BAILII: Recent Decisions

Posted November 4th, 2016 in law reports by sally

Court of Appeal (Civil Division)

Ivey v Genting Casinos UK Ltd (t/a Crockfords Club) [2016] EWCA Civ 1093 (04 November 2016)

Hopkinson v Hickton & Ors [2016] EWCA Civ 1057 (03 November 2016)

Barnardo’s & Ors v Buckinghamshire & Ors [2016] EWCA Civ 1064 (02 November 2016)

Scottish Power UK Plc v BP Exploration Operating Company Ltd & Ors [2016] EWCA Civ 1043 (01 November 2016)

Court of Appeal (Criminal Division)

Sardar v R [2016] EWCA Crim 1616 (03 November 2016)

Amjad, R v [2016] EWCA Crim 1618 (02 November 2016)

High Court (Administrative Court)

Sarao v The Government of the United States of America [2016] EWHC 2737 (Admin) (03 November 2016)

High Court (Queen’s Bench Division)

Roberts v The Soldiers, Sailors, Airmen and Families Association -Forces Help & Ors [2016] EWHC 2744 (QB) (03 November 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 4th, 2016 in legislation by sally

The Childcare Act 2016 (Commencement No. 1) Regulations 2016

The Immigration (European Economic Area) Regulations 2016

The Disqualified Directors Compensation Orders (Fees) (England and Wales) Order 2016

The National Health Service (Exemptions from Charges, Payments and Remission of Charges) (Amendment and Transitional Provisions) Regulations 2016

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) (No. 2) Regulations 2016

The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2016

The Contracts for Difference (Allocation) (Amendment) Regulations 2016

The Trade Union Act 2016 (Commencement No. 1) Regulations 2016

Source: www.legislation.gov.uk

Daniel Sanzone jailed for life for the murder of his 6-week-old son – Crown Prosecution Service

Posted November 4th, 2016 in child abuse, murder, press releases, sentencing by sally

‘A 23-year-old father has today been sentenced to life imprisonment, to serve a minimum of 15 years, after he was found guilty of the murder of his six-week-old son.’

Full press release

Crown Prosecution Service, 3rd November 2016

Source: www.cps.gov.uk

MoJ rules out homicide law review – Law Society’s Gazette

Posted November 4th, 2016 in homicide, Ministry of Justice, news, select committees by sally

‘The Ministry of Justice has dismissed calls to create US-style degrees of murder, ruling out a consultation due to an ‘already full programme’ of reform and legislation. In a letter to the chair of the House of Commons justice committee this week, justice minister Sir Oliver Heald said he did not share concerns that the law needed to be urgently reformed.’

Full story

Law Society’s Gazette, 2nd November 2016

Source: www.lawgazette.co.uk

Champion poker player loses appeal against London casino over his £7.7 million winnings – Daily Telegraph

Posted November 4th, 2016 in appeals, contracts, gambling, news by sally

‘A top poker player has lost his £7.7 million battle against a London casino at the Court of Appeal as a judge said his “edge-sorting” skills amounted to cheating despite the fact he was not dishonest.’

Full story

Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

PC who knocked criminal off motorcycle cleared of wrongdoing – The Guardian

Posted November 4th, 2016 in dangerous driving, news, police by sally

‘A police officer has been cleared of dangerous driving after using his van to knock a criminal off his scrambler motorcycle as he tore through a city’s streets.’

Full story

The Guardian, 3rd November 2016

Source: www.guardian.co.uk

Britain First deputy leader convicted over religious abuse – BBC News

Posted November 4th, 2016 in fines, harassment, news, political parties, religiously aggravated offences by sally

‘The deputy leader of far-right group Britain First has been fined nearly £2,000 for religiously-aggravated harassment.’

Full story

BBC News, 3rd November 2016

Source: www.bbc.co.uk

Baby adoption practices of past demand inquiry, say law firms – the Guardian

Posted November 4th, 2016 in adoption, inquiries, news, young persons by sally

‘Pressure is mounting for a public inquiry into the adoption of hundreds of thousands of babies born to unmarried women over a 30-year period amid claims from some mothers who say they were coerced into handing over their children. A letter will be sent to the home secretary, Amber Rudd, next week from solicitors at two eminent law firms calling on her to convene a public inquiry into historical adoption practices in the UK. The solicitors say an inquiry would uncover the truth about the practices – stretching over three decades after the end of the second world war – and hold agencies to account.’

Full story

The Guardian, 4th November 2016

Source: www.guardian.co.uk

Unlawful immigration curfews under government review – BBC News

Posted November 4th, 2016 in detention, immigration, ministers' powers and duties, news by sally

‘The Home Office has been forced to review curfews imposed on people after they leave immigration detention centres, a BBC investigation has found. It comes after the Court of Appeal ruled in March that it had imposed the curfews unlawfully.’

Full story

BBC News, 4th November 2016

Source: www.bbc.co.uk

Shaken baby evidence doctor reinstated – BBC News

Posted November 4th, 2016 in child abuse, disciplinary procedures, doctors, evidence, expert witnesses, news by sally

‘A doctor struck off the medical register for the evidence she gave in so-called “shaken baby” cases, has been reinstated.’

Full story

BBC News, 3rd November 2016

Source: www.bbc.co.uk

Scotland Yard criticised in leaked report for spending ‘too long’ on £2m Operation Midland – Daily Telegraph

Posted November 4th, 2016 in child abuse, complaints, delay, news, police, reports, sexual offences by sally

‘Scotland Yard has been criticized for spending too long investigating allegations that prominent establishment figures sexually abused and killed children.’

Full story

Daily Telegraph, 4th November 2016

Source: www.telegraph.co.uk

Unfair dismissal cases slump under tribunal fee system, study shows – The Guardian

‘The number of workers taking claims of unfair dismissal or discrimination to employment tribunals has slumped since charges came into force, a study has revealed.’

Full story

The Guardian, 4th November 2016

Source: www.guardian.co.uk

Court of Protection Update (Autumn 2016): Part 2 – Family Law Week

Posted November 3rd, 2016 in costs, Court of Protection, litigants in person, news, reporting restrictions by sally

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, conclude their review of Court of Protection developments by considering recent judgments concerning reporting restriction orders; costs and civil restraint; and participation in proceedings.’

Full story

Family Law Week, 2nd November 2016

Source: www.familylawweek.co.uk

Costs relevant to part 36 consequences – but not to whether offer has been beaten, says High Court – Litigation Futures

Posted November 3rd, 2016 in costs, news, part 36 offers by sally

‘Costs should not be taken into account when deciding whether a part 36 offer has been beaten, the High Court has ruled, but they are relevant when deciding whether to apply the consequences of beating an offer.’

Full story

Litigation Futures, 1st November 2016

Source: www.litigationfutures.com

Justice Secretary calls time on failing prisons in white paper to help cut crime and protect society – Ministry of Justice

‘Justice Secretary embarks on a major shake-up of prisons to help cut £15bn cost of reoffending.’

Full press release

Ministry of Justice, 3rd November 2016

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

Employed barristers point to financial security & work/life balance as reasons for going in-house – The Bar Council

Posted November 3rd, 2016 in barristers, employment, press releases, reports by sally

‘New research from the Bar Council, the representative body for all barristers in England & Wales, on employed barristers’ experiences shows that financial security, a good work/life balance, pension and an interesting and diverse range of work are key factors in choosing to work in-house.’

Full press release

The Bar Council, 3rd November 2016

Source: www.barcouncil.org.uk

BAILII: Recent Decisions

Posted November 3rd, 2016 in law reports by sally

High Court (Administrative Court)

Miller & Anor, R (on the application v of) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (03 November 2016)

ClientEarth (No.2) v Secretary of State for the Environment, Food and Rural Affairs [2016] EWHC 2740 (Admin) (02 November 2016)

Singhar Beauty Clinic Ltd v Secretary of State for the Home Department [2016] EWHC 2703 (Admin) (02 November 2016)

Shropshire Council v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2733 (Admin) (02 November 2016)

Moore, R (on the application of) v Watford Borough Council & Anor [2016] EWHC 2736 (Admin) (02 November 2016)

Williams, R (on the application of) v Police Appeals Tribunal & Anor [2016] EWHC 2708 (Admin) (02 November 2016)

High Court (Chancery Division)

Nortel group, Re (Global Settlement) [2016] EWHC 2769 (Ch) (03 November 2016)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2016] EWHC 2743 (Ch) (02 November 2016)
Menelaou v Bank of Cyprus UK Ltd [2016] EWHC 2656 (Ch) (31 October 2016)

Easynet Global Services Ltd, Re [2016] EWHC 2681 (Ch) (31 October 2016)

Pittville Ltd v Hunters & Frankau Ltd & Anor [2016] EWHC 2683 (Ch) (27 October 2016)

Hague Plant Ltd v Hague & Ors [2016] EWHC 2663 (Ch) (26 October 2016)

McLean & Anor v Trustees of the Bankruptcy Estate of Dent & Ors [2016] EWHC 2650 (Ch) (26 October 2016)

Phonographic Performance Ltd v CGK Trading Ltd & Ors [2016] EWHC 2642 (Ch) (25 October 2016)

High Court (Commercial Court)

Lehman Brothers International (Europe) v Exxonmobil Financial Services BV [2016] EWHC 2699 (Comm) (28 October 2016)

Regulus Ship Services PTE Ltd v Lundin Services BV & Anor [2016] EWHC 2674 (Comm) (27 October 2016)

Fiona Trust & Holding Corporation & Ors v Privalov & Ors (Costs) [2016] EWHC 2657 (Comm) (27 October 2016)

High Court (Family Division)

X (A Child) (No 3), Re [2016] EWHC 2755 (Fam) (02 November 2016)

Rotherham Metropolitan Borough Council v M & Ors [2016] EWHC 2660 (Fam) (25 October 2016)

AB (Surrogacy: Consent), Re [2016] EWHC 2643 (Fam) (25 October 2016)

High Court (Patents Court)

Thoratec Europe Ltd v AIS GmbH Aachen Innovative Solutions [2016] EWHC 2637 (Pat) (28 October 2016)

Hospira UK Ltd v Cubist Pharmaceuticals, LLC [2016] EWHC 2661 (Pat) (17 October 2016)

High Court (Queen’s Bench Division)

Williams, R (on the application of) v Police Appeals Tribunal & Ors [2016] EWHC 2708 (QB) (02 November 2016)

TUI UK Ltd v Tickell & Ors [2016] EWHC 2741 (QB) (01 November 2016)

Suresh v Samad & Ors (Rev 1) [2016] EWHC 2704 (QB) (31 October 2016)

XYZ v Maidstone & Tunbridge Wells NHS Trust [2016] EWHC 2687 (QB) (28 October 2016)

Begg v British Broadcasting Corporation [2016] EWHC 2688 (QB) (28 October 2016)

Adams & Ors v Atlas International Property Services Ltd & Ors [2016] EWHC 2680 (QB) (28 October 2016)

High Court (Technology and Construction Court)

Milton Keynes v Viridor (Community Recycling MK) Ltd [2016] EWHC 2764 (TCC) (03 November 2016)

Connect Plus (M25) Ltd v Highways England Company Ltd [2016] EWHC 2614 (TCC) (27 October 2016)

Perinatal Institute v Healthcare Quality Improvement Partnership [2016] EWHC 2626 (TCC) (26 October 2016)

Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd [2016] EWHC 2509 (TCC) (25 October 2016)

Fluor Ltd v Shanghai Zhenhua Heavy Industries Ltd [2016] EWHC 2500 (TCC) (19 October 2016)

Source: www.bailii.org

Hillsborough inquests: Families’ legal fees were £63.6m – BBC News

Posted November 3rd, 2016 in costs, families, health & safety, inquests, legal aid, legal representation, news, police, sport by sally

‘Legal costs for the families at the inquests into the deaths of the 96 Hillsborough victims totalled £63.6m.’

Full story

BBC News, 2nd November 2016

Source: www.bbc.co.uk

Top judge warns rising court fees threaten access to justice – The Guardian

Posted November 3rd, 2016 in civil justice, courts, criminal justice, fees, judges, judiciary, news, reports by sally

‘Excessive court fees are in danger of driving away international legal business from London and preventing access to justice, the lord chief justice has warned. In his annual report, Lord Thomas of Cwmgiedd also expresses concern about low morale in the judiciary and the difficulties in recruiting high court judges.’

Full story

The Guardian, 3rd November 2016

Source: www.guardian,.co.uk

Government loses Article 50 court fight – BBC News

Posted November 3rd, 2016 in appeals, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.’

Full story

BBC News, 3rd November 2016

Source: www.bbc.co.uk