BAILII: Recent Decisions

Posted January 25th, 2017 in law reports by sally

Supreme Court

Miller & Anor, R (on the application of) v Secretary of State for Exiting the European Union [2017] UKSC 5 (24 January 2017)

Court of Appeal (Civil Division)

Adesokan v Sainsbury’s Supermarkets Ltd [2017] EWCA Civ 22 (24 January 2017)

Bezeliansky v Bezelianskaya [2016] EWCA Civ 76 (24 January 2017)

Williams v Surrey Heath Borough Council [2017] EWCA Civ 23 (24 January 2017)

Pickering & Ors v Davy [2017] EWCA Civ 30 (24 January 2017)

Saleh v Director of the Serious Fraud Office [2017] EWCA Civ 18 (23 January 2017)

Irish Bank Resolution Corporation Ltd v Camden Market Holdings Corp & Ors [2017] EWCA Civ 7 (19 January 2017)

DZ (Eritrea), R (on the application of) v The Secretary of State for the Home Department [2017] EWCA Civ 14 (19 January 2017)

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2017] EWCA Civ 5 (19 January 2017)

Secretary of State for the Home Department v Akbar [2017] EWCA Civ 16 (19 January 2017)

Pickard v Marshall & Ors [2017] EWCA Civ 17 (19 January 2017)

Court of Appeal (Criminal Division)

Gor v R [2017] EWCA Crim 3 (20 January 2017)

Ordu v R [2017] EWCA Crim 4 (20 January 2017)

High Court (Administrative Court)

Iqbal, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 79 (Admin) (24 January 2017)

Austin, R (on the application of) v Haulfryn Group Ltd & Anor [2017] EWHC 38 (Admin) (20 January 2017)

Abbas v General Medical Council [2017] EWHC 51 (Admin) (20 January 2017)

TN (Vietnam) & US (Pakistan), R (On the Applications Of) v Secretary of State for the Home Department & Anor (Rev 1) [2017] EWHC 59 (Admin) (20 January 2017)

Pakstys v Prosecutor General’s Office of the Republic of Lithuania [2017] EWHC 47 (Admin) (19 January 2017)

Auzins (No. 2) v Prosecutor-General’s Office of the Republic of Latvia [2017] EWHC 48 (Admin) (19 January 2017)

High Court (Chancery Division)

Thomas & Anor v Frogmore Real Estate Partners GP1 Ltd & Ors [2017] EWHC 25 (Ch) (17 January 2017)

High Court (Commercial Court)

Micula & Ors v Romania & Anor [2017] EWHC 31 (Comm) (20 January 2017)

High Court (Family Division)

N (Hague Convention: Habitual Residence), Re [2017] EWHC 63 (Fam) (24 January 2017)

K (Human Fertilisation And Embryology Act 2008) [2017] EWHC 50 (Fam) (19 January 2017)

P & Ors (Human Fertilisation And Embryology Act 2008) [2017] EWHC 49 (Fam) (19 January 2017)

High Court (Queen’s Bench Division)

Seery v Leathes Prior (a firm) [2017] EWHC 80 (QB) (24 January 2017)

Holyoake v Candy & Anor [2017] EWHC 52 (QB) (24 January 2017)

Hourani v Thomson & Ors [2017] EWHC 56 (QB) (20 January 2017)

AP v Tameside Metropolitan Borough Council [2017] EWHC 65 (QB) (20 January 2017)

Sandhu v HM Revenue and Customs [2017] EWHC 60 (QB) (20 January 2017)

Hewlett Packard Enterprise Company & Ors v Sage & Anor [2017] EWHC 66 (QB) (20 January 2017)

National Crime Agency v Khan & Ors [2017] EWHC 27 (QB) (20 January 2017)

Shaw v Medtronic Corevalve LLC & Ors [2017] EWHC 54 (QB) (20 January 2017)

Richards v Devenish & Anor [2017] EWHC 37 (QB) (19 January 2017)

High Court (Technology and Construction Court)

Oldcorn & Anor v Southern Water Services Ltd [2017] EWHC 62 (TCC) (23 January 2017)

South Coast Construction Ltd v Iverson Road Ltd [2017] EWHC 61 (TCC) (19 January 2017)

Lloyds Bank Plc v McBains Cooper [2017] EWHC 30 (TCC) (18 January 2017)

Source: www.bailii.org

New sentencing guidelines for magistrates’ courts published – Sentencing Council

Posted January 25th, 2017 in magistrates, press releases, sentencing by sally

‘The Sentencing Council has published revised guidelines for offences in the Magistrates’ Court Sentencing Guidelines.
The guidelines apply to all offenders aged 18 and older who are sentenced on or after 24 April 2017, regardless of the date of the offence.’

Full press release

Sentencing Council, 24th January 2017

Source: http://sentencingcouncil.judiciary.gov.uk

Legal services at forefront of Global Britain – Ministry of Justice

Posted January 25th, 2017 in civil justice, courts, dispute resolution, EC law, legal profession, legal services, London, lord chancellor, press releases by sally

‘A bold and bright future awaits the UK’s world-leading legal services as we prepare to leave the EU, Lord Chancellor Elizabeth Truss declared today.’

Full press release

Ministry of Justice, 19th January 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Government takes action on county line drug gangs – Home Office

Posted January 25th, 2017 in amendments, bills, drug offences, gangs, national crime agency, press releases, telecommunications by sally

‘The Home Secretary announces plans to crack down on ‘deal-lines’ used by county line drugs gangs.’

Full press release

Home Office, 22nd January 2017

Source: www.gov.uk/home-office

Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm – Courts and Tribunals Judiciary

Posted January 25th, 2017 in children, contact orders, domestic violence, family courts, judges, judiciary, practice directions, reports, victims by sally

‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’

Full report

Courts and Tribunals Judiciary, 20th January 2017

Source: www.judiciary.gov.uk

MoJ: employment tribunal fees review ‘imminent’ – Law Society’s Gazette

Posted January 25th, 2017 in employment tribunals, fees, Ministry of Justice, news by sally

‘The government’s long-awaited review into employment tribunal fees is “imminent”, MPs have been assured. However, the Ministry of Justice’s response to questions in the House of Commons today suggests the controversial fees will not be scrapped.’

Full story

Law Society’s Gazette, 24th January 2017

Source: www.lawgazette.co.uk

The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

Posted January 25th, 2017 in civil procedure rules, debts, disclosure, enforcement, families, family courts, financial provision, Law Commission, news, pensions, practice directions, reports by sally

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

Full story

Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk

G4S filmed asylum seekers in their own homes without consent – The Guardian

Posted January 25th, 2017 in asylum, data protection, housing, human rights, news, privacy, security companies, treaties, video recordings by sally

‘Information commissioner raises concern and campaigners threaten legal action over security firm’s use of body-worn cameras.’

Full story

The Guardian, 24th January 2017

Source: www.guardian.co.uk

Office sex dentistry lecturer struck off by General Dental Council – BBC News

Posted January 25th, 2017 in dentists, disciplinary procedures, news, professional conduct, tribunals by sally

‘A dentistry lecturer who had sex in his office has been struck off the General Dental Council register.’

Full story

BBC News, 24th January 2017

Source: www.bbc.co.uk

Patient who spent two years in hospital evicted under court order – The Guardian

Posted January 25th, 2017 in health, hospitals, news by sally

‘A patient who was evicted from a hospital under a court order after spending more than two years in a bed has insisted that he did not want to stay there. Adriano Guedes was removed from the James Paget hospital in Gorleston, Norfolk, which said the 63-year-old was occupying the bed “unnecessarily” and was fit to be discharged.’

Full story

The Guardian, 24th January 2017

Source: www.guardian.co.uk

Mistreatment of women MPs revealed – BBC News

Posted January 25th, 2017 in equality, news, parliament, sex discrimination, statistics, threatening behaviour, violence, women by sally

‘An overwhelming majority of women MPs have received online and verbal abuse from the public and a third have considered quitting as a result, a BBC Radio 5 live survey suggests.’

Full story

BBC News, 24th January 2017

Source: www.bbc.co.uk

‘Neighbour from hell’ who waged racist campaign against foreign family spared jail as he served in Army – Daily Telegraph

Posted January 25th, 2017 in armed forces, harassment, news, racism, sentencing, suspended sentences by sally

‘A veteran who “emotionally and mentally tortured” his Colombian neighbours has been spared jail despite a campaign of racist hatred because he served in the Army.’

Full story

Daily Telegraph, 24th January 2017

Source: www.telegraph.co.uk

Sexist workplace dress codes ‘force women to dye hair blonde and wear revealing clothes’ – The Independent

Posted January 25th, 2017 in employment, equality, health & safety, news, reports, sex discrimination, women by sally

‘Women are still being forced to wear high heels, make-up and revealing clothes by some employers, a parliamentary report has found.’

Full story

The Independent, 25th January 2017

Source: www.independent.co.uk

Worst speeding drivers to face harsher fines starting from 150pc of weekly income – Daily Telegraph

Posted January 24th, 2017 in fines, news, road traffic offences, sentencing by sally

‘rivers responsible for the most serious speeding offences are set to face harsher penalties under new sentencing guidelines for magistrates.’

Full story

Daily Telegraph, 24th January 2017

Source: www.telegraph.co.uk

Costs information provided for mediation is “pure fact” and can be used on assessment – Litigation Futures

Posted January 24th, 2017 in arbitration, costs, insurance, news by sally

‘Costs information that was provided for the purposes of a confidential mediation could later be used in the assessment of costs, Master Haworth in the Senior Courts Costs Office has decided.’

Full story

Litigation Futures, 23rd January 2017

Source: www.litigationfutures.com

Munby: video-links in family courts ‘a disgrace’ – Law Society’s Gazette

Posted January 24th, 2017 in courts, evidence, family courts, judges, news, victims, video recordings, witnesses by sally

‘The president of the Family Division has berated the state of equipment in family courts, including his own court in London’s Royal Courts of Justice.’

Full story

Law Society’s Gazette, 23rd January 2017

Source: www.lawgazette.co.uk

The supreme court Brexit judgment isn’t a victory for me, but for our constitution – The Guardian

Posted January 24th, 2017 in appeals, brexit, constitutional law, EC law, judgments, news, parliament, Supreme Court, treaties by sally

‘An overriding principle of British law is that parliament is sovereign – and we should be grateful to the judges, in the face of huge pressure, for upholding it.’

Full story

The Guardian, 24th January 2017

Source: www.guardian.co.uk

Supreme Court to hear term-time holiday case next week – Local Government Lawyer

Posted January 24th, 2017 in appeals, education, holidays, local government, news, school children, Supreme Court by sally

‘The Supreme Court will next week hold an expedited hearing in the high-profile unauthorised school absence case involving the Isle of Wight Council.’

Full story

Local Government Lawyer, 23rd January 2017

Source: www.localgovernmentlawyer.co.uk

UK fraud hits record £1.1bn as cybercrime soars – The Guardian

Posted January 24th, 2017 in computer crime, fraud, internet, news by sally

‘The value of fraud committed in the UK last year topped £1bn for the first time since 2011, prompting a warning about increasing cyber crime and the risk of more large-scale scams as the economy comes under pressure.’

Full story

The Guardian, 24th January 2017

Source: www.guardian.co.uk

JCT updates design and build contract, but uncertainty surrounds new loss clause, says expert – OUT-LAW.com

Posted January 24th, 2017 in construction industry, contracts, news by sally

‘Changes to the Joint Construction Tribunal (JCT) standard form ‘design and build’ contract introduce new uncertainties for contractors around loss and expense claims, an expert has warned.’

Full story

OUT-LAW.com, 24th January 2017

Source: www.out-law.com