BAILII: Recent Decisions

Posted December 21st, 2017 in law reports by sally

Court of Appeal (Civil Division)

L v F [2017] EWCA Civ 2121 (20 December 2017)

Bowen v Secretary of State for Justice [2017] EWCA Civ 2181 (20 December 2017)

M (Children), Re [2017] EWCA Civ 2164 (20 December 2017)

L-S (A Child) [2017] EWCA Civ 2177 (20 December 2017)

L (Children), Re [2017] EWCA Civ 2173 (20 December 2017)

Rochford v WNS Global Services (UK) Ltd & Ors [2017] EWCA Civ 2205 (20 December 2017)

Royal Devon & Exeter NHS Foundation Trust v Atos IT Services UK Ltd [2017] EWCA Civ 2196 (20 December 2017)

Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112 (20 December 2017)

Court of Appeal (Criminal Division)

Whirlpool UK Appliances Ltd v R [2017] EWCA Crim 2186 (20 December 2017)

Parsons, R v [2017] EWCA Crim 2163 (20 December 2017)

High Court (Administrative Court)

Corbiere Ltd & Ors, R (On the Application Of) v Secretary Of State For Justice & Ors [2017] EWHC 3364 (Admin) (20 December 2017)

Webb v Avon and Somerset Constabulary & Anor [2017] EWHC 3311 (Admin) (20 December 2017)

Hutchison 3G UK Ltd, R (on the application of) v Telfónica UK Ltd & Ors [2017] EWHC 3376 (Admin) (20 December 2017)

High Court (Commercial Court)

Great Station Properties SA & Anor v UMS Holding Ltd & Ors [2017] EWHC 3330 (Comm) (20 December 2017)

Rosgosstrakh Ltd v Yapi Kredi Finansal Kiralama AO & Anor [2017] EWHC 3377 (Comm) (20 December 2017)

High Court (Family Division)

AI and AJ, Re Human Fertilisation And Embryology Act 2008 [2017] EWHC 3351 (Fam) (20 December 2017)

High Court (Queen’s Bench Division)

Khakshouri v Jimenez & Anor [2017] EWHC 3392 (QB) (20 December 2017)

High Court (Technology and Construction Court)

Ziggurat (Claremont Place) LLP v HCC International Insurance Company Plc [2017] EWHC 3286 (TCC) (20 December 2017)

Source: www.bailii.org

Cardiff sex assault ex-officer banned from going out – BBC News

Posted December 21st, 2017 in electronic monitoring, news, police, sexual offences, suspended sentences by sally

‘A retired police officer has been banned from going out at night for six months after sexually assaulting a young woman in Cardiff.’

Full Story

BBC News, 20th December 2017

Source: www.bbc.co.uk

Transgender Jewish woman wins review of child contact case – The Guardian

Posted December 21st, 2017 in appeals, contact orders, human rights, Judaism, news, transgender persons by sally

‘An ultra-Orthodox Jew who left her community to start a new life as a woman has won the right to have her case reviewed in the high court after an earlier ruling that she should have no direct contact with her five children. The court of appeal has decided to refer back the case of the woman, known in court as J, who has not seen her children since leaving the tight-knit Haredi community in Manchester in 2015.’

Full Story

The Guardian, 20th December 2017

Source: www.theguardian.com

Ofcom accuses Three of holding up spectrum auction after failed legal bid – Daily Telegraph

Posted December 21st, 2017 in appeals, delay, news, telecommunications by sally

‘Mobile network Three was accused of holding up plans to bolster Britain’s mobile phone airwaves today after it sought an appeal following an unsuccessful legal challenge against Ofcom.’

Full Story

Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Man Utd fan jailed for unprovoked racist attack on Raheem Sterling – Daily Telegraph

Posted December 21st, 2017 in assault, hate crime, news, racism, sentencing by sally

‘A convicted football hooligan has been jailed for a racist attack on Raheem Sterling that left the Manchester City and England forward in a state of “complete shock”.’

Full Story

Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Police watchdog investigates death after use of restraint – The Guardian

Posted December 21st, 2017 in complaints, death in custody, news, police, restraint by sally

‘The police watchdog has launched an investigation into the death of a 25-year-old student in Oxford who was arrested by Thames Valley police shortly before he died. The Independent Police Complaints Commission is investigating the death of Nuno Cardoso, a law student from Kentish Town, north London, who died in November.’

Full Story

The Guardian, 20th December 2017

Source: www.theguardian.com

Police doctor warns of more miscarriages of justice in rape cases in row over DNA testing – Daily Telegraph

Posted December 21st, 2017 in DNA, doctors, evidence, forensic science, miscarriage of justice, news, police, rape by sally

‘A police doctor has warned of potential miscarriages of justice in rape cases after medical examinations were outsourced to the private security company G4S.’

Full Story

Daily Telegraph, 20th December 2017

Source: www.telegraph.co.uk

Jamie Hancock banned from teaching for life over ‘sexually motivated’ messages – BBC News

Posted December 21st, 2017 in disqualification, news, professional conduct, sexual offences, teachers by sally

‘A teacher has been banned from his profession for life after he “utterly exploded” proper professional boundaries.’

Full Story

BBC News, 20th December 2017

Source: www.bbc.co.uk

Maternity mistakes: 276,000 incidents logged in two years – BBC News

Posted December 21st, 2017 in birth, hospitals, mistake, negligence, news, statistics by sally

‘Tens of thousands of mothers and babies in England were harmed by potential lapses in maternity care in the past two years, the BBC has learned. More than 276,000 incidents were logged by worried hospital staff between April 2015 and March 2017 – the equivalent of one mistake for every five births.’

Full Story

BBC News, 21st Decembher 2017

Source: www.bbc.co.uk

Police made ‘appalling’ errors in using internet data to target suspects – The Guardian

Posted December 21st, 2017 in data protection, internet, mistake, news, police, privacy, reports, sexual offences, warrants by sally

‘Police have made serious errors getting search warrants for suspected sex offenders, leading to the targeting of innocent people and children being wrongly separated from their parents, an official report has revealed.’

Full Story

The Guardian, 20th December 2017

Source: www.theguardian.com

Laser pen offenders face five years in jail and unlimited fines under new laws – The Independent

Posted December 21st, 2017 in aircraft, bills, fines, health & safety, news, road traffic, sentencing, ships, transport by sally

‘People who shine lasers at air, ground and sea vehicles could be jailed for up to five years under new laws. Offenders also face unlimited fines as part of Department for Transport (DfT) measures to boost safety.’

Full Story

The Independent, 20th December 2017

Source: www.independent.co.uk

Mohammed Awan: Brother of British Isis suicide bomber jailed for 10 years for plotting UK terror attack – The Independent

Posted December 20th, 2017 in conspiracy, news, sentencing, terrorism by sally

‘The brother of an Isis suicide bomber has been jailed for 10 years for preparing for a potential terrorist attack.’

Full Story

The Independent, 20th December 2017

Source: www.independent.co.uk

Swindon mum of eight killer has appeal rejected – BBC News

Posted December 20th, 2017 in appeals, mental health, news, sentencing by sally

‘A woman jailed for murdering a mother of eight has had an appeal against her conviction and sentence rejected.’

Full Story

BBC News, 20th December 2017

Source: www.bbc.co.uk

Stepfather jailed over boy’s water park drowning – BBC News

Posted December 20th, 2017 in children, homicide, negligence, news, sentencing, social services, suspended sentences by sally

‘The stepfather of a five-year-old boy who drowned at a water park has been jailed for seven-and-a-half years.’

Full Story

BBC News, 20th December 2017

Source: www.bbc.co.uk

Bring it on… bring it all on! The risky strategy of leaving over arguments for another day in serial adjudications – Practical Law: Construction Blog

Posted December 20th, 2017 in construction industry, contracts, damages, dispute resolution, news, time limits by sally

‘One of the fears relating to adjudication is that a referring party will attempt to achieve success by grinding the responding party down through serial adjudications until it achieves the result it wants or the responding party gives in. In Benfield Construction Ltd v Trudson (Hatton) Ltd, Coulson J issued a clear warning that such an approach would not be condoned, stating.’

Full Story

Practical Law: Construction Blog, 20th December 2017

Source: constructionblog.practicallaw.com

Modern Slavery guidance – Sentencing Council

Posted December 20th, 2017 in press releases, sentencing, sexual offences, trafficking in human beings by sally

‘Explanatory guidance for sentencing offences of sexual exploitation under section 2 of the Modern Slavery Act 2015 has now been included in the Sexual Offences guidelines.’

Full press releases

Sentencing Council, 19th December 2017

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

Hacker sentenced for cyber-attacks on high-profile companies – Crown Prosecution Service

Posted December 20th, 2017 in computer crime, guilty pleas, news, sentencing by sally

‘A teenage hacker who helped others to target high profile companies such as Virgin, O2, NatWest Bank and Netflix has been sentenced after facilitating cyber-attacks that crashed their websites.’

Full Story

Crown Prosecution Service, 19th December 2017

Source: www.cps.gov.uk

Man convicted of flying drones into HMP Birmingham – Crown Prosecution Service

Posted December 20th, 2017 in aircraft, drug trafficking, news, prisons by sally

‘A man has been jailed for five years today after being convicted of flying drones carrying £35,000 worth of drugs and contraband items into prison grounds.’

Full Story

Crown Prosecution Service, 19th December 2017

Source: www.cps.gov.uk

Missed opportunities over Lammy Review: Bar Council responds on judicial diversity – The Bar Council

Posted December 20th, 2017 in diversity, judiciary, minorities, press releases, reports by sally

‘Whilst encouraged by the Government’s response to many of the recommendations in the Lammy Review, the Bar Council today expressed disappointment that key opportunities to address diversity in the judiciary have been missed.’

Full press release

The Bar Council, 19th December 2017

Source: www.barcouncil.org.uk

Bitcoin, blockchain and smart contracts: consequences for family law in the not too distant future – Family Law Week

Posted December 20th, 2017 in cryptocurrencies, electronic filing, financial provision, land registration, news by sally

‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the possible implications of bitcoin, bitchain and other developments on financial remedy cases.’

Full Story

Family Law Week, 13th December 2017

Source: www.familylawweek.co.uk