focuses on October’s key legal developments, which this month include environmental permit breaches for Healthcare Environmental Services Ltd concerning the treatment of clinical waste, classifying, labelling and packaging of chemicals post-Brexit, and the government’s request for guidance from the Committee on Climate Change on how to move to zero emissions of greenhouse gases.’

Six Pump Court, 26th October 2018

Source: www.6pumpcourt.co.uk

Nicholas Saunderson v Cambridge Park Court Residents Association Limited [2018] UKUT 182 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, covenants, housing, jurisdiction, landlord & tenant, leases, news, tribunals by sally

‘The Upper Tribunal considered the extent of a tenant’s liability to pay for communal heating when that obligation arose only by an estoppel by convention and, in fact, the tenant’s flat was no longer connected to the communal system.’

Tanfield Chambers, 5th October 201

Source: www.tanfieldchambers.co.uk

Environmental Law News Update – Six Pump Court

Posted November 5th, 2018 in appeals, budgets, climate change, consultations, disclosure, environmental protection, financial regulation, local government, news by sally

‘In this latest Environmental Law News Update, Christopher Badger and Mark Davies consider the environmental implications of yesterday’s Budget, a consultation between the FCA and the PRA on climate change and finance, and a recent case holding that an EIR request was “manifestly unreasonable”.’

Six Pump Court, 30th October 2018

Source: www.6pumpcourt.co.uk

Avon Ground Rents Ltd v Child [2018] UKUT 204 (LC) – Tanfield Chambers

Posted November 5th, 2018 in appeals, costs, county courts, covenants, enforcement, jurisdiction, landlord & tenant, leases, news, rent, tribunals by sally

‘The UT comprised of Holgate J and HHJ Hodge QC (also sitting as County Court judges) gave valuable guidance concerning the importance of judges maintaining jurisdictional clarity and seperation when sitting as both FTT judges and County Court judges under the Residential Property Dispute Deployment Pilot.’

Tanfield Chambers, 5th October 2018

Source: www.tanfieldchambers.co.uk

‘Low-level’ paedophiles could avoid jail terms under new guidance – Daily Telegraph

Posted November 5th, 2018 in child abuse, indecent photographs of children, news, police, recidivists, rehabilitation, sentencing, sexual offences, statistics, suspended sentences by sally

‘Police have been told by government that paedophiles caught with indecent child abuse images can receive conditional cautions instead of jail as police struggle to cope with an explosion of cases.’

Daily Telegraph, 2nd November 2018

Source: www.telegraph.co.uk

A not so short assured shorthold tenancy – Tanfield Chambers

Posted November 5th, 2018 in housing, landlord & tenant, leases, limitations, news, rent by sally

‘The ground rent scandal can give rise to accidental ASTs with unexpected consequences.’

Tanfield Chambers, 18th October 2018

Source: www.tanfieldchambers.co.uk

Supreme Court to hear key case on village greens and public authority land – Local Government Lawyer

Posted November 5th, 2018 in appeals, commons, judicial review, local government, news, Supreme Court by sally

‘The Supreme Court has agreed to hear conjoined cases over village greens, public authority-owned land and the concept of ‘statutory incompatibility’, it has been reported.’

Local Government Lawyer, 5th November 2018

Source: www.localgovernmentlawyer.co.uk

Defendants pay heavy price for refusing to discuss costs – Law Society’s Gazette

Posted November 5th, 2018 in appeals, compensation, costs, indemnities, judges, negligence, news, part 36 offers, professional conduct by sally

‘Defendants in a professional negligence claim who rejected the chance to settle costs have been left nursing a bill at least three times higher than it might have been.’

Law Society's Gazette, 2nd November 2018

Source: www.lawgazette.co.uk

GDPR: the ‘controller v processor’ debate in financial services – OUT-LAW.com

Posted November 5th, 2018 in banking, codes of practice, contracts, data protection, EC law, news, third parties by sally

‘Lessons can be learned in the financial services sector from the rush to update contracts to account for the General Data Protection Regulation (GDPR) taking effect earlier this year.’

OUT-LAW.com, 2nd November 2018

Source: www.out-law.com

Landlords threaten council with legal action over selective licensing plans- Local Government Lawyer

Posted November 5th, 2018 in judicial review, landlord & tenant, licensing, local government, news by sally

‘The Residential Landlords Association (RLA) has threatened Great Yarmouth Borough Council with a judicial review challenge over the local authority’s selective licensing plans.’

Local Government Lawyer, 5th November 2018

Source: www.localgovernmentlawyer.co.uk

Suitability and s.193 accommodation – Nearly Legal

Posted November 5th, 2018 in appeals, children, duty of care, housing, local government, news by sally

‘This was a s.204 appeal of a s.202 review on suitability of temporary accommodation provided to the appellant by Lewisham. This was originally temporary accommodation provided under s.188 Housing Act 1996, but following Lewisham accepting the full housing duty, it became accommodation provided under s.193 HA 1996.’

Nearly Legal, 4th November 2018

Source: nearlylegal.co.uk

The history of The Declaration of the Rights of the Child – OUP Blog

Posted November 5th, 2018 in children, human rights, legal history, news, United Nations by sally

‘Virtually every news cycle seems to feature children as victims of military actions, gun violence, economic injustice, racism, sexism, sexual abuse, hunger, underfunded schools, unbridled commercialism—the list is endless. Each violates our sense of what childhood ought to be and challenges what we believe childhood has always been.’

OUP Blog, 5th November 2018

Source: blog.oup.com

LiP sanctioned for revealing ‘without prejudice’ offer in court – Litigation Futures

Posted November 5th, 2018 in appeals, civil procedure rules, damages, litigants in person, news, personal injuries, without prejudice communications by sally

‘A litigant in person (LiP) who disclosed a ‘without prejudice’ offer during trial had been warned not to and the judge was right to sanction him, the Court of Appeal has ruled.’

Litigation Futures, 5th November 2018

Source: www.litigationfutures.com

NHS forced to pay compensation to 1,200 staff worried they have been infected after needle prick – Daily Telegraph

Posted November 5th, 2018 in accidents, compensation, doctors, health & safety, HIV, hospitals, negligence, news, nurses, personal injuries, statistics by sally

‘More than 1,200 NHS staff have won compensation after being injured by needles potentially infected with HIV or hepatitis over the past six years.’

Daily Telegraph, 3rd November 2018

Source: www.telegraph.co.uk

Children’s sibling relationships ‘at risk’ in case and adoption proceedings – Family Law

Posted November 5th, 2018 in adoption, children, families, news by sally

‘The significance attached to sibling relationships in care and adoption proceedings can be routinely outweighed by other factors, according to a new report funded by the Nuffield Foundation.’

Family Law, 2nd November 2018

Source: www.familylaw.co.uk

Government faces new legal challenge over plans to speed up fracking – The Guardian

Posted November 5th, 2018 in EC law, energy, environmental protection, fracking, local government, news, planning by sally

‘The government is facing a fresh legal challenge to its proposals to fast-track new fracking sites by loosening planning regulations.’

The Guardian, 4th November 2018

Source: www.theguardian.com

Hale urges lawyers to remember pro bono costs orders – Litigation Futures

Posted November 5th, 2018 in costs, judges, news, pro bono work by sally

‘The president of the Supreme Court has urged lawyers acting pro bono to remember to apply for pro bono costs orders in any case where costs would normally be awarded.’

Litigation Futures, November 2018

Source: www.litigationfutures.com

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