BAILII: Recent Decisions
Court of Appeal (Criminal Division)
High Court (Queen’s Bench Division)
High Court (Administrative Court)
Law Society of England and Wales v Shah – WLR Daily
Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5
‘The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.’
WLR Daily, 12th January 2015
Source: www.iclr.co.uk
Good Samaritan Law – BBC Unreliable Evidence
‘Clive Anderson and guests ask why Britain, unlike many other countries in the world, has no general law which requires people to behave like good Samaritans, punishing those who fail to help others in trouble.’
BBC Unreliable Evidence, 14th January 2015
Source: www.bbc.co.uk
Whiplash Quantum Update – Zenith PI Blog
‘There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.’
Zenith PI Blog, 13th January 2015
Source: www.zenithpi.wordpress.com
Football ‘spot-fixing’ case dropped – BBC News
‘The case against 13 footballers investigated over alleged spot-fixing has been dropped due to “insufficient evidence”, the CPS has said.’
BBC News, 15th January 2015
Source: www.bbc.co.uk
Accidents abroad: The need for evidence of local standards – Zenith PI Blog
‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’
Zenith PI Blog, 13th January 2015
Source: www.zenithpi.wordpress.com
Corporate manslaughter prosecutions “gathering momentum”, says expert, as kayak firm convicted – OUT-LAW.com
‘The successful prosecution of a firm for corporate manslaughter following the death of a worker who had become trapped in an industrial oven demonstrates the need for firms to ensure that health and safety risks are properly managed, an expert has said.’
OUT-LAW.com, 13th January 2015
Source: www.out-law.com
Judge criticised after claiming 16-year-old pupil groomed teacher – The Guardian
‘A judge is facing criticism after she handed down a suspended sentence to a teacher found guilty of having sex with a pupil and said the 16-year-old girl had “groomed” him.’
The Guardian, 14th January 2015
Source: www.guardian.co.uk
Google launches challenge to Max Mosley’s privacy bid – BBC News
‘Google has asked the High Court to throw out legal action being taken by ex-Formula 1 boss Max Mosley.’
BBC News, 14th January 2015
Source: www.bbc.co.uk
Child abuse survivors push Theresa May to save independent inquiry – The Guardian
‘Theresa May is under intense pressure to save the independent inquiry into child abuse after survivors groups condemned it as a mess and demanded she rip up the process and start again.’
The Guardian, 14th January 2015
Source: www.guardian.co.uk
The end of the CCTV era? – BBC News
‘Twenty years ago the government backed a major expansion of the CCTV network – now funds are being cut and cameras shut off. Is the UK’s CCTV boom over, asks Rachel Argyle.’
BBC News, 15th January 2015
Source: www.bbc.co.uk
The unkindest cut: Criminal record for elderly neighbours who cut back man’s clematis – The Independent
‘Two pensioners in their 80s have been convicted of criminal damage after deliberately cutting back their neighbour’s clematis with secateurs against her wishes.’
The Independent, 14th January 2015
Source: www.independent.co.uk
Tulisa Constavlos loses appeal over assault conviction – Daily Telegraph
‘Former X Factor judge loses appeal against conviction for hitting celebrity blogger Savvas Morgan during row at V Festival in Chelmsford’
Daily Telegraph, 14th January 2015
Source: www.telegraph.co.uk
Information commissioner calls for protection of private data amid calls for ‘snooper’s charter’ – The Independent
‘The information commissioner has called for the establishment of a US-style agency to defend the privacy of citizens amid growing calls for the reintroduction of the “snoopers’ charter”.’
The Independent, 13th January 2015
Source: www.independent.co.uk
Councils must be more proactive to prevent FGM, says top judge – The Guardian
‘Local authorities need to be “proactive and vigilant” in taking measures to prevent girls being subjected to the “great evil” of female genital mutilation, the most senior family court judge in England and Wales has said.’
The Guardian, 14th January 2015
Source: www.guardian.co.uk
Sex teacher Stuart Kerner’s ‘unduly lenient’ sentence may be reviewed – BBC News
‘The Attorney General is to consider whether a suspended sentence handed to a religious studies teacher who had a sex with a pupil should be reviewed.’
BBC News, 14th January 2015
Source: www.bbc.co.uk
Victims of contaminated NHS blood launch legal case – BBC News
‘Three men who contracted hepatitis C from contaminated imported blood have begun a legal case in the UK to challenge the compensation scheme.’
BBC News, 15th January 2015
Source: www.bbc.co.uk
New three-parent baby law ‘is flawed and open to challenge’, says senior lawyer – The Independent
‘The Government’s attempt to legalise so-called “three parent” babies is open to challenge by judicial review because of serious flaws in the proposed legislation, a senior lawyer has warned.’
The Independent, 14th January 2015
Source: www.independent.co.uk
Ian Watkins’ ex-lover found not guilty over child abuse images – The Guardian
‘A woman who repeatedly warned police about the paedophile activities of the disgraced rock star Ian Watkins, but was herself prosecuted after trying to entrap him, claimed children could have been saved from abuse if she had been believed.’
The Guardian, 14th January 2015
Source: www.guardian.co.uk
Plans to restrict judicial review face further concessions – The Guardian
‘Justice secretary backs down to avoid third Lords defeat over bill which would make it harder to challenge government decisions.’
The Guardian, 13th January 2015
Source: www.guardian.co.uk
