What is the Fixed-term Parliaments Act? – The Guardian
‘Coalition agreement introduced five-year parliaments but act allows for early elections if two-thirds of MPs vote in favour.’
The Guardian, 18th April 2017
Source: www.guardian.co.uk
Legal threat over ‘back door’ grammar school streams – BBC News
‘Legal action to prevent grammar schools expanding by the back door in England is being threatened by a teachers’ union.’
BBC News, 15th April 2017
Source: www.bbc.co.uk
Water and youth – Nearly Legal
‘First, a Southwark rent arrears possession case, demonstrating that the effects of Jones v London Borough of Southwark [2016] EWHC 457 (Ch) (our report) rumble on in Southwark, despite the Council agreeing to repay overcharged water rates for the period 2001-2013 to the tenants. (Our thanks to Serdar Celebi, Cambridge House Law Centre and Tim Baldwin, Garden Court Chambers for the note).’
Nearly Legal, 16th April 2017
Source: www.nearlylegal.co.uk
Judge says his sacking for posting abusive comments was unfair – The Guardian
‘A judge who was sacked for posting abusive comments on news articles about cases he had heard has admitted he was “reckless” but complained that the sanction was “wholly disproportionate and completely unfair”.’
The Guardian, 13th April 2017
Source: www.guardian.co.uk
Violence soars by 76% at Government’s flagship prison that models itself on academy schools – The Independent
‘Violent incidents have soared by 76 per cent in one of the government’s flagship ‘reform prisons’, which were designed to reduce violence and place a greater emphasis on education and rehabilitation.’
The Independent, 17th April 2017
Source: www.independent.co.uk
Blair prosecution opposed by attorney general, says paper – BBC News
‘The attorney general hopes to block a private prosecution against Tony Blair over the Iraq war, a report says.’
BBC News, 17th April 2017
Source: www.bbc.co.uk
Justice Secretary Liz Truss to speed up appeals lodged by asylum seekers and foreign criminals – The Independent
‘Thousands of appeals lodged by asylum seekers and foreign criminals attempting to remain in Britain will be fast tracked under proposals being brought forward by Liz Truss, the Justice Secretary.’
The Independent, 18th April 2017
Source: www.independent.co.uk
Call for fundraising pages to be regulated amid fraud concerns – The Guardian
‘It has become a familiar moment in the aftermath of any catastrophe – the appearance of a slew of online fundraising pages designed to funnel donations for the traumatised, injured and bereaved.’
The Guardian, 17th April 2017
Source: www.guardian.co.uk
Easter Break
There will be no posts over the Easter weekend (Friday 14 April – Monday 17 April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 18 April.
Revised ‘section 182’ guidance issued to help curb illegal working at licensed premises – OUT-LAW.com
‘The UK government has issued new guidance to help local authorities meet duties to check that people selling alcohol in licensed premises in England and Wales are entitled to work in the country.’
OUT-LAW.com, 11th April 2017
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
- Conway, R (On the Application Of) v The Secretary of State for Justice [2017] EWCA Civ 275 (12 April 2017)
- Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 (12 April 2017)
- Peires v Bickerton’s Aerodromes Ltd [2017] EWCA Civ 273 (12 April 2017)
- UK Insurance Ltd v R&S Pilling (t/a Phoenix Engineering) [2017] EWCA Civ 259 (12 April 2017)
- Kirk v Devon County Council & Anor [2017] EWCA Civ 260 (12 April 2017)
- Unwired Planet International Ltd v Huawei Technologies Co Ltd & Ors [2017] EWCA Civ 266 (12 April 2017)
- Mastercard Inc & Ors v Deutsche Bahn AG & Ors [2017] EWCA Civ 272 (12 April 2017)
- Nguyen v The Secretary of State for the Home Department [2017] EWCA Civ 258 (12 April 2017)
- Adeshina v St. George’s University Hospitals NHS Foundation Trust & Ors [2017] EWCA Civ 257 (12 April 2017)
- B (Child), Re [2017] EWCA Civ 264 (12 April 2017)
- Otkritie Capital International Ltd & Anor v threadneedle Asset Management Ltd & Anor [2017] EWCA Civ 274 (12 April 2017)
- Secretary of State for the Home Department v VM (Jamaica) [2017] EWCA Civ 255 (11 April 2017)
- Darby v Richmond on Thames London Borough Council [2017] EWCA Civ 252 (11 April 2017)
- Armstrong v Onyearu & Anor [2017] EWCA Civ 268 (11 April 2017)
- JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd [2017] EWCA Civ 267 (11 April 2017)
- Work v Gray [2017] EWCA Civ 270 (11 April 2017)
- NE-A (Nigeria) v Secretary of State for the Home Department [2017] EWCA Civ 239 (11 April 2017)
- Howard League for Penal Reform & Anor, R (On the Application of) v The Lord Chancellor [2017] EWCA Civ 244 (10 April 2017)
- LL v The Lord Chancellor [2017] EWCA Civ 237 (10 April 2017)
- Lejonvarn v Burgess & Anor [2017] EWCA Civ 254 (07 April 2017)
Court of Appeal (Criminal Division)
High Court (Administrative Court)
- Manecki v District Court In Kielce, Poland [2017] EWHC 832 (Admin) (12 April 2017)
- A v Director of Public Prosecutions [2017] EWHC 821 (Admin) (12 April 2017)
- Kirchanov & Ors v District Prosecutor’s Office, Blagoevgrad, Bulgaria & Ors [2017] EWHC 827 (Admin) (12 April 2017)
- Salem v The General Medical Council [2017] EWHC 840 (Admin) (12 April 2017)
- Norkowski v District Court in Bydoszcz, Poland District Court In Torun, Poland Regional Court In Slupsk, Poland [2017] EWHC 833 (Admin) (12 April 2017)
- Preston New Road Action Group v Frackman & Ors [2017] EWHC 808 (Admin) (12 April 2017)
- Malins v Solicitors Regulation Authority [2017] EWHC 835 (Admin) (12 April 2017)
- Straszewski v District Court In Bydogszcz, Poland [2017] EWHC 844 (Admin) (12 April 2017)
- Merida Oil Traders Ltd, R (On the Application Of) v Central Criminal Court & Ors [2017] EWHC 747 (Admin) (11 April 2017)
- Keith Langmead Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 788 (Admin) (11 April 2017)
- The Secretary of State for the Home Department v EC & Anor [2017] EWHC 795 (Admin) (11 April 2017)
- XYL, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 773 (Admin) (11 April 2017)
- ZAI Corporate Finance Ltd, R (on the application of) v AIM Disciplinary Committee of the London Stock Exchange PLC & Anor [2017] EWHC 778 (Admin) (11 April 2017)
- Pitt and Tyas, R (on the application of) v General Pharmaceutical Council [2017] EWHC 809 (Admin) (11 April 2017)
- Youngsam, R (On the Application Of) v The Parole Board [2017] EWHC 729 (Admin) (07 April 2017)
- PML Accounting Ltd v Revenue And Customs [2017] EWHC 733 (Admin) (07 April 2017)
- Sustainable Development Capital Llp, R (On the Application Of) v Secretary of State for Business, Energy and Industrial Strategy & Anor [2017] EWHC 771 (Admin) (07 April 2017)
- The Ramblers Association v Secretary of State for Environment Food And Rural Affairs [2017] EWHC 716 (Admin) (07 April 2017)
- Syed, R (On the Application Of) v The Secretary of State for Justice [2017] EWHC 727 (Admin) (07 April 2017)
- Nelson, R (On the Application Of) v The Parole Board of England And Wales [2017] EWHC 728 (Admin) (07 April 2017)
High Court (Chancery Division)
- Barnett-Waddington Trustees (1980) Ltd & Ors v The Royal Bank of Scotland Plc [2017] EWHC 834 (Ch) (12 April 2017)
- Cherkasov & Ors v Olegovich, the Official Receiver of Dalnyaya Step LLC [2017] EWHC 756 (Ch) (10 April 2017)
- TCG Pubs Ltd & Anor v The Art Or Mystery of the Girdlers of London [2017] EWHC 772 (Ch) (10 April 2017)
- Falmouth House Ltd v Abou-Hamdan [2017] EWHC 779 (Ch) (10 April 2017)
- Thornton & Ors v Woodhouse & Anor [2017] EWHC 769 (Ch) (10 April 2017)
- General Nutrition Investment Company v Holland And Barrett International Ltd & Anor (Rev 1) [2017] EWHC 746 (Ch) (07 April 2017)
- Housemaker Services Ltd v Cole & Anor [2017] EWHC 753 (Ch) (07 April 2017)
- Seafood Holdings Ltd v My Fish Company Ltd & Ors [2017] EWHC 766 (Ch) (07 April 2017)
- Davis (As Trustee In Bankruptcy of Jackson) v Jackson & Anor [2017] EWHC 698 (Ch) (07 April 2017)
- Canning v Irwin Mitchell Llp [2017] EWHC 718 (Ch) (06 April 2017)
- Associated British Ports v Tata Steel UK Ltd [2017] EWHC 694 (Ch) (03 April 2017)
- Jazztel Plc v Revenue And Customs [2017] EWHC 677 (Ch) (03 April 2017)
High Court (Commercial Court)
- Cruise And Maritime Services International Ltd v Navigators Underwriting Agency Ltd Re Marco Polo [2017] EWHC 843 (Comm) (12 April 2017)
- Eastern European Engineering Ltd v Vijay Construction (Proprietary) Ltd [2017] EWHC 797 (Comm) (11 April 2017)
- AMT Futures Ltd v Gloeggler [2017] EWHC 836 (Comm) (11 April 2017)
Source: www.bailii.org
Does a lack of integrity show dishonesty? High Court says yes as it overturns “flawed” strike-off – Legal Futures
‘A High Court judge has overturned a decision by the Solicitors Disciplinary Tribunal (SDT) to strike off a former partner of national law firm Bond Dickinson, because the distinction it drew between acting without integrity and being dishonest meant the whole case against him was flawed.’
Legal Futures, 13th April 2017
Source: www.legalfutures.co.uk
Jackson backs cost capping for Mercantile Court pilot – Litigation Futures
‘Lord Justice Jackson has chosen cost capping, rather than fixed costs, as the way forward for a voluntary pilot he hopes to introduce in the Mercantile Court, as the judge continues to investigate the possible extension of fixed recoverable costs.’
Litigation Futures, 13th April 2017
Source: www.litigationfutures.com
K M Hayne: The ‘Great Repeal Bill’ – UK Constitutional Law Association
‘In the White Paper published in February this year (“The United Kingdom’s exit from and new partnership with the European Union” Cm 9417), the very first point made was that the “Great Repeal Bill” will “remove the European Communities Act 1972 from the statute book and convert the ‘acquis’ – the body of existing EU law – into domestic law”. It was said that “[t]his means that, wherever practical and appropriate, the same rules and laws will apply on the day after [the United Kingdom] leave[s] the EU as they did before”.’
UK Constitutional Law Association, 12th April 2017
Source: www.ukconstitutionallaw.org
Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian
‘A terminally ill former lecturer has won the right to challenge the legal ban on assisted dying in the hope that he can end his life at home surrounded by his family.
The Guardian, 12th April 2017
Source: www.guardian.co.uk
Supreme Court backs pre-LASPO recoverability of success fees and ATE premiums – Litigation Futures
‘The Supreme Court has ruled against three leading newspaper groups over having to pay claimants’ success fees and after-the-event insurance under the pre-LASPO regime, saying that the media’s rights under the European Convention on Human Rights were not engaged as critically as the rights of those suing them.’
Litigation Futures, 11th April 2017
Source: www.litigationfutures.com
Shanay Walker abuse death: School and care workers criticised – BBC News
‘Teachers and social care staff did not show enough “professional curiosity” in a girl who died after years of abuse by her aunt, a serious case review said.’
BBC News, 13th April 2017
Source: www.bbc.co.uk
