BAILII: Recent Decisions

Posted July 25th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Eurasia Sports Ltd v Aguad [2018] EWCA Civ 1742 (24 July 2018)

Court of Appeal (Criminal Division)

Taj v R [2018] EWCA Crim 1743 (24 July 2018)

High Court (Chancery Division)

PJSC Commercial Bank Privatbank v Kolomoisky & Ors [2018] EWHC 1910 (Ch) (24 July 2018)

Union Des Associations Europeennes De Football v British Telecommunications Plc & Ors [2018] EWHC 1900 (Ch) (24 July 2018)

De Muller & Anor v Harrison-Morgan [2018] EWHC 1904 (Ch) (24 July 2018)

High Court (Queen’s Bench Division)

Higinbotham (formerly BWK) v Teekhungam & Anor [2018] EWHC 1880 (QB) (24 July 2018)

High Court (Technology and Construction Court)

Vinci Construction UK Ltd v Beumer Group UK Ltd [2018] EWHC 1874 (TCC) (24 July 2018)

Source: www.bailii.org

Travelling abroad with children after separation – is permission needed? – Family Law

Posted July 25th, 2018 in child abduction, children, consent, divorce, holidays, news by sally

‘Getting away on holiday with children is hard enough; following separation, there may be an additional complication and it will need early attention.’

Full Story

Family Law, 24th July 2018

Source: www.familylaw.co.uk

Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do – Courts and Tribunals Judiciary

Posted July 25th, 2018 in children, cross-examination, family courts, speeches, witnesses by sally

‘Speech by Sir James Munby, President of the Family Division: Because it is the right thing to do.’

Full speech

Courts and Tribunals Judiciary, 24th July 2018

Source: www.judiciary.uk

Thousands of vulnerable people locked in UK immigration centres in ‘unacceptable’ conditions, review finds – The Independent

Posted July 25th, 2018 in detention, immigration, news by sally

‘Thousands of vulnerable people are being locked in “unacceptable” conditions in immigration detention centres, often for “deeply troubling” lengths of time, a government-commissioned review has found. More than two years after ministers were urged to drastically reduce the use of detention for vulnerable immigrants, a second review by the former prisons and probation ombudsman for England and Wales suggested many people were still being held for months on end in dire circumstances.’

Full Story

The Independent, 25th July 2018

Source: www.independent.co.uk

Renew treason laws to jail enemies of the state for life, says thinktank – The Guardian

Posted July 25th, 2018 in imprisonment, news, sentencing, terrorism, treason by sally

‘Ancient treason laws should be renewed to allow enemies of the state to be jailed for life, a right-leaning thinktank has recommended. Britons who betray the country through acts of terror or by aiding hostile nations should be dealt with as traitors, according to a Policy Exchange report.’

Full Story

The Guardian, 25th July 2018

Source: www.theguardian.com

Kit Kat case: Time for a break in trademark row? – BBC News

Posted July 25th, 2018 in food, news, trade marks by sally

‘When is a Kit Kat not a Kit Kat? If it’s a four-fingered wafer covered in chocolate, the Kit Kat people would tell you they own that design. Spare a thought, then, for identical treats like Norway’s Kvikk Lunsj – pronounced “quick lunch” – which has been around for 80 years. Nestlé has tried to trademark the chocolate bar’s three-dimensional shape for more than a decade, which rival Cadbury has fought hard against. The European Court of Justice is due to hand down judgement on Wednesday, which could end Kit Kat’s protected European status and a saga that has proved expensive for both sides.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk

Firms failing to tackle sexual harassment, say MPs – BBC News

Posted July 25th, 2018 in employment, harassment, news, reports, select committees by sally

‘Businesses, government and regulators are failing to tackle sexual harassment in the workplace, say MPs. The Parliamentary Women and Equalities Committee has published a five-point plan to deal with the problem.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk

Thai bride wins battle to share ‘secret’ relationship with US economist on Facebook – Daily Telegraph

Posted July 25th, 2018 in bigamy, internet, married persons, misuse of private information, news by sally

‘A married US economist lost a High Court battle against his Thai bride over a Facebook picture she uploaded that he feared would out his secret relationship with her.’

Full Story

Daily Telegraph, 25th July 2018

Source: www.telegraph.co.uk

Domestic abuse victim wins legal challenge against policy denying her right to compensation – The Independent

Posted July 25th, 2018 in child abuse, criminal injuries compensation, domestic violence, human rights, news by sally

‘A woman who suffered serious abuse at the hands of her stepfather has won a legal challenge against a policy which denies some victims the right to compensation. The Court of Appeal ruled on Tuesday that the so-called “same-roof” rule, which denies compensation to domestic abuse victims who lived in the same home as their attacker before 1979, was “incompatible” with human rights laws.’

Full Story

The Independent, 24th July 2018

Source: www.independent.co.uk

Female offenders should be sent to support centres not prison, says report – The Independent

Posted July 25th, 2018 in detention, news, prisons, women by sally

‘Female offenders should be sent to support centres rather than prison because they are normally far less dangerous than their male counterparts, a report has suggested.’

Full Story

The Independent, 24th July 2018

Source: www.independent.co.uk

Police facial recognition system faces legal challenge – BBC News

Posted July 25th, 2018 in closed circuit television, facial mapping, human rights, news, police by sally

‘A legal challenge against the use of automatic facial recognition technology by police has been launched by a civil liberties group.’

Full Story

BBC News, 25th July 2018

Source: www.bbc.co.uk

Government accused of ‘undermining access to justice’ with closure of seven more courts in England – The Independent

Posted July 25th, 2018 in budgets, civil justice, courts, criminal justice, news by sally

‘The government is closing seven more courts in England to save money, despite warnings that the move will “undermine local access to justice”.’

Full Story

The Independent, 24th July 2018

Source: www.independent.co.uk

London’s black-cab drivers consider suing Uber for £1bn – The Guardian

Posted July 25th, 2018 in compensation, licensing, London, news, taxis by sally

‘London’s black-cab drivers are considering legal action against Uber with potential plans to sue the US ride-hailing service for more than £1bn over their loss of earnings.’

Full Story

The Guardian, 24th July 2018

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 24th, 2018 in legislation by sally

The New Towns Act 1981 (Local Authority Oversight) Regulations 2018

The Cross-border Railway Services (Working Time) (Amendment) (EU Exit) Order 2018

The Social Workers Regulations 2018

The Wales Act 2014 (Commencement No. 2) Order 2018

The Official Statistics Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 24th, 2018 in law reports by sally

Court of Appeal (Civil Division)

JT v First-Tier Tribunal [2018] EWCA Civ 1735 (24 July 2018)

Hislop v Perde [2018] EWCA Civ 1726 (23 July 2018)

Shagang Shipping Company Ltd v HNA Group Company Ltd [2018] EWCA Civ 1732 (23 July 2018)

High Court (Administrative Court)

Simonis, R (On the Application Of) v Arts Council England [2018] EWHC 1822 (Admin) (23 July 2018)

High Court (Commercial Court)

Bv Nederlandse Industrie Van Eiprodukten v Rembrandt Enterprises, Inc. [2018] EWHC 1857 (Comm) (24 July 2018)

General Dynamics United Kingdom Ltd v The State of Libya [2018] EWHC 1912 (Comm) (20 July 2018)

Source: www.bailii.org

Outlawing caste discrimination – the Government says “No” – Law & Religion UK

Posted July 24th, 2018 in employment tribunals, human rights, news, race discrimination by sally

‘In 2013, s.9(5)(a) of the Equality Act 2010 was amended to impose a duty to introduce specific legal protection to make caste an aspect of race for the purposes of the Act: it currently reads. “[A Minister of the Crown] must by order amend this section so as to provide for caste to be an aspect of race”. The Government contended, however, that the subsequent Employment Appeal Tribunal judgment in Chandhok & Anor v Tirkey [2014] UKEAT 0190/14/1912 “established that many of the facts relevant in considering caste in many of its forms might be equally capable of being considered as part of a person’s ethnic origins, which is already part of the existing race provisions within the Act”.’

Full Story

Law & Religion UK, 24th July 2018

Source: www.lawandreligionuk.com

Financial regulator mulls ‘duty of care’ and new damages regime – OUT-LAW.com

Posted July 24th, 2018 in consultations, consumer protection, damages, duty of care, financial regulation, news by sally

‘The FCA is seeking views on whether there is a need for a new customer “duty of care” or “fiduciary duty”, or whether the existing rules already provide sufficient protections for consumers. It is also seeking views on a new right for consumers to seek private damages against firms which have breached the new duty or the regulatory principles set out in the FCA Handbook, particularly the requirement to “treat customers fairly”.’

Full Story

OUT-LAW.com, 23rd July 2018

Source: www.out-law.com

Vicarious liability: Banking on bright lines – UK Human Rights Blog

Posted July 24th, 2018 in banking, medical treatment, news, sexual offences, vicarious liability by sally

‘A bank requires its would-be recruits and some of its existing employees to undergo a medical. It sends them to the home of one particular, self-employed doctor. There, they undergo a medical examination, unaccompanied by anyone from the bank. The doctor completes the bank’s proforma examination form, headed with its logo and entitled “Barclays Confidential Medical Report”. The form is detailed. It includes sections on chest “Inspiration” and “Expiration”, “Abdomen (including Genito-Urinary System)”. It contains a section for “Female applicants only”, asking whether they have suffered from menstrual or pregnancy disorders. The doctor – Gordon Bates – subsequently dies. A large group of women sue the bank alleging that it is liable for sexual assaults carried out by the doctor during the examinations. The question for the Court of Appeal in Barclays Bank plc v Various Claimants [2018] EWCA Civ 1670 was whether the bank could be vicariously liable.’

Full Story

UK Human Rights Blog, 24th July 218

Source: ukhumanrightsblog.com

Land Registration Act shape up could build on fraud fighting efforts and make conveyancing better for everyone – Law Commission

Posted July 24th, 2018 in bills, conveyancing, fraud, land registration, press releases by sally

‘Property fraudsters could be stopped in their tracks by technical fixes of the law, according to the Law Commission. The independent legal body say HM Land Registry has had to fork out close to £60million in indemnity payments because of fraud over the past decade. As a result, it’s recommending measures to help prevent fraud from taking place in registered land, alongside wider technical changes to the law which will make conveyancing “faster, easier and cheaper for everyone”.’

Full press release

Law Commission, 24th July 2018

Source: www.lawcom.gov.uk/

Transparency report on disruptive and investigatory powers published – Home Office

Posted July 24th, 2018 in intelligence services, investigatory powers, press releases, reports by sally

The government has published the third iteration of its transparency report on the use of disruptive and investigatory powers.’

Full press release

Home Office, 23rd July 2018

Source: www.gov.uk/home-office