BAILII: Recent Decisions

Posted June 21st, 2018 in law reports by tracey

Court of Appeal (Civil Division)

National Bank of Kazakhstan & Anor v The Bank of New York Mellon Sa/nv, London Branch [2018] EWCA Civ 1390 (19 June 2018)

TDT, R (On the Application Of) v The Secretary of State for the Home Department (Rev 1) [2018] EWCA Civ 1395 (19 June 2018)

First Tower Trustees Ltd & Anor v CDS (Superstores International) Ltd [2018] EWCA Civ 1396 (19 June 2018)

Jushi Group Co Ltd v OCV Intellectual Capital LLC [2018] EWCA Civ 1416 (19 June 2018)

Malone v Birmingham Community NHS Trust [2018] EWCA Civ 1376 (19 June 2018)

Lithuanian Beer Ltd v Revenue And Customs [2018] EWCA Civ 1406 (19 June 2018)

High Court (Administrative Court)

Baraka, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 1549 (Admin) (20 June 2018)

Buckley, R (on the application of) v Bath and North East Somerset Council & Anor [2018] EWHC 1551 (Admin) (20 June 2018)

Business Energy Solutions Ltd & Anor v Crown Court at Preston & Anor [2018] EWHC 1534 (Admin) (19 June 2018)

SNA v Secretary of State for the Home Department [2018] EWHC 1504 (Admin) (19 June 2018)

Cheshire East Council v Secretary of State for Communities And Local Government [2018] EWHC 1524 (Admin) (19 June 2018)

Source: www.bailii.org

Consultation launched on General guideline for offences not covered by specific guidance – Sentencing Council

Posted June 21st, 2018 in consultations, criminal justice, press releases, sentencing by tracey

‘The Sentencing Council has launched a consultation on a General sentencing guideline for use when sentencing offences for which there is no existing guideline.’

Full press release

Sentencing Council, 19th June 2018

Source: www.sentencingcouncil.org.uk

Appeal judges uphold ruling on ministerial failure to take into account earlier decision – Local Government Lawyer

Posted June 21st, 2018 in appeals, ministers' powers and duties, news, planning by tracey

‘The Secretary of State for Communities and Local Government was wrong to decide a planning appeal without referring to a decision he reached shortly before on a similar issue in the same area, the Court of Appeal has said.’

Full Story

Local Government Lawyer, 20th June 2018

Source: www.localgovernmentlawyer.co.uk

Home Office launches review into medical use of cannabis – Home Office

Posted June 21st, 2018 in drug offences, licensing, medical treatment, medicines, press releases by tracey

‘The Home Secretary today announced a review into the scheduling of cannabis for medicinal purposes.’

Full press release

Home Office, 19th June 2018

Source: www.gov.uk/home-office

Villiers – a cross border conundrum – Family Law Week

Posted June 21st, 2018 in appeals, divorce, financial provision, jurisdiction, news, Scotland by tracey

‘Lucia Clark, Partner (dual-qualified in English and Scottish family law) and Alex Critchley, Solicitor, both of Morton Fraser LLP consider the implications of the recent Court of Appeal judgment in Villiers v Villiers.’

Full Story

Family Law Week, 18th June 2018

Source: www.familylawweek.co.uk

Teenager sentenced after naming sex abuse victims online – Crown Prosecution Service

‘The sister of a convicted sex offender who posted the names of his victims online has been sentenced.’

Full press release

Crown Prosecution Service, 19th June 2018

Source: www.cps.gov.uk

Speech by Lord Justice Gross: Disclosure – Again – Courts and Tribunals Judiciary

Posted June 21st, 2018 in case management, criminal justice, disclosure, police, speeches by tracey

‘Speech by Lord Justice Gross: Disclosure – Again.’

Full speech

Courts and Tribunals Judiciary, 19th June 2018

Source: www.judiciary.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Foundation for Science and Technology – Courts and Tribunals Judiciary

Posted June 21st, 2018 in computer programs, courts, internet, speeches by tracey

‘Debate on how the adoption of new technology can be accelerated to improve the efficiency of the justice system.’

Full speech

Courts and Tribunals Judiciary, 21st June 2018

Source: www.judiciary.uk

Preston free range egg fraud farmer to pay back £500,000 – BBC News

Posted June 21st, 2018 in agriculture, appeals, fraud, news, penalties, sentencing by tracey

‘A farmer who deliberately mislabelled barn eggs as pricier free range ones must pay back his £500,000 profits.’

Full Story

BBC News, 21st June 2018

Source: www.bbc.co.uk

Jeffrey Barry: Brutal murder ‘could have been avoided’ – BBC News

Posted June 21st, 2018 in mental health, murder, news, racism, reports, social services by tracey

‘The murder of a man by a violent schizophrenia patient “could have been avoided” had a medical tribunal been given complete information on his past, a report has concluded.’

Full Story

BBC News, 21st June 2018

Source: www.bbc.co.uk

Gambling firm 32Red fined £2m for handing VIP status to problem gambler – The Independent

Posted June 21st, 2018 in fines, gambling, news by tracey

‘Online gambling firm 32Red has been handed a £2m fine for failing to protect a problem gambler and granting the customer VIP status. The Gambling Commission identified 22 incidents where the vulnerable customer’s behaviour should have raised red flags, including one where they told 32Red staff that they had spent too much money on gambling.’

Full Story

The Independent, 20th June 2018

Source: www.independent.co.uk

Family’s £15k debt from fight against Section 322(5) immigration rule – BBC News

Posted June 21st, 2018 in debts, deportation, immigration, news, passports, taxation by tracey

‘A family say they have been left £15,000 in debt, without passports and unable to register their son as British because of the Home Office’s actions. The Bristol couple are among 1,000 highly-skilled migrants said to be facing deportation because of how the government has applied immigration law. Home Secretary Sajid Javid has ordered a review into use of Section 322(5).’

Full Story

BBC News, 21st June 2018

Source: www.bbc.co.uk

Government introduces new Offensive Weapons Bill to tackle serious violence – Home Office

Posted June 21st, 2018 in bills, crime, internet, offensive weapons, press releases, young persons by tracey

‘The Home Secretary has today (Wednesday 20 June) introduced new legislation to ban the delivery of knives and corrosives bought online to residential addresses.’

Full press release

Home Office, 20th June 2018

Source: www.gov.uk/home-office

Call for upskirting bill to include ‘deepfake’ pornography ban – The Guardian

Posted June 21st, 2018 in bills, harassment, news, photography, pornography, voyeurism by tracey

‘Producing fake pornographic images based on pictures of real people should be made a criminal offence in an amended bill to tackle upskirting, an academic expert has argued.’

Full Story

The Guardian, 21st June 2018

Source: www.theguardian.com

Rashan Charles: Family brand inquest a ‘farce’ after jury finds death was accidental – The Independent

Posted June 21st, 2018 in accidents, death in custody, inquiries, news, police by tracey

‘The family of a young man who died while being restrained by police have branded the inquest a “farce”. Rashan Charles, 20, died in July last year after being chased into a shop in Hackney, east London, where CCTV showed an officer from the Metropolitan Police struggling with him on the floor. The jury found his death was an accident following justified use of force.’

Full Story

The Independent, 20th June 2018

Source: www.independent.co.uk

Gosport hospital deaths: Prescribed painkillers ‘shortened 456 lives’ – BBC News

Posted June 21st, 2018 in doctors, elderly, hospitals, inquiries, news, prosecutions, reports by tracey

‘More than 450 patients died after being given powerful painkillers inappropriately at Gosport War Memorial Hospital, a report has found.’

Full Story

BBC News, 20th June 2018

Source: www.bbc.co.uk

Doctor who left date paralysed in car crash kept his job after he used medical knowledge to try help her walk again – Daily Telegraph

‘A doctor who left his date paralysed in a car crash kept his job after a tribunal heard he used medical knowledge to try and help her walk again.’

Full Story

Daily Telegraph, 20th June 2018

Source: www.telegraph.co.uk

Barry Bennell victims welcome rejection of appeal against jail term – The Guardian

Posted June 21st, 2018 in appeals, child abuse, news, sentencing, sexual offences, sport, victims by tracey

‘Victims of Barry Bennell, the former football coach who was labelled “sheer evil” after subjecting junior footballers from Manchester City and Crewe Alexandra to hundreds of sexual offences, have welcomed the rejection of his appeal against his 30-year prison sentence.’

Full Story

The Guardian, 20th June 2018

Source: www.theguardian.com

Abusive Birmingham husband ‘beat wife and locked her indoors’ – BBC News

‘A husband who regularly beat his wife and kept her locked indoors during their 16-year marriage has been jailed.’

Full Story

BBC News, 19th June 2018

Source: www.bbc.co.uk

Doncaster Christmas Day killer jailed for life – BBC News

Posted June 20th, 2018 in murder, news, sentencing by sally

‘A Christmas Day killer who stabbed her step-grandfather more than 120 times with a steak knife has been jailed for life.’

Full Story

BBC News, 19th June 2018

Source: www.bbc.co.uk