BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ashany & Anor v Eco-Bat Technologies Ltd [2018] EWCA Civ 1066 (14 May 2018)
High Court (Queen’s Bench Division)
Irving v Morgan Sindall Plc [2018] EWHC 1147 (QB) (15 May 2018)
Reid v Newsquest (Midlands South) Ltd [2018] EWHC 1105 (QB) (11 May 2018)
Source: www.bailii.org
Councils demand streamlined court process for fly-tipping offences – Local Government Lawyer
‘Councils have called on the Government to “urgently streamline” the courts and prosecution process for fly-tipping offences.’
Local Government Lawyer, 14th May 2018
Source: www.localgovernmentlawyer.co.uk
UK agency warns Brexit could lead to rise in organised crime – OUT-LAW.com
‘The UK body charged with fighting serious and organised crime has warned that the country’s impending withdrawal from the EU could lead to a rise in money laundering, bribery and other corporate offences.’
OUT-LAW.com, 14th May 2018
Source: www.out-law.com
UK police use of facial recognition technology a failure, says report – The Guardian
‘Police attempts to use cameras linked to databases to recognise people from their face are failing, with the wrong person picked out nine times out 10, a report claims.’
The Guardian, 15th May 2018
Source: www.theguardian.com
Army veteran jailed over ‘sinister’ anti-Jewish speech – BBC News
‘A far-right activist has been jailed for stirring up racial hatred after the Crown Prosecution Service (CPS) initially declined to prosecute him.’
BBC News, 15th May 2018
Source: www.bbc.co.uk
Lords overturn MPs with vote for second Leveson inquiry – The Guardian
‘The House of Lords has once again voted to establish a fresh Leveson-style public inquiry into the conduct of the media, overturning a decision made by MPs last week and setting up another showdown with the government.’
The Guardian, 14th May 2018
Source: www.theguardian.com
Should civil partnerships only be available to same sex couples? – UK Human Rights Blog
‘Rebecca Steinfeld and Charles Keidan contend they were unlawfully refused an opportunity to register a Civil Partnership at Chelsea Town Hall on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. This exclusion started to appear somewhat anomalous when the government opened marriage up to same sex couples by way of the Marriage (Same Sex Couples) Act 2013. The effect of this is that same sex couples in England and Wales (and Scotland – but not Northern Ireland) had a choice of marriage and civil partnership but different sex couples only had the former option.’
UK Human Rights Blog, 13th May 2018
Source: ukhumanrightsblog.com
Jacob Eisler: Robinson v. Chief Constable of West Yorkshire Police, 2018 UKSC 4 – UK Constitutional Law Association
‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’
UK Constitutional Law Association, 14th May 2018
Source: ukconstitutionallaw.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hart v Hart [2018] EWCA Civ 1053 (11 May 2018)
PW v Chelsea and Westminster Hospital NHS Foundation Trust & Ors [2018] EWCA Civ 1067 (11 May 2018)
Versteegh v Versteegh [2018] EWCA Civ 1050 (10 May 2018)
High Court (Administrative Court)
Kricka v County Court In Varazdin, Croatia [2018] EWHC 1129 (Admin) (11 May 2018)
Lovett v Health And Care Professions Council [2018] EWHC 1024 (Admin) (10 May 2018)
KI, R (On the Application Of) v London Borough of Brent [2018] EWHC 1068 (Admin) (10 May 2018)
High Court (Chancery Division)
Dobson v Griffey [2018] EWHC 1117 (Ch) (10 May 2018)
High Court (Commercial Court)
Agile Holdings Corporation v Essar Shipping Ltd [2018] EWHC 1055 (Comm) (11 May 2018)
Stati & Ors v The Republic of Kazakhstan [2018] EWHC 1130 (Comm) (11 May 2018)
Uttam Galva Steels Led v Gunvor Singapore Pte Ltd [2018] EWHC 1098 (Comm) (10 May 2018)
High Court (Queen’s Bench Division)
Ahmad v Wood & Anor [2018] EWHC 996 (QB) (11 May 2018)
Faisal & Anor v Younis (t/a Safa Superstore) & Anor [2018] EWHC 1111 (QB) (10 May 2018)
Source: www.bailii.org
Win (for now) for app developer against Google – UK Human Rights Blog
‘Unlockd, an app developer, sought an interim injunction to prevent Google withdrawing its services. Roth J found that the balance of convenience was in the applicants’ favour. Their claim raised a serious issue to be tried and any action by Google to withdraw their platform would severely damage the applicants’ business. An interim injunction was granted.’
UK Human Rights Blog, 11th May 2018
Source: ukhumanrightsblog.com
Investigation of law firm accounts reports “tripled in two years”, impact report shows – Legal Futures
‘The number of qualified accountants’ reports due to rule breaches has fallen by two-thirds since the rules were changed in 2015, but the amount then being investigated for possible rule breaches has tripled, it has emerged.’
Legal Futures, 11th May 2018
Source: www.legalfutures.co.uk
Tesco fined £1.6m after prosecution by London borough over store incident – Local Government Lawyer
‘A prosecution undertaken by Ealing Council has seen supermarket chain Tesco fined £1.6m fine for health and safety failures at one of its Tesco Metro stores.’
Local Government Lawyer, 11th May 2018
Source: www.localgovernmentlawyer.co.uk
Cheeki Rafiki yacht boss given suspended sentence over unsafe vessel – BBC News
‘A company boss who failed to safely operate a yacht on which four sailors were killed has been given a suspended prison sentence.’
BBC News, 11th May 2018
Source: www.bbc.co.uk
Government gives no quarter in defence of whiplash reforms despite pressure from peers – Legal Futures
‘The government stood firm on its proposed whiplash reforms yesterday despite criticism from peers, on the first day of the Civil Liability Bill’s committee stage in the House of Lords.’
Legal Futures, 11th May 2018
Source: www.legalfutures.co.uk
BMW driver guilty of GBH after hitting moped rider with whom he had bad feelings ‘over a girl’ – Daily Telegraph
‘A BMW driver accused of trying to kill a moped rider by driving at him has been convicted of causing grievous bodily harm with intent.’
Daily Telegraph, 11th May 2018
Source: www.telegraph.co.uk
Court of Appeal: No duty of care on council to control roadside vegetation – Litigation Futures
‘The Court of Appeal has rejected an attempt by a cyclist to impose a duty of care on central or local government to prevent roadside vegetation from impairing visibility for road users, saying there would “potentially serious and costly consequences” in doing so “for very little practical gain”.’
Litigation Futures, 9th May 2018
Source: www.litigationfutures.com
