BAILII: Recent Decisions
Court of Appeal (Civil Division)
Cheema v Jones & Ors [2017] EWCA Civ 1706 (02 November 2017)
Adam Architecture Ltd v Halsbury Homes Ltd [2017] EWCA Civ 1735 (02 November 2017)
High Court (Administrative Court)
Zarmaev v The Government of the Russian Federation [2017] EWHC 2705 (Admin) (02 November 2017)
High Court (Chancery Division)
Christodoulides v Marcou [2017] EWHC 2691 (Ch) (01 November 2017)
High Court (Family Division)
ES v OS [2017] EWHC 2735 (Fam) (31 October 2017)
Source: www.bailii.org
High Court judge rejects appeal by council over dismissal of possession claim – Local Government Lawyer
‘An appeal by the London Borough of Southwark in a possession case has been dismissed as being based on a disagreement about the facts found by the original judge.’
Local Government Lawyer, 1st November 2017
Source: localgovernmentlawyer.co.uk
Council loses appeal over after-care services and personal injury damages – Local Government Lawyer
‘Manchester City Council has lost an appeal over whether a person who has been compulsorily detained in a hospital for mental disorder under the Mental Health Act 1983 and has then been released from detention but still requires “after-care services” is entitled to require his local authority to provide such services at any time before he has exhausted the sums received in damages from his personal injury claim.’
Local Government Lawyer, 3rd November 2017
Source: localgovernmentlawyer.co.uk
First Courts & Tribunals Service Centres launched – Ministry of Justice
‘The country’s first Courts & Tribunals Service Centres will be launched in Birmingham and Stoke-on-Trent.’
Ministry of Justice, 2nd November 2017
Source: www.gov.uk/government/organisations/ministry-of-justice
Secretary of State’s oral statement on sentencing – Ministry of Justice
‘Rt Hon David Lidington MP, the Lord Chancellor and Secretary of State for Justice, has today delivered an Oral Statement to the House of Commons.’
Ministry of Justice, 2nd November 2017
Source: www.gov.uk/government/organisations/ministry-of-justice
Judiciary signals major culture and rule change to control disclosure – Litigation Futures
‘A “wholesale cultural change” in the approach to disclosure in the Business and Property Courts is needed, a judiciary-led working group has said, which will be brought about by a completely new rule and guidelines applying to the majority of cases.’
Litigation Futures, 2nd November 2017
Source: www.litigationfutures.com
Court allows defendant to ditch settlement reached three days before discount rate change – Litigation Futures
‘The High Court has upheld the right of a defendant in a personal injury claim to resile from a settlement agreement made three days before the discount rate was cut earlier this year.’
Litigation Futures, 3rd November 2017
Source: www.litigationfutures.com
Technology will put one in five legal jobs at risk, Law Society predicts – Legal Futures
‘Legal jobs are already being lost to technology, with the figure climbing to tens of thousands over the next two decades as automation and the use of artificial intelligence (AI) take hold, according to the Law Society.’
Legal Futures, 3rd November 2017
Source: www.legalfutures.co.uk
Covert recordings in family proceedings (Re B (A Child)) – Family Law
‘Family analysis: Farooq Ahmed, barrister at Westgate Chambers, considers the Court of Appeal’s decision in Re B (A Child) and how practitioners should consider whether to introduce covert recordings in family proceedings.’
Family Law, 1st November 2017
Source: www.familylaw.co.uk
Videos: High Court judges talk about their work – Courts and Tribunals Judiciary
‘For those thinking of applying to the High Court we asked serving High Court judges and a former High Court judge why they applied, what their preconceptions were and what their experience has been.’
Courts and Tribunals Judiciary, 2nd November 2017
Source: www.judiciary.gov.uk
Interim statute bills must contain disbursements, court rules – Law Society’s Gazette
‘The High Court has served notice to solicitors to submit complete invoices after it backed a ruling that a statute bill served by a law firm should contain details of disbursements.’
Law Society's Gazette, 3rd November 2017
Source: www.lawgazette.co.uk
Peers warn of low morale in judiciary and call for greater diversity – The Guardian
‘The dilapidated state of some courts, a shortage of support staff and heavy administrative burdens are depressing the judiciary’s morale, a parliamentary report has warned.’
The Guardian, 2nd November 2017
Source: www.theguardian.com
Teaching ban affirmed for world famous bassist after assault conviction – The Guardian
‘A music teacher convicted of indecently assaulting his students has been banned from teaching children following a long legal battle.’
The Guardian, 2nd November 2017
Source: www.theguardian.com
Woman, 80, jailed over dog attack on five-year-old girl – BBC News
‘An 80-year-old woman has been jailed for 12 months after her son’s dog attacked a five-year-old girl, leaving her with facial injuries.’
BBC News, 2nd November 2017
Source: www.bbc.co.uk
Teddy Tilston murder: Man who beat partner’s two-year-old son to death in fit of rage jailed for 17 years – The Independent
‘A man who murdered his girlfriend’s two-year-old son after flying into “a rage” has been jailed for a minimum of 17 years.’
The Independent, 3rd November 2017
Source: www.independent.co.uk
Judiciary needs a pay rise – says senior judge on £200k salary – Daily Telegraph
‘The judiciary needs a pay rise, a senior judge paid more than £200,000 a year has said. Lord Justice Gross, who sits in the Court of Appeal, made the comments in a speech to the Institute of Maritime Law on Wednesday. He said: “No one goes into the Judiciary to make money. But there comes a point when pay is so far out of line with the private sector market that it endangers recruitment – of the very best – and retention. There is a danger in relying unduly on goodwill.”‘
Daily Telegraph, 2nd November 2017
Source: www.telegraph.co.uk
Brecon Beacons deaths: families dismayed at junior officers’ charges – The Guardian
‘The families of three men who suffered fatal heat illness during an SAS training march in the Brecon Beacons have expressed dismay that two relatively junior special services soldiers face charges of neglect rather than more senior figures or Ministry of Defence officials.’
The Guardian, 2nd November 2017
Source: www.theguardian.com
Home Office monitoring of missing foreign offenders criticised – BBC News
‘Not enough is being done to find almost 56,000 absconded foreign nationals due to be deported, a report has said. The Chief Inspector of Borders and Immigration said efforts to monitor a further 80,000 foreign offenders and illegal immigrants was being “seriously compromised” by Home Office failings.’
BBC News, 2nd November 2017
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)
Actavis Group PTC EHF & Anor v Teva UK Ltd & Ors [2017] EWCA Civ 1671 (01 November 2017)
Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 (01 November 2017)
Kamki v The Secretary of State for the Home Department [2017] EWCA Civ 1715 (31 October 2017)
Court of Appeal (Criminal Division)
Lewis & Anor, R v [2017] EWCA Crim 1734 (01 November 2017)
High Court (Chancery Division)
Shah v Shah & Anor [2017] EWHC 2693 (Ch) (01 November 2017)
High Court (Technology and Construction Court)
Interserve Construction Ltd v Hitachi Zosen Inova AG [2017] EWHC 2633 (TCC) (31 October 2017)
Source: www.bailii.org
