BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Wall v Munday [2018] EWHC 879 (Ch) (27 April 2018)
High Court (Commercial Court)
Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) (30 April 2018)
Source: www.bailii.org
Fixed costs only where pre-action protocol not followed – Zenith PI
‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’
Zenith PI, 1st May 2018
Source: zenithpi.wordpress.com
Council defeats Court of Appeal challenge to eviction process – Local Government Lawyer
‘Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.’
Local Government Lawyer, 30th April 2018
Source: www.localgovernmentlawyer.co.uk
Council wins High Court battle over viability and amount of affordable housing – Local Government Lawyer
‘A Planning Court judge has ruled in favour of the London Borough of Islington in a long-running dispute over a major development which it has said will provide insufficient affordable homes.’
Local Government Lawyer, 30th April 2018
Source: www.localgovernmentlawyer.co.uk
Reduced hourly rates for incurred costs and damages far lower than claimed “not good reasons” to depart from budget – Litigation Futures
‘Master Rowley has become the latest judge to rule that a reduction in hourly rates for incurred costs is not a good reason to do the same to budgeted costs.’
Litigation Futures, 1st May 2018
Source: www.litigationfutures.com
Disclosure ‘failings’ in rape case woman did not want prosecuted – BBC News
‘New failings over the disclosure of evidence in the criminal justice system have emerged after prosecutors charged a man with rape in a case where the woman involved did not want a charge to be brought.’
BBC News, 30th April 2018
Source: www.bbc.co.uk
Carer who guided dying City banker’s hand as he signed over half of fortune to her stripped of windfall – Daily Telegraph
‘A carer who guided the pen of a dying millionaire as he signed over almost half his fortune to her family has been stripped of her windfall by a judge.’
Daily Telegraph, 30th April 2018
Source: www.standard.co.uk
Son of Chinese government official jailed for beating girlfriend despite her pleas for a lenient sentence – Daily Telegraph
‘The son of a Chinese government official has been jailed for beating his girlfriend “from head to toe” after a judge rejected the victim’s appeal for leniency.’
Daily Telegraph, 30th April 2018
Source: www.telegraph.co.uk
Driver jailed after crashing through a family’s front living room – Daily Telegraph
‘James Sparham has been jailed for five years after driving his car at high speed through the living room wall of a family home. The 29-year-old was almost three times the drink drive limit when he crashed through the wall of the home owned by David Garnett, 54 and his wife Claire, 50, in the early hours September 3 2017.’
Daily Telegraph, 30th April 2018
Source: www.telegraph.co.uk
Mentally ill subject to ‘physical violence and verbal threats’ while held under Mental Health Act, finds report – The Independent
‘Mentally ill people are being subjected to “distressing experiences” including physical violence and verbal threats while detained under the Mental Health Act, a government-commissioned review has found.’
The Independent, 1st May 2018
Source: www.independent.co.uk
The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien – Zenith PI
‘On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit.’
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
Leasehold law reform work will improve lives of millions – Hopkins – Law Commission
‘Professor Nick Hopkins has pledged that the Law Commission’s leasehold reform recommendations to government will provide a “better deal for leaseholders”. Announced as part of the 13th Programme of Law Reform, the Law Commission residential leasehold and commonhold project aims to improve consumer choice, provide greater fairness, and make the process of enfranchisement easier, quicker and more cost effective.’
Law Commission, 27th April 2018
Source: www.lawcom.gov.uk/
Approach when a local authority seeks permission to withdraw application for care order – Family Law
‘Family analysis: Maud Davis, partner at TV Edwards LLP, says the judgment in A local authority v A mother and others [2017] EWHC 3741 (Fam), [2017] All ER (D) 146 (Dec) makes it clear that the risk of significant harm has to be established on the basis of evidence, and not “assumptions or speculation on future behaviour”.’
Family Law, 26th April 2018
Source: www.familylaw.co.uk
Man jailed for helping Daesh share violent material on social media – Crown Prosecution Service
‘A man convicted of helping Daesh extremists to open social media accounts so they could spread Islamist propaganda online has been jailed.’
Crown Prosecution Service, 27th April 2018
Hermes faces legal fight with some drivers over worker rights – The Guardian
‘The delivery company Hermes faces a legal battle with a group of its own drivers today, in the latest case promising to have major ramifications on labour rights in the growing gig economy.’
The Guardian, 30th April 2018
Source: www.theguardian.com
Both sides claim victory in surveillance law challenge – Law Society’s Gazette
‘A High Court ruling today in the latest crowd-funded challenge to the government’s powers to monitor electronic communications has left both sides claiming victory. Ruling in Liberty v Home Office, Lord Justice Singh and Mr Justice Holgate ordered the government to amend a provision of the Investigatory Powers Act 2016 granting powers to require telecoms operators to store records of communications, including tracking information and web browsing.’
Law Society's Gazette, 27th April 2018
Source: www.lawgazette.co.uk
Children: Private Law Update (Spring 2018) – Family Law Week
‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’
Family Law Week, 27th April 2018
Source: www.familylawweek.co.uk
