BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Pharmacy2u Ltd v The National Pharmacy Association [2018] EWHC 3408 (Ch) (14 December 2018)
High Court (Family Division)
X (A Child) (No 4) [2018] EWHC 1815 (Fam) (14 December 2018)
X (A Child) (No 5) [2018] EWHC 3442 (Fam) (14 December 2018)
High Court (Queen’s Bench Division)
EXB v FDZ & Ors [2018] EWHC 3456 (QB) (13 December 2018)
Source: www.bailii.org
‘What if they arrest me?’: the legal teams saving people from unfair deportation – The Guardian
‘Hundreds have benefited from a free legal service – but caseworkers are having to turn down clients as demand surges.’
The Guardian, 16th December 2018
Source: www.theguardian.com
Law firms “will stop using email within five years” – Legal Futures
‘Email will be replaced within five years by a more secure means of communication for law firms, an expert predicted this week.’
Legal Futures, 13th December 2018
Source: www.legalfutures.co.uk
UK fracking policy faces court challenges – The Guardian
‘Ministers face a pair of legal challenges to their planning rules on fracking this week, from a national environmental group and the son of fashion designer Vivienne Westwood.’
The Guardian, 16th December 2018
Source: www.theguardian.com
FCA under fire over Lloyds compensation scheme – BBC News
‘The Financial Conduct Authority (FCA) has been criticised for allowing Lloyds Banking Group to set up a “flawed” compensation scheme for victims of a massive fraud.’
BBC News, 17th December 2018
Source: www.bbc.co.uk
Nuisance call bosses face £500,000 fines – BBC News
‘Directors of firms that cold-call consumers can now be fined up to £500,000 under new rules that have come into force.’
BBC News, 17th December 2018
Source: www.bbc.co.uk
Workers get new rights in overhaul but zero-hours contracts remain – The Guardian
‘The government has introduced what it claims to be the biggest package of workplace reforms for 20 years after concerns that ministers have failed to appeal to voters who are “just about managing”.’
The Guardian, 17th December 2018
Source: www.theguardian.com
Experts’ Agendas – a Warning from the Bench – No. 5 Chambers
‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’
No. 5 Chambers, 10th December 2018
Source: www.no5.com
After Makdessi and GPP, the question is, are your LDs commercially viable? – Hardwicke Chambers
‘Liquidated damages (LD) clauses are a fixture of construction contracts. As we all know, they are a secondary obligations to pay an agreed sum of money, arising upon breach of a primary obligation of the contract. In the case of a construction contract, this will invariably be in the event of delay: the failure to complete the works by a specified date.’
Hardwicke Chambers, 3rd December 2018
Source: hardwicke.co.uk
Environmental Law News Update – Six Pump Court
‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall, Christopher Badger and Mark Davies consider the EU Exit Legal Position on the Withdrawal Agreement and the Attorney General’s Legal Advice, the Draft National Policy Statement for Water Resources Infrastructure and an important case about the courts’ approach to the balance between private rights and the public interest.’
Six Pump Court, 10th December 2018
Source: www.6pumpcourt.co.uk
Gosvenor London Ltd v Aygun Aluminium UK Ltd [2018] EWCA Civ 2695 – Hardwicke Chambers
‘Gosvenor was contracted to perform cladding works for Aygun. The project fell into delay and disputes arose. A subsequent adjudication determined that Aygun owed Gosvenor the sum of £553,958. Gosvenor later applied for summary judgment to enforce the adjudication and Aygun resisted on the basis of fraud. According to Aygun, a substantial proportion of the adjudication award was based on fraudulent invoices which did not reflect the actual value of the work done.’
Hardwicke Chambers, 7th December 2018
Source: hardwicke.co.uk
Environmental Law Podcast – November 2018 – Six Pump Court
‘This short update focuses on November’s key legal developments, which this month include the Withdrawal Agreement and Political Declaration, the recent independent review of the current system of waste regulation and the latest on the new Environment Bill.’
Six Pump Court, 5th December 2018
Source: www.6pumpcourt.co.uk
A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil Thompson – No. 5 Chambers
‘From our perspective, the first step should be to understand how competent medical professionals protect the patient against the risk of VTE. One starting point is to understand the control of VTE risk in patients admitted to hospital, although of course other primary care providers (GPs) have a corresponding duty to be alert to the risk of VTE within their practice.’
No. 5 Chambers, 3rd December 2018
Source: www.no5.com
Solicitors’ Bills – Hardwicke Chambers
‘The court of appeal’s decision in Slade (t/a Richard Slade And Company) v Boodia & Anor [2018] EWCA Civ 2667 is good news for solicitors but potentially not so good for their clients.’
Hardwicke Chambers, 3rd December 2018
Source: hardwicke.co.uk
Commercial lease renewal: the death of contrived developments – Hardwicke Chambers
‘Alexander Bastin discusses the Supreme Court’s decision in S Franses Ltd v The Cavendish Hotel (London) Ltd [2018] UKSC 62 on whether a landlord can oppose the grant of a new tenancy by relying on section 30 (1)(f) of the Landlord and Tenant Act 1954, if the works which it says it intends to do have no purpose other than to get rid of the tenant.’
Hardwicke Chambers, 7th December 2018
Source: hardwicke.co.uk
Dangerous Driving, Joint Criminal Enterprise and Ex Turpi Causa Defence: is Mens Rea made out? – Zenith Chambers
‘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 causa defence.’
Zenith Chambers, 26th November 2018
Source: www.zenithchambers.co.uk
Nominal damages only for technically unlawful arrest and detention – UK Police Law blog
‘The latest decision of the Court of Appeal in Parker v Chief Constable of Essex Police [2018] EWCA Civ 2788 is important for all police lawyers. The facts are quite detailed but, essentially, where the police perform an unlawful arrest (which would result in unlawful detention), the arrested person will receive only nominal damages where they could and would have been lawfully arrested had the correct procedures been followed.’
UK Police Law blog, 13th December 2018
Source: ukpolicelawblog.com
