BAILII: Recent Decisions
Court of Appeal (Civil Division)
Source: www.bailii.org
Vinci v Beumer: the case that keeps on giving (and giving) – Practical Law: Construction Blog
‘It is the start of autumn and July seems a long way off now, with the summer holidays all over and the World Cup just a distant memory. Consequently, it may be easy to have forgotten about Vinci Construction UK Ltd v Beumer Group UK Ltd, which had its latest outing in the TCC at the end of that month. This time it was Jonathan Acton Davis QC (sitting as a deputy High Court judge) who enforced the adjudicator’s decision and dismissed Beumer’s (the sub-contractor) arguments that the adjudicator was in breach of the rules of natural justice.’
Practical Law: Construction Blog, 4th September 2018
Case Comment: Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 – UKSC Blog
‘The Supreme Court heard the case of Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 in which it considered whether the expenses occurred by a vessel during a negotiating period with pirates are allowable under Rule F, which covers additional expenses, of the York-Antwerp Rules 1974. This is the first time the English Courts have considered the meaning and application of Rule F.’
UKSC Blog, 3rd September 2018
Source: ukscblog.com
Case Comment: Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 – UKSC Blog
‘The Supreme Court heard the case of Reilly v Sandwell Metropolitan Borough Council [2018] UKSC 16 in which it considered the duty of Reilly, a headteacher at a school, to disclose her relationship with a man called Mr Selwood who was convicted making indecent images of children.’
UKSC Blog, 3rd September 2018
Source: ukscblog.com
Gauke to exempt vulnerable road users from whiplash reforms – Legal Futures
‘Vulnerable road users (VRUs), such as pedestrians and cyclists, will be completely exempt from the government’s whiplash reforms, the Lord Chancellor announced yesterday.’
Legal Futures, 5th September 2018
Source: www.legalfutures.co.uk
Three people jailed for converting and selling pistols and ammo – Crown Prosecution Service
‘Three people who were found guilty for their part in the illegal conversion of blank firing pistols and cartridges have today (5 September) been jailed for a total of 52 years.’
Crown Prosecution Service, 5th September 2018
Source: www.cps.gov.uk
Landmark privilege win: appeal court rules against SFO in ENRC case – Law Society’s Gazette
‘The protective scope of professional privilege received an important boost today when an appeal ruled that in-house advice prepared prior to court proceedings is as protected by privilege as that given in the defence of proceedings. In a much awaited ruling, the President of the Queen’s Bench Division Sir Brian Leveson, Chancellor of the High Court Sir Geoffrey Vos and Lord Justice McCombe this morning backed an appeal over a High Court ruling that a business under investigation by the Serious Fraud Office should turn over materials prepared for an earlier internal investigation.’
Law Society's Gazette, 5th September 2018
Source: www.lawgazette.co.uk
Serial sex attacker Kirk Reid’s release request rejected – BBC News
‘A serial sex attacker’s prison release bid has been rejected.’
BBC News, 5th September 2018
Source: www.bbc.co.uk
Review brings misogyny as a hate crime a step closer – The Independent
‘Campaigners have welcomed an “amazing” victory in the fight against sexist street harassment after the government announced a comprehensive review of hate crime legislation, which will consider whether to recognise misogyny as a hate crime.’
The Independent, 6th September 2018
Source: www.theguardian.com
NHS accused of racial discrimination on pay for senior doctors – The Guardian
‘The NHS has been accused of racial discrimination in pay after evidence showed that white senior doctors earned almost £5,000 more than colleagues from minority ethnic backgrounds.’
The Guardian, 6th September 2018
Source: www.theguardian.com
Police payout review ‘unfair on sex pest doctor’s victims’ – BBC News
‘A police force tried to reduce payouts to injured officers who had been examined during recruitment by a sex pest doctor, in an attempt to save money, the BBC has learned.
An investigation into Dr Reginald Bunting, a chief medical officer at Avon and Somerset Police, found he conducted unacceptable examinations. Victims say they were unfairly targeted when the force reviewed payouts. The force said the claims were “without merit”. A review into payouts to officers who had been forced to retire through injury while on duty was launched in 2013.’
BBC News, 6th September 2018
Source: www.bbc.co.uk
Be lenient to parents who abuse their own children if they also care for them, judges told – Daily Telegraph
‘Parents who abuse their own children should be given leniency if they also care for the child, the Sentencing Council has said. Judges should consider not sending parents to prison if they are the “sole or primary carer” for their children because of the impact this could have on the victim, new guidelines say.’
Daily Telegraph, 6th september 2018
Source: www.telegraph.co.uk
Police officer who Tasered force’s race relations adviser in face cleared of misconduct – The Independent
‘A police officer who Tasered her force’s own race relations adviser in the face in a case of mistaken identity has been cleared of gross misconduct.’
The Independent, 5th September 2018
Source: www.independent.co.uk
Firm to pay indemnity costs after “premature” GLO application – Litigation Futures
‘A law firm which “prematurely” issued a group litigation order (GLO) application to bring VW emissions claims ahead of other firms has been hit with an indemnity costs order by the High Court.’
Litigation Futures, 5th September 2018
Source: www.litigationfutures.com
Seven jailed for life over fatal stabbing of teenager in Manchester – The Guardian
‘Five men and two teenage boys have been jailed for life with a minimum tariff of 14 to 19 years after a teenager was stabbed to death in Manchester’s Moss Side.’
The Guardian, 4th September 2018
Source: www.theguardian.com
Spurned woman sends ex-lover video of her killing his fish with bleach after accusing him of affair, court hears
‘A spurned woman sent her ex-lover a video of her killing his fish with bleach after accusing him of having an affair, a court has heard. ‘
Daily Telegraph, 4th September 2018
Source: www.telegraph.co.uk
Home Office loses 75% of its appeals against immigration rulings – The Guardian
‘Nearly three-quarters of final immigration court appeals brought by the Home Office against rulings allowing asylum seekers and other migrants to stay in the UK are dismissed, according to figures seen by the Guardian.’
The Guardian, 3rd September 2018
Source: www.theguardian.com
Three-quarters of new deputy High Court judges went to Oxbridge – Litigation Futures
‘Three-quarters of new deputy High Court judges, announced yesterday, are Oxbridge graduates, it has emerged.’
Litigation Futures, 5th September 2018
Source: www.litigationfutures.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Dunn v The Secretary of State for Justice & Anor [2018] EWCA Civ 1998 (04 September 2018)
Source: www.bailii.org
