BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Guy, R v [2018] EWCA Crim 1393 (21 June 2018)
Hockey, R v [2018] EWCA 1419 Crim (21 June 2018)
High Court (Administrative Court)
Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) (22 June 2018)
High Court (Commercial Court)
Vitol E&P Ltd v New Age (African Global Energy) Ltd [2018] EWHC 1580 (Comm) (22 June 2018)
High Court (Queen’s Bench Division)
Birmingham City Council v Persons Unknown [2018] EWHC 1601 (QB) (22 June 2018)
North Warwickshire Borough Council v Persons Unknown [2018] EWHC 1603 (QB) (22 June 2018)
Sheffield City Council v Brooke [2018] EWHC 1540 (QB) (21 June 2018)
Source: www.bailii.org
Tom Hickey: The Republican Core of the Case for Judicial Review – UK Constitutional Law Association
‘Richard Bellamy is right about many things. One of them is that judicial review cannot be defended on the basis of what he calls its “epistemic properties:” on its supposed capacity to bring about better outcomes in disputes about rights. This is because of the fact of reasonable disagreement about rights combined with the fact that the reasons for that disagreement are no less applicable to judges than they are to ordinary citizens. Thus the premise of epistemic cases for judicial review, like those of Rawls and Dworkin, offends democratic principles.’
UK Constitutional Law Association, 25th June 2018
Source: ukconstitutionallaw.org
Government defeated over housing legal aid – Law Society’s Gazette
‘The government’s legal aid reforms suffered a new blow today when a High Court judge quashed controversial changes in the way it procures duty contracts for housing. The court was ruling on a judicial review brought by the Law Centres Network (LCN), heard over two days last month.’
Law Society's Gazette, 22nd June 2018
Source: www.lawgazette.co.uk
NHS trusts win legal challenge over contract award by council to Virgin Care – Local Government Lawyer
‘Two NHS foundation trusts have won a High Court challenge over Lancashire County Council’s decision to award a contract to Virgin Care for the provision of public health and nursing services to children and young people.’
Local Government Lawyer, June 2018
Source: www.localgovernmentlawyer.co.uk
Pimlico’s legacy for self-employed contractors – Law Society’s Gazette
‘The Supreme Court judgment in the Pimlico Plumbers case has been hailed as a victory for workers in the gig economy – and a blow for organisations that rely on large numbers of ‘self-employed’ contractors. In fact, the judgment largely confirms what we already knew – that employment status must be considered on the individual facts of each case and what happens on the ground is more important than the wording of the contract.’
Law Society's Gazette, 25th June 2018
Source: www.lawgazette.co.uk
Chilwell serial rapist found guilty of 24 sex attacks – BBC News
‘A serial rapist has been found guilty of 24 sex attacks, including four counts of rape on a child.’
BBC News, 25th June 2018
Source: www.bbc.co.uk
Law Centres Network wins battle with MoJ over housing legal aid scheme changes – Local Government Lawyer
‘A High Court judge has quashed changes introduced by the Ministry of Justice to the Housing Possession Court Duty Scheme (HPCDS), it has been reported.’
Local Government Lawyer, 22nd June 2018
Source: www.localgovernmentlawyer.co.uk
A very English scandal – New Law Journal
‘Alec Samuels shares his reflections on the legal significance of the Jeremy Thorpe case.’
New Law Journal, 21st June 2018
Source: www.newlawjournal.co.uk
The Fate of the Charter of Fundamental Rights in UK Law After Brexit is Sealed – Oxford Human Rights Hub
‘On Monday in the House of Lords, Lord Pannick withdrew his amendment to the EU Withdrawal Bill retaining the EU Charter as part of the UK’s post-Brexit settlement. With this, the Charter’s fate in UK law post Brexit was sealed. When the UK leaves the EU, the EU Charter will cease to apply. The status of the Charter during the transitional period, whilst the UK is neither in nor out of the EU, is still to be confirmed but it would seem inconceivable that the Charter would not continue to apply during that period.’
Oxford Human Rights Hub, 20th June 2018
Source: ohrh.law.ox.ac.uk
Solicitor unable to cope struck off for backdating letters “to buy time” – Legal Futures
‘A young personal injury solicitor who dishonestly backdated 23 documents to conceal inactivity as she struggled to keep on top of her workload, has been struck off.’
Legal Futures, 25th June 2018
Source: www.legalfutures.co.uk
Student who killed her sister in car crash spared jail after judge rules she has been punished enough – Daily Telegraph
‘The daughter of a driving instructor who killed her teenage sister in a horror crash has been spared jail after a judge accepted no sentence could punish her more than her “incalculable” loss.’
Daily Telegraph, 22nd June 2018
Source: www.telegraph.co.uk
Varying maintenance? What’s the right answer? – Family Law
‘As the summer sunshine continues, so too does the flow of Supreme Court appeals dealing with fundamental family law questions. In the last few weeks, they have looked at extending civil partnerships to straight couples and the modern approach to ‘unreasonable behaviour’ within divorce petitions. The latest issue considered by the UK’s highest court has been maintenance, specifically, the correct approach to varying a maintenance order years after the divorce and financial settlement have been finalised.’
Family Law, 22nd June 2018
Source: www.familylaw.co.uk
Indemnity insurance reforms not worth the risk, cautions ABI – Legal Futures
‘The Solicitors Regulation Authority (SRA) is wrong to assume that premiums will fall as a result of its professional indemnity insurance (PII) reforms, the Association of British Insurers (ABI) has warned.’
Legal Futures, 25th June 2018
Source: www.legalfutures.co.uk
Uber’s appeal over London licence ban begins – The Guardian
‘Uber’s appeal against the decision not to renew its licence in London will begin on Monday.’
The Guardian, 25th June 2018
Source: www.theguardian.com
High Court refuses bid for gender-neutral passports – BBC News
‘A campaigner has lost a High Court challenge calling on the government to provide gender-neutral passports.’
BBC News, 22nd June 2018
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ardmore Construction Ltd v Revenue And Customs [2018] EWCA Civ 1438 (21 June 2018)
S (A Child), Re [2018] EWCA Civ 1453 (21 June 2018)
Kilraine v London Borough of Wandsworth [2018] EWCA Civ 1436 (21 June 2018)
Gempride Ltd v Bamrah & Anor [2018] EWCA Civ 1367 (21 June 2018)
A P Racing Ltd v Alcon Components Ltd [2018] EWCA Civ 1420 (21 June 2018)
High Court (Chancery Division)
OO v AB & Ors [2018] EWHC 1488 (Ch) (21 June 2018)
McCallum-Toppin & Anor v McCallum-Toppin & Ors [2018] EWHC 1562 (Ch) (21 June 2018)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Burki v Seventy Thirty Ltd & Ors [2018] EWHC 1570 (QB) (21 June 2018)
Ardron v Sussex Partnership NHS Foundation Trust [2018] EWHC 1535 (QB) (18 June 2018)
High Court (Technology and Construction Court)
Imperial Chemical Industries Ltd v Merit Merrell Technology Ltd [2018] EWHC 1577 (TCC) (21 June 2018)
Government ratifies Lanzarote Convention to tackle child sexual exploitation – Law & Religion UK
‘The UK government has issued the following announcement on its ratification of the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse (a.k.a. “the Lanzarote Convention”).’
Law & Religion UK, 21st June 2018
Source: www.lawandreligionuk.com
Grove v S&T cited as court dismisses winding up petition (Chancery Division) – Practical Law: Construction Blog
‘In Victory House General Partner Ltd, Re A Company [2018] EWHC 1143 (Ch), the court dismissed a party’s winding-up petition as the employer’s cross-claim was bona fide and the debt was disputed on substantial grounds.’
Practical Law: Construction Blog, 22nd June 2018
Slamming the door on system failure in medical negligence inquests – Jeremy Hyam QC – UK Human Rights Law Blog
‘R (Parkinson) v. HM Senior Coroner for Kent and Others. If anyone had the lingering hope that the door to argue “system failure” in any but the most exceptional case of medical negligence remained ajar after the decision of the Grand Chamber in Lopes de Sousa, then the recent Divisional Court decision in Parkinson shows the door has been well and truly slammed shut.’
UK Human Rights Law Blog, 19th June 2018
Source: ukhumanrightsblog.com
