BAILII: Recent Decisions

Posted October 12th, 2016 in law reports by sally

Court of Appeal (Civil Division)

Creggy v Barnett & Anor [2016] EWCA Civ 1004 (11 October 2016)

H (Child), Re [2016] EWCA Civ 988 (11 October 2016)

Grand China Logistics Holding (Group) Co. Ltd v Spar Shipping AS (Rev 1) [2016] EWCA Civ 982 (07 October 2016)

British Gas Trading Ltd v Lock & Anor [2016] EWCA Civ 983 (07 October 2016)

Horton v Henry (Rev 1) [2016] EWCA Civ 989 (07 October 2016)
Shalabayev v JSC BTA Bank [2016] EWCA Civ 987 (07 October 2016)

K (Child) [2016] EWCA Civ 931 (05 October 2016)

High Court (Administrative Court)

Chaudhry, R (On the Application Of) v Director of Public Prosecutions [2016] EWHC 2447 (Admin) (11 October 2016)

Croke v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2484 (Admin) (11 October 2016)

A & Ors, R (on the application of) v Oxfordshire County Council [2016] EWHC 2419 (Admin) (07 October 2016)

M, R (On the Application Of) v The Secretary of State for Justice [2016] EWHC 2455 (Admin) (06 October 2016)

Woodbridge v The Head Attorney General of the District of Moenchengladbach, Germany [2016] EWHC 2428 (Admin) (05 October 2016)

Forest of Dean District Council v Secretary of State for Communities And Local Government & Anor [2016] EWHC 2429 (Admin) (04 October 2016)

High Court (Chancery Division)

Lomas & Ors v HM Revenue and Customs [2016] EWHC 2492 (Ch) (11 October 2016)

Artist Court Collective Ltd v Khan [2016] EWHC 2453 (Ch) (07 October 2016)

Kerry Ingredients (UK) Ltd v Bakkavor Group Ltd & oRS [2016] EWHC 2448 (Ch) (07 October 2016)

No.1 West India Quay (Residential) Ltd v East Tower Apartments Ltd [2016] EWHC 2438 (Ch) (06 October 2016)

Six Continents Ltd & Anor v Inland Revenue & Anor [2016] EWHC 2426 (Ch) (05 October 2016)

Lomas & Ors (Joint Administrators of Lehman Brothers International (Europe)) v Burlington Loan Management Ltd & Ors [2016] EWHC 2417 (Ch) (05 October 2016)

Hosking v Marathon Asset Management Llp [2016] EWHC 2418 (Ch) (05 October 2016)

The Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2016] EWHC 2381 (Ch) (04 October 2016)

Barclays Bank Plc v Christie Owen & Davies Ltd (t/a Christie & Co) [2016] EWHC 2351 (Ch) (30 September 2016)

P&P Property Ltd v Owen White & Catlin LLP & Anor [2016] EWHC 2276 (Ch) (30 September 2016)

High Court (Commercial Court)

Therium (UK) Holdings Ltd v Brooke & Ors [2016] EWHC 2477 (Comm) (07 October 2016)

Therium (UK) Holdings Ltd v Brooke & Ors [2016] EWHC 2421 (Comm) (07 October 2016)

Fiona Trust & Holding Corporation v Privalov [2016] EWHC 2451 (Comm) (07 October 2016)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2016] EWHC 2363 (Comm) (29 September 2016)

High Court (Family Division)

AB v CD [2016] EWHC 2482 (Fam) (11 October 2016)

QS v RS & Anor [2016] EWHC 2470 (Fam) (10 October 2016)

X, Y and Z (Disclosure to the Security Service) [2016] EWHC 2400 (Fam) (06 October 2016)

Case V (Human Fertilisation And Embryology Act 2008) [2016] EWHC 2356 (Fam) (30 September 2016)

B (Litigants In Person: Timely Service of Documents), Re [2016] EWHC 2365 (Fam) (30 September 2016)

Alcott (No. 2) [2016] EWHC 2414 (Fam) (29 September 2016)

Source: www.bailii.org

Child protection body failed over paedophile reports – BBC News

Posted October 12th, 2016 in child abuse, complaints, indecent photographs of children, news, police, reports by sally

‘Information on 2,345 British paedophile suspects supplied by Canadian police was “poorly handled” by the body set up to protect children, a report has said.
The Independent Police Complaints Commission found the Child Exploitation and Online Protection Centre (Ceop) had not dealt with the material properly.’

Full story

BBC News, 11th October 2016

Source: www.bbc.co.uk

Newspapers warned of heavy fines if they identify sex case victims – The Guardian

Posted October 12th, 2016 in anonymity, disclosure, fines, media, news, victims by sally

‘Media lawyers have warned that the next national newspaper found guilty of identifying the alleged victim of a sexual assault is likely to face a six-figure penalty, following the latest case, which has resulted in an £80,000 fine for the Telegraph.’

Full story

The Guardian, 11th October 2016

Source: www.guardian.co.uk

Government’s ‘draconian’ pension reforms have backfired, experts warn, as OBR says changes will cost billions – Daily Telegraph

Posted October 12th, 2016 in news, pensions, reports, taxation by sally

‘George Osborne’s pension reforms will backfire and end up costing the taxpayer billions of pounds more every year as people stop saving for their retirement, the official Treasury watchdog has warned.’

Full story

Daily Telegraph, 11th October 2016

Source: www.telegraph.co.uk

‘Helen’s Law’ to deny unrepentant killers parole backed by MPs – BBC News

Posted October 12th, 2016 in bills, murder, news, parole, rehabilitation by sally

‘MPs have voted in favour of a new “Helen’s Law” to deny killers parole if they will not reveal where victims’ remains are.’

Full story

BBC News, 11th October 2016

Source: www.bbc.co.uk

Legal aid cuts have left ‘the most vulnerable people’ unable to pursue justice – The Independent

Posted October 12th, 2016 in civil justice, legal aid, news, reports by sally

‘Amnesty International report lays bare “a two-tier civil justice system, open to those who can afford it, but increasingly closed to the poorest and most in need”. ‘

Full story

The Independent, 11th October 2016

Source: www.independent.co.uk

‘Killer clown’ craze: Teen landed with criminal record, while police urge shops to remove sinister outfits from shelves – Daily Telegraph

Posted October 12th, 2016 in fines, news, public order, young offenders by sally

‘A teenager has been hit with a criminal record for a “killer clown” stunt near an infants school as the escalating craze sparked calls from police chiefs to remove fancy dress from shop shelves.’

Full story

Daily Telegraph, 11th October 2016

Source: www.telegraph.co.uk

Pensioner ‘cannot pay’ Lewes hospital eviction bill – BBC News

Posted October 12th, 2016 in costs, elderly, hospitals, news, repossession by sally

‘A pensioner evicted from the hospital bed she occupied for 14 months has said she cannot pay the £8,000 legal bill she faces. Diane Price, 79, was transferred to a rehabilitation unit at Lewes Victoria Hospital in East Sussex after breaking her leg in a car crash last May. She refused to leave despite doctors telling her she should return home. Sussex Community NHS Foundation Trust won a possession order in the High Court to free up her bed.’

Full story

BBC News, 11th October 2016

Source: www.bbc.co.uk

Prison inquiry demanded by governors after ‘unprecedented’ rise in violence – BBC News

Posted October 12th, 2016 in inquiries, news, prisons by sally

‘The Prison Governors Association has called on the government to set up an independent public inquiry into the state of prisons in England and Wales.’

Full story

BBC News, 12th October 2016

Source: www.bbc.co.uk

Vulnerable children left at risk by ‘horrifying’ state of social services, government watchdog finds – The Independent

Posted October 12th, 2016 in children, education, local government, news, reports, social services by sally

‘Vulnerable children are being left at risk of harm due to the dire state of social services, a report from the Government’s spending watchdog has found.’

Full story

The Independent, 11th October 2016

Source: www.independent.co.uk

Great British Bake Off an example of the legal challenges in protecting TV formats, say experts – OUT-LAW.com

Posted October 11th, 2016 in copyright, intellectual property, media, news, trade marks by sally

‘The recent sale of rights to broadcast The Great British Bake Off has highlighted the legal challenges facing broadcasters keen to protect their rights and interests in TV formats.’

Full story

OUT-LAW.com, 10th October 2016

Source: www.out-law.com

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis? – UK Constitutional Law Association

Posted October 11th, 2016 in bills, brexit, constitutional law, constitutional reform, devolution issues, EC law, news, repeals, treaties by sally

‘On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.’

Full story

UK Constitutional Law Association, 10th October 2016

Source: www.ukconstitutionallaw.org

English court dismisses ‘notice to quit’ served on tenant before land registered – OUT-LAW.com

Posted October 11th, 2016 in land registration, landlord & tenant, news, notification by sally

‘A ‘notice to quit’ served on a tenant farmer by the new owner of the land was invalid, as the new owner had given notice before its ownership was properly registered with the Land Registry, the High Court has ruled.’

Full story

OUT-LAW.com, 10th October 2016

Source: www.out-law.com

Sergeant jailed for ‘horrifying’ machete attack on fellow soldier – The Guardian

Posted October 11th, 2016 in armed forces, news, offensive weapons, sentencing, wounding by sally

‘An army colour sergeant has been jailed for eight years for a “horrifying” machete attack on a fellow soldier, as it was revealed he had previously served time for the culpable homicide of his uncle.’

Full story

The Guardian, 10th October 2016

Source: www.guardian.co.uk

New High Court judgment on privacy and data protection damages – Panopticon

Posted October 11th, 2016 in compensation, damages, data protection, news, privacy by sally

‘One of the major evolving issues in privacy and data protection law concerns the assessment of damages: when someone suffers a breach of their privacy or DP rights, how do you go about deciding how much money to award them by way of compensation?’

Full story

Panopticon, 10th October 2016

Source: www.panopticonblog.com

Direct access website founder urges barristers to focus on broader expertise, not advocacy – Legal Futures

Posted October 11th, 2016 in advocacy, barristers, legal services, news by sally

‘Lawyers who don’t believe the “writing is on the wall” that unregulated legal services will increase “may find themselves on the wrong side of history”, the founder of direct access website Absolute Barrister has warned.’

Full story

Legal Futures, 11th October 2016

Source: www.legalfutures.co.uk

Controversial snooping technology ‘used by at least seven police forces’ – The Guardian

Posted October 11th, 2016 in interception, investigatory powers, London, news, police, privacy, telecommunications by sally

‘Controversial surveillance technology that indiscriminately harvests information from mobile phones is being used by at least seven police forces across the country, a far larger number than previously known, according to police documents.’

Full story

The Guardian, 10th October 2016

Source: www.guardian.co.uk

Trading standards body in court threat over cuts and statutory duties – Local Government Lawyer

Posted October 11th, 2016 in consumer protection, contempt of court, local government, news, standards, trading standards by sally

‘The Chartered Trading Standards Institute (CTSI) has warned councils to “think carefully about their statutory duties when making cuts – or risk being hauled before the courts”.’

Full story

Local Government Lawyer, 10th October 2016

Source: www.localgovernmentlawyer.co.uk

Orgreave police ‘told to use as much force as possible’ – BBC News

Posted October 11th, 2016 in industrial action, miners, news, police by sally

‘The government is considering a review of what happened in 1984 during the miners’ strike when violent clashes took place between the police and miners on the picket line at Orgreave.’

Full story

BBC News, 10th October 2016

Source: www.bbc.co.uk

Legal aid cuts creating two-tier justice system, says Amnesty – The Guardian

Posted October 11th, 2016 in children, civil justice, legal aid, legal representation, news, reports by sally

‘Cuts to legal aid are far worse than anticipated and are creating a “two-tier” system which denies the poorest people access to justice, warns a critical report by Amnesty International.’

Full story

The Guardian, 11th October 2016

Source: www.guardian.co.uk