When Allegations of Fraud are not Enough – Zenith PI
‘A default judgment will not be set aside as a matter of course just because arguable fraud is alleged.’
Zenith PI, 15th June 2016
Source: www.zenithpi.wordpress.com
Prosecution by watchdog sees adult care provider fined £190k – Local Government Lawyer
‘An adult social care provider has been fined £190,000 after being prosecuted by the Care Quality Commission for failing in its duty to provide safe care and treatment.’
Local Government Lawyer, 16th June 2016
Source: www.localgovernmentlawyer.co.uk
Big rise in complaints by solicitors against solicitors as “litigation tactics become tougher” – Litigation Futures
‘Complaints about misconduct made against solicitors by solicitors, barristers and other professionals have increased by a third in the past five years, it has emerged.’
Litigation Futures, 17th June 2016
Source: www.litigationfutures.com
Leigh Day “breached duty” to thousands of Trafigura claimants who did not receive share of £30m settlement – Legal Futures
‘Leading group action law firm Leigh Day has been found guilty of professional negligence after 6,624 of the claimants it represented in the high-profile Trafigura case were not paid their share of the £30m settlement.’
Legal Futures, 17th June 2016
Source: www.legalfutures.co.uk
Supreme Court rejects HRA over private tenancy – Law Society’s Gazette
‘The Supreme Court has ruled that private tenants cannot rely on the right to a private and family life under the European Convention on Human Rights to challenge a mandatory possession order.’
Law Society’s Gazette, 16th June 2016
Source: www.lawgazette.co.uk
BAILII: Recent Decisions
High Court (Commercial Court)
High Court (Family Division)
- Wyatt v Vince [2016] EWHC 1368 (Fam) (10 June 2016)
- London Borough of Sutton v MH (No 2) [2016] EWHC 1371 (Fam) (10 June 2016)
- X (A Child), Re [2016] EWHC 1342 (Fam) (10 June 2016)
- N, Re [2016] EWHC 1329 (Fam) (08 June 2016)
- J, Re [2016] EWHC 1330 (Fam) (08 June 2016)
- S (Child Abduction: Joinder of Sibling: Child’s Objections) [2016] EWHC 1227 (Fam) (27 May 2016)
High Court (Patents Court)
High Court (Queen’s Bench Division)
- Agouman v Leigh Day (a firm) [2016] EWHC 1324 (QB) (16 June 2016)
- Theedom v Nourish Trading Ltd (t/a CSP Recruitment) & Anor [2016] EWHC 1364 (QB) (15 June 2016)
- Mouncher & Ors v South Wales Police [2016] EWHC 1367 (QB) (14 June 2016)
- Galdikas & Ors v DJ Houghton Catching Services Ltd & Ors [2016] EWHC 1376 (QB) (10 June 2016)
- F, Re review of tariff [2016] EWHC 1294 (QB) (08 June 2016)
- Bonelli, Re review of tariff [2016] EWHC 1293 (QB) (08 June 2016)
- MC v Birmingham Women’s NHS Foundation Trust [2016] EWHC 1334 (QB) (08 June 2016)
- Finch & Anor v Lloyds TSB Bank Plc & Ors [2016] EWHC 1236 (QB) (08 June 2016)
- Pickwell & Anor v Pro Cam CP Ltd [2016] EWHC 1304 (QB) (03 June 2016)
- Govia Thameslink Railway Ltd v The Associated Society of Locomotive Engineers and Firemen [2016] EWHC 1320 (QB) (02 June 2016)
- Thames Cleaning and Support Services Ltd v United Voices of the World & Anor (Rev 1) [2016] EWHC 1310 (QB) (02 June 2016)
- Barron & Anor v Vines (Rev 1) [2016] EWHC 1226 (QB) (01 June 2016)
High Court (Technology and Construction Court)
- PM Project Services Ltd v Dairy Crest Ltd [2016] EWHC 1235 (TCC) (13 June 2016)
- Bouygues (UK) Ltd v Febrey Structures Ltd [2016] EWHC 1333 (TCC) (10 June 2016)
- BPC Hotels Ltd & Ors v Wright Hassall LLP & Anor [2016] EWHC 1286 (TCC) (06 June 2016)
- Lungowe & Ors v Vedanta Resources Plc & Anor [2016] EWHC 975 (TCC) (27 May 2016)
- Kent Community Health NHS Foundation Trust v NHS Swale Clinical Commissioning Group & Anor [2016] EWHC 1393 (TCC) (27 May 2016)
Source: www.bailii.org
Neuberger warns of conflict risks posed by ABSs and conditional fees – Law Society’s Gazette
‘Supreme Court president Lord Neuberger has warned that alternative business structures and conditional fee agreements are two ‘concerning’ developments which could pose a threat to lawyers’ ethical duties.’
Law Society’s Gazette, 16th June 2016
Source: www.lawgazette.co.uk
International Children Law Update: June 2016 – Family Law Week
‘Jacqueline Renton, barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.’
Family Law Week, 7th June 2016
Source: www.familylawweek.co.uk
Finance & Divorce Update June 2016 – Family Law Week
‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during May 2016.’
Family Law Week, 3rd June 2016
Source: www.familylawweek.co.uk
Pair found not guilty of Remembrance Day beheading plot – BBC News
‘Two men have been cleared of planning to behead a poppy seller, soldier or a police community support officer (PCSO) during Remembrance Day commemorations.’
BBC News, 16th June 2016
Source: www.bbc.co.uk
Civil servant stole £1m from Government to buy a luxury flat – Daily Telegraph
‘A Department for Education manager who defrauded the Government of more than £1m to buy a luxury flat has been jailed after he was turned in by his mother.’
Daily Telegraph, 16th June 2016
Source: www.telegraph.co.uk
BAILII: Recent decisions
Court of Appeal (Civil Division)
Harb v HRH Prince Abdul Aziz Bin Fahd Bin Abdul Aziz [2016] EWCA Civ 556 (16 June 2016)
Koori & Ors v The Secretary of State for the Home Department [2016] EWCA Civ 552 (14 June 2016)
Barons Bridging Finance 1 Ltd & Ors v Barons Finance Ltd [2016] EWCA Civ 550 (14 June 2016)
MVF 3 Aps & Ors v Bestnet Europe Ltd & Ors [2016] EWCA Civ 541 (13 June 2016)
AR, R (on the application of) v Greater Manchester Police & Anor [2016] EWCA Civ 490 (10 June 2016)
F (Children), Re [2016] EWCA Civ 546 (09 June 2016)
Court of Appeal (Criminal Division)
Evans, R v [2016] EWCA Crim 671 (10 June 2016)
Ahmed v R [2016] EWCA Crim 670 (09 June 2016)
Awoyemi & Ors v R [2016] EWCA Crim 668 (08 June 2016)
AXN v The Queen [2016] EWCA Crim 590 (27 May 2016)
High Court (Administrative Court)
S (a child) v NHS England [2016] EWHC 1395 (Admin) (15 June 2016)
Rhoscrowther Wind Farm Ltd v The Welsh Ministers & Anor [2016] EWHC 1388 (Admin) (09 June 2016)
The City and County of Swansea v Swansea Crown Court & Anor [2016] EWHC 1389 (Admin) (09 June 2016)
High Court (Chancery Division)
Aidiniantz v The Sherlock Holmes International Society Ltd [2016] EWHC 1392 (Ch) (15 June 2016)
Heraeus Medical GmbH & Anor v Biomet UK Healthcare Ltd & Ors [2016] EWHC 1369 (Ch) (15 June 2016)
Collins v Collins & Ors [2016] EWHC 1423 (Ch) (15 June 2016)
The Khan Partnership LLP v Infinity Distribution Ltd [2016] EWHC 1390 (Ch) (14 June 2016)
Hanspaul & Anor v Ward & Ors [2016] EWHC 1358 (Ch) (13 June 2016)
Pineport Ltd v Grangeglen Ltd [2016] EWHC 1318 (Ch) (13 June 2016)
Jones v Longley & Ors [2016] EWHC 1309 (Ch) (03 June 2016)
Hawk Recovery Ltd v Hall & Ors [2016] EWHC 1307 (Ch) (03 June 2016)
Streather & Anor v Bodker [2016] EWHC 1311 (Ch) (03 June 2016)
Ross & Anor v Gaffney & Anor [2016] EWHC 1255 (Ch) (02 June 2016)
Lloyd v Jones & Ors [2016] EWHC 1308 (Ch) (02 June 2016)
Source: http://www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Bank of England and Financial Services Act 2016 (Commencement No. 3) Regulations 2016
The Registrar of Companies (Fees) (Amendment) Regulations 2016
The Value Added Tax (Drugs, Medicines, Aids and Charities, etc.) Order 2016
The Companies and Limited Liability Partnerships (Filing Requirements) Regulations 2016
The Offshore Installations (Safety Zones) (No. 2) Order 2016
The Exempt Charities (No. 2) Order 2016
The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2016
The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) Order 2016
The Football Spectators (Seating) Order 2016
The European Union Referendum (Voter Registration) Regulations 2016
The Jobseeker’s Allowance (Members of the Forces) (Northern Ireland) (Amendment) Regulations 2016
The Social Security (Contributions) (Amendment No. 3) Regulations 2016
The Recall Petition (Petition Officers’ Charges) Regulations 2016
The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2016
The Wireless Telegraphy (Licence Charges) (Amendment) Regulations 2016
Source: www.legislation.gov.uk
Court sanctions party that failed to paginate its bundles properly – Litigation Futures
‘A party’s failure to provide a properly paginated bundle to the High Court has led to the adjournment of key parts of its application for summary judgment and a costs order.’
Litigation Futures, 14th June 2016
Source: www.litigationfutures.com
Two-thirds of litigators say increased court fees already putting off clients – Litigation Futures
‘Two-thirds of litigation lawyers say increased court fees have already deterred clients from commencing proceedings, a survey has found.’
Litigation Futures, 15th June 2016
Source: www.litigationfutures.com
ICO investigates after medical records found in skip outside law firm – Legal Futures
‘The Information Commissioner’s Office (ICO) has launched an investigation after medical records relating to personal injury claims were found in a skip outside a law firm’s former office in St Helens, Merseyside.’
Legal Futures, 16th June 2016
Source: www.legalfutures.co.uk
First North East prosecution for controlling and coercive behaviour – Crown Prosecution Service
‘A Cleveland man has today been sentenced in what is believed to be the North East’s first prosecution for the new criminal offence of controlling and coercive behaviour.’
Crown Prosecution Service, 10th June 2016
Source: www.cps.gov.uk
Activities of McKenzie Friends in family courts to go under the microscope – The Bar Council
‘The activities of unregulated, untrained and uninsured McKenzie Friends in the family courts is to come under the microscope with the commissioning of field research by the Bar Council into how they handle court work.’
The Bar Council, 10th June 2016
Source: www.barcouncil.org.uk
Code of Practice Issued Under the Proceeds of Crime Act 2002 – Attorney General’s Office
‘The operation by prosecutors of investigation powers within POCA are subject to guidance issued by the Attorney General and the Advocate General for Northern Ireland in a code of practice. This code of practice has been revised to take account of certain provisions in the Serious Crime Act 2015 and the full extension of POCA powers to Northern Ireland.’
Attorney General’s Office, 10th June 2016
Source: www.gov.uk/ago
