BAILII: Recent Decisions

Posted October 15th, 2018 in law reports by sally

Court of Appeal (Civil Division)

AS (Guinea) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2234 (12 October 2018)

Cheerupmate2 Ltd v Calce [2018] EWCA Civ 2230 (12 October 2018)

Sky Blue Sports & Leisure Ltd & Ors, R (on the application of) v Coventry City Council & Ors [2018] EWCA Civ 2252 (12 October 2018)

Witley Parish Council v Cavanagh [2018] EWCA Civ 2232 (11 October 2018)

Bellman v Northampton Recruitment Ltd [2018] EWCA Civ 2214 (11 October 2018)

Brangwyn v South Warwickshire NHS Foundation Trust [2018] EWCA Civ 2235 (11 October 2018)

High Court (Administrative Court)

B & Anor v Secretary of State for the Home Department [2018] EWHC 2651 (Admin) (12 October 2018)

BVC v EWF [2018] EWHC 2674 (Admin) (12 October 2018)

High Court (Chancery Division)

ESO Capital Luxembourg Holdings II SARL v GSA Invest Management SA & Anor [2018] EWHC 2656 (Ch) (12 October 2018)

Cantt Pak Ltd v Pak Southern China Property Investment Ltd [2018] EWHC 2564 (Ch) (12 October 2018)

M&P Enterprises (London) Ltd v Norfolk Square (Northern Section) Ltd [2018] EWHC 2665 (Ch) (12 October 2018)

Hague Plant Ltd v Hague & Ors [2018] EWHC 2517 (Ch) (11 October 2018)

High Court (Commercial Court)

Mamancochet Mining Ltd v Aegis Managing Agency Ltd & Ors [2018] EWHC 2643 (Comm) (12 October 2018)

High Court (Family Division)

PM v CF [2018] EWHC 2658 (Fam) (03 October 2018)

High Court (Patents Court)

Parainen Pearl Shipping Ltd & Ors v Kristian Gerhard Jebsen Skipsrederi AS & Ors [2018] EWHC 2628 (Pat) (11 October 2018)

High Court (Technology and Construction Court)

Ealing Care Alliance Ltd v London Borough of Ealing [2018] EWHC 2630 (TCC) (11 October 2018)

Source: www.bailii.org

Lord Carnwath at the Justice Human Rights Law Conference 2018, London – Supreme Court

Posted October 15th, 2018 in climate change, conflict of laws, environmental health, environmental protection, human rights, international law, interpretation, judges, speeches by sally

‘Lord Carnwath at the Justice Human Rights Law Conference 2018, London. Human Rights and the Environment.’

Full speech

Supreme Court, 10th October 2018

Source: www.supremecourt.uk

Judge who disparaged one party’s counsel “did not give appearance of bias” – Litigation Futures

Posted October 15th, 2018 in appeals, barristers, bias, case management, costs, cross-examination, delay, judges, news, professional conduct, solicitors, trials by sally

‘A judge who was “snide” and disparaging to counsel for one of the parties before her did nonetheless not give the appearance of bias, the High Court has ruled.’

Full Story

Litigation Futures, 15th October 2018

Source: www.litigationfutures.com

Speech by Lord Justice Gross: How can judges strengthen the rule of law? – Courts and Tribunals Judiciary

Posted October 15th, 2018 in education, human rights, judges, judiciary, rule of law, speeches by sally

‘Speech by Lord Justice Gross: How can judges strengthen the rule of law?’

Full speech

Courts and Tribunals Judiciary, 15th October 2018

Source: www.judiciary.uk

Barristers to face new standard of proof in disciplinary cases – Law Society’s Gazette

Posted October 15th, 2018 in barristers, consultations, disciplinary procedures, Legal Services Board, news, professional conduct, solicitors, standard of proof by sally

‘The Legal Services Board (LSB) has granted permission for the bar regulator to change the standard of proof applied in disciplinary proceedings, a move which could make it easier for barristers to be sanctioned.’

Full Story

Law Society's Gazette, 12th October 2018

Source: www.lawgazette.co.uk

The Financial Remedies Court: Latest Developments – Family Law Week

Posted October 15th, 2018 in courts, families, financial dispute resolution, news, pilot schemes by sally

‘Matthew Richardson, family barrister at Coram Chambers, provides an update on the progress of the Financial Remedies Court and highlights that rollout dates are soon to be announced.’

Full Story

Family Law Week, 14th October 2018

Source: www.familylawweek.co.uk

Number of supervised offenders charged with violent crimes rises 21% – The Guardian

Posted October 15th, 2018 in contracting out, homicide, murder, news, probation, rape, recidivists, sexual offences, statistics, violent offenders by sally

‘The number of offenders charged with serious crimes including murder, manslaughter and rape while they were being monitored in the community has jumped by more than a fifth in a year in England and Wales, the Guardian can reveal.’

Full Story

The Guardian, 14th October 2018

Source: www.theguardian.com

End of ‘buying off’ sexual assault victims hailed by campaigners, as gagging orders set to be banned – Daily Telegraph

Posted October 15th, 2018 in bills, bullying, complaints, disclosure, domestic violence, employment, harassment, human rights, news, non-disclosure agreements, sexual offences, victims by sally

‘Victims campaigners have welcomed plans to outlaw gagging orders which prevent employees from disclosing sexual abuse at the hands of their bosses. The plans, which will be introduced as part of the domestic abuse bill, will stop companies from drawing up agreements that bar workers from going to the police.’

Full Story

Daily Telegraph, 14th October 2018

Source: www.telegraph.co.uk

Police spies infiltrated UK leftwing groups for decades – The Guardian

Posted October 15th, 2018 in deceit, demonstrations, disclosure, inquiries, investigatory powers, misfeasance in public office, news, police, political parties, sexual offences, spying, women by sally

‘Police deployed 24 undercover officers to infiltrate a small leftwing political party over a 37-year period, the Guardian can reveal. The police spies infiltrated the Socialist Workers party (SWP) almost continuously between 1970 and 2007, often with more than one undercover officer embedded within the party.’

Full Story

The Guardian, 15th October 2018

Source: www.theguardian.com

HMRC seizes assets from almost 3,000 businesses as government ramps up pressure on late tax payment – The Independent

Posted October 15th, 2018 in assets recovery, debts, HM Revenue & Customs, news, repayment, statistics, taxation by sally

‘HM Revenue and Customs seized assets from 2,833 businesses last year as the government ramps up pressure on firms not paying tax on time. The number of firms facing asset seizures jumped 45 per cent from 2016/17 and has increased more than fourfold since 2014/15.’

Full Story

The Independent, 15th October 2018

Source: www.independent.co.uk

Parents ‘weaponising’ domestic violence orders, claims charity – The Guardian

Posted October 15th, 2018 in communicating false information, domestic violence, families, legal aid, news, non-molestation orders, statistics, victims by sally

‘The number of non-molestation orders – issued by courts to prevent domestic abuse – has rocketed by 37% over the past five years because they are being exploited to secure legal aid, according to the charity Families Needs Fathers.’

Full Story

The Guardian, 15th October 2018

Source: www.theguardian.com

Plans to stop house buyers being ‘exploited’ by ripoff leases delayed, almost a year after government promise – The Independent

Posted October 15th, 2018 in consultations, housing, leases, news, rent by sally

‘Flagship plans to stop house buyers being “exploited” by ripoff leases have been delayed, nearly a year after the government vowed to act.’

Full Story

The Independent, 14th October 2018

Source: www.independent.co.uk

Supreme Court finds NHS trust liable for misleading info provided by receptionists – Local Government Lawyer

Posted October 12th, 2018 in duty of care, hospitals, medical treatment, news by sally

‘An NHS trust was liable for incomplete and misleading information provided by two receptionists in its accident and emergency department, the Supreme Court has ruled, overturning a Court of Appeal majority decision.’

Full Story

Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

‘Out of control’: prison watchdog warns of synthetic drug crisis – The Guardian

Posted October 12th, 2018 in death in custody, drug abuse, news, prisons by sally

‘An epidemic of synthetic drugs in prisons is “completely out of control” and the “new normal”, a prison deaths watchdog has warned, as signs emerge that the impact is spreading to immigration removal centres and bail hostels.’

Full Story

The Guardian, 11th October 2018

Source: www.theguardian.com

Council loses Supreme Court battle over HMO licence conditions – Local Government Lawyer

Posted October 12th, 2018 in houses in multiple occupation, housing, licensing, local government, news, Supreme Court by sally

‘Nottingham City Council has lost a Supreme Court case over whether it was right to prohibit the use of two attics as bedrooms.’

Full Story

Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

New law could force employers to reveal race pay gap figures – The Guardian

Posted October 12th, 2018 in employment, minorities, news, remuneration by sally

‘Employers could be obliged to release their race pay gap statistics under new plans to be unveiled by Theresa May to increase ethnic minority representation in the workplace.’

Full Story

The Guardian, 11th October 2018

Source: www.theguardian.com

Mau Mau action with 40,000 claimants in doubt after CA refuses permission to appeal test case – Litigation Futures

Posted October 12th, 2018 in appeals, class actions, colonies, Kenya, limitations, news, personal injuries, torture by sally

‘The future of litigation being brought on behalf of more than 40,000 claimants in the so-called Mau Mau case is in doubt after the Court of Appeal refused permission to hear an appeal against a decision to dismiss the first test case.’

Full Story

Litigation Futures, 10th October 2018

Source: www.litigationfutures.com

What does the Proposal to Introduce Trial-by-Video Link Mean for Justice? – Rights Info

Posted October 12th, 2018 in civil justice, courts, criminal justice, equality, human rights, internet, learning difficulties, live link evidence, mental health, news by sally

‘The government’s plans for court modernisation, under Her Majesty’s Courts, Tribunals Service Reform Programme (HMCTS), include the development of fully-video hearings, where all parties join via electronic links and no one is in a courtroom.’

Full Story

Rights Info, 9th October 2018

Source: rightsinfo.org

Woman homeless after terrorism offences loses High Court challenge over housing – Local Government Lawyer

Posted October 12th, 2018 in homelessness, housing, human rights, local government, news, terrorism by sally

‘A woman who had become homeless while imprisoned for terrorism offences did not have her human rights breached by the London Borough of Brent in its decisions on housing her and her children, the High Court has ruled.’

Full Story

Local Government Lawyer, 11th October 2018

Source: www.localgovernmentlawyer.co.uk

Government and SRA work to build BAME trust in solicitors – Legal Futures

Posted October 12th, 2018 in detention, minorities, news, police, sentencing, solicitors, Solicitors Regulation Authority by sally

‘The Ministry of Justice (MoJ) is working with the Solicitors Regulation Authority (SRA) to build greater trust in solicitors among black and minority ethnic (BAME) people in custody.’

Full Story

Legal Futures, 11th October 2018

Source: www.legalfutures.co.uk