BAILII: Recent Decisions
High Court (Chancery Division)
Global Corporate Ltd v Hale [2017] EWHC 2277 (Ch) (13 September 2017)
Source: www.bailii.org
Charities need right rules to run effectively – report – Law Commission
‘Changes to the law could help charities run more effectively, according to the Law Commission. In a new report – Technical Issues in Charity Law – published today, the Commission says that problems in charity law prevent or delay legitimate charitable activities, discourage people from volunteering, and force charities to obtain professional advice that should not be necessary.’
Law Commission, 14th September 2017
Source: www.lawcom.gov.uk/
Watchdog warns over police database of millions of facial images – The Guardian
‘An official watchdog has issued a fresh warning over the police’s use of more than 20m facial images on their searchable databases, more than five years after the courts ruled that the inclusion of images of innocent people was unlawful.’
The Guardian, 13th September 2017
Source: www.theguardian.com
The President of the Family Division has issued a circular dealing with domestic abuse and containing a new PD12J, which comes into force on 2 October 2017 – Family Law
‘The President of the Family Division has issued a circular dealing with domestic abuse and containing a new PD12J, which comes into force on 2 October 2017.’
Family Law, 14th September 2017
Source: www.familylaw.co.uk
Court of Appeal clarifies ‘serious harm’ test under defamation laws – OUT-LAW.com
‘A new ruling by the Court of Appeal has confirmed that it will not be as challenging for people to bring defamation claims before the courts in England and Wales under new defamation laws as many media organisations may have hoped, a specialist in media litigation has said.’
OUT-LAW.com, 13th September 2017
Source: www.out-law.com
Insurers have ‘duty to speak’ in claims management, rules Court of Appeal – OUT-LAW.com
‘Insurers have a positive obligation to make their position plain with insureds in the course of managing claims, the Court of Appeal has ruled. This “duty to speak” arises from good faith obligations in normal commercial contracts and not because of the more onerous utmost good faith obligations in insurance contracts. Those additional obligations, however, may “enlarge the circumstances in which a duty to speak arises”.’
OUT-LAW.com, 13th September 2017
Source: www.out-law.com
Team investigating anti-MP crime deals with 102 complaints in first year – The Guardian
‘A specialist police team set up to investigate crimes against MPs has dealt with 102 complaints in its first year of operation.’
The Guardian, 14th September 2017
Source: www.theguardian.com
Prison ‘reboot’ may free up 7,000 prison places, says thinktank – The Guardian
‘A “reboot” of the government’s “rehabilitation revolution”, including the early release of well-behaved prisoners, could free up more than 7,000 prison places, according to the latest report from a centre-right thinktank.’
The Guardian, 14th September 2017
Source: www.theguardian.com
Ian Paterson: Spire Healthcare to pay out £27.2m to victims of rogue breast surgeon – Daily Telegraph
‘Hundreds of NHS patients who suffered at the hands of rogue cancer surgeon Ian Paterson will have been paid more in compensation for their trauma than his private patients, it has emerged. Around 750 private patients operated on by the disgraced surgeon will receive a total of £37.2 million for the physical and psychological pain they suffered undergoing unnecessary treatment, it was announced yesterday.’
Daily Telegraph, 13th September 2017
Source: www.telegraph.co.uk
Samim Bigzad: Home Office ‘violates court order’ to deport Afghan man threatened with beheading to Kabul – The Independent
‘The Home Office has been accused of violating a court order to deport an Afghan man threatened with beheading by the Taliban.’
The Independent, 13th September 2017
Source: www.independent.co.uk
Prisoner ‘trapped’ in jail for 11 years to be released – BBC News
‘A man who has served 11 years in prison for what was a 10-month sentence is to be released, the Parole Board has said. James Ward was sentenced under Imprisonment for Public Protection (IPP), after he set fire to his bed while in jail for actual bodily harm. The 33-year-old has mental health problems and has regularly self-harmed while serving his indefinite sentence.’
BBC News, 14th September 2017
Source: www.bbc.co.uk
Rashan Charles: Officer involved in restraining man whose death sparked protests faces gross misconduct probe – Daily Telegraph
‘The police officer who initially restrained a man whose death sparked violent street protests is being investigated for gross misconduct, the police watchdog has said.’
Daily Telegraph, 13th September 2017
Source: www.telegraph.co.uk
Driver who ploughed into cyclists after spraying them with windscreen wash is jailed – The Independent
‘A road-rage driver has been jailed after being found guilty of deliberately swerving into a group of cyclists – including two children.’
The Independent, 13th September 2017
Source: www.independent.co.uk
Balancing mission, aesthetics and heritage of parish churches – further considerations – Law & Religion UK
‘In our post, Balancing mission, aesthetics and heritage of parish churches, we noted that the Church’s consistory courts are frequently required to weigh up the relative merits of proposed building work for repair or modification in terms of their impact on the heritage and aesthetics of the building against its overall mission within the community.’
Law & Religion UK, 13th September 2017
Source: www.lawandreligionuk.com
Judges order fresh hearing in row over damage caused by protected tree – Local Government Lawyer
‘The Upper Tribunal (Lands Chamber) must reconsider a case in which it awarded compensation of £25,000 against South Gloucestershire Council over damage caused by an oak made subject to a tree preservation order (TPO), the Court of Appeal has ruled.’
Local Government Lawyer, 13th September 2017
Source: localgovernmentlawyer.co.uk
Predatory paedophile has his sentence increased by 3 years – Attorney General’s Office
‘Abingdon man who used fake online profiles to abuse children has his sentence increased by the Court of Appeal.’
Attorney General’s Office, 12th September 2017
Source: www.gov.uk/ago
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Lachaux v Independent Print Ltd [2017] EWCA Civ 1327 (12 September 2017)
Lachaux v Independent Print Ltd [2017] EWCA Civ 1334 (12 September 2017)
High Court (Chancery Division)
A & Ors v D & Ors [2017] EWHC 2222 (Ch) (12 September 2017)
High Court (Queen’s Bench Division)
Montpelier Business Reorganisation Ltd v Jones & Ors [2017] EWHC 2273 (QB) (12 September 2017)
Jones v Chichester Harbour Conservancy & Ors [2017] EWHC 2270 (QB) (12 September 2017)
Source: www.bailii.org
Landmark appeal judgment dents libel threshold hopes – Law Society’s Gazette
‘A Court of Appeal ruling has dealt a blow to hopes that the 2013 Defamation Act would raise the bar to libel actions in England and Wales courts. In Bruno Lachaux v Independent Print Limited and Evening Standard Limited, and Bruno Lachaux v AOL (UK) Limited, the court dismissed an appeal by publishers against a High Court finding that a French national living in Dubai had been caused “serious harm” by the publication of allegations by his former wife.’
Law Society's Gazette, 12th September 2017
Source: www.lawgazette.co.uk
Deadline day dispute after claimant serves in final moments – Law Society’s Gazette
‘The High Court has made yet another attempt to clarify rules around service of claim after a dispute over deadlines in a personal injury case.’
Law Society's Gazette, 13th September 2017
Source: www.lawgazette.co.uk
Judge attacks Department for Work and Pensions for failing to tackle benefits cheats – Daily Telegraph
‘A judge has attacked the Department for Work and Pensions for failing to tackle benefits cheats and said he thinks they should be forced to pay back money sooner.’
Daily Telegraph, 12th September 2017
Source: www.telegraph.co.uk
