BAILII: Recent Decisions
Court of Appeal (Civil Division)
YM (Uganda) v Secretary of State for the Home Department [2014] EWCA Civ 1292 (10 October 2014)
High Court (Queen’s Bench Division)
N v Secretary of State for the Home Department [2014] EWHC 3304 (QB) (10 October 2014)
Burrows v Northumbrian Water Ltd [2014] EWHC 3305 (QB) (10 October 2014)
High Court (Chancery Division)
Crestsign Ltd v National Westminster Bank Plc & Anor [2014] EWHC 3043 (Ch) (26 September 2014)
High Court (Family Division)
King’s College Hospital NHS Foundation Trust v T & Ors [2014] EWHC 3315 (Fam) (30 September 2014)
CH v The London Borough of Merton [2014] EWHC 3311 (Fam) (09 October 2014)
High Court (Administrative Court)
Mundy v Crown Prosecution Service [2014] EWHC 819 (Admin) (10 October 2014)
High Court (Technology and Construction Court)
Peterborough City Council v Enterprise Managed Services Ltd [2014] EWHC 3193 (TCC) (10 October 2014)
High Court (Commercial Court)
U&M Mining Zambia Ltd v Konkola Copper Mines Plc [2014] EWHC 3250 (Comm) (10 October 2014)
Sabbagh v Khoury & Ors [2014] EWHC 3233 (Comm) (10 October 2014)
Standard Bank Plc & Anor v Just Group LLC & Ors [2014] EWHC 2687 (Comm) (10 October 2014)
Source: www.bailii.org
The Supreme Court and the Rule of Law – Speech by Lord Neuberger
The Supreme Court and the Rule of Law (PDF)
Lord Neuberger
The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014
Source: www.supremecourt.uk
Drunken hovercraft pilot Richard Pease jailed – BBC News
‘A hovercraft pilot who transported passengers across the Solent while nearly three times the legal alcohol limit has been jailed for eight months.’
Full story
BBC News, 10th October 2014
Source: www.bbc.co.uk
No murder trial for mother who suffocated disabled children – The Guardian
‘A mother who admitted suffocating her three disabled children before trying to kill herself will not face trial for murder, a court has heard.’
The Guardian, 13th October 2014
Source: www.guardian.co.uk
Geoffrey Robertson QC criticises arrests over alleged sex crimes – BBC News
‘Police are arresting suspects of alleged historical sex crimes without sufficient evidence and keeping them on bail too long, a barrister has said.’
BBC News, 11th October 2014
Source: www.bbc.co.uk
Consultation process not unfair after all, says Court of Appeal – UK Human Rights Blog
‘Deciding whether a given consultation process conducted prior to some administrative decision was or was not sufficiently unfair to warrant challenge is not an easy task. Three connected problems commonly arise:
(1) did the public body provide adequate information to enable properly informed consultation
(2) was the consultation at a formative stage of the decision-making process, so it was a real rather than sham process?
(3) did the consultation encompass sufficient alternatives?’
UK Human Rights Blog, 12th October 2014
Source: www.ukhumanrightsblog.com
Challenge on inquests legal aid – Law Society’s Gazette
‘The High Court has given permission for a judicial review of the government’s policy on legal aid funding for inquests. Mrs Justice Andrews (pictured) last week allowed the challenge against the lord chancellor’s guidance on inquest funding.’
Law Society’s Gazette, 13th October 2014
Source: www.lawgazette.co.uk
The need to reform whistleblowing laws – OUP Blog
‘“Why didn’t anyone in the know say something about it?” That’s the natural reaction of the public when some shocking new scandal – financial wrongdoing, patient neglect, child abuse – comes to light. The question highlights the role of the whistleblower. He or she can play a vital role in ensuring that something is done about activity which is illegal or dangerous. But the price which the whistleblower pays may be high – ostracism by colleagues, victimisation by the employer, dismissal, informal blacklisting by other employers who fear taking on a “troublemaker”.’
OUP Blog, 11th October 2014
Source: www.blog.oup.com
Connor Gibson jailed for killing toddler Kacey Hambleton – BBC News
‘A man has been jailed for nine years for killing his partner’s two-year-old daughter.’
BBC News, 10th October 2014
Source: www.bbc.co.uk
Adjudication ordered in £1.3m dispute between council and solar energy business – Local Government Lawyer
‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’
Local Government Lawyer, 13th October 2014
Source: www.localgovernmentlawyer.co.uk
Commission criticised for withholding information on UK internet surveillance – OUT-LAW.com
‘The European Commission must publish documents containing information about the UK’s communications surveillance operations or “properly justify” its reasons not to do so, an EU watchdog has said.’
OUT-LAW.com, 10th October 2014
Source: www.out-law.com
Adoption and access to family history – Law Society’s Gazette
‘Life is a mysterious journey, often attended with hazards matching those in The Lord of the Rings. However, as TV programmes such as Who Do You Think You Are? illustrate, we all have a deep need to understand our place in the world and how we came to inhabit our own ‘mortal coil’. This can be particularly poignant for adopted people and their successors.’
Law Society’s Gazette, 13th October 2014
Source: www.lawgazette.co.uk
Fathers 4 Justice couple lose injunction claim – The Independent
‘The couple behind the pressure group Fathers4Justice who claimed a former lobbyist was harassing them have had an application for an injunction against him dismissed due to “a total absence of evidence”.’
The Independent, 10th October 2014
Source: www.independent.co.uk
Ripa: Curbs on police hacking journalist phones to find story sources – Daily Telegraph
‘Police will be banned from accessing reporter phone logs under the powers of Ripa unless they can show it is for serious crime.’
Daily Telegraph, 12th October 2014
Source: www.telegraph.co.uk
Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent
‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’
The Independent, 12th October 2014
Source: www.independent.co.uk
Patchy dementia care puts patients at risk of unnecessary suffering, says CQC – The Guardian
‘Nine out of 10 care homes and hospitals in England have aspects of care for people with dementia that are variable or poor, making those with the condition likely to receive substandard treatment at some point, according to an important review by the NHS regulator.’
The Guardian, 13th October 2014
Source: www.guardian.co.uk
Recent Statutory Instruments – legislation.gov.uk
The International Criminal Court Act 2001 (Jersey) Order 2014
The Local Government (Transparency Requirements) (England) Regulations 2014
The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2014
The Social Fund Cold Weather Payments (General) Amendment Regulations 2014
Source: www.legislation.gov.uk