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
Police ‘hamstrung’ by outdated technology in fight against crime, Cressida Dick warns – The Independent
‘Britain’s most senior police officer has said officers are “hamstrung” by outdated technology while the “bad guys” race ahead. Cressida Dick, commissioner of London’s Metropolitan Police, said the government had repeatedly called on the police service to transform itself and make use of new technology, but failed to provide the national leadership needed to do it.’
The Independent, 11th November 2018
Source: www.independent.co.uk
Police in talks to scrap ‘reasonable grounds’ condition for stop and search – The Guardian
‘Police chiefs want to trigger an expansion of stop and search by lowering the level of suspicion an officer needs against a suspect to use the power, the Guardian has learned.’
The Guardian, 11th November 2018
Source: www.theguardian.com
Information Commissioner called to investigate ‘antiquated and wrong’ demands for rape victims’ records – The Independent
‘Campaigners are demanding a full investigation into “antiquated and wrong” demands for access to rape victims’ mobile phone data and personal records. The Information Commissioner’s Office (ICO) is considering widening an existing probe into the use of claimants’ information, amid claims that prosecutors are making increasingly intrusive demands.’
The Independent, 11th November 2018
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Barnardo’s v Buckinghamshire & Ors [2018] UKSC 55 (7 November 2018)
Court of Appeal (Civil Division)
Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493 (08 November 2018)
JLT Specialty Ltd v Craven [2018] EWCA Civ 2487 (08 November 2018)
S&T (UK) Ltd v Grove Developments Ltd [2018] EWCA Civ 2448 (07 November 2018)
LI v The Secretary of State for the Home Department [2018] EWCA Civ 2411 (07 November 2018)
Ministry of Justice & Anor v Merry [2018] EWCA Civ 2461 (07 November 2018)
Court of Appeal (Criminal Division)
Shirt & Anor v R [2018] EWCA Crim 2486 (08 November 2018)
Johnson v R [2018] EWCA Crim 2485 (08 November 2018)
T, R v [2018] EWCA Crim 2464 (07 November 2018)
High Court (Administrative Court)
Warwickshire County Council v Halfords Autocentres Ltd [2018] EWHC 3007 (Admin) (09 November 2018)
High Court (Chancery Division)
Barker v Confiànce Ltd & Ors [2018] EWHC 2965 (Ch) (08 November 2018)
High Court (Commercial Court)
GPP Big Field LLP & Anor v Solar EPC Solutions SL [2018] EWHC 2866 (Comm) (07 November 2018)
High Court (Queen’s Bench Division)
Price v MGN Ltd [2018] EWHC 3014 (QB) (08 November 2018)
Source: www.bailii.org
Unauthorised works to listed building sees owner ordered to pay £80k – Local Government Lawyer
‘Horsham District Council and Historic England have successfully prosecuted a landowner for unauthorised works to a listed building and scheduled monument.’
Local Government Lawyer, 8th November 2018
Source: www.localgovernmentlawyer.co.uk
Privilege ruling releases two documents and destroys one – Litigation Futures
‘A party’s claim to legal advice privilege over two internal emails has been rejected by the High Court, which has also ordered a privileged document disclosed by mistake destroyed.’
Litigation Futures, 8th November 2018
Source: www.litigationfutures.com
