BAILII: Recent Decisions

Posted November 15th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Durrant v Chief Constable of Avon & Somerset Constabulary [2017] EWCA Civ 1808 (14 November 2017)

High Court (Administrative Court)

Mishra v Colchester Magistrates’ Court [2017] EWHC 2869 (Admin) (14 November 2017)

Aozora GMAC Investment Ltd, R (On the Application Of) v Revenue And Customs [2017] EWHC 2881 (Admin) (14 November 2017)

Gilmore, R (On the Application Of) v Police And Crime Commissioner for West Yorkshire [2017] EWHC 2867 (Admin) (14 November 2017)

High Court (Chancery Division)

Zavarco Plc v Tan Sri Syed Mohd Yusof Bin Tun Syed Nasir [2017] EWHC 2877 (Ch) (14 November 2017)

Source: www.bailii.org

‘Change your attitude’: judge threatens litigators with ‘draconian’ costs penalties – Law Society’s Gazette

Posted November 15th, 2017 in case management, costs, delay, news, penalties by sally

‘A High Court judge has warned of ‘draconian’ costs penalties should two parties in litigation continue to refuse to cooperate.’

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Law Society's Gazette, 15th November 2017

Source: www.lawgazette.co.uk

Mother killed herself after ‘serious failure’ by mental health unit – The guardian

Posted November 15th, 2017 in birth, hospitals, inquests, mental health, news, suicide by sally

‘A mother who killed herself while suffering from postnatal depression died as a result of a “very serious failure” that allowed her to leave a mental health unit unchaperoned, a coroner has ruled.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

Police ‘to give up on minor crimes without major funding increase’ – The Guardian

Posted November 15th, 2017 in budgets, news, police by sally

‘More police forces are poised to give up investigating minor offences such as car crime and retail thefts without a significant funding increase in the budget next week, police and crime commissioners have warned.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

Damaged reputations an ‘unfortunate by-product’ of abuse inquiries – BBC News

Posted November 15th, 2017 in anonymity, child abuse, news, sexual offences by sally

‘Reputational damage to dead people is an “unfortunate by-product” of police inquiries into historical sex abuse allegations. That’s the view of David Tucker, from the College Of Policing, but he said it happened only in certain cases in which the names of dead suspects were made public. Mr Tucker told Law in Action, on BBC Radio 4, that the college was drawing up guidelines for forces in England and Wales to help them decide whether to identify suspects in such cases.’

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BBC News, 14th November 2017

Source: www.bbc.co.uk

House of Lords under fire as peers who didn’t speak once claim almost half a million in expenses – The Independent

Posted November 15th, 2017 in expenses, news, parliament, peerages & dignities, reports by sally

‘Campaigners have criticised “couch-potato peers” in the House of Lords who took part in less than a quarter of votes and did not speak at all in 2016-17, but still claimed a total of £462,510 in tax-free expenses. The 33 peers also did not table a written question or sit on a committee though claimed an average £14,015 each, or £746 per vote, the Electoral Reform Society (ERS) said in a new report.’

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The Independent, 15th November 2017

Source: www.independent.co.uk

Yarl’s Wood immigration centre: Questions over need to detain women – BBC news

Posted November 15th, 2017 in detention, immigration, news, reports, women by sally

‘Two-thirds of women held at an immigration removal centre are later released into the community, a watchdog report has revealed. Inspectors said the finding raised concerns about whether the women should have been detained at Yarl’s Wood, Bedfordshire, in the first place.’

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BBC news, 15th November 2017

Source: www.bbc.co.uk

Six universities told to change advertising claims – BBC news

Posted November 15th, 2017 in advertising, complaints, news, universities by sally

‘The advertising watchdog has told six UK universities to take down marketing claims that could be misleading. Leicester, East Anglia, Strathclyde, Falmouth, Teesside and the University of West London have all had complaints upheld against them.’

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BBC News, 15th November 2017

Source: www.bbc.co.uk

City watchdog to regulate ‘addictive’ binary trading after scammers net £60m – Daily Telegraph

Posted November 15th, 2017 in consumer protection, financial regulation, gambling, news by sally

‘The Financial Conduct Authority is to police firms offering “binary options” following complaints of large losses by consumers and the prevalence of scams.’

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Daily Telegraph, 14th November 2017

Source: www.telegraph.co.uk

Toddler murder trial begins after almost 50 years as witness aged four at the time ‘reveals truth’ – Daily Telegraph

Posted November 15th, 2017 in child abuse, domestic violence, murder, news by sally

‘A stepfather carried the secret of a toddler’s murder for almost 50 years before the truth was uncovered by a witness aged four at the time, a court heard.’

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Daily Telegraph, 14th November 2017

Source: www.telegraph.co.uk

Firearms dealer Paul Edmunds supplied weapons to gangs – BBC News

Posted November 15th, 2017 in conspiracy, firearms, news, perverting the course of justice by sally

‘A firearms dealer has been found guilty of supplying illegal handguns and home-made ammunition linked to more than 100 crime scenes, including three murders.’

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BBC News, 14th November 2017

Source: www.bbc.co.uk

Nigel Farage withdraws ‘violent means’ claim against Hope Not Hate – The Guardian

Posted November 15th, 2017 in defamation, news, political parties by sally

‘Nigel Farage has formally withdrawn his claim that Hope Not Hate pursues “violent and undemocratic means” after it launched a crowdfunded libel case against the former Ukip leader.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

Woman jailed for manslaughter after ‘gross neglect’ of her 91-year-old grandmother – The Independent

Posted November 15th, 2017 in elderly, families, grandparents, homicide, negligence, news by sally

‘A woman has been jailed for three years for the manslaughter of her 91-year-old grandmother, who had been in need of “urgent medical attention”.’

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The Independent, 14th November 2017

Source: www.independent.co.uk

Protected parties – CPR 21.10 compatible with ECHR ARTICLES 14 and 6 – defendant entitled to withdraw from compromise agreement – Zenith PI Blog

Posted November 14th, 2017 in agreements, civil procedure rules, compromise, human rights, news by sally

‘Joseph James Penn Revill (a protected party proceedings by his litigation friend, Kirsty Marie Jarram) v Philip Damiani [2017] EWHC 2630 (QB). The claimant, who lacked the capacity to litigate and was acting by his litigation friend, sought damages for injuries sustained in a road traffic accident. His claim included a claim for future losses.’

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Zenith PI Blog, 13th November 2017

Source: zenithpi.wordpress.com

Section 33 of the Limitation Act 1980: Mossa v Wise [2017] EWHC 2608 (QB) – Zenith PI Blog

Posted November 14th, 2017 in doctors, limitations, medical treatment, negligence, news by sally

‘The High Court upheld a Master’s decision to allow a clinical negligence action to proceed pursuant to section 33 of the Limitation Act 1980.’

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Zenith PI Blog, 13th November 2017

Source: zenithpi.wordpress.com

Police cannot charge for football match-day policing on public land – UK Police Law Blog

Posted November 14th, 2017 in appeals, commons, fees, news, police by sally

‘Can the police charge a football club for match day policing on public land immediately outside a stadium, where that land is largely under the control of the club? No, the Court of Appeal re-affirmed in Ipswich Town Football Club v Chief Constable of Suffolk [2017] EWCA Civ 1484.’

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UK Police Law Blog, 13th November 2017

Source: ukpolicelawblog.com

Blackpool bar ordered to pay £336k over planning breaches – Local Government Lawyer

Posted November 14th, 2017 in confiscation, costs, fines, news, planning by sally

‘A Blackpool bar owner must pay a total of £336,000 in confiscation, a fine and costs for a lengthy breach of planning conditions.’

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Local Government Lawyer, 14th November 2017

Source: www.localgovernmentlawyer.co.uk

Judges reject challenge over adoption and special guardianship for half-brothers – Local Government Lawyer

Posted November 14th, 2017 in adoption, appeals, families, guardianship, news by sally

‘The Court of Appeal has dismissed a case brought against Wirral Metropolitan Borough Council over whether a child should be adopted when his older half-brothers, who lived with the same couple, were to be the subject of a special guardianship order.’

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Local Government Lawyer, 14th November 2017

Source: www.localgovernmentlawyer.co.uk

High Court: proportionality is about more than ‘damages v costs’ – Litigation Futures

Posted November 14th, 2017 in case management, costs, damages, news, proportionality by sally

‘Proportionality involves more than simply comparing budgets with the size of the damages claimed, a High Court judge has made clear in deciding that costs management should be applied in a case worth £350m.’

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Litigation Futures, 14th November 2017

Source: www.litigationfutures.com

Bar Council insurance call for employed barristers gets go-ahead – The Bar Council‎

Posted November 14th, 2017 in barristers, insurance, press releases, pro bono work by sally

‘Employed barristers will now be allowed to carry out pro bono work as the Bar Council’s call for professional indemnity insurance (PII) extension to cover the employed Bar has been approved by Bar Mutual.’

Full press release

The Bar Council, 13th November 2017

Source: www.barcouncil.org.uk