Case Comment: JSC BTA Bank v Khrapunov [2018] UKSC 19 – UK Supreme Court Blog
‘Jessica Joel, trainee solicitor at CMS, considers the case of JSC BTA Bank v Khrapunov.;
UK Supreme Court Blog, 13th April 2018
Source: ukscblog.com
Dog walker and council both claim success in High Court ruling on PSPO – Local Government Lawyer
‘A resident and dog walker has partially won a High Court challenge to a Public Spaces Protection Order (PSPO) brought in by the London Borough of Richmond. However, the council said the two provisions that were quashed by the judge were only “minor prohibitions” and the bulk of the order remained intact.’
Local Government Lawyer, 16th April 2018
Source: www.localgovernmentlawyer.co.uk
Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law
‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’
Family Law, 13th April 2018
Source: www.familylaw.co.uk
Gang members jailed for modern slavery – Crown Prosecution Service
‘Two London gang members who trafficked a teenage girl to Swansea to deal heroin and crack cocaine have been jailed.’
Crown Prosecution Service, 13th April 2018
Source: www.cps.gov.uk
Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference – Courts & Tribunals Judiciary
‘Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference.’
Courts & Tribunals Judiciary, 16th April 2018
Source: www.judiciary.gov.uk
Google must delete links in ‘right to be forgotten’ case – Law Society’s Gazette
‘Search engine giant Google has been ordered to remove links to articles about the historic criminal convictions of a businessman in the first “right to be forgotten” case to be decided in England and Wales. Ruling in NT 1 and NT 2 v Google LLC today, Mr Justice Warby reached opposite conclusions about the two claimants, identified as NT 1 and NT 2, based on the nature of the criminal convictions and the extent to which publication of information related to the claimant’s private life.’
Law Society's Gazette, 13th April 2018
Source: www.lawgazette.co.uk
Finance and Divorce Update, April 2018 – Family Law Week
‘Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018.’
Family Law Week, 15th April 2018
Source: www.familylawweek.co.uk
Britain’s first WhatsApp fingerprint conviction leads to flood of new cases – Daily Telegraph
‘Britain’s first WhatsApp fingerprint conviction has led to a flood of new cases, police have revealed, after a criminal was caught using a photograph of his hand holding drugs.
South Wales police used pioneering techniques to enhance a photograph of three fingers holding ecstasy tablets, which was found on a mobile phone after an arrest linked to a drug dealing investigation in Bridgend.’
Daily Telegraph, 15th April 2018
Source: www.telegraph.co.uk
Sean Rigg custody death: Met directed to begin hearings – BBC News
‘The police watchdog has directed the Met Police to begin gross misconduct hearings against five officers over the custody death of a mentally ill man. Sean Rigg, who had schizophrenia, died from cardiac arrest at Brixton police station in August 2008 after being restrained by officers. The Independent Office for Police Conduct (IOPC) said officers should face hearings over their actions.’
BBC News, 13th April 2018
Source: www.bbc.co.uk
Midwife Jane Greaves sacked after lack of toilet breaks gave her kidney infection wins job back – The Independent
‘A midwife who was sacked for taking too many sick days after she fell ill because of a lack of toilets at work has won an employment tribunal.’
The Independent, 14th April 2018
Source: www.independent.co.uk
MPs urge May to resolve immigration status of Windrush children – The Guardian
‘More than 140 MPs from all parties have signed a letter to Theresa May, expressing concern about the many Commonwealth-born, long-term British residents who have been incorrectly identified as illegal immigrants and calling on her to find a “swift resolution of this growing crisis”.’
The Guardian, 16th April 2018
Source: www.theguardian.com
Sri Lankan wins lawsuit against NHS as midwives fail to explain why she needed to feed her son due to language barrier – Daily Telegraph
‘A Sri Lankan refugee who could not speak English has won a legal battle against the NHS after her child was brain damaged after hospital staff did not explain the importance of feeding a newborn.’
Daily Telegraph, 13th April 2018
Source: www.telegraph.co.uk
Government ‘failing to act on serious concerns about NHS data sharing’ raised by doctors – The Independent
‘The government has been accused of failing to act on “serious concerns” raised by doctors and MPs about an NHS policy that sees patient details shared with immigration authorities.’
The Independent, 15th April 2018
Source: www.independent.co.uk
Nursery owner Claire Symons employed criminal partner – BBC News
‘A nursery owner employed her partner who had a criminal record for battery and theft, as well as a previous caution for wilful neglect. Claire Symons was given notice her registration is to be cancelled earlier this month after an Ofsted safeguarding investigation.’
BBC News, 13th April 2018
Source: www.bbc.co.uk
An unplanned surprise: Implied planning obligations – Clin v Walter Lilly – Practical Law: Construction Blog
‘Recently, in the course of reviewing a proposed building contract for an employer, I had cause to consider how responsibility for obtaining planning consents had been addressed. Or rather, whether it had been addressed at all. Jean-François Clin v Walter Lilly & Co Ltd is a forceful reminder to effectively deal with this issue. The Court of Appeal held that, in the absence of an express term to the contrary, a term was implied into the parties’ contract requiring the employer to obtain planning permission for redevelopment of the property and, generally, making the employer responsible for obtaining necessary consents.’
Practical Law: Construction Blog, 11th April 2018
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Summers v London Borough of Richmond Upon Thames [2018] EWHC 782 (Admin) (12 April 2018)
High Court (Chancery Division)
High Court (Commercial Court)
JSC BM Bank v Kekhman & Ors [2018] EWHC 791 (Comm) (12 April 2018)
High Court (Technology and Construction Court)
Tetronics (International) Ltd v HSBC Bank Plc [2018] EWHC 201 (TCC) (12 April 2018)
Source: www.bailii.org
A costly slice of the cake? Litigation funders and security for costs – 4 New Square
‘If a defendant is successful in defending a claim brought with the assistance of litigation funders who had an interest in the litigation, that defendant can apply under section 51 of the Senior Courts Act 1981 for a non-party costs order against the litigation funders.’
4 New Square, 19th March 2018
Source: www.4newsquare.com
High Court: security for costs application cannot be used to avoid enforcement of arbitration award – Litigation Futures
‘A security of costs application relating to a court challenge to an arbitration award cannot be used as a way of avoiding enforcement of the award, the High Court has ruled.’
Litigation Futures, 12th April 2018
Source: www.litigationfutures.com
