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.’

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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?’

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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.’

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BBC News, 16th April 2018

Source: www.bbc.co.uk

Parents of Alfie Evans apply to take son’s case back to supreme court – The Guardian

Posted April 18th, 2018 in appeals, children, consent, medical treatment, news, Supreme Court by sally

‘The parents of a 23-month-old boy at the centre of a life-support treatment battle have applied to the supreme court to appeal against a ruling that treatment should be removed from the child.’

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The Guardian, 17th April 2018

Source: www.theguardian.com

The legal basis for air strikes against Syrian government targets – House of Commons Library

‘This paper looks at the general prohibition in international law on the use of force or threat of force directed at other states, and the legal advice on which the Government decided to participate with the US and France in air strikes on Syrian government targets on 14 April.’

Full text

House of Commons Library, 16th April 2018

Source: www.parliament.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 17th, 2018 in legislation by sally

The Capital Allowances (Designated Assisted Areas and Amendment) Order 2018

The Customs (Contravention of a Relevant Rule) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 17th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Lancashire County Council, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs & Anor [2018] EWCA Civ 721 (12 April 2018)

High Court (Chancery Division)

Lewis & Ors v Tamplin & Ors (trustee disclosure to beneficiaries) [2018] EWHC 777 (Ch) (16 April 2018)

High Court (Patents Court)

Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd & Ors [2018] EWHC 808 (Pat) (16 April 2018)

High Court (Queen’s Bench Division)

Diamond Services South East Ltd v Ogedengbe (t/a As Praise Embassy – Bright Steps Nursery) [2018] EWHC 773 (QB) (16 April 2018)

Source: www.bailii.org

Kensington & Chelsea fined £120k for disclosure of owners of empty properties – Local Government Lawyer

‘The Royal Borough of Kensington and Chelsea has been hit with a £120,000 monetary penalty by the Information Commissioner’s Office (ICO) after the council unlawfully identified 943 people who owned vacant properties in the borough.’

Full Story

Local Government Lawyer, 16th April 2018

Source: www.localgovernmentlawyer.co.uk

Undocumented Commonwealth citizens resident in the UK – UK Visas and Immigration

Posted April 17th, 2018 in children, citizenship, deportation, documents, immigration, visas by sally

‘This information is for Commonwealth citizens (known as “Windrush” cases) who are long-term residents of the UK and do not have documents to demonstrate their status. It explains their position and what they need to do next.’

Full guidance

UK Visas and Immigration, 17th April 2018

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette

Posted April 17th, 2018 in appeals, compensation, costs, fundamental dishonesty, news, personal injuries by sally

‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’

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Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk

Members of Jewish community lodge 1,000 official complaints against Jeremy Corbyn – Daily Telegraph

Posted April 17th, 2018 in complaints, Judaism, news, political parties by sally

‘Members of the Jewish community have lodged more than 1,000 official complaints calling on Labour to investigate Jeremy Corbyn over anti-Semitism.

The signatories add their names to a complaint lodged by the Campaign Against Anti-Semitism (CAA) earlier this month. The charity, which is considering legal action if Labour refuses to investigate, says that Mr Corbyn has failed to act to stamp out hatred for three years and now his party must show that they take the matter seriously.

Full Story

Daily Telegraph, 16th April 2018

Source: www.telegraph.co.uk

Trainee barristers told they will be marked down for wearing short skirts – The Guardian

Posted April 17th, 2018 in barristers, examinations, freedom of expression, news, universities by sally

‘Trainee barristers are being told they will be docked points in their exams if they wear short skirts, colourful socks or “kinky boots”. A handbook at the BPP university law school warns students that they may lose points if they do not adopt an extremely conservative dress code in their advocacy assessments.’

Full Story

The Guardian, 16th April 2018

Source: www.theguardian.com

Badger cull fueling illegal wildlife crimes, charities claim – Daily Telegraph

Posted April 17th, 2018 in animals, crime, environmental protection, news, reports by sally

‘The badger cull is fuelling hundreds of illegal wildlife crimes every year, charities have warned as they claimed the authorised slaughter is responsible for the trend. Nearly 1,300 incidents involving wildlife were recorded in 2016 alone, a report has found. The actual number of incidents is also likely to be “far greater” as the Home Office currently categorises many of the crimes as miscellaneous.’

Full Story

Daily Telegraph, 16th April 2018

Source: www.telegraph.co.uk