BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Thompson v Thompson [2018] EWHC 1338 (Ch) (01 June 2018)
High Court (Commercial Court)
Triple Seven Msn 27251 Ltd & Anor v Azman Air Services Ltd [2018] EWHC 1348 (Comm) (05 June 2018)
High Court (Queen’s Bench Division)
Hewes v West Hertfordshire Hospitals NHS Trust & Ors [2018] EWHC 1345 (QB) (05 June 2018)
Source: www.bailii.org
Court uses correspondence to clarify settlement wording – OUT-LAW.com
‘Companies and lawyers must be clear and unambiguous when drafting settlement agreements, a court ruling has reminded them. A liquidator had to drop some claims after a court used correspondence to clarify exactly what was meant by the phrase “whole of the claim” in a compromise agreement. The ruling does not affect the liquidator’s claim against another person because she was not mentioned in the correspondence.’
OUT-LAW.com, 5th June 2018
Source: www.out-law.com
I was re-reading the Ikarian Reefer only last week – Practical Law: Construction Blog
‘Sometimes the old cases are the best ones and that surely has to be true of the Ikarian Reefer. Even now, over 25 years since the judgment at first instance was handed down (and countless other pieces of guidance have been published) we still see experts getting it wrong.’
Practical Law: Construction Blog, 5th June 2015
FCA unveils beefed-up regulatory regime for claims management companies – Legal Futures
‘The Financial Conduct Authority (FCA) has set out the more stringent regime it intends to apply to claims management companies (CMCs) when it takes over their regulation on 1 April 2019.’
Legal Futures, 6th June 2018
Source: www.legalfutures.co.uk
Supreme Court to hear Darnley appeal in A&E receptionist case – Law Society’s Gazette
‘The Supreme Court will look again this week at a case that split the Court of Appeal and was widely felt to have serious implications for clinical negligence law. Justices will hear the appeal in Darnley v Croydon Health Services NHS Trust after a challenge from the paralysed claimant was dismissed by majority in the Court of Appeal last year.’
Law Society's Gazette, 6th June 2018
Source: www.lawgazette.co.uk
Buckingham Palace worker jailed for having more than 15,000 child sex abuse pictures – The Independent
‘A Buckingham Palace tourist worker had more than 15,000 child sex abuse pictures and videos – including some as young as 18 months old.’
The Independent, 6th June 2018
Source: www.independent.co.uk
TSB investigated over IT meltdown – BBC News
‘A computer failure at TSB that caused up to 1.9 million people to lose access to online banking services is being investigated by the financial regulator.’
BBC news, 6th June 2018
Source: www.bbc.co.uk
High Court backs NHS decision to stop funding homeopathy – Daily Telegraph
‘A decision to stop NHS funding for homeopathy has been upheld by a High Court judge. The British Homeopathic Association (BHA) brought a legal challenge against NHS England’s decision, made in November last year, to stop paying the £92,000 annual cost of homeopathic remedies. But, following a four-day hearing in London in May, Mr Justice Supperstone dismissed the BHA’s case in a ruling on Tuesday.’
Daily Telegraph, 5th June 2018
Source: www.telegraph.co.uk
Doctor can return to work after causing decapitation of baby in mother’s womb, tribunal rules – The Independent
‘A doctor who caused a baby to be decapitated during birth has been cleared of misconduct and can return to work.’
The Independent, 6th June 2018
Source: www.independent.co.uk
Determination of preliminary points of law by courts in arbitration and adjudication – Practical Law: Construction Blog
‘The Palladium is a mighty fine looking “superyacht”. It is an impressive 95 metres long and has all the features one would expect on such a luxury craft, including a helicopter landing pad and swimming pool. A Google search suggests that the yacht is worth circa $200 million, so one can see that a defect in the paint finish would be costly to rectify. It is this defect that ultimately led the parties to an arbitration, for which a five-week hearing was set.
The case ended up before the court because, during the arbitration, an issue arose as to whether the yacht builder’s without prejudice settlement offer had been accepted by the purchaser in correspondence. The purchaser contended that a binding settlement had been reached, which the builder denied.’
Practical Law: Construction Blog, 29th May 2018
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Bass v Ministry of Defence [2018] EWHC 1297 (QB) (05 June 2018)
High Court (Patents Court)
Edwards Lifesciences LLC v Boston Scientific Scimed Inc [2018] EWHC 1256 (Pat) (24 May 2018)
Source: www.bailii.org
Drug offences: Assessment of guideline – Sentencing Council
‘The Sentencing Council has published its assessments of the impact of its drug offences guideline on sentencing trends, under its statutory duty to monitor the operation and effect of its sentencing guidelines and to draw conclusions from this information.’
Sentencing Council, 1st June 2018
Men jailed for Formula One tax relief scam – Crown Prosecution Service
‘Four men who set up a filming company to claim fraudulent tax rebates worth more than £2million from Her Majesty’s Revenue and Customs (HMRC) have been sentenced today (4 June).’
Crown Prosecution Service, 4th June 2018
Source: www.cps.gov.uk
CPS publishes outcome of sexual offences review – Crown Prosecution Service
‘The Crown Prosecution Service (CPS) has today (5 June) published the outcome of its review of rape and serious sexual offences (RASSO) cases.’
Crown Prosecution Service, 5th June 2018
Source: www.cps.gov.uk
Speech by President of the Family Division, Sir James Munby: What is family law? – Securing social justice for children and young people – Courts & Tribunals Judiciary
‘Speech by President of the Family Division, Sir James Munby: What is family law? – Securing social justice for children and young people.’
Courts & Tribunals Judiciary, 31st May 2018
Source: www.judiciary.uk
John Bercow will not be investigated over ‘stupid woman’ row – The Guardian
‘John Bercow, the Speaker of the House of Commons, will not be investigated by the standards watchdog over allegations that he described the cabinet minister Andrea Leadsom as a “stupid woman”.’
The Guardian, 4th June 2018
Source: www.theguardian.com