BAILII: Recent Decisions

Posted April 19th, 2018 in law reports by sally

Supreme Court

Morris-Garner & Anor v One Step (Support) Ltd [2018] UKSC 20 (18 April 2018)

Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd [2018] UKSC 21 (18 April 2018)

Court of Appeal (Civil Division)

Openwork Ltd v Forte [2018] EWCA Civ 783 (18 April 2018)

C (Children : Fact-Finding) [2018] EWCA Civ 801 (18 April 2018)

The Corporation of Trinity House of Deptford Strond v 4-6 Trinity Church Square Freehold Ltd [2018] EWCA Civ 764 (18 April 2018)

HM Customs and Revenue v Raftopoulou [2018] EWCA Civ 818 (18 April 2018)

High Court (Chancery Division)

Proles v Kohli [2018] EWHC 767 (Ch) (17 April 2018)

High Court (Commercial Court)

Lord Ltd v HSBC Bank Plc [2018] EWHC 860 (Comm) (18 April 2018)

High Court (Family Division)

Alder Hey Children’s NHS Foundation Trust v Evans & Ors [2018] EWHC 818 (Fam) (11 April 2018)

High Court (Queen’s Bench Division)

Heeds v Cleveland Police & Anor [2018] EWHC 810 (QB) (18 April 2018)

High Court (Technology and Construction Court)

Cleveland Bridge UK Ltd v Sarens (UK) Ltd [2018] EWHC 827 (TCC) (18 April 2018)

Colas Ltd & Ors v Transport for London [2018] EWHC 831 (TCC) (18 April 2018)

Source: www.bailii.org

Court of Protection approves administration of medication by deception – Family Law

Posted April 19th, 2018 in Court of Protection, medical ethics, medicines, news by sally

‘Private Client analysis: Alex Ruck Keene, barrister, of 39 Essex Chambers, examines the decision of the Court of Protection in Re AB [2016] EWCOP 66 to approve deceiving a person lacking mental capacity in order to administer her medication.’

Full Story

Family Law, 19th April 2018

Source: www.familylaw.co.uk

Employment tribunal vindicates law firm’s denial that former employee was disabled – Legal Futures

‘A judge has dismissed a claim by a law firm paralegal that he was the victim of disability discrimination, finding he had “dishonestly” altered a document about his medical condition and that, in any case, he had not told his employer about his supposed post-traumatic stress disorder.’

Full Story

Legal Futures, 18th April 2018

Source: www.legalfutures.co.uk

Redvers Bickley jailed for life for killing housemate Tyler Denton – BBC News

Posted April 19th, 2018 in murder, news, sentencing by sally

‘A man who killed his housemate and stabbed three members of her family has been sentenced to life in prison.’

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BBC News, 18th April 2018

Source: www.bbc.co.uk

Rotherham council told to apologise to abuse whistleblower – The Guardian

‘Rotherham council has been ordered to apologise to a whistleblower who helped to expose the town’s grooming scandal after council officials raided her charity without proper explanation – years after she risked imprisonment by revealing how the council, police and social services turned a blind eye to the abuse of at least 1,400 children.’

Full Story

The Guardian, 18th April 2018

Source: www.theguardian.com

Ofcom opens seven investigations into Russia Today – BBC News

Posted April 19th, 2018 in media, news, ombudsmen by sally

‘Ofcom has opened seven investigations into Russia Today, in light of the Salisbury nerve agent attack which took place in March.’

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BBC News, 18th April 2018

Source: www.bbc.co.uk

The police told Stephen Lawrence’s family they’d changed. We were fooled – Imran Khan – The Guardian

Posted April 19th, 2018 in London, media, news, police, racism by sally

‘I’ve represented Doreen Lawrence since her son’s murder. The attack on her by a former detective in a BBC documentary makes us feel betrayed about the Met’s attitude to racism.’

Full Story

The Guardian, 18th April 2018

Source: www.theguardian.com

Litigant’s claim struck out for discussing case during break in giving evidence – a cautionary tale – Transparency Project

Posted April 19th, 2018 in appeals, BBC, employment tribunals, evidence, media, news, striking out, witnesses by sally

‘It’s one of the cardinal rules of court procedure: once you’ve entered the witness box and started to give evidence, you mustn’t discuss the case with anyone outside court, if there’s a break in the proceedings, until you’ve finished giving evidence.’

Full Story

Transparency Project, 15th April 2018

Source: www.transparencyproject.org.uk

Daryll Rowe jailed for infecting men with HIV – BBC News

Posted April 19th, 2018 in grievous bodily harm, health, HIV, news, sentencing by sally

‘A man who said he was “riddled” with HIV and convicted of trying to infect 10 men has been jailed for life with a minimum term of 12 years.’

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BBC News, 18th April 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 19th, 2018 in legislation by sally

The Local Land Charges Fees (England) Rules 2018

The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) Regulations 2018

The Pollution Prevention and Control (Designation of the Medium Combustion Plant Directive) (Offshore) Order 2018

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 18th, 2018 in law reports by sally

Court of Appeal (Civil Division)

AP Moller-Maersk A/S (t/a Maersk Line) v Kyokuyo Ltd [2018] EWCA Civ 778 (17 April 2018)

Rotrust Nominees Ltd v Hautford Ltd [2018] EWCA Civ 765 (17 April 2018)

Revenue And Customs v Newey (t/a Ocean Finance) [2018] EWCA Civ 791 (17 April 2018)

Loson v Stack & Anor [2018] EWCA Civ 803 (17 April 2018)

Leibson Corporation & Ors v TOC Investments Corporation & Ors [2018] EWCA Civ 763 (17 April 2018)

Secretary of State for the Home Department v Barry [2018] EWCA Civ 790 (17 April 2018)

Green v Mears Ltd [2018] EWCA Civ 751 (17 April 2018)

DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 (17 April 2018)

Evans & Anor v Alder Hey Children’s NHS Foundation Trust & Anor [2018] EWCA Civ 805 (16 April 2018)

Recorded Picture Company Ltd v Alfama Films Production & Anor [2018] EWCA Civ 767 (13 April 2018)

Court of Appeal (Criminal Division)

Ahmed, R, v [2018] EWCA Crim 739 (17 April 2018)

High Court (Administrative Court)

Connor & Ors v Public Prosecutor’s Office Augsburg, Germany [2018] EWHC 829 (Admin) (17 April 2018)

High Court (Chancery Division)

Pennant v Watkin Jones & Sons Ltd [2018] EWHC 790 (Ch) (17 April 2018)

Burgess & Ors v BIC UK Ltd [2018] EWHC 785 (Ch) (17 April 2018)

Sandhu v Singh & Ors (No. 2) [2018] EWHC 841 (Ch) (16 April 2018)

High Court (Commercial Court)

JSC BTA Bank & Anor v Tyrkiye Vakiflar Bankasi TAO [2018] EWHC 835 (Comm) (17 April 2018)

Reliance Industries Ltd & Anor v The Union of India [2018] EWHC 822 (Comm) (16 April 2018)

High Court (Queen’s Bench Division)

PML v Person(s) Unknown [2018] EWHC 838 (QB) (17 April 2018)

Source: www.bailii.org

Three examples of how not to do family justice – Transparency Project

Posted April 18th, 2018 in family courts, judgments, judiciary, mistake, news by sally

‘This week involves a trio of disastrous cases where things have gone wrong and judges have explained why.’

Full Story

Transparency Project, 17th April 2018

Source: www.transparencyproject.org.uk

Insurer diversity rules take effect in the UK – OUT-LAW.com

Posted April 18th, 2018 in company directors, diversity, insurance, news by sally

‘Major insurers in the UK must “consider a broad set of qualities and competencies” when recruiting board members, and have a policy in place to promote board diversity, under new rules that came into effect on 9 April.’

Full Story

OUT-LAW.com, 16th April 2018

Source: www.out-law.com

Criminal defence lawyers face “extinction” as profession unites to fight for justice system – Legal Futures

Posted April 18th, 2018 in criminal justice, legal representation, news, solicitors, statistics by sally

‘Criminal defence lawyers in England and Wales could become “extinct”, the Law Society has warned on the back of data showing that this is an increasingly ageing part of the profession.’

Full Story

Legal Futures, 17th April 2018

Source: www.legalfutures.co.uk

Justice minister uncompromising on whiplash reforms and says more fixed costs are on the way – Legal Futures

Posted April 18th, 2018 in costs, news, personal injuries, road traffic by sally

‘Justice minister Lord Keen today set the stage for next week’s House of Lords debate on the Civil Liability Bill with an uncompromising message that there are “too many unmeritorious whiplash claims made each year which proceed without challenge or investigation”.’

Full Story

Legal Futures, 17th April 2018

Source: www.legalfutures.co.uk

High Court: claimant who gave “misleading impression” not fundamentally dishonest – Litigation Futures

Posted April 18th, 2018 in evidence, fundamental dishonesty, news, personal injuries by sally

‘A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th April 2018

Source: www.litigationfutures.com

Foreign assets: should you try to cover everything under one will? – Family Law

Posted April 18th, 2018 in foreign jurisdictions, news, wills by sally

‘If you own assets in more than one jurisdiction, should you try to cover everything under one will, or should you have a separate will in each jurisdiction?’

Full Story

Family Law, 17th April 2018

Source: www.familylaw.co.uk

Theresa May says she deeply regrets Britain’s legacy of anti-gay laws – The Guardian

Posted April 18th, 2018 in homosexuality, news, sexual orientation discrimination by sally

‘Theresa May has said that she “deeply regrets” Britain’s historical legacy of anti-gay laws across the Commonwealth as its 53 leaders gathered in London for their annual summit.’

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The Guardian, 17th April 2018

Source: www.theguardian.com

Woman jailed for controlling partner at their Stewartby home – BBC News

‘A woman who controlled her partner’s life, scalding him with boiling water and stabbing him, has been jailed.’

Full Story

BBC News, 16th April 2018

Source: www.bbc.co.uk