BAILII: Recent Decisions

Posted March 27th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Brown v London Borough of Ealing Council & Anor [2018] EWCA Civ 556 (23 March 2018)

High Court (Administrative Court)

QSA & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2018] EWHC 639 (Admin) (26 March 2018)

Amstel Group Corporation v Secretary of State for Communities and Local Government & Anor [2018] EWHC 633 (Admin) (26 March 2018)

High Court (Chancery Division)

Wheat v Alphabet Inc / Google LLC & Anor [2018] EWHC 550 (Ch) (26 March 2018)

High Court (Commercial Court)

Seatrade Group NV v Hakan Agro DMCC, Re The Aconcagua Bay [2018] EWHC 654 (Comm) (26 March 2018)

High Court (Queen’s Bench Division)

Barley v Muir [2018] EWHC 619 (QB) (26 March 2018)

XXX v King’s College Hospital NHS Foundation Trust [2018] EWHC 646 (QB) (26 March 2018)

Source: www.bailii.org

No call for evidence in AG’s disclosure review – Law Society’s Gazette

Posted March 27th, 2018 in attorney general, consultations, disclosure, news, select committees by sally

‘The day before MPs begin hearing evidence on challenges around the disclosure of evidence in criminal cases, the Attorney General’s Office has announced it will not be issuing a call for evidence to inform its wider review.’

Full Story

Law Society's Gazette, 26th March 2018

Source: www.lawgazette.co.uk

Arson and criminal damage – consultation launched on sentencing guideline – Sentencing Council

Posted March 27th, 2018 in arson, consultations, criminal damage, press releases, sentencing by sally

‘The Sentencing Council has published proposed new guidelines covering arson and criminal damage offences. The guidelines, for courts in England and Wales, will help ensure consistent and proportionate sentencing for these offences.’

Full press release

Sentencing Council, 27th march 2018

Source: http://sentencingcouncil.judiciary.gov.uk

MPs demand action over Jehovah’s Witness abuse allegations – The Guardian

Posted March 27th, 2018 in child abuse, complaints, news, parliament, sexual offences, victims by sally

‘MPs are demanding government action after more than 100 people contacted the Guardian with allegations of child sexual abuse and other mistreatment in Jehovah’s Witness communities in the UK.’

Full Story

The Guardian, 26th March 2018

Source: www.theguardian.com

Steven Gane jailed after ‘driving his partner to suicide’ – BBC News

Posted March 27th, 2018 in coercive & controlling behaviour, harassment, news, sentencing, suicide by sally

‘A man who physically and mentally abused his girlfriend before she took her own life has been jailed for controlling and coercive behaviour.’

Full Story

BBC News, 26th March 2018

Source: www.bbc.co.uk

FCA crackdown on dodgy pensions advice after thousands of people hit by scandal – The Independent

Posted March 27th, 2018 in financial advice, financial regulation, news, pensions by sally

‘The City watchdog has announced measures to deal with an “erupting pensions mis-selling scandal”, but MPs say the plans do not go far enough to protect people’s savings.’

Full Story

The Independent, 26th March 2018

Source: www.independent.co.uk

Regulator Ofgem temporarily bans energy company Iresa from taking on new customers – The Independent

Posted March 27th, 2018 in complaints, energy, licensing, news, ombudsmen by sally

‘Energy company Iresa has been temporarily banned by the industry regulator from taking on new customers or increasing existing customers’ direct debits for up to three months until it resolves a series of service issues.’

Full Story

The Independent, 27th March 2018

Source: www.independent.co.uk

Richard Frost: 117mph double death crash driver jailed – BBC News

Posted March 27th, 2018 in assault, dangerous driving, drug abuse, homicide, money laundering, news, sentencing by sally

‘A motorist who hit speeds of 117mph before killing two pedestrians when he drove along the verge on the wrong side of the road has been jailed.’

Full Story

BBC News, 26th March 2018

Source: www.bbc.co.uk

Scale of child abuse survey ‘needed every 10 years’ – BBC News

Posted March 27th, 2018 in child abuse, children, news, sexual grooming, sexual offences by sally

‘Thousands of children should be surveyed to build a true picture of sexual exploitation, experts have said. The government says it does not know how many girls have been groomed in the wake of questions about sexual exploitation in Telford. But the Centre of Expertise for Child Sexual Abuse is designing a survey of children to run every 10 years to assess the scale of the problem.’

Full Story

BBC News, 27th March 2018

Source: www.bbc.co.uk

Ban non-disclosure agreements on workplace sexual harassment, says EHRC – Daily Telegraph

‘Non-disclosure agreements about sexual harassment in the workplace should be banned, the Equality and Human Rights Commission has said.’

Full Story

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Hospital locksmith defrauded NHS out of £600k by hiring his own firm to supply goods at marked-up prices – Daily Telegraph

Posted March 27th, 2018 in fraud, hospitals, London, news, sentencing by sally

‘The chief locksmith at a major hospital trust defrauded it out of nearly £600,000 by hiring his own supply firm and charging a 1,200 per cent mark-up on goods, a court heard.
Andrew Taylor, who was the main locksmith for Guy’s and St Thomas’ NHS Foundation Trust in London, was found guilty of fraud by abuse of position at Inner London Crown Court and jailed for six years.’

Full Story

Daily Telegraph, 27th March 2018

Source: www.telegraph.co.uk

Prisons watchdog demands action after 500 self-harm incidents in six months at young offenders’ institution – The Independent

Posted March 27th, 2018 in mental health, news, prisons, self-harm, violence, young offenders by sally

‘Prison inspectors have demanded urgent action at a young offenders’ institution that saw more than 500 incidents of self-harm in just six months.’

Full Story

The Independent, 27th March 2018

Source: www.independent.co.uk

Tara Newbold death: Duane Ballin jailed for GBH but not murder – BBC News

Posted March 27th, 2018 in domestic violence, grievous bodily harm, murder, news, sentencing by sally

‘A man who told police “I think I’ve killed my girlfriend” after beating her hours before she died has been jailed for the attack but not murder.’

Full Story

BBC news, 26th March 2018

Source: www.bbc.co.uk

NHS trust fined £2m for Connor Sparrowhawk and Teresa Colvin deaths – The Guardian

Posted March 27th, 2018 in fines, health, health & safety, mental health, news by sally

‘An NHS trust has been fined a record £2m after admitting “systemic failures” following the deaths of two vulnerable patients. Southern Health pleaded guilty last year to breaching health and safety laws following the deaths of Teresa Colvin and Connor Sparrowhawk, an epileptic teenager with autism who drowned in a bath at an NHS care unit.’

Full Story

The Guardian, 26th March 2018

Source: www.theguardian.com

G4S staff at Medway youth jail cleared of misconduct – BBC News

‘Four men accused of threatening and assaulting children at a youth jail in Kent have been cleared.’

Full Story

BBC News, 26th March 2018

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 26th, 2018 in legislation by sally

The Water Act 2014 (Commencement No. 11) Order 2018

The Landfill Tax (Miscellaneous Provisions) Regulations 2018

The Aggregates Levy (General) (Amendment) Regulations 2018

The Housing and Planning Act 2016 (Commencement No. 8) Regulations 2018

The Mandatory Travel Concession (England) (Amendment) Regulations 2018

The Enhanced Partnership Plans and Schemes (Objections) Regulations 2018

The Pharmacy (Preparation and Dispensing Errors – Registered Pharmacies) Order 2018 (Commencement) Order of Council 2018

The Wireless Telegraphy (Mobile Repeater) (Exemption) Regulations 2018

The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2018

Source: www.legislation.gov.uk

BAILII : Recent Decisions

Posted March 26th, 2018 in law reports by sally

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594 (23 March 2018)

Revenue And Customs v Honeywell Analytics Ltd [2018] EWCA Civ 579 (23 March 2018)

Gresport Finance Ltd v Battaglia [2018] EWCA Civ 540 (23 March 2018)

Court of Appeal (Criminal Division)

Sami v R [2018] EWCA 552 Crim (23 March 2018)

BM, R v [2018] EWCA Crim 560 (22 March 2018)

High Court (Administrative Court)

BT, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 584 (Admin) (23 March 2018)

The Good Law Project, R (On the application of) v Electoral Commission & Anor [2018] EWHC 602 (Admin) (23 March 2018)

Emblin & Ors, R (On the Application Of) v Revenue And Customs [2018] EWHC 626 (Admin) (23 March 2018)

Thornton Hall Hotel Ltd, R (On the Application Of) v Wirral Metropolitan Borough Council [2018] EWHC 560 (Admin) (23 March 2018)

High Court (Commercial Court)

Sevylor Shipping And Trading Corp v Altfadul Company for Foods, Fruits & Livestock & Anor [2018] EWHC 629 (Comm) (23 March 2018)

High Court (Family Division)

SR v HR [2018] EWHC 606 (Fam) (23 March 2018)

Patents Court

Illumina, Inc. & Anor v Premaitha Health Plc & Anor [2018] EWHC 615 (Pat) (19 March 2018)

High Court (Queen’s Bench Division)

AXB v BXA [2018] EWHC 588 (QB) (21 March 2018)

Brown & Anor v AB [2018] EWHC 623 (QB) (21 March 2018)

Source: www.bailii.org

High Court throws 100% success fee model for low-value PI claims into doubt – Litigation Futures

Posted March 26th, 2018 in consent, fees, news, personal injuries by sally

‘The High Court has thrown the industry-standard model for handling low-value personal injury claims into doubt after ruling that solicitors still need to undertake individual risk assessments before setting the success fee – rather than just applying 100% across the board.’

Full Story

Litigation Futures, 26th March 2018

Source: www.litigationfutures.com

Sentencing Code considers additional youth sentencing laws – consultation – Law Commission

Posted March 26th, 2018 in consultations, press releases, sentencing, young offenders by sally

‘The Law Commission has launched a short consultation on youth sentencing as part of its work to create a single Sentencing Code.’

Full press release

Law Commission, 23rd March 2018

Source: www.lawcom.gov.uk/

Grenfell Tower: handling relatives’ immigration cases – Home Office

Posted March 26th, 2018 in families, immigration, inquests by sally

‘Guidance on requests for further limited leave from relatives of those affected by the Grenfell Tower fire.’

Full text

Home Office, 23rd March 2018

Source: www.gov.uk/home-office