BAILII: Recent Decisions
Court of Appeal (Civil Division)
FPH Law (a firm) v Brown (t/a Integrum Law) [2018] EWCA Civ 1629 (16 July 2018)
High Court (Administrative Court)
Page, R (On the Application Of) v Darlington Borough Council [2018] EWHC 1818 (Admin) (16 July 2018)
M B v Preliminary Investigation Tribunal of Napoli, Italy [2018] EWHC 1808 (Admin) (16 July 2018)
High Court (Queen’s Bench Division)
Sherratt v Chief Constable of Greater Manchester Police [2018] EWHC 1746 (QB) (16 July 2018)
High Court (Technology and Construction Court)
Castle Trustee Ltd & Ors v Bombay Palace Restaurant Ltd [2018] EWHC 1602 (TCC) (06 July 2018)
Source: www.bailii.org
Judge rules residence qualification in allocation policy of council to be unlawful – Local Government Lawyer
‘A residence qualification set by Hillingdon Council stating that only households with at least 10 years’ continuous residence in-borough could qualify to join the three-welfare-based bands of its housing register was unlawful, a High Court judge has ruled.’
Local Government Lawyer, 16th July 2018
Source: www.localgovernmentlawyer.co.uk
Lawyers could be forced to share notes of hearings with litigants in person – Litigation Futures
‘A new rule giving judges the power to order lawyers to share notes of hearings with litigants in person is being proposed by the Ministry of Justice (MoJ). Another new rule would put the parties under an explicit obligation to disclose to the other side communications with the court.’
Litigation Futures, 17th July 2018
Source: www.litigationfutures.com
Whiplash reforms delayed a year to April 2020 – Legal Futures
‘Implementation of the government’s whiplash reforms is to be delayed by a year to April 2020, the Ministry of Justice (MoJ) has announced.’
Legal Futures, 17th July 2018
Source: www.legalfutures.co.uk
Judicial Protocol update: Expedition of Cases Involving Witnesses Under 10 Years – Courts and Tribunals Judiciary
‘A Protocol between The National Police Chiefs’ Council, The Crown Prosecution Service and Her Majesty’s Courts & Tribunals Service to Expedite Cases Involving Witnesses Under 10 Years.’
Courts and Tribunals Judiciary, 13th July 2018
Source: www.judiciary.uk
Daughters in legal bid for House of Lords seat rights – BBC News
‘Five daughters of hereditary peers are to challenge a law that stops them from being elected to the House of Lords. They are taking the government to the European Court of Human Rights in a bid to end the system of male primogeniture which has resulted in almost all titles being passed to male heirs.’
BBC News, 16th July 2018
Source: www.bbc.co.uk
Safestyle UK: Window firm fined for ‘aggressive sales’ – BBC News
‘A double-glazing windows and doors firm which used aggressive sales techniques and lied to customers to secure sales has been fined £120,000. Sheffield Crown Court heard Safestyle UK employees used a variety of “unlawful business practices” to apply pressure to homeowners.
BBC News, 16th July 2018
Source: www.bbc.co.uk
ICC crime of aggression comes into effect without key signatories – The Guardian
‘A crime of aggression, under which politicians and military leaders can be held individually responsible for invasions and other major attacks, comes into force at the international criminal court, reviving global legal powers last exercised at the Nuremburg and Tokyo war crimes trials of the 1940s. Claims alleging that armed force has been used against the “sovereignty, territorial integrity or political independence” of another state can, from Tuesday, be taken to the tribunal in The Hague.’
The Guardian, 17th July 2018
Source: www.theguardian.com
Failure to enforce law means older workers face discrimination – report – The Guardian
‘Government ministers and Britain’s equalities watchdog are failing to save more than a million older workers from discrimination, bias and outdated employment practices, according to a group of MPs. In a highly critical report for the government, the women and equalities committee said the talents of older workers were going to waste because too little was being done to enforce discrimination law.’
The Guardian, 17th July 2018
Source: www.theguardian.com
Editing human embryos ‘morally permissible’ – BBC News
‘An inquiry into the ethical issues surrounding genetically altering a human embryo has found there is “no absolute reason not to pursue it”. But appropriate measures must be put in place before it becomes UK law, said the report – which calls for further research both medically and socially.’
BBC News, 17th July 2018
Source: www.bbc.co.uk
Rape and domestic violence victims at risk as police fail to record tens of thousands of crimes, watchdog finds – The Independent
‘Victims are being left at risk by the police’s failure to investigate tens of thousands of crimes, including rape, violence and domestic abuse, a watchdog has warned.HM Inspectorate of Constabulary (HMIC) found that almost one in five crimes reported to Lincolnshire Police were not being formally recorded, meaning they are not investigated and victims cannot access support.’
The Independent, 17th July 2018
Source: www.independent.co.uk
Alex Salmond Show tweets misled audience, says watchdog Ofcom – BBC News
‘The Alex Salmond Show on Kremlin-backed TV channel RT breached broadcasting rules, media watchdog Ofcom has ruled. The regulator investigated “audience tweets” used in the former Scottish first minister’s show on the Russian broadcaster, which aired last year. It found they were presented as having come from viewers, but most were posted by people working on the programme.’
BBC News, 16th July 2018
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd & Ano [2018] EWCA Civ 1660 (13 July 2018)
Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641 (13 July 2018)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Commercial Court)
Single Buoy Moorings Inc v Aspen Insurance UK Ltd [2018] EWHC 1763 (Comm) (13 July 2018)
Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) (13 July 2018)
PAO Tatneft v Ukraine [2018] EWHC 1797 (Comm) (13 July 2018)
Source: www.bailii.org
What’s another decade? – Nearly Legal
‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’
Nearly Legal, 15th July 2018
Source: nearlylegal.co.uk
Facing up to it – Nearly Legal
‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’
Nearly Legal, 15th July 2018
Source: nearlylegal.co.uk
Rulings clarify scope of employers’ disability duties – OUT-LAW.com
‘ Doing the right thing by disabled employees may require more than mere compliance with the minimum requirements set out in equalities law.’
OUT-LAW.com, 13th July 2018
Source: www.out-law.com
To re-score or not to re-score: procurement challenge of health care services tender – Practical Law: Construction Blog
‘Stuart-Smith J’s judgment in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council provides helpful guidance on how not to conduct moderation meetings and highlights the defendant’s failure to provide adequate reasons for its decision making. What it does not provide is a finding on who deserved to win the contract.’
Practical Law: Construction Blog, 16th July 2018
