BAILII: Recent Decisions

Posted February 19th, 2018 in law reports by sally

Supreme Court

C (Children), Re [2018] UKSC 8 (14 February 2018)

SM (Algeria) v Entry Clearance Officer, UK Visa Section [2018] UKSC 9 (14 February 2018)

Mott, R (on the application of ) v Environment Agency [2018] UKSC 10 (14 February 2018)

Court of Appeal (Civil Division)

R (Children) [2018] EWCA Civ 198 (16 February 2018)

Gamal v Synergy Lifestyle Ltd [2018] EWCA Civ 210 (16 February 2018)

Holder, R (on the application of) v Gedling Borough Council & Ors [2018] EWCA Civ 214 (16 February 2018)

The LCD Appeals [2018] EWCA Civ 220 (16 February 2018)

SB (Afghanistan), R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 215 (16 February 2018)

Miller & Anor v The Health Service Commissioner for England [2018] EWCA Civ 144 (15 February 2018)

Dharmeshkumar Bhupendrabhai Patel & Anor, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 229 (15 February 2018)

JM (Zimbabwe), R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 188 (15 February 2018)

Carr v Panel Products (Kimpton) Ltd [2018] EWCA Civ 190 (14 February 2018)

Farrar v Miller [2018] EWCA Civ 172 (14 February 2018)

Ogale Community & Ors v Royal Dutch Shell Plc & Anor [2018] EWCA Civ 191 (14 February 2018)

Stocker v Stocker [2018] EWCA Civ 170 (12 February 2018)

Court of Appeal (Criminal Division)

Bahbahani, R v [2018] EWCA Crim 95 (05 February 2018)

Health And Safety Executive, R (On the application of) v Jukes [2018] EWCA Crim 176 (25 January 2018)

Campbell, R v [2018] EWCA Crim 175 (24 January 2018)

Mundy, R v [2018] EWCA Crim 105 (23 January 2018)

High Court (Administrative Court)

Steer, R (On the Application Of) v Shepway District Council [2018] EWHC 238 (Admin) (16 February 2018)

Ticu v Tribunalul Bacau (Romania) [2018] EWHC 269 (Admin) (16 February 2018)

Mawbey, R (On the Application Of) v Lewisham Council [2018] EWHC 263 (Admin) (16 February 2018)

Hargrave House Ltd and Chaim Reiner v Highbury Corner Magistrates Court & Anor [2018] EWHC 279 (Admin) (16 February 2018)

Miller v Director of Public Prosecutions [2018] EWHC 262 (Admin) (15 February 2018)

English Democrats Party v Electoral Commission [2018] EWHC 251 (Admin) (14 February 2018)

Imre v District Court In Szolnok (Hungary) [2018] EWHC 218 (Admin) (14 February 2018)

The Director of Public Prosecutions (DPP), R (On the Application Of) v Sunderland Magistrates’ Court [2018] EWHC 229 (Admin) (14 February 2018)

Marshall, R (on the application of) v East Dorset District Council & Anor [2018] EWHC 226 (Admin) (13 February 2018)

Teva BV, R (on the application of) v The Secretary of State for Health acting as the Licensing Authority & Anor [2018] EWHC 228 (Admin) (13 February 2018)

High Court (Chancery Division)

Abdullah Nasser Bin Obaid & Ors v Al-Hezaimi & Ors [2018] EWHC 243 (Ch) (16 February 2018)

Bevan v Paul Walker the Company & Anor [2018] EWHC 265 (Ch) (15 February 2018)

James v James & Ors [2018] EWHC 242 (Ch) (13 February 2018)

High Court (Queen’s Bench Division)

Celador Radio Ltd v Rancho Steak House Ltd (Equitable Interpleader – Enforcement) [2018] EWHC 219 (QB) (16 February 2018)

Ice Architects Ltd v Empowering People Inspiring Communities (Rev 1) [2018] EWHC 281 (QB) (16 February 2018)

Khan (formerly JMO) v Khan (formerly KTA) [2018] EWHC 241 (QB) (15 February 2018)

Source: www.bailii.org

Helping child witnesses: ‘One girl gave evidence with a hamster on her lap’ – The Guardian

Posted February 19th, 2018 in children, courts, criminal justice, cross-examination, news, sexual offences, trials, witnesses by sally

‘They might be victims of rape, or witnesses to murder. But can they really be relied upon to tell the truth at trial?’

Full Story

The Guardian, 17th February 2018

Source: www.theguardian.com

‘More’ prisoners to be freed with tag as early-release scheme simplified – BBC News

Posted February 19th, 2018 in early release, electronic monitoring, news by sally

‘More offenders could be freed from prison in England and Wales with an electronic tag under government plans to simplify an early-release scheme.’

Full Story

BBC News, 16th February 2018

Source: www.bbc.co.uk

Children Act and Housing – (not) joining the dots – Nearly Legal

Posted February 19th, 2018 in children, disabled persons, housing, local government, news by sally

‘This is a very interesting judicial review, concerning the interrelation of a council’s housing duties under Part 6 and Part 7 Housing Act 1996 and duties to children under s.17 Children Act 1989.’

Full Story

Nearly Legal, 18th February 2018

Source: nearlylegal.co.uk

Parents guilty of amputee baby’s life-changing injuries – BBC News

Posted February 19th, 2018 in causing serious physical harm to a child or vulnerable adult, child abuse, child neglect, news by sally

‘The parents of a six-week-old baby boy have been found guilty of causing him near-fatal injuries which resulted in the amputation of both his legs.’

Full Story

BBC News, 16th February 2018

Source: www.bbc.co.uk

Government rules out granting medical cannabis licence to boy, 6, with ‘death sentence’ epilepsy condition – Daily Telegraph

Posted February 19th, 2018 in children, drug offences, health, licensing, news by sally

‘The government has ruled out issuing a medical cannabis licence to a six-year-old boy whose rare form of epilepsy improved after taking the drug abroad.’

Full Story

Daily Telegraph, 18th February 2018

Source: www.telegraph.co.uk

Shannon Matthews: The unravelling of the truth – BBC News

Posted February 19th, 2018 in child abduction, child neglect, news, perverting the course of justice by sally

‘It is 10 years since Shannon Matthews was reported missing by her seemingly distraught mother. For 24 days, Karen Matthews played the tearful victim, pleading for the return of her “beautiful princess daughter”. When the nine-year-old was found safe, the woman at the heart of the hunt was exposed as a liar. But has the truth behind the kidnapping hoax been fully revealed?’

Full Story

BBC News, 19th February 2018

Source: www.bbc.co.uk

Botched cosmetic surgery: law change urged as complaints treble – The Guardian

Posted February 19th, 2018 in complaints, cosmetic surgery, doctors, health, news by sally

‘An “alarming” rise in reports of botched cosmetic procedures in the UK has prompted doctors and campaigners to call for better legislation to protect against rogue practitioners.’

Full Story

The Guardian, 18th February 2018

Source: www.theguardian.com

Things children say – Disclosure, allegations and why language matters – Transparency Project

Posted February 16th, 2018 in child abuse, children, evidence, news, social services by sally

‘Earlier this month the NSPCC put out a call on twitter for professionals to respond to a survey they are running as part of the evidence gathering phase of ‘a project to support professionals to take the appropriate action when they have concerns about the safeguarding of children and young people’. That project is said to build upon an earlier project : ‘No one noticed, no one heard – A study of disclosures of childhood abuse’.’

Full Story

Transparency Project, 15th February 2018

Source: www.transparencyproject.org.uk

Crimewatch bus stop rapist jailed after 25 years – BBC News

Posted February 16th, 2018 in DNA, kidnapping, news, rape, sentencing by sally

‘A man has finally been jailed for a “brutal” abduction and rape featured on Crimewatch, thanks to an “out of the blue” DNA match 24 years later.’

Full Story

BBC News, 15th February 2018

Source: www.bbc.co.uk

Put your own house in order, claimant lawyers tell NHS as fixed fees near – Litigation Futures

Posted February 16th, 2018 in costs, hospitals, negligence, news by sally

‘Claimant lawyers reacted with caution to the Department of Health’s announcement yesterday that it is setting up a working group on introducing fixed recoverable costs in medical negligence, saying that while costs could be cut in lower-value claims, the real goal had to be avoiding clinical mistakes in the first place.’

Full Story

Litigation Futures, 16th February 2018

Source: www.litigationfutures.com

Lady Hale: courts and judiciary should reflect diversity of UK – The Guardian

Posted February 16th, 2018 in diversity, judiciary, news by sally

‘The courts and judiciary should as far as possible reflect the full diversity of the UK population, the country’s most senior judge, Brenda Hale, has told the Guardian.’

Full Story

The Guardian, 15th February 2018

Source: www.theguardian.com

Carry on dining: Bar Council defends role of Inns in education and training – Legal Futures

Posted February 16th, 2018 in barristers, inns of court, legal education, news by sally

‘Making membership of the Inns of Court optional for barristers would disadvantage those with the least “social capital”, the Bar Council has warned.’

Full Story

Legal Futures, 14th February 2018

Source: www.legalfutures.co.uk

Barry Bennell convicted of further sexual offences – The Guardian

Posted February 16th, 2018 in child abuse, news, sexual offences by sally

‘Former football coach Barry Bennell has been found guilty of three more charges of sexual abuse against young players.’

Full Story

The Guardian, 15th February 2018

Source: www.theguardian.com

Jane Collins defamation case: UKIP delayed case – BBC News

Posted February 16th, 2018 in defamation, delay, news, political parties by sally

‘UKIP “deliberately delayed” settlement of a libel case for “political advantage” ahead of the 2015 general election, the High Court has ruled.’

Full Story

BBC News, 15th February 2018

Source: www.bbc.co.uk

Three jailed for life for stabbing teenager to death in south London – The Guardian

Posted February 16th, 2018 in murder, news, sentencing, young offenders by sally

‘Three people have been given life sentences for the murder of a teenager in south London who was stabbed to death while on a night out with friends.’

Full Story

The Guardian, 15th February 2018

Source: www.theguardian.com

Cry freedom: SRA wants to become separate legal entity from Law Society – Legal Futures

Posted February 16th, 2018 in Law Society, legal services, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘Legal regulators have urged the Legal Services Board (LSB) to use its review of the internal governance rules (IGR) to give them greater independence from their representative bodies.’

Full Story

Legal Futures, 16th February 2018

Source: www.legalfutures.co.uk

Stepfather adoption: the pros and cons – Family Law

Posted February 16th, 2018 in adoption, news, parental responsibility by sally

”The legal position for a stepfather in relation to his stepchild can be fundamentally altered through an adoption order. This will extinguish parental responsibility held by everyone other than the stepfather’s partner. The stepfather will obtain parental responsibility and will be treated in law as if he were the child’s birth parent (s 67(1) of the Adoption and Children Act 2002 (ACA 2002)).

Full Story

Family Law, 15th February 2018

Source: www.familylaw.co.uk

Police launch review of UK firearms operations – The Guardian

Posted February 16th, 2018 in firearms, inquiries, news, police by sally

‘A national review into the planning of firearms operations has been launched following concerns raised at an inquiry into the fatal shooting of an unarmed man.’

Full Story

The Guardian, 15th February 2018

Source: www.theguardian.com

Auctions for 4G and 5G spectrum imminent following Court of Appeal ruling – OUT-LAW.com

Posted February 16th, 2018 in appeals, competition, news, telecommunications by sally

‘Formal bidding for spectrum identified as central to ‘4G’ and future ‘5G’ services in the UK is set to commence after the Court of Appeal rejected a legal challenge against the rules set for the auction.’

Full Story

OUT-LAW.com, 15th February 2018

Source: www.out-law.com