BAILII: Recent Decisions

Posted September 11th, 2017 in law reports by sally

High Court (Administrative Court)

Network Rail Infrastructure Ltd, R (On the Application Of) v The Secretary of State for the Environment, Food And Rural Affairs [2017] EWHC 2259 (Admin) (08 September 2017)

High Court (Queen’s Bench Division)

Grainger v North East London NHS Foundation Trust [2017] EWHC 2254 (QB) (08 September 2017)

London Borough of Croydon v Dodsworth & Ors [2017] EWHC 2257 (QB) (08 September 2017)

Thomas Cook Airlines Ltd v British Airline Pilots Association [2017] EWHC 2253 (QB) (06 September 2017)

Source: www.bailii.org

Child sexual abuse inquiry to consider Edward Heath report – The Guardian

Posted September 11th, 2017 in child abuse, inquiries, news, police, sexual offences by sally

‘The controversial police investigation into allegations that Sir Edward Heath was a paedophile will be considered by the London-based child sexual abuse inquiry.’

Full Story

The Guardian, 10th September 2017

Source: www.theguardian.com

GP probed for giving child, 12, gender-change hormones – BBC News

Posted September 11th, 2017 in complaints, doctors, medical treatment, news, transgender persons, Wales, young persons by sally

‘A Monmouthshire GP is being investigated over complaints about her giving gender-change hormones to children as young as 12.’

Full Story

BBC News, 10th September 2017

Source: www.bbc.co.uk

Victims shouldn’t expect police visits, says Chief Constable – Daily Telegraph

Posted September 11th, 2017 in crime, internet, news, police, victims by sally

‘Sussex Chief Constable Giles York questioned whether an in-person visit served any purpose and said it would be more “convenient” for members of the public to interact with the force online.’

Full Story

Daily Telegraph, 10th September 2017

Source: www.telegraph.co.uk

Slavery checks not fit for purpose at UK firms, report says – BBC News

Posted September 11th, 2017 in employment, forced labour, news, reports, trafficking in human beings by sally

‘UK businesses are running the risk of employing forced labour because they do not know enough about their staff, researchers have warned.’

Full Story

BBC News, 11th September 2017

Source: www.bbc.co.uk

Police watchdog to hold misconduct hearing in secret over man’s death – The Guardian

‘A disciplinary hearing of six police officers who have been accused of gross misconduct over the death of a 23-year-old man who died after a prolonged period of restraint seven years ago will begin in secret on Monday.’

Full Story

The Guardian, 11th september 2017

Source: www.theguardian.com

Abused children ‘refused compensation’ over consent – BBC News

Posted September 11th, 2017 in child abuse, compensation, consent, freedom of information, news, sexual grooming, victims by sally

‘A woman sexually abused as a child by a grooming gang leader was told by a government body she “consented” to it. Sammy Woodhouse was initially denied compensation by the Criminal Injuries Compensation Authority (CICA) which said she was not “manipulated”. A Freedom of Information request revealed she is one of nearly 700 child victims of sexual abuse, including grooming, to be refused payments.’

Full Story

BBC News, 11th September 2017

Source: www.bbc.co.uk

Three men and a boy jailed for ‘abhorrent’ rape of girl, 16, in Ramsgate – Daily Telegraph

Posted September 11th, 2017 in imprisonment, news, rape, sentencing, young persons by sally

‘Three men and a boy who subjected a lost teenage girl to an “abhorrent” rape have been jailed.’

Full Story

Daily Telegraph, 14th September 2017

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 8th, 2017 in legislation by sally

The Democratic People’s Republic of Korea (European Union Financial Sanctions) (Amendment) (No. 2) Regulations 2017

The Facilitation of Tax Evasion Offences (Guidance About Prevention) Regulations 2017

The Immigration and Nationality (Fees) (Amendment) Regulations 2017

The Valuation of Minor Intermediate Leasehold Interests (England) Regulations 2017

The Building (Amendment) Regulations 2017

The United Nations and European Union Financial Sanctions (Linking) (Amendment) Regulations 2017

The Civil Procedure (Amendment No. 2) Rules 2017

The Tonnage Tax (Training Requirement) (Amendment etc.) Regulations 2017

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2017

The Merchant Shipping (Registration of Ships) (Amendment) Regulations 2017

The Fire and Rescue Authority (Police and Crime Commissioner) (Application of Local Policing Provisions, Inspection, Powers to Trade and Consequential Amendments) Order 2017

Source: www.legislation.gov.uk

R (Davey) v Oxfordshire CC in the Court of Appeal – Community Care Blog

‘Last Friday the Court of Appeal delivered judgment in R (Davey) v Oxfordshire CC [2017] EWCA Civ 1308. This is the first time the Court of Appeal has examined the provisions of the Care Act 2014.’

Full Story

Community Care Blog, 7th September 2017

Source: communitycare11kbw.com

Consistory court evidence or “Call My Bluff”: Episode 2 – Law & Religion UK

Posted September 8th, 2017 in ecclesiastical law, evidence, news by sally

‘The second of two posts on information submitted as evidence to consistory courts.’

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Law & Religion UK, 7th September 2017

Source: www.lawandreligionuk.com

Uncertainty of prognosis is no excuse for late acceptance of Part 36 offer – Zenith PI

Posted September 8th, 2017 in delay, news, part 36 offers, personal injuries by sally

‘Briggs v CEF Holdings Ltd (2017) CA (unreported). It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce its impact.’

Full Story

Zenith PI, 8th September 2017

Source: zenithpi.wordpress.com

Ombudsman criticises council for errors in children’s complaints handling – Local Government Lawyer

Posted September 8th, 2017 in community care, complaints, learning difficulties, local government, news, reasons by sally

‘The Local Government and Social Care Ombudsman (LGO) has criticised a London borough after two brothers with learning difficulties saw their care and support packages reduced without their mother being told why.’

Full Story

Local Government Lawyer, 7th September 2017

Source: localgovernmentlawyer.co.uk

Lammy review: final report – Official Publications

Posted September 8th, 2017 in bias, criminal justice, minorities, prosecutions, race discrimination, reports by sally

‘An independent review into the treatment of, and outcomes for Black, Asian and Minority Ethnic individuals in the criminal justice system.’

Full report

Official Publications, 8th September 2017

Source: www.gov.uk/government/publications

A good day for defendants – lawyers react to discount rate reform and NAO report – Litigation Futures

Posted September 8th, 2017 in compensation, costs, insurance, negligence, news, personal injuries by sally

‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’

Full Story

Litigation Futures, 8th September 2017

Source: www.litigationfutures.com

UK high court blocks deportation of man who accuses G4S of abuse – The Guardian

Posted September 8th, 2017 in assault, asylum, deportation, immigration, news, security companies by sally

‘A high court judge has made an 11th-hour intervention to prevent an immigration detainee who claims he has been abused by G4S from being forcibly removed from the UK.’

Full Story

The Guardian, 7th September 2017

Source: www.theguardian.com

DPP – John Harris Memorial Lecture – Crown Prosecution Service

Posted September 8th, 2017 in criminal justice, Crown Prosecution Service, fraud, mental health, police, speeches by sally

‘Speech from Alison Saunders, DPP, on developments in technology and society, and addressing terrorism, fraud and mental health issues.’

Full speech

Crown Prosecution Service, 5th September 2017

Source: www.cps.gov.uk

UK citizens set for “second class status” – EU (Withdrawal) Bill – The Bar Council

Posted September 8th, 2017 in bills, devolution, EC law, environmental protection, jurisdiction, news, treaties by sally

‘”This Bill will leave UK citizens and businesses with less protection against the power of the state. Rights are not being brought home, they are being abolished.”
Andrew Langdon QC, Chair of the Bar.’

Full Story

The Bar Council, 7th September 2017

Source: www.barcouncil.org.uk

Returning jihadis will end up in family courts, Lord Chief Justice warns – Daily Telegraph

Posted September 8th, 2017 in care orders, families, family courts, Islam, news, terrorism by sally

‘British jihadis returning from Syria will put pressure on the family courts over the next year, the Lord Chief Justice has said.’

Full Story

Daily Telegraph, 7th September 2017

Source: www.telegraph.co.uk

Vivienne Westwood’s son challenges Ineos injunction on fracking protest – The Guardian

Posted September 8th, 2017 in demonstrations, environmental protection, fracking, injunctions, news by sally

‘An environmental campaigner is challenging the legality of a wide-ranging injunction obtained against protesters by a multinational firm that he criticised as being “draconian, anti-democratic and oppressive”.’

Full Story

The Guardian, 7th September 2017

Source: www.theguardian.com