BAILII: Recent Decisions

Posted September 13th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Playboy Club London Ltd v Banca Nazionale Del Lavoro Spa [2018] EWCA Civ 2025 (12 September 2018)

High Court (Administrative Court)

Sharma v Secretary of State for Housing, Communities and Local Government & Ors [2018] EWHC 2355 (Admin) (12 September 2018)

Chichester District Council v Secretary of State for Housing, Communities and Local Government & Anor [2018] EWHC 2386 (Admin) (12 September 2018)

Sabesan v London Borough of Waltham Forest [2018] EWHC 2373 (Admin) (11 September 2018)

High Court (Queen’s Bench Division)

Hague v British Telcommunications Plc (Immunotherapy : Reasonableness of Treatment : Private Dictionary Principle) [2018] EWHC 2227 (QB) (12 September 2018)

Source: www.bailii.org

Standard of proof: Barristers warned against “defensive lawyering” – Legal Futures

‘It would be “extremely disappointing” if barristers’ became more defensive in their behaviour as a result of lowering the standard of proof for disciplinary matters, the Bar Standards Board (BSB) has said.’

Full Story

Legal Futures, 13th September 2018

Source: www.legalfutures.co.uk

BSB seeks views on draft of new Bar transparency rules – Bar Standards Board

Posted September 13th, 2018 in barristers, consultations, disclosure, legal services, press releases, reports by sally

‘The Bar Standards Board (BSB) has today launched a consultation to seek views about its proposed new rules to improve transparency standards for clients of the Bar.’

Full press release

Bar Standards Board, 13th September 2018

Source: www.barstandardsboard.org.uk

Supreme Court to hear appeal from firm blamed for missed claim – Law Society’s Gazette

Posted September 13th, 2018 in appeals, burden of proof, law firms, negligence, news, Supreme Court by sally

‘A long-running dispute about the rights of a client to sue his former solicitors will come to the Supreme Court later this year. The court confirmed today that it will hear the appeal of defunct claimant firm Raleys Solicitors against the ruling of the Court of Appeal from May 2017.’

Full Story

Law Society's Gazette, 13th September 2018

Source: www.lawgazette.co.uk

Man who strangled his mother to death when she told him to move out is jailed for life – The Independent

Posted September 13th, 2018 in families, murder, news, sentencing by sally

‘A man who strangled his mother to death after she told him to move out of the family home has been jailed for life.’

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The Independent, 12th September 2018

Source: www.independent.co.uk

CPS to take no action against police over death of Leon Briggs – The Guardian

‘The police watchdog passed a file to the Crown Prosecution Service (CPS) in March 2016 concerning two Bedfordshire police constables, three sergeants and a member of police staff, suggesting they may have committed crimes over the death of Leon Briggs in 2013. In January prosecutors said no action would be taken against one of the officers, and they have now confirmed that the other five people will also face no charges.’

Full Story

The Guardian, 12th September 2018

Source: www.theguardian.com

Met Police officers to be quizzed over spit hoods – BBC News

Posted September 13th, 2018 in London, news, police by sally

‘Met Police officers are to be quizzed about whether they should have a spit guard at their disposal. Commissioner Cressida Dick has previously said front-line officers would not be given the mesh guards. Members of the Met Police Federation (MPF) will also be asked if they have been spat at or bitten on duty in the past two years as part of the survey.’

Full Story

BBC News, 13th September 2018

Source: www.bbc.co.uk

Workplace gender discrimination remains rife, survey finds – The Guardian

Posted September 13th, 2018 in employment, equal pay, gender, harassment, news, sex discrimination by sally

‘Gender discrimination in the workplace remains rife, with many young women experiencing sexual harassment, job insecurity and low pay compared with male peers, a survey has found.’

Full Story

The Guardian, 13th September 2018

Source: www.theguardian.com

GCHQ data collection violated human rights, Strasbourg court rules – The Guardian

Posted September 13th, 2018 in courts, data protection, human rights, intelligence services, news, privacy by sally

‘GCHQ’s methods in carrying out bulk interception of online communications violated privacy and failed to provide sufficient surveillance safeguards, the European court of human rights has ruled in a test case judgment. But the Strasbourg court found that GCHQ’s regime for sharing sensitive digital intelligence with foreign governments was not illegal.’

Full Story

The Guardian, 13th September 2018

Source: www.theguardian.com

Paedophiles viewing child sex abuse images once every 23 minutes in England and Wales as crimes rocket – The Independent

Posted September 13th, 2018 in crime, criminal justice, indecent photographs of children, internet, news by sally

‘The number of child sex abuse image offences being recorded by police has risen by almost a quarter, new figures have revealed as the government threatens to regulate web giants if they do not crack down on the phenomenon.’

Full Story

The Independent, 13th September 2018

Source: www.independent.co.uk

Jail time to double for assaulting an emergency worker – Ministry of Justice

‘New law protecting emergency workers from assault to receive Royal Assent today (Thursday 13 September 2018).’

Full press release

Ministry of Justice, 13th September 2018

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

Tottenham Hotspur captain Hugo Lloris admits being more than twice drink-drive limit in Porsche – Daily Telegraph

Posted September 13th, 2018 in alcohol abuse, disqualification, driving licences, fines, news by sally

‘Tottenham Hotspur captain Hugo Lloris has admitted being more than twice the drink-drive limit having been showered with drinks by diners at a London restaurant. The 31-year-old goalkeeper, of East Finchley, north London, was charged and bailed following a routine patrol stop in the early hours of August 24. He was fined £50,000 at Westminster Magistrates’ Court and banned from driving for 20 months after admitting drink driving.’

Full Story

Daily Telegraph, 12th September 2018

Source: www.telegraph.co.uk

Man who strangled woman during sex given 29-year jail term -The Guardian

Posted September 13th, 2018 in murder, news, recidivists, sentencing by sally

‘A man who strangled a woman during sex and left pornography near her body had 171 previous convictions, a court has been told before he was jailed for a minimum of 29 years.’

Full Story

The Guardian, 12th September 2018

Source: www.theguardian.com

Woman was murdered by stalker ex-boyfriend after police blunders, report finds – Daily Telegraph

Posted September 13th, 2018 in armed forces, murder, news, police, reports, stalking by sally

‘A stalking victim was murdered by her ex-boyfriend after police left it to the soldier’s Army bosses to warn him about his behaviour, a report has found.’

Full Story

Daily Telegraph, 12th September 2018

Source: www.telegraph.co.uk

Risky business: Offshore drilling and using force majeure as an exit route – Practical Law: Construction Blog

Posted September 12th, 2018 in construction industry, contracts, news by sally

‘A contract can be a long term commitment. Over the course of a contract, things happen. Circumstances change. Force majeure clauses generally allow parties to allocate contractual risk, by limiting liability, excusing performance or providing for termination, if unusual or unfortunate circumstances arise. However, the recent case of Seadrill v Tullow reminds us that it is not all that easy for a party to seek to avoid obligations it has freely undertaken.’

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Practical Law: Construction Blog, 10th September 2018

Source: constructionblog.practicallaw.com

How much should a leg cost? detailed consideration of suitability of prosthetics? – Zenith PI

Posted September 12th, 2018 in compensation, news, personal injuries by sally

‘In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert carried out a detailed consideration of the value and cost of prosthetic legs. It is unusual for this issue to be considered at length and the judgment is worth reading for that issue alone. Gordon Exall looks at the key points to come out of the judgment.’

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Zenith PI, 11th September 2018

Source: zenithpi.wordpress.com

Discontinuance, costs, and multiple Defendants: BAE Systems Pension Funds Trustees Ltd v Bowmer & Kirkland Ltd [2018] EWHC 1222 (TCC) – Zenith PI

Posted September 12th, 2018 in construction industry, contracts, costs, news, warehousing by sally

‘This case is a reminder, if any were needed, of the difficulties facing Claimants in deciding whether or not to pursue multiple Defendants.’

Full Story

Zenith PI, 10th September 2018

Source: zenithpi.wordpress.com

Supreme Court rejects bid to appeal ruling on £2.7bn highways PFI contract – Local Government Lawyer

Posted September 12th, 2018 in appeals, news, private finance initiative, roads, Supreme Court by sally

‘The Supreme Court has refused to grant contractor Amey permission to appeal in its dispute with Birmingham City Council over the correct interpretation of a £2.7bn highways PFI contract, it has emerged.’

Full Story

Local Government Lawyer, 11th September 2018

Source: www.localgovernmentlawyer.co.uk

County council fined £200k over disturbance of asbestos at primary school – Local Government Lawyer

Posted September 12th, 2018 in asbestos, fines, health & safety, local government, news by sally

‘Kent County Council has been fined £200,000 after asbestos was disturbed at a primary school.’

Full Story

Local Government Lawyer, 11th September 2018

Source: www.localgovernmentlawyer.co.uk

Win for open justice as tax tribunal allows non-party access to HMRC pleadings – Litigation Futures

Posted September 12th, 2018 in news, taxation, third parties, tribunals by sally

‘The First-tier Tribunal (FTT) has “inherent jurisdiction” to give non-parties access to documents, its tax chamber has ruled in allowing KPMG to see documents from another case involving HM Revenue & Customs (HMRC).’

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Litigation Futures, 12th September 2018

Source: www.litigationfutures.com