BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Monington, R v [2018] EWCA Crim 2016 (05 September 2018)
Seccombe, R v [2018] EWCA Crim 2017 (04 September 2018)
Williams, R v [2018] EWCA Crim 1986 (31 August 2018)
High Court (Chancery Division)
Autogas (Europe) Ltd v Ochocki & Ors [2018] EWHC 2345 (Ch) (07 September 2018)
Source: www.bailii.org
Money can’t buy me love: Court of Appeal overturns non-party costs order – Litigation Futures
‘A High Court judge was wrong to order a non-party costs order (NPCO) where the respondent had not been warned that the applicant was going to seek one, the Court of Appeal has ruled.’
Litigation Futures, 10th September 2018
Source: www.litigationfutures.com
EHRC launches legal aid inquiry after damning justice report – Legal Futures
‘A catalogue of disastrous consequences has followed a reduction in the scope of legal aid, including debt from high lawyers’ fees, possible ill-informed judicial decisions, and knock-on costs for other parts of the public sector, according to new research.’
Legal Futures, 10th September 2018
Source: www.legalfutures.co.uk
Speech by The Right Hon. The Lord Burnett of Maldon: Becoming Stronger Together – Courts and Tribunals Judiciary
‘Speech by The Right Hon. The Lord Burnett of Maldon: Becoming Stronger Together.’
Courts and Tribunals Judiciary, 10th September 2018
Source: www.judiciary.uk
Home Office proposes extending stop and search powers – Home Office
‘The consultation proposes extending powers so that police can stop and search individuals carrying corrosive substances in public without good reason.’
Home Office, 9th September 2018
Source: www.gov.uk/home-office
Justice Secretary unveils Victims Strategy – Ministry of Justice
‘Support for victims of crime will be overhauled following the launch of the first ever cross-government Victims Strategy.’
Ministry of Justice, 10th September 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
Miscarriage of justice body’s funding cuts criticised as workload grows – The Guardian
‘Government funding of the Criminal Cases Review Commission, the last hope for people battling miscarriages of justice, has come under attack as the number applications rises steeply.’
The Guardian, 9th September 2018
Source: www.theguardian.com
Victims of major disasters like Hillsborough and Grenfell to receive extra support under new strategy – The Independent
‘Victims of major disasters like the Grenfell Tower fire and Hillsborough will be given extra support so their voices can be heard, under plans announced by the government.
It is consulting on the creation of an “independent public advocate”, who would guide bereaved families through the investigative process and inquests, keep them informed and ensure that they receive help.’
The Independent, 10th September 2018
Source: www.independent.co.uk
Landlords told to remove Grenfell-style cladding or face action – The Guardian
‘Landlords must remove dangerous, Grenfell Tower-style cladding from their buildings or face enforcement action, the government has warned. The communities secretary, James Brokenshire, has written to about 60 building owners and developers, including some of the UK’s biggest property firms, explaining the actions they must take to avoid penalties.’
The Guardian, 14th September 2018
Source: www.theguardian.com
Westminster terror attack: Victims’ inquest to begin – BBC News
‘An inquest into the deaths of the five people killed in the Westminster terror attack is due to start later.’
BBC News, 10th September 2018
Source: www.bbc.co.uk
Met police dropped 30,000 criminal investigations in first 24 hours last year – The Guardian
‘The Metropolitan police are increasingly dropping investigations into serious crimes such as sexual offences, violent attacks and arson within hours of them being reported, the Guardian can reveal.’
The Guardian, 9th September 2018
Source: www.theguardian.com
Sexual assaults in women’s prison reignite debate over transgender inmates – The Guardian
‘A leading prison reformer has said prisoners who have committed violent offences against women should not be able to transfer to women’s prisons if they have not legally changed their gender, after it emerged that a transgender inmate had sexually assaulted fellow prisoners after transferring to a women’s prison.’
The Guardian, 9th September 2018
Source: www.theguardian.com
Child arrests plummet by 68% across England and Wales since 2010 – The Independent
‘Arrests of children have plummeted by more than two-thirds across England and Wales since 2010 as police work to put fewer young people behind bars, research has found.’
The Independent, 10th September 2018
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Vik v Deutsche Bank AG [2018] EWCA Civ 2011 (06 September 2018)
Sky Plc & Ors v Skykick, UK Ltd & Anor [2018] EWCA Civ 2004 (06 September 2018)
Sony/ATV Music Publishing LLC & Anor v WPMC Ltd & Anor [2018] EWCA Civ 2005 (06 September 2018)
High Court (Administrative Court)
High Court (Chancery Division)
Gregory & Anor v Moore & Ors [2018] EWHC 2343 (Ch) (06 September 2018)
Source: www.bailii.org
Change to evidential standard could lead to more suicide verdicts – OUT-LAW.com
‘A recent decision on the evidential standard of proof required for a coroner or jury to return a conclusion of suicide could lead to an increased number of “suicide” conclusions being upheld, and a change in the rules surrounding the burden of proof applied at inquests in the future.’
OUT-LAW.com, 7th September 2018
Source: www.out-law.com
Finnian Clarke: The Worboys Parole Board Decision: Right Outcome, Wrong Reasons – UK Constitutional Law Association
‘The decision of the Divisional Court in the matter of R (DSD and NVB) v Parole Board of England and Wales, or the “Worboys Parole Board” case, was described by the Court as “wholly exceptional”, [3]. The Court, comprising Sir Brian Leveson, Mr Justice Jay and Mr Justice Garnham, quashed the decision of the Parole Board to release John Worboys, the “black cab rapist”. However, the “exceptional” nature of the case and its facts led the court into some rather tortured reasoning that undermines the structure and integrity of UK public law substantive review. The decision not to let Worboys, now known as John Radford, onto the streets after 9 years imprisonment likely represented the correct outcome, but the way the court got to this conclusion will make life notably more difficult for Parole Boards in exercising their duties in future. Such an outcome is all the more frustrating since the Divisional Court had a perfectly workable alternative means to securing this outcome: through the use of the “Public Sector Equality Duty” (PSED) found in s.149 of the Equality Act 2010.’
UK Constitutional Law Association, 7th September 2018
Source: ukconstitutionallaw.org
Harmony at the price of principle: the impact of Mercato Sports (UK) Limited & McKay v Everton FC [2018] EWHC 1567 (Ch) (“Mercato”) – Sports Law Bulletin from Blackstone Chambers
‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’
Sports Law Bulletin from Blackstone Chambers , 6th September 2018
Source: www.sportslawbulletin.org
Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers
‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’
Competition Bulletin from Blackstone Chambers, 7th September 2018
Source: competitionbulletin.com
