BAILII: Recent Decisions
Court of Appeal (Civil Division) Decisions
High Court (Chancery Division)
High Court (Commercial Court)
Source: www.bailii.org
Burger van owner prosecuted after going on anti-Islamic rant and refusing to serve a sausage sandwich – Daily Telegraph
‘A burger van owner has been prosecuted after he refused to serve a sausage sandwich to a customer who argued against his anti-Islamic views.’
Daily Telegraph, 11th July 2017
Source: www.telegraph.co.uk
Man wins equal pension rights for husband at supreme court – The Guardian
‘A gay former cavalry officer has won a legal battle to provide his husband with equal pension rights in a landmark discrimination case at the supreme court.’
The Guardian, 12th July 2017
Source: www.theguardian.com
Grenfell judge bows to pressure to extend inquiry consultation period for survivors – Daily Telegraph
‘The judge presiding over the Grenfell Tower fire inquiry had bowed to pressure from campaigners to extend the consultation period for the families involved.’
Daily Telegraph, 12th July 2017
Source: www.telegraph.co.uk
High Court allows UK government to continue exporting arms to Saudi Arabia – UK Human Rights Blog
‘A challenge to the legality of UK’s sale of arms to Saudi Arabia has failed. The claim sprang from the conflict in Yemen and the border areas of Saudi Arabia. It focussed on airstrikes conducted by a coalition led by Saudi Arabia in support of the legitimate government of Yemen against the Shia-led Houthi rebellion. UK arms export policy states that the government must deny licenses for sale of arms to regimes if there is a ‘clear risk’ that the arms ‘might’ be used in ‘a serious violation of International Humanitarian Law. This in turn is based on the EU Common Position 2008/944/CFSP on arms export control, which explicitly rules out the authorising of arms licences by Member States in these “clear risk” circumstances.’
UK Human Rights Blog, 11th July 2017
Source: ukhumanrightsblog.com
Disclosure of judge’s handwritten notes – the ICO speaks – Panopticon
‘Some of you may have read in last week’s Guardian of an ICO ruling which resulted in the Ministry of Justice handing over a judge’s handwritten notes under data protection legislation (if not, see the article here). If you did read the article, it may be that you are now scratching your head trying to work out why and how the notes came to be disclosed. Well you need scratch no longer – here is the ICO decision letter (for which thanks to Mrs Percival).’
Panopticon, 11th July 2017
Source: panopticonblog.com
Permission for judicial review fails in diverted profits tax case – OUT-LAW.com
‘Permitting judicial review of the issue of a diverted profits tax (DPT) charging notice would “undermine parliament’s intent”, the High Court has decided in a case concerning oil and gas distributing company, Glencore Energy.’
OUT-LAW.com, 11th July 2017
Source: www.out-law.com
Court awards aggravated damages against Ombudsman over case handling – Local Government Lawyer
‘Aggravated damages have been awarded against the Local Government and Social Care Ombudsman over its treatment of an applicant.’
Local Government Lawyer, 11th July 2017
Source: www.localgovernmentlawyer.co.uk
Aristocrat faces jail after being menacing and racist about Gina Miller – The Guardian
‘A viscount who offered money on Facebook for anyone to run over and kill anti-Brexit campaigner Gina Miller is facing jail after being convicted of sending menacing messages.’
The Guardian, 11th July 2017
Source: www.theguardian.com
‘Over-sexualised’ Femfresh shaving advert banned for objectifying women – Daily Telegraph
‘An ad for female shaving products has been banned for objectifying women and the likelihood that it would cause serious or widespread offence.’
Daily Telegraph, 12th July 2017
Source: www.telegraph.co.uk
Not looked into enough to be unaware – Nearly Legal
‘A second appeal of a homeless decision that Ms T was intentionally homeless, on the issues of whether Ms T’s actions were “an act or omission in good faith on the part of a person who was unaware of any relevant fact” as per s.192(2) Housing Act 1996.’
Nearly Legal, 11th July 2017
Source: nearlylegal.co.uk
Thomas Cook wins fake holiday sickness case – BBC News
‘Travel company Thomas Cook says it has won a legal victory against a fake holiday sickness claim and plans to challenge other such claims in court.’
BBC News, 11th July 2017
Source: www.bbc.co.uk
New criminal tagging system scaled back after ministry failings – The Guardian
‘A new tagging system to monitor criminals has been dramatically scaled back and is running at least five years behind schedule after a series of expensive failings by the Ministry of Justice, the government’s spending watchdog has found.’
The Guardian, 12th July 2017
Source: www.theguardian.com
Contaminated blood scandal: Theresa May orders inquiry – The Guardian
‘The government is to hold a full inquiry into how thousands of people were infected with hepatitis C and HIV following blood transfusions in the 1970s and 1980s, Downing Street has announced.’
The Guardian, 11th July 2017
Source: www.theguardian.com
Law Pod UK Episode 5: Further ruling on NI abortion rights, Charlie Gard, and transgender in Ultra-Orthodox Jewish community – 1 COR
‘Sarah Jane Ewart and Rosalind English discuss the latest developments in access to abortion for Northern Irish women, the lessons to be learned from the Charlie Gard case, and the difficult decision that the courts had to reach when considering the best interests of children in an Ultra-Orthodox Jewish family, where the father had left the community as a transgender person.’
Law Pod UK, 6th July 2017
Source: audioboom.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
- Knight, R (on the application of) v Secretary of State for Transport & Ors [2017] EWHC 1722 (Admin) (10 July 2017)
- Campaign Against Arms Trade, R (on the application of) v The Secretary of State for International Trade [2017] EWHC 1754 (Admin) (10 July 2017)
High Court (Queen’s Bench Division)
- The English Electric Company Ltd v Alstom UK [2017] EWHC 1748 (QB) (10 July 2017)
- ABC (A Mother) v The Chief Constable of West Yorkshire Police [2017] EWHC 1650 (QB) (07 July 2017)
Source: www.bailii.org
Shorter trials scheme case keeps costs under control – Litigation Futures
‘A contractual dispute between an oil trader and a biofuels manufacturer has shown the “possibilities for swift and litigation” under the High Court’s shorter trials scheme (STS), according to the barrister acting for the defendant.’
Litigation Futures, 11th July 2017
Source: www.litigationfutures.com
Court of Appeal QOCS decision provides claimant insurers comfort, says expert – OUT-LAW.com
‘The Court of Appeal has ruled that qualified one-way costs shifting (QOCS) should apply where an injured party has the right to pursue compensation against an organisation such as an insurance company or tour operator, rather than the wrongdoer.’
OUT-LAW.com, 11th July 2017
Source: www.out-law.com
The Grenfell Tower inquiry: is Moore-Bick the fact-finder for the job? – Legal Futures
‘If you write a blog on civil procedure, it is not hard to steer a course away from the issues of the day.
However, there is one issue of the day that is hard to ignore. The criticisms of the appointment of Sir Martin Moore-Bick to chair the inquiry into the Grenfell Tower disaster.’
Legal Futures, 11th July 2017
Source: www.legalfutures.co.uk
Big pharma sues drugs watchdog over medicines price cap – Daily Telegraph
‘British pharmaceutical companies are suing the NHS’s drugs watchdog in an effort to prevent drug rationing.’
Daily Telegraph, 10th July 2017
Source: www.telegraph.co.uk
