Supreme Court upholds right to claim against ‘malicious’ civil cases – OUT-LAW.com
‘Private individuals should have the right to bring a claim against another on the grounds that that person sued them in the civil courts with “unnecessary malice”, the UK’s highest court has ruled.’
OUT-LAW.com, 27th July 2016
Source: www.out-law.com
Third party rights of direct action against insurers due to come into force – OUT-LAW.com
‘New rights for third parties to bring direct actions against insurers in the event that an insured party against which they have a claim becomes insolvent will come into force on 1 August 2016.’
OUT-LAW.com, 28th July 2016
Source: www.out-law.com
Everything You Need To Know About Secrecy In The Family Courts – RightsInfo
‘One of the central principles of the family justice system has long been ensuring the privacy and confidentiality of the families involved. Families going through divorces, child custody proceedings or cases involving child abuse have typically had their identities and the details of their cases protected. But over recent years there has been a rising perception that the family courts are secretive and unaccountable – sparking calls for increased transparency, and raising important questions for human rights.’
Rightsinfo, 27th July 2016
Source: www.rightsinfo.org
Supreme Court dismisses appeal by council over payout for closure of pier – Local Government Lawyer
‘A borough council is facing a payout following the loss of a Supreme Court battle over compensation payable when the local authority used its emergency powers to close a pier.’
Local Government Lawyer, 28th July 2016
Source: www.localgovernmentlawyer.co.uk
Former partner loses age discrimination appeal over firm restructure – Legal Futures
‘The Employment Appeal Tribunal (EAT) has dismissed an appeal against a decision that a top-100 regional law firm was not guilty of age discrimination against one of its partners, after he was not offered a new partnership when it restructured.’
Legal Futures, 29th July 2016
Source: www.legalfutures.co.uk
Can several wrongs make a right? Gallaher v CMA in the Court of Appeal – Competition Bulletin from Blackstone Chambers
‘When a public body makes a mistake in its treatment of one person, can fairness require it to treat other people in the same way – even if that means amplifying the effects of the mistake?’
Competition Bulletin from Blackstone Chambers, 27th July 2016
Source: www.competitionbulletin.com
Court of Protection extends pilot testing increased access for public and media – Courts and Tribunals Judiciary
‘A pilot scheme which has allowed the public and media to gain greater access to Court of Protection hearings is to continue for a further 12 months.’
Courts and Tribunals Judiciary, 28th July 2016
Source: www.judiciary.gov.uk
Judge orders SDT to try again after botched strike-out – Law Society’s Gazette
‘The High Court has ordered the Solicitors Disciplinary Tribunal to rehear a prosecution against two solicitors suspected of dishonesty.’
Law Society’s Gazette, 29th July 2016
Source: www.lawgazette.co.uk
Victorino Chua: ‘angel turned evil’ hospital nurse fails in appeal bid – The Guardian
‘A hospital nurse who murdered two patients and poisoned others has failed in a bid to challenge his conviction and sentence.’
The Guardian, 28th July 2016
Source: www.guardian.co.uk
Prosecuting Eleanor de Freitas ended in tragedy. So how do we deal with alleged false reports of rape? – The Guardian
‘The tragic case of Eleanor de Freitas has provided more questions than answers. What should be done about those few cases in which women make false allegations of rape? Should libel courts be used to determine the woman’s guilt in such cases? And how do we ensure that the disproportionate attention in the media regarding false allegations does not lead to an even bleaker outlook than already exists for rape victims seeking justice?’
The Guardian, 28th July 2016
Source: www.guardian.co.uk
Doctor could face disciplinary for failing to spot effects of contraceptive pill, as coroner rules graduate’s death could have been prevented – Daily Telegraph
‘A doctor could face a disciplinary hearing for failing to spot the side effects of the contraceptive pill, as a coroner rules a graduate’s death could have been prevented if he had seen the signs.’
Daily Telegraph, 28th July 2016
Source: www.telegraph.co.uk
Jeremy Corbyn can stay on Labour leadership ballot, High Court rules – The Independent
‘Jeremy Corbyn will not have to seek nominations from his MPs to proceed with his leadership bid, after a High Court judge ruled in his favour.’
The Independent, 28th July 2016
Source: www.independent.co.uk
Teenager who spent student loan trying to join Isil and used a ‘step-by-step guide to terrorism’ is jailed – Daily Telegraph
‘A radicalised teenager who spent his student loan trying to join Islamic State and used a “step-by-step guide to terrorism” has been jailed for three-and-a-half years.’
Daily Telegraph, 28th July 2016
Source: www.telegraph.co.uk
Women’s prison suicide rate soars as charity warns of ‘horrifying’ self-harm – The Independent
‘The number of women killing themselves in prison has “risen alarmingly”, new government figures have revealed – prompting warnings from top charity leaders over unsafe jail conditions. Statistics published by the Ministry of Justice (MoJ) show the total number of deaths classed as “self-inflicted” rose by 28 per cent over the past 12 months compared with the previous year.’
The Independent, 28th July 2016
Source: www.independent.co.uk
BAILII: Recent Decisions
Supreme Court
The Christian Institute & Ors v The Lord Advocate (Scotland) [2016] UKSC 51 (28 July 2016)
Hastings Borough Council v Manolete Partners Plc [2016] UKSC 50 (27 July 2016)
Secretary of State for the Home Department v Franco Vomero (Italy) [2016] UKSC 49 (27 July 2016)
Lee-Hirons v Secretary of State for Justice [2016] UKSC 46 (27 July 2016)
Hayward v Zurich Insurance Company plc [2016] UKSC 48 (27 July 2016)
Bailey & Anor v Angove’s PTY Ltd [2016] UKSC 47 (27 July 2016)
Court of Appeal (Civil Division)
MSC Mediterranean Shipping Company SA v Cottonex Anstalt [2016] EWCA Civ 789 (27 July 2016)
Bolle Transport BV v Secretary of State for the Home Department [2016] EWCA Civ 783 (27 July 2016)
Hospira UK Ltd v Genentech Inc [2016] EWCA Civ 780 (27 July 2016)
WH Newson Holding Ltd & Ors v IMI Plc & Anor [2016] EWCA Civ 773 (27 July 2016)
Court of Appeal (Criminal Division)
Powell & Anor, R v [2016] EWCA Crim 1043 (27 July 2016)
High Court (Administrative Court)
YA v London Borough of Hammersmith And Fulham [2016] EWHC 1850 (Admin) (27 July 2016)
GS, R (On the Application Of) v London Borough of Camden [2016] EWHC 1762 (Admin) (27 July 2016)
Nuttall & Anor v National Crime Agency [2016] EWHC 1911 (Admin) (27 July 2016)
High Court (Chancery Division)
National Westminster Bank Plc v Lucas & Ors [2016] EWHC 1934 (Ch) (27 July 2016)
Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch) (27 July 2016)
High Court (Commercial Court)
Novus Aviation Ltd v Alubaf Arab International Bank BSC(C) [2016] EWHC 1937 (Comm) (27 July 2016)
High Court (Queen’s Bench Division)
Bill Kenwright Ltd v Flash Entertainment FZ LLC [2016] EWHC 1951 (QB) (28 July 2016)
Economou v de Freitas [2016] EWHC 1853 (QB) (27 July 2016)
High Court (Technology and Construction Court)
Ground Developments Ltd v FCC Construccion SA & Ors [2016] EWHC 1946 (TCC) (27 July 2016)
Source: www.bailii.org
High Court rules council acted unlawfully in cuts to short break funding – Local Government Lawyer
‘The High Court has ruled that a local authority acted unlawfully when it reduced funding to voluntary sector organisations that offer short breaks to disabled children.’
Local Government Lawyer, 28th July 2016
Source: www.localgovernmentlawyer.co.uk
Briggs presses ahead with Online Court and challenges profession to get to grips with unbundling – Legal Futures
‘Lord Justice Briggs published his final report on the structure of the civil courts and retained his strong support for the creation of an online court for claims worth up to £25,000 – which he said should be called the Online Solutions Court – although he has shifted position to say that parties should be able to recover a limited amount of legal costs.’
Legal futures, 27th July 2016
Source: www.legalfutures.co.uk
