BAILII: Recent Decisions

Posted November 14th, 2017 in law reports by sally

High Court (Administrative Court)

Goldsworthy, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 2822 (Admin) (13 November 2017)

Sapkota, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2857 (Admin) (13 November 2017)

Holborn Studios Ltd, R (On the Application Of) v London Borough of Hackney [2017] EWHC 2823 (Admin) (10 November 2017)

High Court (Chancery Division)

Mullen v White [2017] EWHC 2796 (Ch) (13 November 2017)

High Court (Family Division)

A Local Authority v M & Ors [2017] EWHC 2851 (Fam) (13 November 2017)

High Court (Queen’s Bench Division)

NHS Trust v Y & Anor [2017] EWHC 2866 (QB) (13 November 2017)

Bates & Ors v Post Office Ltd [2017] EWHC 2844 (QB) (10 November 2017)

Source: www.bailii.org

Father tried to kill girl to repair his relationship, UK judge finds – The Guardian

Posted November 14th, 2017 in attempted murder, attempts, care orders, child abuse, murder, news by sally

‘A man twice tried to suffocate his infant daughter thinking her death might help heal his relationship with his partner, a judge has concluded.’

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The Guardian, 14th November 2017

Source: www.theguardian.com

‘Disastrous’ offender tagging scheme hit by fresh delays – The Guardian

Posted November 14th, 2017 in criminal justice, delay, news, select committees by sally

‘Fresh delays have hit the government’s scandal-hit programme for the electronic tagging of offenders, which mean the next-generation satellite tracking tags will not come into use until early 2019, MPs have been told.’

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The Guardian, 13th November 2017

Source: www.theguardian.com

Pet owner who wouldn’t take dog to vet jailed for trying to treat its cancer with paracetamol – Daily Telegraph

Posted November 14th, 2017 in animal cruelty, animals, dogs, medical treatment, news by sally

‘A pet owner who tried to treat one dog’s cancer with paracetamol and another’s severe skin condition with eczema cream because he refused to take them to the vet has been jailed.’

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Daily Telegraph, 13th November 2017

Source: www.telegraph.co.uk

Arthur Collins guilty over Dalston nightclub acid attack – BBC News

‘A man has been found guilty of carrying out an acid attack in a packed London club which left 22 people injured.’

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BBC News, 13th November 2017

Source: www.bbc.co.uk

Police officers should not treat journalists like criminals, Met Police commissioner says – Daily Telegraph

Posted November 14th, 2017 in corruption, media, news, police, professional conduct by sally

‘Police officers should be more open and transparent with journalists and should not treat them like criminals, the Commissioner of the Metropolitan Police has said.’

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Daily Telegraph, 13th November 2017

Source: www.telegraph.co.uk

Grenfell Tower fire: Britain’s housing laws ‘inadequate’ and ‘outdated’, finds Shelter report – The Independent

Posted November 14th, 2017 in fire, health & safety, housing, landlord & tenant, news, regulations, reports by sally

‘Britain’s “inadequate” and “outdated” housing laws are failing to prioritise tenant safety, a damning report commissioned by Shelter has found.’

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The Independent, 14th November 2017

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 13th, 2017 in legislation by sally

The Teachers’ Pensions Schemes (Miscellaneous Amendments) Regulations 2017

The Infrastructure Planning (Compulsory Acquisition) (Amendment) (No. 2) Regulations 2017

The Planning Act 2008 (Commencement No. 3) (England) Order 2017

The Coroners and Justice Act 2009 (Alteration of Coroner Areas) (No. 2) Order 2017

The Cultural Property (Armed Conflicts) Act 2017 (Commencement) Regulations 2017

Source: www.legislation.gov.uk

Inquiries into historical events have a troubled past: will history repeat itself?- UK Human Rights Blog

Posted November 13th, 2017 in blood products, health, inquests, inquiries, legal history, news by sally

‘The announcement of a statutory inquiry into the contaminated blood scandal may be a major step towards uncovering the truth for those affected. But an inquiry into historical events has its own unique challenges and potential pitfalls. Before it even commences, can the Government ensure the inquiry retains the confidence of victims, families and the public?’

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UK Human Rights Blog, 10th November 2017

Source: ukhumanrightsblog.com

Tax scheme negligence claims fail as time limits began to run before a tribunal decision on a similar scheme, says Court – OUT-LAW.com

‘Negligence claims against tax advisers who had given assurances about the effectiveness of tax schemes failed because the claims were not brought within the limitation period.’

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OUT-LAW.com, 10th November 2017

Source: www.out-law.com

Treat Insolvency Rules as ‘a complete code’ for payment of statutory interest, rules Court of Appeal – OUT-LAW.com

‘The Court of Appeal has determined the extent of creditors’ entitlements to statutory interest on their debts and the correct approach for calculating their entitlement. It has ruled on the entitlement of representative creditors of Lehman Brothers International (Europe) (LBIE) to the surplus funds and on the calculation of the statutory interest due to them.’

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OUT-LAW.com, 10th November 2017

Source: www.out-law.com

BAILII: Recent Deicsions

Posted November 13th, 2017 in law reports by sally

Court of Appeal (Civil Division)

T (A Child: Adoption or Special Guardianship), Re [2017] EWCA Civ 1797 (10 November 2017)

The Pennine Acute Hospitals NHS Trust v De Meza [2017] EWCA Civ 1711 (10 November 2017)

High Court (Administrative Court)

Milton Keynes Council v Skyline Taxis and Private Hire Ltd & Anor [2017] EWHC 2794 (Admin) (10 November 2017)

MS, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) (10 November 2017)

High Court (Chancery Division)

Zumax Nigeria Ltd v First City Monument Bank Plc [2017] EWHC 2804 (Ch) (10 November 2017)

Fisher & Paykel Healthcare Ltd & Anor v ResMed Ltd & Anor [2017] EWHC 2748 (Ch) (10 November 2017)

Edwardian Group Ltd & Anor v Singh & Ors [2017] EWHC 2805 (Ch) (10 November 2017)

High Court (Commercial Court)

Citicorp Trustee Company Ltd & Anor v Al-Sanea & Anor [2017] EWHC 2845 (Comm) (10 November 2017)

ST Shipping And Transport Pte Ltd v Space Shipping Ltd [2017] EWHC 2808 (Comm) (10 November 2017)

High Court (Queen’s Bench Division)

Pirtek (UK) Ltd v Jackson [2017] EWHC 2834 (QB) (09 November 2017)

Source: www.bailii.org

Defendant granted relief even though its solicitor lied about breach – Litigation Futures

‘A circuit judge has narrowly decided to grant relief from sanctions in a case where the defendant solicitor lied that documents had been sent in time when they had not.’

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Litigation Futures, 13th November 2017

Source: www.litigationfutures.com

SDT issues unprecedented rebuke of SRA over Locke Lord case comments – Legal Futures

Posted November 13th, 2017 in fines, law firms, media, news, privacy, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) has made unprecedented public criticism of the Solicitors Regulation Authority over how it presented last week’s decision to fine US law firm Locke Lord a record £500,000.’

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Legal Futures, 13th November 2017

Source: www.legalfutures.co.uk

Men jailed over huge £100m tax fraud – Crown Prosecution Service

‘Five men have been jailed today (November 10) for their part in a £100m tax fraud.’

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Crown Prosecution Service, 10th November 2017

Source: www.cps.gov.uk

Paedophile avoids jail because of bad back – Daily Telegraph

Posted November 13th, 2017 in child abuse, news, sentencing, sexual offences, suspended sentences by sally

‘A paedophile who abused three young girls more than 40-years ago has been spared jail after telling a judge he had a bad back.’

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Daily Telegraph, 12th November 2017

Source: www.telegraph.co.uk

‘Violent’ Somali criminal wins £80k payout for being unlawfully detained for 445 days – Daily Telegraph

‘A “prolific and violent offender” has won £78,500 damages from the Home Office for being unlawfully detained.’

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Daily Telegraph, 10th November 2017

Source: www.telegraph.co.uk

Man seen urinating by Bristol Cenotaph ordered to apologise to war veterans – BBC News

Posted November 13th, 2017 in armed forces, cautions, commemorations, news, outraging public decency by sally

‘A man has been cautioned and ordered to apologise to war veterans after he was seen urinating near a war memorial on Remembrance Sunday.’

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BBC News, 12th Novembe 2017

Source: www.bbc.co.uk

CCTV to be made compulsory in all animal slaughterhouses, Government announces – The Independent

‘CCTV will be made compulsory in all animal slaughterhouses under new government plans announced today. Michael Gove, the Environment Secretary, said that, from next spring, all abattoirs where live animals are present will be forced to install cameras in an attempt to clamp down on mistreatment.’

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The Independent, 12th November 2017

Source: www.independent.co.uk

Thousands of young people injured after being ‘restrained’ by officers – The Independent

‘Thousands of children and teenagers have been injured while being physically restrained in secure facilities, new figures have shown. Ministers have been urged to rethink heavy-handed techniques for restraining minors after official statistics revealed there have been more than 4,800 cases since 2010 where young people were hurt by being pinned down by officials.’

Full Story

The Independent, 13th November 2017

Source: www.independent.co.uk