Churchyard memorials which cause affront and offence – Law and Religion UK
‘Although it is always open for a person who wishes to introduce a memorial, or to modify an existing one, to submit a petition to the consistory court, in Re Holy Trinity Drayton Parslow [2018] ECC Oxf 3* permission was refused inter alia as it was deemed that the proposed alteration would be an affront and offence to the parishioners.’
Law and Religion UK, 11th July 2018
Source: www.lawandreligionuk.com
Late and late again – intentional homelessness and benefit claims – Nearly Legal
‘Oduneye v Brent London Borough Council (2018) EWCA Civ 1595. This was a second appeal from a s.204 appeal on Brent’s decision that Ms O was intentionally homeless. Ms O was in person. She had sought an adjournment to seek legal representation but this was a fortnight before the hearing and refused on the basis that she had known of the appeal hearing since permission on 21 October 2017.’
Nearly Legal, 10th July 2018
Source: nearlylegal.co.uk
Appeals on a point of law in arbitration and adjudication – Practical Law: Construction Blog
‘One of the recurring themes on this blog is looking at what happens in arbitration and drawing parallels with what happens in adjudication. It is something that really interests me as I act as both adjudicator and arbitrator. This week is no different and I am looking at the judgment in Fehn Schiffahrts GmbH & Co KG v Romani SPA, where the Commercial Court allowed an appeal on a point of law under section 69 of the Arbitration Act 1996 and remitted the award back to the three-person tribunal.’
Practical Law: Construction Blog, 10th July 2018
Justice Secretary launches fresh crackdown on crime in prison – speech – Ministry of Justice
‘Justice Secretary launches fresh crackdown on crime in prison – speech.’
Ministry of Justice, 10th July 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
Council not required to disclose advice of independent person: Tribunal – Local Government Lawyer
‘Stratford-on-Avon District Council need not disclose advice given by an independent person in a case over a councillor’s conduct, the First-Tier Tribunal (FTT) has said.’
Local Government Lawyer, 10th July 2018
Source: www.localgovernmentlawyer.co.uk
Stand by your man? The clash of criminal law and family law concerning inter-spousal transfers of assets – Family Law
‘The judgment of the Court of Appeal in R v Hayes [2018] EWCA 682 is a stark and unsettling reminder of how occasionally a family court and a criminal court may deliver contradictory judgments on the same facts.’
Family Law, 11th July 2018
Source: www.familylaw.co.uk
Costs judge applies ‘wider criteria’ in proportionality dispute – Law Society’s Gazette
‘A costs judge has refused to pare a defendant’s costs after finding she should not have to bear the consequences of the claimant’s conduct.’
Law Society's Gazette, 10th July 2018
Source: www.lawgazette.co.uk
Inquiry condemns school that barred A-level pupils – The Guardian
‘An independent inquiry into a top grammar school, which was revealed by a Guardian investigation to be forcing out pupils who were unlikely to get top grades at A-level, has delivered a damning report accusing the school of illegally treating its students as “collateral damage” in the pursuit of its own interests.’
The Guardian, 10th July 2018
Source: www.theguardian.com
MPs want new watchdog to root out research misconduct – The Guardian
‘A national watchdog that has the power to punish British universities for failing to tackle research misconduct is needed to ensure that sloppy practices and outright fraud are caught and dealt with fast, MPs say.’
The Guardian, 11th July 2018
Source: www.theguardian.com
Mother and grandmother found guilty of killing teenager ‘left to rot to death’ in bed – The Independent
‘The mother and grandmother of a teenager who died after being “left to rot to death” on an inflatable mattress at their house in Leeds have been convicted of manslaughter.’
The Independent, 10th July 2018
Source: www.independent.co.uk
Facebook fined for data breaches in Cambridge Analytica scandal – The Guardian
‘Facebook is to be fined £500,000, the maximum amount possible, for its part in the Cambridge Analytica scandal, the information commissioner has announced.’
The Guardian, 11th July 2018
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
London & Ilford Ltd v Sovereign Property Holdings Ltd [2018] EWCA Civ 1618 (10 July 2018)
Court of Appeal (Criminal Division)
Butt v R [2018] EWCA Crim 1617 (10 July 2018)
Jones v R [2018] EWHC Crim 1599 (06 July 2018)
High Court (Administrative Court)
High Court (Chancery Division)
Robinson v EMW Law LLP [2018] EWHC 1757 (Ch) (10 July 2018)
High Court (Family Division)
The Child and Family Agency (Ireland) v M & Ors [2018] EWHC 1581 (Fam) (22 June 2018)
High Court (Patents Court)
Koninklijke Philips NV v Asustek Computer Inc. & Ors [2018] EWHC 1732 (Pat) (10 July 2018)
Court (Queen’s Bench Division)
JXA v Kettering General Hospital NHS Foundation Trust [2018] EWHC 1747 (QB) (09 July 2018)
Atha & Co Solicitors v Liddle [2018] EWHC 1751 (QB) (09 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
Court of Justice finds UK transgender state pension law discriminatory – Family Law
‘Pensions analysis: A ruling by the Court of Justice of the European Union in MB v Secretary of State for Work and Pensions Case C-451/16 [2018] All ER (D) 135 (Jun) that EU law precludes UK legislation which requires a woman who had previously been a married man to be no longer married to a woman in order to be able to claim a state retirement pension as from the statutory pensionable age applicable to women is examined by Dr Christopher Stothers, a partner at Freshfields Bruckhaus Deringer. This case has significant implications on how countries recognise changes to gender.’
Family Law, 10th July 2018
Source: www.familylaw.co.uk
Court finds abuse of process did not affect limitation period – Law Society’s Gazette
‘The High Court has decided not to strike out a claim where an incorrect fee was paid days before the limitation period ended.’
Law Society's Gazette, 10th July 2018
Source: www.lawgazette.co.uk
Five lawyers including two solicitors appointed High Court judges – Local Government Lawyer
‘Five new High Court judges have been approved this week following elevations to the Court of Appeal and confirmed retirements.’
Local Government Lawyer, 9th July 2018
Source: www.localgovernmentlawyer.co.uk
High Court quashes village green registration over ‘trigger event’ – Local Government Lawyer
‘The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.’
Local Government Lawyer, 9th July 2018
Source: www.localgovernmentlawyer.co.uk
