BAILII: Recent Decisions

Posted June 10th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Razzaq v Financial Conduct Authority (FCA) [2014] EWCA Civ 770 (22 May 2014)

H (Children) [2014] EWCA Civ 733 (05 June 2014)

Top Brands & Anor v Sharma [2014] EWCA Civ 761 (23 May 2014)

High Court (Chancery Division)

Harb v HRH Prince Abdul Aziz [2014] EWHC 1807 (Ch) (09 June 2014)

High Court (Family Division)

X (A Child) [2014] EWHC 1871 (Fam) (09 June 2014)

DH v CL & Ors [2014] EWHC 1836 (Fam) (06 June 2014)

High Court (Administrative Court)

St Matthews (West) Ltd & Ors, R (on the application of) v HM Treasury & Anor [2014] EWHC 1848 (Admin) (06 June 2014)


Giri, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1832 (Admin) (09 April 2014)

Family Court Decisions (other Judges)

L (A Child: Rehabilitation to Care of Mother) [2014] EWFC B70 (16 May 2014)

Q v Q [2014] EWFC 7 (21 May 2014)

High Court (Commercial Court)

Standard Bank Plc v EFAD Real Estate Company WLL & Ors [2014] EWHC 1834 (Comm) (06 June 2014)

High Court (Technology and Construction Court)

Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1800 (TCC) (06 June 2014)

Source: www.bailii.org

Orchid View care home scandal review ‘not enough’ – BBC News

Posted June 10th, 2014 in care homes, elderly, inquiries, news, reports by sally

‘A man whose mother died at a scandal-hit care home has said a serious case review has not gone far enough and the private care home sector has failed.’

Full story

BBC News, 9th June 2014

Source: www.bbc.co.uk

Law Commission: lack of government support led us to drop injury fraud project –

Posted June 10th, 2014 in fraud, inquiries, Law Commission, Ministry of Justice, news, personal injuries by sally

‘The Law Commission has said that lack of support from the Ministry of Justice was behind its decision not to include the law on fraud by personal injury victims in its latest reform programme.’


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Litigation Futures, 10th June 2014

Source: www.litigationfutures.com

State immunity does not avail Saudi Prince – UK Human Rights Blog

Posted June 10th, 2014 in financial provision, human rights, international law, married persons, news, royal family, state immunity by sally

‘Rosalind English posted in January 2014 on Jones v. the United Kingdom, in which the Strasbourg Court decided that the inability of four men to bring torture compensation claims against Saudi Arabia in UK courts did not breach Article 6(1) of the Convention (access to court). The Court held that a grant of state immunity reflected generally recognised rules of public international law and so there had been no violation.’


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UK Human Rights Blog, 9th June 2014

Source: www.ukhumanrightsblog.com

Magistrate court fines ‘may rise 300%’ under new plans – BBC News

Posted June 10th, 2014 in fines, magistrates, news, road traffic offences by sally

‘Maximum fines imposed by magistrates are set to rise dramatically under new proposals for England and Wales.’

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BBC News, 10th June 2014

Source: www.bbc.co.uk

Saudi prince has no state immunity from £12 million ‘secret wife’ claim, court rules – Daily Telegraph

Posted June 10th, 2014 in financial provision, married persons, news, royal family, state immunity by sally

‘Decision by London court opens the way for a potentially embarrassing court case involving a British woman who claims she was secretly married to the late king of Saudi Arabia.’

Full story

Daily Telegraph, 9th June 2014

Source: www.telegraph.co.uk

Cyril Smith CPS files ‘must be revealed’ – BBC News

Posted June 10th, 2014 in Crown Prosecution Service, disclosure, documents, freedom of information, news, prosecutions, public interest, tribunals by sally

‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

Man, 35, jailed after stripping half naked in cathedral and punching OAP in ‘divine urge’ – The Independent

Posted June 10th, 2014 in criminal damage, grievous bodily harm, mental health, news, sentencing by sally

‘He said he had the compulsion to “give everything to God,” but the actions of a 35-year-old man who pulled down his trousers before climbing on top of an altar and punching a grandmother in the face certainly didn’t appease the CPS.’

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The Independent, 9th June 2014

Source: www.independent.co.uk

Top family judge adjourns father’s contact case amid legal aid impasse – The Guardian

Posted June 10th, 2014 in adjournment, contact orders, criminal records, human rights, judges, legal aid, litigants in person, news, trials by sally

‘The most senior family judge in England and Wales has asked the justice secretary, Chris Grayling, to explain how a case involving a father’s contact with his son can proceed without legal aid.’

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The Guardian, 9th June 2014

Source: www.guardian.co.uk

Court crisis warning as legal aid cuts trigger surge in parents fighting for child custody without lawyer – Daily Telegraph

Posted June 9th, 2014 in budgets, children, custody, families, family courts, legal aid, legal representation, litigants in person, news, statistics by sally

‘Lawyers warn of ‘huge delays’ in family court cases as number of parents facing prospect of representing themselves jumps 48 per cent’

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Daily Telegraph, 7th June 2014

Source: www.telegraph.co.uk

Art teacher who headbutted pupil was able to keep working despite getting criminal record for attack – The Independent

Posted June 9th, 2014 in assault, criminal records, disciplinary procedures, news, professional conduct, school children, teachers by sally

‘A teacher who violently assaulted a child in the classroom was able to continue working despite being given a criminal record for the attack, The Independent can reveal.’

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The Independent, 8th June 2014

Source: www.independent.co.uk

Drug-dealer passenger gets Euro-damages for car crash – UK Human Rights Blog

Posted June 9th, 2014 in accidents, appeals, compensation, drug offences, EC law, human rights, insurance, joint enterprise, news, personal injuries, uninsured drivers by sally

‘Many readers may be wondering how it comes about that a drug-dealer is entitled to compensation against Her Majesty’s Government in circumstances where he was injured during the course of a criminal joint enterprise. The understandable reaction might be: there must be some rule of public policy, reflecting public revulsion, which bars such a claim. The short answer is that there is not.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

No separate licence needed for internet browsing – Public Relations Consultants v Newspaper Licensing Agency – Technology Law Update

Posted June 9th, 2014 in appeals, copyright, EC law, internet, licensing, news, Supreme Court by sally

‘Copyright law struggles to keep up with developing technology. In February’s Svensson decision the European court said that using hyperlinks to access material already freely available on the internet did not infringe.’

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Technology Law Update, 9th June 2014

Source: www.technology-law-blog.co.uk

Supreme Court to rule on status of Sikh ‘saint’ – The Independent

Posted June 9th, 2014 in appeals, civil justice, dispute resolution, human rights, jurisdiction, news, religious discrimination, Sikhism, Supreme Court by sally

‘Britain’s finest legal minds have been asked to make sense of some of life’s thorniest problems, but few compare to that posed by the followers of Sant Baba Jeet Singh Ji Maharaj – specifically whether he is a Sikh saint, the Third Holy Saint in fact.’

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The Independent, 8th June 2014

Source: www.independent.co.uk

Disabled applicant not entitled under Article 8 to specific care needs – UK Human Rights Blog

Posted June 9th, 2014 in budgets, carers, disabled persons, human rights, judicial review, local government, news, proportionality, public interest, Supreme Court by sally

‘The Strasbourg Court has ruled that local authorities are within their margin of discretion to balance individuals’ personal interests against the more general interest of the competent public authority in carrying out their social responsibility of provision of care to the community at large.’

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UK Human Rights Blog, 7th June 2014

Source: www.ukhumanrightsblog.com

Expert court witnesses ‘ignored clients’ guilt’ – BBC News

Posted June 9th, 2014 in animals, evidence, expert witnesses, news by sally

‘An undercover Panorama investigation has found some paid expert witnesses prepared to provide helpful court reports despite a client’s confession.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

Friend of Lee Rigby’s killer jailed for disseminating pro-terrorism lectures – The Guardian

Posted June 9th, 2014 in inciting religious hatred, internet, news, sentencing, terrorism by sally

‘The “best friend” of Woolwich killer Michael Adebolajo has been jailed at the Old Bailey for encouraging terrorism in lectures he broadcast over the internet.’

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The Guardian, 6th June 2014

Source: www.guardian.co.uk

Formerly known as – NearlyLegal

Posted June 9th, 2014 in appeals, benefits, children, disabled persons, housing, news, tribunals by sally

‘Here is an interesting FTT bedroom tax decision from Runcorn, received via RAISE who are clearly doing good work in supporting such appeals.’

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NearlyLegal, 6th June 2014

Source: www.nearlylegal.co.uk

New laws to stop claims firms giving away tablet PCs – BBC News

Posted June 9th, 2014 in accidents, advertising, compensation, fraud, inducements, insurance, law firms, news, personal injuries by sally

‘Lawyers and claims firms are to be banned from offering incentives such as free tablet computers to encourage people to make insurance claims’

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BBC News, 7th June 2014

Source: www.bbc.co.uk

Government accused of ‘stoking tensions’ against human rights lawyer pursuing British soldiers for alleged war crimes – The Independent

Posted June 9th, 2014 in Afghanistan, harassment, human rights, inquiries, intimidation, Iraq, law firms, malicious communications, news, solicitors by sally

‘The Law Society has demanded action from the Home Secretary, Theresa May, over a string of violent threats dating back a decade against the human rights lawyer who brought cases against British soldiers over alleged brutality in Iraq and Afghanistan.’

Full story

The Independent, 6th June 2014

Source: www.independent.co.uk