BAILII: Recent Decisions
Court of Appeal (Civil Division)
Randall v Randall [2016] EWCA Civ 494 (27 May 2016)
S (A Child) [2016] EWCA Civ 495 (27 May 2016)
Singh v The Secretary of State for the Home Department [2016] EWCA Civ 492 (27 May 2016)
Court of Appeal (Criminal Division)
AXN v The Queen [2016] EWCA Crim 590 (27 May 2016)
High Court (Administrative Court)
Scott v Solicitors Regulation Authority [2016] EWHC 1256 (Admin) (27 May 2016)
Hill, R (On the Application Of) v Cornwall Council [2016] EWHC 1264 (Admin) (27 May 2016)
High Court (Commercial Court)
AS Latvijas Krajbanka v Antonov [2016] EWHC 1262 (Comm) (27 May 2016)
High Court (Queen’s Bench Division)
R + V Versicherung AG v Robertson And Co SA [2016] EWHC 1243 (QB) (27 May 2016)
HM Solicitor General v Cox & Anor [2016] EWHC 1241 (QB) (27 May 2016)
High Court (Technology and Construction Court)
Cooper & Anor v Thameside Construction Company Ltd [2016] EWHC 1248 (TCC) (27 May 2016)
Lungowe & Ors v Vedanta Resources Plc & Anor [2016] EWHC 975 (TCC) (27 May 2016)
Source: www.bailii.org
Man allowed to challenge former mother-in-law’s will – Law Society’s Gazette
‘The Court of Appeal has granted a divorced husband permission to challenge the validity of his former mother-in-law’s will which left him nothing from her estate.’
Law Society’s Gazette, 27th May 2016
Source: www.lawgazette.co.uk
Court rules on QOCS protection in appeals – Law Society’s Gazette
‘Costs protection will apply to first appeals in personal injury proceedings, the High Court has ruled in a judgment intended to clear up an area of confusion.’
Law Society’s Gazette, 30th May 2016
Source: www.lawgazette.co.uk
Ex-Army Major, 90, died after falling from trolley when hospital staff failed to secure sides – Daily Telegraph
‘A retired Army Major died after falling from a hospital trolley as NHS staff wheeled him for a routine hip X-Ray, a judge had been told.’
Daily Telegraph, 29th May 2016
Source: www.telegraph.co.uk
Probe into UK occupational pension schemes – BBC News
‘An inquiry is to be launched into the UK’s 6,000 occupational pension schemes after question marks about the future of the BHS and British Steel schemes.’
BBC News, 30th May 2016
Source: www.bbc.co.uk
Ken Clarke: Change rules on ‘public danger’ prisoners – BBC News
‘Former justice secretary Ken Clarke says parole boards should have more power to free criminals jailed because they were a danger to the public. He told BBC Radio 4’s Today programme it was “absurd” to keep prisoners in jail beyond their original terms.’
BBC News, 30th May 2016
Source: www.bbc.co.uk
Jailed for false retraction, rape victim to challenge reduced compensation – The Guardian
‘A woman who was jailed for falsely retracting a true allegation of rape is to challenge the compensation awarded to her by a tribunal.’
The Guardian, 30th May 2016
Source: www.guardian.co.uk
Ched Evans faces new rape trial in October – Daily Telegraph
‘Footballer Ched Evans will go on trial to face an allegation of rape later this year.’
Daily Telegraph, 27th May 2016
Source: www.telegraph.co.uk
Driver Andrew Nay jailed for paralysing sisters in road rage crash – BBC News
‘A driving instructor who left two young sisters paralysed after a road rage crash in Northamptonshire has been jailed for four-and-a-half years.’
BBC News, 27th May 2016
Source: www.bbc.co.uk
Supreme Court to hear key case on liability of councils for foster care abuse – Local Government Lawyer
‘The Supreme Court has agreed to hear a key case on the liability of councils for foster care abuse, it has emerged.’
Local Government Lawyer, 27th may 2016
Source: www.localgovernmentlawyer.co.uk
Chief Inspector highly critical of Home Office internal review process – Free Movement
‘The Immigration Act 2014 removed rights of appeal to an independent judge against refusal of many immigration decisions, replacing appeals with a system of internal review within the Home Office. It is called Administrative Review. The Chief Inspector of Borders and Immigration, David Bolt, has just published a report into how well this process is working. He finds “significant room for improvement.”’
Free Movement, 26th May 2016
Source: www.freemovement.org.uk
High Court strikes down unfair decision in DFT of vulnerable victim of torture – Free Movement
‘In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detained Fast Track (DFT) and ordered the Home Secretary to remake the decision afresh without regard to material obtained in the unfair process. The case is R (on the application of Zafar) v The Secretary of State for the Home Department [2016] EWHC 1217 (Admin).’
Free Movement, 25th May 2016
Source: www.freemovement.org.uk
Should “turning a blind eye” to allegations of child abuse be made illegal? – Halsbury’s Law Exchange
‘According to the NSPCC’s 2015 report, How safe are our children? over 30,000 cases of child sexual abuse are now recorded annually in the UK. Perhaps this growing number can be attributed, in part, to people being more confident in speaking up and raising concerns, especially in an era of post-Yewtree Operation revelations.’
Halsbury’s Law Exchange, 25th May 2016
Source: www.halsburyslawexchange.co.uk
Reading the Riot Act: the future of riot damage compensation – Halsbury’s Law Exchange
‘“If you carry on doing that I’ll read you the Riot Act!” So might a hapless parent or teacher plead to their unruly charges. But the real Riot Act 1714 (removed only in 1973 by the Statute Law (Repeals) Act of that year) meant business. For, if more than 12 people “unlawfully, riotously, and tumultuously assembled together”, it allowed a justice of the peace (or other specified local official) to command the assembly to disperse and within an hour “peaceably to depart to their habitations or to their lawful business”. If not they were liable to “suffer death” as felons.’
Halsbury’s Law Exchange, 25th May 2016
Source: www.halsburyslawexchange.co.uk
High Court orders in favour of e-disclosure predictive coding in first contested case – OUT-LAW.com
‘The High Court has backed the use of predictive coding in a litigation disclosure exercise, in what is being reported as the first use of the technology without the consent of all parties.’
OUT-LAW.com, 25th May 2016
Source: www.out-law.com
Spitalfields Trust Ltd lose judicial review claim – OUT-LAW.com
‘The High Court has rejected Spitalfields Historic Trust Ltd’s judicial review claim against a planning permission decision by previous London mayor Boris Johnson.’
OUT-LAW.com, 26th May 2016
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Project Blue Ltd v Revenue and Customs [2016] EWCA Civ 485 (26 May 2016)
Rizan & Anor v Hayes & Anor [2016] EWCA Civ 481 (26 May 2016)
Nelmes v NRAM Plc [2016] EWCA Civ 491 (26 May 2016)
High Court (Administrative Court)
High Court (Chancery Division)
The Girls’ Day School Trust v GDST Pension Trustees Ltd & Anor [2016] EWHC 1254 (Ch) (26 May 2016)
High Court (Family Division)
Birmingham City Council v LC & Ors [2016] EWHC 1278 (Fam) (27 May 2016)
High Court (Queen’s Bench Division)
Milanese v Leyton Orient Football Club Ltd [2016] EWHC 1161 (QB) (26 May 2016)
Zahir v Vadodaria [2016] EWHC 1215 (QB) (26 May 2016)
Milanese v Leyton Orient Football Club Ltd [2016] EWHC 1263 (QB) (26 May 2016)
Winchester Park Ltd v Sehayek [2016] EWHC 1216 (QB) (26 May 2016)
Parke v Butler [2016] EWHC 1251 (QB) (26 May 2016)
Source: www.bailii.org