Recent Statutory Instruments – legislation.gov.uk

Posted November 9th, 2018 in legislation by sally

The Communication of Investments (Revocation) (EU Exit) Regulations 2018

The Education Administration Rules 2018

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2018

The Carcase Classification and Price Reporting (England) Regulations 2018

The Companies (Directors’ Report) and Limited Liability Partnerships (Energy and Carbon Report) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 9th, 2018 in law reports by sally

Supreme Court

Barnardo’s v Buckinghamshire & Ors [2018] UKSC 55 (7 November 2018)

Court of Appeal (Civil Division)

MM (Malawi) & Anor v the Secretary of State for the Home Department [2018] EWCA Civ 2482 (09 November 2018)

London St Andrew’s College, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 2496 (08 November 2018)

Haven Insurance Company Ltd v EUI Ltd (t/a Elephant Insurance) [2018] EWCA Civ 2494 (08 November 2018)

Secretary of State for the Home Department v G (Algeria) [2018] EWCA Civ 2493 (08 November 2018)

PA (Iran), R (On the Application Of) v Upper Tribunal (Immigration And Asylum Chamber) [2018] EWCA Civ 2495 (08 November 2018)

JLT Specialty Ltd v Craven [2018] EWCA Civ 2487 (08 November 2018)

Kousar & Ors v The Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 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)

Duarte v The Comarca De Lisboa (A Portuguese Judicial Authority) [2018] EWHC 2995 (Admin) (09 November 2018)

Warwickshire County Council v Halfords Autocentres Ltd [2018] EWHC 3007 (Admin) (09 November 2018)

K & Anor, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 2951 (Admin) (08 November 2018)

Da Silva & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2018] EWHC 3001 (Admin) (07 November 2018)

High Court (Chancery Division)

Barker v Confiànce Ltd & Ors [2018] EWHC 2965 (Ch) (08 November 2018)

High Court (Commercial Court)

Cargill International Trading Pte Ltd v Uttam Galva Steels Ltd [2018] EWHC 2977 (Comm) (09 November 2018)

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)

Vasant (t/a MK Vasant & Associates) & Ors v NHS Commissioning Board [2018] EWHC 3002 (QB) (07 November 2018)

Source: www.bailii.org

Unauthorised works to listed building sees owner ordered to pay £80k – Local Government Lawyer

Posted November 9th, 2018 in injunctions, listed buildings, monuments, news, planning, prosecutions by sally

‘Horsham District Council and Historic England have successfully prosecuted a landowner for unauthorised works to a listed building and scheduled monument.’

Full Story

Local Government Lawyer, 8th November 2018

Source: www.localgovernmentlawyer.co.uk

Privilege ruling releases two documents and destroys one – Litigation Futures

Posted November 9th, 2018 in disclosure, documents, electronic mail, intellectual property, news, privilege by sally

‘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.’

Full Story

Litigation Futures, 8th November 2018

Source: www.litigationfutures.com

No basis for face-to-face justice, says digital court guru Susskind – Law Society’s Gazette

Posted November 9th, 2018 in civil justice, electronic filing, news, small claims by sally

‘No basis exists in jurisprudence or legal philosophy for conducting justice face-to-face in physical premises, one of the architects of the online court told a conference yesterday.’

Full Story

Law Society's Gazette, 8th November 2018

Source: www.lawgazette.co.uk

Security firm pays damages to anti-asbestos activists it spied on – The Guardian

Posted November 9th, 2018 in asbestos, confidentiality, damages, data protection, misuse of private information, news, security companies, spying by sally

‘A private security firm has been forced to pay damages to five anti-asbestos campaigners after they discovered it had spied on them. The firm, K2 Intelligence, paid an infiltrator for four years to masquerade as a sympathetic documentary-maker to obtain confidential information about leading activists in the worldwide campaign to ban asbestos.’

Full Story

The Guardian, 8th November 2018

Source: www.theguardian.com

Prison officer jailed for smuggling £10,000 of drugs – BBC News

Posted November 9th, 2018 in drug offences, news, prison officers, sentencing by sally

‘A prison officer who smuggled in £10,000 of drugs has been jailed for six-and-a-half years.’

Full Story

BBC News, 8th November 2018

Source: www.bbc.co.uk

Tougher rules demanded for robotic surgery after ‘catalogue of errors’ leads to music teacher’s death – Daily Telegraph

Posted November 9th, 2018 in doctors, health & safety, inquests, news by sally

‘A coroner has demanded tougher rules governing the use of robotic surgery after a heart patient died because an under-trained surgeon botched his operation while using a state-of-the-art system.’

Full Story

Daily Telegraph, 8th November 2018

Source: www.telegraph.co.uk

Builder who passed off wife’s murder as suicide jailed after pub confession – Daily Telegraph

Posted November 9th, 2018 in domestic violence, married persons, murder, news, sentencing by sally

‘Police errors almost allowed a husband to get away with murdering his wife and staging a suicide until he admitted his crime to a woman in a pub.’

Full Story

Daily Telegraph, 8th November 2018

Source: www.telegraph.co.uk

Rapists and murderers among hundreds of foreign criminals missing from Home Office monitoring, records show – The Independent

Posted November 9th, 2018 in electronic monitoring, fugitive offenders, government departments, immigration, news by sally

‘Rapists and killers are among hundreds of foreign criminals who have dropped off the Home Office’s radar. Immigration authorities also lost track of overseas nationals convicted of kidnap, weapons possession and robbery.’

Full Story

The Independent, 9th November 2018

Source: www.independent.co.uk

Shropshire baby deaths hospital trust in special measures – BBC News

Posted November 9th, 2018 in birth, children, hospitals, news, standards by sally

‘A hospital trust being investigated over baby deaths and subject to repeated warnings over patient safety across two sites has been put into special measures.’

Full Story

BBC News, 8th November 2018

Source: www.bbc.co.uk

Home Office cuts to modern slavery victims’ benefits are unlawful, High Court rules – The Independent

Posted November 9th, 2018 in asylum, benefits, government departments, news, trafficking in human beings by sally

‘A government decision to slash financial support for modern slavery victims has been ruled unlawful by the High Court.’

Full Story

The Independent, 22nd November 2018

Source: www.independent.co.uk

North Midland Building v Cyden: apportioning risk for concurrent delay in the UAE – Practical Law: Construction Blog

Posted November 8th, 2018 in appeals, conflict of laws, construction industry, contracts, delay, news, unfair contract terms by sally

‘In North Midland Building Ltd v Cyden Homes, the Court of Appeal held that parties to a construction contract are free to apportion risk in the event of concurrent delay.’

Full Story

Practical Law: Construction Blog, 7th November 2018

Source: constructionblog.practicallaw.com

Sentencing Council launches online sentencing guidelines for use in the Crown Court – Sentencing Council

Posted November 8th, 2018 in internet, press releases, sentencing by sally

‘The launch of the Crown Court guidelines online marks the latest step in the Council’s programme to deliver guidelines in a digital format that is immediately accessible, quick and easy to use, and designed to support the ways in which Judges, Magistrates and other users work.’

Full press release

Sentencing Council, 8th November 2018

Source: www.sentencingcouncil.org.uk

Spark21 conference 2018: David Gauke speech on diversity in the legal profession – Ministry of Justice

Posted November 8th, 2018 in barristers, diversity, equality, gender, judiciary, legal profession, minorities, solicitors, speeches, statistics by sally

‘Lord Chancellor David Gauke spoke at the Spark21 Conference 2018 about nurturing a richer and more representative legal profession.’

Full speech

Ministry of Justice, 7th November 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Council wins appeal over disclosure order that would have meant it breached law – Local Government Lawyer

Posted November 8th, 2018 in disclosure, documents, employment tribunals, local government, news by sally

‘A borough council has won an appeal after an Employment Tribunal ordered disclosure which would, if given, have resulted in the local authority breaching the law.’

Full Story

Local Government Lawyer, 7th November 2018

Source: www.localgovernmentlawyer.co.uk

High Court orders partner to sell his share of law firm – Legal Futures

Posted November 8th, 2018 in company directors, law firms, news, shareholders, unfairly prejudicial conduct by sally

‘The High Court has ruled that a partner in a law firm who paid himself £16,500 after he had left the firm and was “effectively competing with it” breached his director’s duties.’

Full Story

Legal Futures, 8th November 2018

Source: www.legalfutures.co.uk

Latvian human trafficking gang jailed for East Midlands plot – Crown Prosecution Service

Posted November 8th, 2018 in extradition, gangs, press releases, sentencing, trafficking in human beings, warrants by sally

‘Nine members of an organised crime group based in the East Midlands and Latvia have been jailed for human trafficking offences against 28 victims.’

Full press release

Crown Prosecution Service, 7th November 2018

Source: www.cps.gov.uk

Speech by Rt Hon Lord Justice Bean: Misconduct in Public Office – Courts and Tribunals Judiciary

Posted November 8th, 2018 in Law Commission, misfeasance in public office, speeches by sally

‘Speech by Rt Hon Lord Justice Bean: Misconduct in Public Office.’

Full speech

Courts and Tribunals Judiciary, 7th November 2018

Source: www.judiciary.uk

New research questions link between austerity and legal aid cuts – The Bar Council

Posted November 8th, 2018 in budgets, criminal justice, legal aid, Ministry of Justice, press releases, statistics by sally

‘New research commissioned by the Bar Council reveals the full scale of a decade of dis-investment in justice and argues that decisions to make wholesale budget cuts cannot be blamed on austerity measures alone.’

Full press release

The Bar Council, 1st November 2018

Source: www.barcouncil.org.uk