BAILII: Recent Decisions

Posted August 10th, 2016 in law reports by sally

High Court (Administrative Court)

Ibrahimi & Anor v The Secretary of State for the Home Department [2016] EWHC 2049 (Admin) (05 August 2016)

The Freedom And Justice Party & Ors, R (On the Application Of) v Secretary of State for Foreign and Commonwealth Affairs & Anor [2016] EWHC 2010 (Admin) (05 August 2016)

Bowen & Anor, R (On the Application Of) v Secretary of State for Justice [2016] EWHC 2057 (Admin) (05 August 2016)

High Court (Chancery Division)

Apex Global Management Ltd & Anor v Fi Call Ltd & Ors [2016] EWHC 2053 (Ch) (05 August 2016)

High Court (Commercial Court)

Xstrata Coal Queensland Pty Ltd & Ors v Benxi Iron & Steel (Group) International Economic & Trading Co Ltd [2016] EWHC 2022 (Comm) (05 August 2016)

High Court (Queen’s Bench Division)

Evangelou & Ors v McNicol [2016] EWHC 2058 (QB) (08 August 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 10th, 2016 in legislation by sally

The Harbour Directions (Designation of Harbour Authorities) (Amendment) Order 2016

The Harbour Directions (Designation of Harbour Authorities) Order 2016

The National College for the Creative and Cultural Industries (Government) Regulations 2016

The National College for the Creative and Cultural Industries (Incorporation) Order 2016

The School Teachers’ Pay and Conditions Order 2016

Source: www.legislation.gov.uk

Legal aid is a national institution like the NHS, so why is it not properly funded? – The Guardian

Posted August 10th, 2016 in barristers, budgets, costs, fees, legal aid, legal representation, news, solicitors by sally

‘The media jump on high-profile cases of criminals like Ben Butler and Jennie Gray receiving huge amounts in legal aid. The real outrage is successive governments’ policy to limit access to it.’

Full story

The Guardian, 9th August 2016

Source: www.gaurdian.co.uk

Rugby star accused of raping girl he met on Tinder cleared of all charges – Daily Telegraph

Posted August 10th, 2016 in anonymity, internet, news, rape, sexual offences, sport by sally

‘A rising English rugby star, who was accused of raping a girl he met on the Tinder dating app, has been cleared by a jury in just over an hour.’

Full story

Daily Telegraph, 9th August 2016

Source: www.telegraph.co.uk

Harry Potter actor Rupert Grint loses £1m tax refund case – The Guardian

Posted August 10th, 2016 in appeals, HM Revenue & Customs, income tax, news, taxation by sally

‘Harry Potter star Rupert Grint has lost his legal battle for a £1m tax refund. A tax tribunal judge rejected the actor’s appeal against an HM Revenue and Customs block on him using a change in accounting dates to shield his earnings from the higher 50% tax rate.’

Full story

The Guardian, 9th August 2016

Source: www.guardian.co.uk

London woman dies in possibly the first drone-related accidental death – The Independent

Posted August 10th, 2016 in accidents, aircraft, armed forces, news, police, prisons, road traffic, terrorism by sally

‘A young woman died in a car crash Tuesday after her vehicle was followed by police investigating reports of a drone being flown near Wandsworth Prison in London. The incident may be the first fatality linked to the non-military use of drones.’

Full story

The Independent, 9th August 2016

Source: www.independent.co.uk

Troubled Families report ‘suppressed’ – BBC News

‘An unfavourable evaluation of the government’s flagship policy response to the 2011 riots has been suppressed, BBC Newsnight has learned.’

Full story

BBC News, 8th August 2016

Source: www.bbc.co.uk

David Cameron to face inquiry into resignation honours list – The Independent

‘David Cameron is to face a Commons inquiry into his resignation honours list, which has been widely criticised for the way he used it to reward friends and financial backers.’

Full story

The Independent, 9th August 2016

Source: www.independent.co.uk

Two-thirds of young women suffer sexual harassment at work, survey finds – Daily Telegraph

Posted August 10th, 2016 in employment, equality, harassment, news, sex discrimination, statistics, women by sally

‘The level of sexual harassment in the workplace is “shameful”, with women being subjected to unwelcome jokes, verbal advances, suggestive remarks and even demands for sexual favours, a report has found.’

Full story

TUC report

Daily Telegraph, 10th August 2016

Source: www.telegraph.co.uk

Law amounts to unnecessary death sentence for dogs, claims RSPCA – The Guardian

Posted August 9th, 2016 in charities, dogs, euthanasia, news, reports by sally

‘Hundreds of dogs are being put down unnecessarily, an animal charity has warned, as it calls for a government law change.’

Full story

The Guardian, 9th August 2016

Source: www.guardian.co.uk

NHS hit with costs over “drip feed” disclosure – Litigation Futures

Posted August 9th, 2016 in costs, disclosure, news, personal injuries by sally

‘A district judge has made a costs order in favour a claimant who discontinued her occupier’s liability claim against a hospital, because the defendant NHS trust “drip-fed” documents that should have been disclosed up front under the pre-action protocol.’

Full story

Litigation Futures, 9th August 2016

Source: www.litigationfutures.com

Regulator seeks reform of UK payments infrastructure – OUT-LAW.com

Posted August 9th, 2016 in banking, competition, news by sally

‘Plans to reform UK payments infrastructure have been outlined by the industry’s regulator after it found that current competition in the market is lacking and serving as a barrier to innovation.’

Full story

OUT-LAW.com, 8th August 2016

Source: www.out-law.com

Tribunal clears two solicitors of unwittingly enabling mortgage fraud – Legal Futures

Posted August 9th, 2016 in disciplinary procedures, fraud, mortgages, news, solicitors by sally

‘The Solicitors Disciplinary Tribunal (SDT) has cleared two solicitors of being unwitting parties to a mortgage fraud, saying that once the mortgagor’s solicitor had been sanctioned in 2015, the Solicitors Regulation Authority (SRA) should not have continued its case against them as the purchaser’s advisers.’

Full story

Legal Futures, 9th August 2016

Source: www.legalfutures.co.uk

For too long the youth court has been seen as a ‘rehearsal court’ for lawyers at the start of their careers – Legal Voice

Posted August 9th, 2016 in criminal justice, news, young persons, youth courts by sally

‘Every day, the Youth Justice Legal Centre, set up by the youth justice charity Just for Kids Law, sees the criminal justice system failing young people. Now a growing body of opinion agrees it is time for reform, says Laura Cooper.’

Full story

Legal Voice, 8th August 2016

Source: www.legalvoice.org.uk

Labour to appeal High Court ruling that new members should have right to vote in leadership election – The Independent

Posted August 9th, 2016 in appeals, elections, news, political parties by sally

”Due this decision, we are now in the absurd position that Labour HQ is wasting members’ money to prevent members having a democratic vote on the leader of their choice, which has already been firmly upheld by a High Court judgement’.’

Full story

The Independent, 8th August 2016

Source: www.independent.co.uk

Anthony Long: Officer cleared after Azelle Rodney shooting attacks IPCC – BBC News

Posted August 9th, 2016 in complaints, firearms, murder, news, police by sally

‘An ex-Met firearms officer cleared of murder has said the police watchdog “seems to be treating officers as criminals”.’

Full story

BBC News, 9th August 2016

Source: www.bbc.co.uk

Watchdog demands banking overhaul to save customers money – The Guardian

Posted August 9th, 2016 in banking, competition, consumer protection, news by sally

‘A package of measures intended to help customers save £92 a year by switching their bank accounts has been unveiled by the competition watchdog after a two-year investigation into the sector.’

Full story

The Guardian, 9th August 2016

Source: www.guardian.co.uk

Escaping “the jungle” must be done in an orderly manner – UK Human Rights Blog

Posted August 9th, 2016 in appeals, asylum, children, human rights, news, proportionality by sally

‘Four asylum seekers, namely three unaccompanied minors and one disabled adult, were in “the jungle” – the (increasingly permanent) temporary refugee and migrant camp in Calais – since October 2015. Having fled from war-torn Syria, they were trying to join their siblings in the UK. The problem was that the French system for processing asylum claims under EU rules would involve considerable delays and the evidence showed that the conditions in the camp were wholly inadequate: these children experienced physical violence and their medical needs were unmet. So they ignored the EU rules and issued a claim in the UK.’

Full story

UK Human Right Blog, 8th August 2016

Source: www.ukhumanrightsblog.com

What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

Full story

UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

New Home Office API on Gay Asylum Claims: Not Fit For Purpose – Free Movement

‘The new Asylum Policy Instruction on Sexual Orientation Issues in the Asylum Claim, published last Wednesday, marks an unwelcome retrograde step for the Home Office, which still continues to apply the ‘voluntary discretion test’ to gay asylum claims, even though this has been held to be unlawful, as a matter of EU law, since July 2015. Having made positive strides with respect to the quality of decision-making since the public outcry over the sexually explicit methods of questioning gay asylum seekers in February 2014, in August 2016 this API will lead to sub-standard and unlawful decisions by the Home Office, and arguably Courts and Tribunals who rely on the API, leading to devastating outcomes to those returned to countries where they will suffer persecution.’

Full story

Free Movement, 8th August 2016

Source: www.freemovement.org.uk