BAILII: Recent Decisions

Posted May 19th, 2017 in law reports by sally

Court of Appeal (Civil Division)

Sutton Housing Partnership Ltd v Rydon Maintenance Ltd [2017] EWCA Civ 359 (18 May 2017)

Assoun v Assoun [2017] EWCA Civ 370 (18 May 2017)

High Court (Administrative Court)

Owda v Court of Appeals Thessaloniki (Greece) [2017] EWHC 1174 (Admin) (18 May 2017)

The Pharmaceutical Services Negotiating Committee & Anor, R (On the Application Of) v Secretary of State for Health [2017] EWHC 1147 (Admin) (18 May 2017)

High Court (Chancery Division)

Kaplan & Ors v Super PCS LLP & Ors [2017] EWHC 1165 (Ch) (18 May 2017)

Jones & Anor v Hamilton [2017] EWHC 1065 (Ch) (17 May 2017)

High Court (Technology and Construction Court)

Ndole Assets Ltd v Designer M&E Services UK Ltd [2017] EWHC 1148 (TCC) (18 May 2017)

Source: www.bailii.org

Judgment shows value of injunctions during ongoing disputes, says expert – OUT-LAW.com

Posted May 19th, 2017 in arbitration, injunctions, news by sally

‘Three oil mining companies have been held in contempt of court by a High Court judge after they breached an injunction preventing certain commercial activities while arbitration was ongoing.’

Full story

OUT-LAW.com, 18th May 2017

Source: www.out-law.com

Court criticises party for ‘completely unrealistic’ view of other side’s costs – OUT-LAW.com

Posted May 19th, 2017 in budgets, case management, costs, news, proportionality by sally

‘A High Court judge has accused costs lawyers of “abuse of the cost budgeting process” following an “unjustifiably low” estimate of the other side’s costs.’

Full story

OUT-LAW.com, 18th May 2017

Source: www.out-law.com

Medical privacy – Panopticon

Posted May 19th, 2017 in confidentiality, disclosure, hospitals, medical records, news, pregnancy by sally

‘Do clinicians treating a patient with Huntington’s Disease have a duty to disclose the diagnosis to the patient’s daughters? Arguably so, says the Court of Appeal in ABC v St George’s Healthcare NHS Foundation Trust (2017) EWCA Civ 336.’

Full story

Panopticon, 17th may 2017

Source: www.panopticonblog.com

Will genetically-informed medicine upend medical confidentiality? – UK Human Rights Blog

Posted May 19th, 2017 in confidentiality, disclosure, hospitals, medical records, news, pregnancy by sally

‘ABC v St George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336. In a fascinating twist to the drama of futuristic diagnosis, the Court of Appeal has allowed an argument that doctors treating a Huntington’s patient should have imparted information about his diagnosis to his pregnant daughter to go to trial.’

Full story

UK Human Rights Blog, 17th May 2017

Source: www.ukhumanrightsblog.com

Not “wrong in law” for judges to change transcripts – Litigation Futures

Posted May 19th, 2017 in amendments, judgments, judiciary, news, reasons by sally

‘It is not “wrong in law” for judges to amend transcripts of judgments to better explain the reasons behind their decisions, the High Court has held.’

Full story

Litigation Futures, 19th May 2017

Source: www.litigationfutures.com

High Court ticks off unregulated legal business for not being clearer about its status – Legal Futures

Posted May 19th, 2017 in barristers, law firms, legal services, news by sally

‘The High Court has criticised an unregulated legal business run by a unregistered barrister for “sailing too close to the wind” by failing to be clear in correspondence that it was not a solicitors’ firm.’

Full story

Legal Futures, 19th May 2017

Source: www.legalfutures.co.uk

The Jill Poole Memorial Lecture by the Lord Chief Justice: Keeping commercial law up to date – Courts and Tribunals Judiciary

Posted May 19th, 2017 in contracts, judiciary, legal education, shipping law, speeches by sally

‘The Jill Poole Memorial Lecture by the Lord Chief Justice: Keeping commercial law up to date.’

Full speech

Courts and Tribunals Judiciary, 16th May 2017

Source: www.judiciary.gov.uk

Paedophile Ivor Gifford, 92, guilty of grooming girls – BBC News

Posted May 19th, 2017 in internet, news, sexual grooming by sally

‘A 92-year-old man has been found guilty of using a chatroom to incite what he believed were 11 and 12-year-old girls to engage in sexual activity.’

Full story

BBC News, 18th June 2017

Source: www.bbc.co.uk

Two men jailed for historical child sex abuse – BBC News

‘Two men have been jailed after pleading guilty to photographing sexual assaults on children more than a decade ago.’

Full story

BBC News, 18th May 2017

Source: www.bbc.co.uk

Watchdog steps up probe of Just Eat and Hungryhouse merger – Daily Telegraph

Posted May 19th, 2017 in competition, mergers, news by sally

‘The competition watchdog has confirmed it will begin an in-depth investigation into Just Eat’s proposed £200m merger with Hungryhouse.’

Full story

Daily Telegraph, 19th May 2017

Source: www.telegraph.co.uk

TV producer found guilty of trying to hire hitman to kill his wealthy partner – The Independent

Posted May 19th, 2017 in news, soliciting to murder by sally

‘A retired producer of TV drama The Bill has been convicted of trying to hire three men to kill his partner of 27 years after becoming besotted with a woman 40 years his junior.’

Full story

The Independent, 18th May 2017

Source: www.independent.co.uk

Stratford baby bus death: Parents jailed for 11 years each – BBC News

‘A “devious” couple who staged their baby’s death in a “cynical charade” on a bus have been jailed for 11 years.’

Full story

BBC News, 18th May 2017

Source: www.bbc.co.uk

Police launch investigation into high rate of baby deaths at Countess of Chester Hospital – The Independent

Posted May 19th, 2017 in children, hospitals, inquests, news, pregnancy by sally

‘Police have launched an investigation into the deaths of 15 babies at a hospital in Chester.’

Full story

The Independent, 18th May 2017

Source: www.independent.co.uk

Lottery millionaire’s son spent £1.6m – then sued father for more cash – The Guardian

Posted May 19th, 2017 in families, gambling, news by sally

‘A man who was given nearly £1.6m by his father after he won £101m in the Euromillions has had his claim for more cash thrown out by a judge.’

Full story

The Guardian, 19th May 2017

Source: www.guardian.co.uk

Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by sally

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

Full story

Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com

Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by sally

‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’

Full story

Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

Lord Chief Justice emphasises vital role of law schools in face of education reforms – Legal Futures

Posted May 18th, 2017 in judges, legal education, news, speeches, universities by sally

‘The Lord Chief Justice has signalled concerns about the impending reform to educating law students, saying that a “very broadly based legal education” and law schools “as the centres of excellence” must not be diluted.’

Full story

Legal Futures, 18th May 2017

Source: www.legalfutures.co.uk

Claimant delight as court rejects repayment of £400 fixed costs – Law Society’s Gazette

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by sally

‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’

Full story

Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

Landlord Fergus Wilson facing legal action – BBC News

‘The Equality and Human Rights Commission (EHRC) has applied for an injunction against Fergus Wilson.’

Full story

BBC News, 17th May 2017

Source: www.bbc.co.uk