First opt-out class action withdrawn as potential costs outweigh damages – OUT-LAW.com

Posted June 7th, 2017 in class actions, competition, consumer protection, costs, damages, news, tribunals by sally

‘The UK’s first ‘opt-out’ class action claim has been withdrawn on the basis that its costs would outweigh the potential damages available.’

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OUT-LAW.com, 5th June 2017

Source: www.out-law.com

Judge dismisses prosecution of taxi company over cross-border bookings – Local Government Lawyer

‘A taxi firm did not break the law when an automated booking system allocated a customer enquiry in one local authority area to a cab owned by the same firm but licensed by a neighbouring council.’

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Local Government Lawyer, 6th June 2017

Source: www.localgovernmentlawyer.co.uk

Farmers in row with ASA after milk advert claiming dairy farms are ‘good for the land’ is banned for being misleading – Daily Telegraph

Posted June 7th, 2017 in advertising, agriculture, environmental protection, news by sally

‘Farmers have hit out at a ruling by the advertising watchdog that organic dairy farming is not “good for the land”.’

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Daily Telegraph, 7th June 2017

Source: www.telegraph.co.uk

Two England fans have been banned for life for Nazi gestures – BBC News

Posted June 7th, 2017 in news, penalties, sport by sally

‘The Football Association has issued lifetime bans to England fans for the first time after two supporters’ club members made Nazi gestures in Germany.’

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BBC News, 6th June 2017

Source: www.bbc.co.uk

May: I’ll rip up human rights laws that impede new terror legislation – The Guardian

‘Theresa May has declared she is prepared to rip up human rights laws to impose new restrictions on terror suspects, as she sought to gain control over the security agenda just 36 hours before the polls open.’

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The Guardian, 6th June 2017

Source: www.theguardian.com

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 6th, 2017 in appeals, government departments, immigration, news, tribunals by sally

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

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Free Movement 5th June 2017

Source: www.freemovement.org.uk

UK unlawfully denies transfer to UK of refugees living for 18 years in Cyprus British Sovereign Base – Free Movement

Posted June 6th, 2017 in appeals, armed forces, immigration, news, refugees, treaties by sally

‘R (Bashir) v Secretary of State for the Home Department [2017] EWCA Civ 397. The British Sovereign Base Areas (“SBAs”) are small British-run areas on the Cyprus islands that survived the former colony’s independence. The Home Office has taken the position for a number of years that the Refugee Convention does not apply there. The Court of Appeal has unanimously held that in doing so, then-Home Secretary Theresa May acted unlawfully in denying refugees from the SBAs access to the UK.’

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Free Movement, 6th June 2017

Source: www.freemovement.org.uk

New corporate criminal offence: what will an investigation look like? – OUT-LAW.com

Posted June 6th, 2017 in crime, financial regulation, HM Revenue & Customs, news, tax evasion by sally

‘HMRC has stepped up its criminal investigations into corporates, without waiting for the new corporate offence of failing to prevent the facilitation of tax evasion to become effective Large companies should refresh their raids and critical incident procedures in case HMRC officers appear without warning.’

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OUT-LAW.com, 5th June 2017

Source: www.out-law.com

Definitive guidelines on sentencing children and young people and reduction in sentence for a guilty plea come into effect – Sentencing Council

Posted June 6th, 2017 in children, guilty pleas, news, press releases, sentencing, young offenders by sally

‘The revised guidelines on sentencing children and young people and reduction in sentence for a guilty plea have come into effect today (1 June 2017).’

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Sentencing Council, 1st June 2017

Source: www.sentencingcouncil.org.uk

Council pays £2k in compensation to blind woman over 2015 election breaches – Local Government Lawyer

Posted June 6th, 2017 in compensation, disabled persons, elections, equality, news by sally

‘A local authority has settled a claim brought by a woman who is registered as blind over alleged breaches of her right to vote at local and general elections in 2015, it has been reported.’

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Local Government Lawyer, 5th June 2017

Source: localgovernmentlawyer.co.uk

First opt-out class action withdrawn after damages found to be insufficient – Litigation Futures

Posted June 6th, 2017 in appeals, class actions, competition, costs, damages, news, tribunals by sally

‘The first attempt to bring an opt-out class action has failed after a decision of the Competition Appeal Tribunal (CAT) that meant the claim would not be worth enough money to proceed.’

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Litigation Futures, 5th June 2017

Source: www.litigationfutures.com

Law Society publishes first slavery and human trafficking statement – Legal Futures

Posted June 6th, 2017 in contracts, law firms, news, solicitors, trafficking in human beings by sally

‘The Law Society has issued its first slavery and human trafficking statement, in compliance with the Modern Slavery Act 2015, emphasising its commitment to ensuring that “such practices have no place within its supply chain or other activities”.’

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Legal Futures, 6th June 2017

Source: www.legalfutures.co.uk

Solicitors warned: explain delays or expect default judgment – Law Society’s Gazette

Posted June 6th, 2017 in default judgments, delay, news, solicitors by sally

‘A High Court judge has served notice on solicitors to ensure they meet litigation deadlines by serving a default judgment against a party that failed to explain delays.’

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Law Society's Gazette, 6th June 2017

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 6th, 2017 in legislation by sally

The Wireless Telegraphy (Mobile Communication Services on Aircraft) (Exemption) Regulations 2017

The Parliamentary Elections (Returning Officers’ Charges) (No. 2) Order 2017

Source: www.legislation.gov.uk

Man jailed for murdering partner’s two-year-old son in a ‘loss of temper’ – The Guardian

Posted June 6th, 2017 in children, drug abuse, grievous bodily harm, murder, news, sentencing by sally

‘A heroin addict will spend at least 18 years in prison for murdering his partner’s two-year-old son in a fit of temper when he was left alone with the child for a few minutes.’

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The Guardian, 5th June 2017

Source: www.theguardian.com

Vicky Cherry death: Boyfriend jailed over airing cupboard body – BBC News

‘A man who hid his dead girlfriend’s body in an airing cupboard for more than a year has been jailed.’

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BBC News, 5th June 2017

Source: www.bbc.co.uk

Dog that killed three-week-old boy belonged to his father – The Independent

Posted June 6th, 2017 in child neglect, children, dogs, families, news by sally

‘A father who has admitted that he owned the dog which mauled his 20-day-old baby to death, is facing jail. Ryan Young, 32, initially denied owning the terrier-type dog but changed his plea at Newcastle Crown Court.’

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The Independent, 5th June 2017

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted June 5th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency [2017] EWCA Civ 400 (25 May 2017)

Hancock & Anor v Revenue & Customs [2017] EWCA Civ 198 (25 May 2017)

Persimmon Homes Ltd v Ove Arup & Partners Ltd & Anor [2017] EWCA Civ 373 (25 May 2017)

Bashir & Ors, R (On the Application Of) v Secretary of State for the Home Department [2017] EWCA Civ 397 (25 May 2017)

Greene King Brewing And Retailing Ltd & Anor v The Gambling Commission [2017] EWCA Civ 372 (25 May 2017)

Court of Appeal (Criminal Division)

Martin, R, v [2017] EWCA Crim 648 (25 May 2017)

Morfitt, R v [2017] EWCA Crim 669 (25 May 2017)

High Court (Administrative Court)

C, R (on the application of) v The London Borough of Islington [2017] EWHC 1288 (Admin) (31 May 2017)

General Medical Council v Jagjivan & Anor [2017] EWHC 1247 (Admin) (26 May 2017)

SS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2017] EWHC 1295 (Admin) (26 May 2017)

Heathrow Airport Ltd v Office of Rail And Road [2017] EWHC 1290 (Admin) (26 May 2017)

RM v The Secretary of State for the Home Department [2017] EWHC 1262 (Admin) (26 May 2017)

High Court (Chancery Division)

The Co-Operative Bank Plc v Desmond Victor John Phillips [2017] EWHC 1320 (Ch) (02 June 2017)

Capita Plc & Anor v Darch & Ors [2017] EWHC 1248 (Ch) (26 May 2017)

Richard v British Broadcasting Corporation (BBC) & Anor [2017] EWHC 1291 (Ch) (26 May 2017)

Egon Zehnder Ltd v Tillman [2017] EWHC 1278 (Ch) (23 May 2017)

High Court (Commercial Court)

Dalecroft Properties Ltd v Underwriters Subscribing To Certificate Number… [2017] EWHC 1263 (Comm) (26 May 2017)
Latin American Investments Ltd v Maroil Trading Inc & Anor [2017] EWHC 1254 (Comm) (26 May 2017)

Watson & Ors v watchfinder.co.uk Ltd [2017] EWHC 1275 (Comm) (25 May 2017)

Deutsche Bank AG, London Branch v CIMB Bank Berhad [2017] EWHC 1264 (Comm) (25 May 2017)

Ahmed & Anor v Ali Khalifa [2017] EWHC 1198 (Comm) (23 May 2017)

High Court (Family Division)

A and O (Children : Scotland), Re [2017] EWHC 1293 (Fam) (26 May 2017)

High Court (Patents Court)

Chugai Pharmaceutical Co Ltd v UCB Pharma SA [2017] EWHC 1216 (Pat) (26 May 2017)

High Court (Queen’s Bench Division)

Stewart & Anor v The Commissioner of Police of the Metropolis [2017] EWHC 1307 (QB) (30 May 2017)

Velarde v Guy’s & St Thomas NHS Foundation Trust [2017] EWHC 1250 (QB) (26 May 2017)

Anglia Research Services Ltd & Ors v Finders Genealogists Ltd & Anor [2017] EWHC 1277 (QB) (26 May 2017)

JR v Sheffield Teaching Hospitals NHS Foundation Trust [2017] EWHC 1245 (QB) (25 May 2017)

High Court (Technology and Construction Court)

GB Building Solutions Ltd v SFS Fire Services Ltd (t/a Central Fire Protection) [2017] EWHC 1289 (TCC) (25 May 2017)

Redbourn Group Ltd v Fairgate Development Ltd [2017] EWHC 1223 (TCC) (Hearing 19 May 2017)

When must the tribunal allow appeals against Home Office decisions containing errors of law? – Free Movement

Posted June 5th, 2017 in appeals, government departments, immigration, news, tribunals by sally

‘Where the Secretary of State makes an error of law in a decision which is then appealed to the tribunal, does the tribunal have to allow that appeal on the basis that the decision contains an error of law? Not unless the decision as a whole is unlawful, finds the Court of Appeal in Singh (India) v Secretary of State for the Home Department [2017] EWCA Civ 362 (24 May 2017).’

Full Story

Free Movement, 5th June 2017

Source: www.freemovement.org.uk