BAILII: Recent Decisions

Posted October 18th, 2018 in law reports by tracey

Supreme Court

Warner v Scapa Flow Charters (Scotland) [2018] UKSC 52 (17 October 2018)

Court of Appeal (Civil Division)

PML Accounting Ltd, R (On the Application Of) v Revenue And Customs [2018] EWCA Civ 2231 (17 October 2018)

High Court (Chancery Division)

Apple Retail UK Ltd & Ors v Qualcomm (UK) Ltd & Ors [2018] EWHC 2711 (Ch) (16 October 2018)

Quinn v IG Index Ltd [2018] EWHC 2478 (Ch) (12 October 2018)

High Court (Queen’s Bench Division)

Bates v The Post Office No.2 (strike out application) [2018] EWHC 2698 (QB) (17 October 2018)

Source: www.bailii.org

Fracking protesters walk free after court quashes ‘excessive’ sentences – The Guardian

Posted October 18th, 2018 in appeals, demonstrations, environmental protection, news, nuisance, sentencing by sally

‘Three protesters jailed for blocking access to a fracking site have walked free after the court of appeal quashed their sentences, calling them “manifestly excessive”.’

Full Story

The Guardian, 17th October 2018

Source: www.theguardian.com

Duty to care for student mental health has legal implications for universities – OUT-LAW.com

‘Universities have a duty to support students with mental health issues, but there are a series of legal issues that they need to consider which should shape how they do so.’

Full Story

OUT-LAW.com, 17th October 2018

Source: www.out-law.com

Split Court of Appeal rules detention of asylum seekers unlawful — Part 1 – UK Human Rights Blog

Posted October 18th, 2018 in asylum, detention, EC law, news by sally

‘The Court of Appeal has concluded, by a 2-1 majority, that the detention of five asylum seekers pending their removal to another country where they should first have claimed asylum had been unlawful, and that they were entitled to damages. This article (the first of two) will unpick the reasons behind this legally complex appeal.’

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UK Human Rights Blog, 17th October 2018

Source: ukhumanrightsblog.com

Short Cuts – London Review of Books

Posted October 18th, 2018 in appeals, budgets, criminal justice, legal aid, magistrates, news, sentencing by sally

‘If you want to appeal against a guilty verdict given by a crown court jury you first have to seek permission from the Court of Appeal. For permission to be granted, a judge has to be satisfied there is an ‘arguable case’ that the conviction was ‘unsafe’. If so, the appeal is heard in full by a panel of three judges. The latest figures show that in 2016-17 the court received 1305 applications for permission to appeal, and dealt with 850, refusing permission to 695 (82 per cent). It heard 215 appeals, and allowed 78 – 36 per cent of those heard.’

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London Review of Books, 11th October 2018

Source: www.lrb.co.uk

Clients “must be told whether legal advice is AI or human” – Legal Futures

Posted October 18th, 2018 in artificial intelligence, legal services, news by sally

‘As legal advice is increasingly driven by artificial intelligence (AI), a mechanism will have to be introduced to inform clients whether they are being advised by a machine or a human lawyer, a top judge has urged.’

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Legal Futures, 18th October 2018

Source: www.legalfutures.co.uk

No retrial for teacher accused of having sex with pupil on plane – The Guardian

Posted October 18th, 2018 in abuse of position of trust, child abuse, news, retrials, sexual offences, teachers by sally

‘A teacher who was accused of having sex with a 16-year-old pupil in a plane toilet as they returned from a school trip will not face a retrial.’

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The Guardian, 17th October 2018

Source: www.theguardian.com

Criminal barristers attack “counterproductive” QC reforms – Legal Futures

Posted October 18th, 2018 in barristers, diversity, news, queen's counsel by sally

‘Proposed changes to the system for appointing QCs are “too onerous” and “potentially counterproductive in addressing issues of diversity”, the Criminal Bar Association (CBA) has warned.’

Full Story

Legal Futures, 18th October 2018

Source: www.legalfutures.co.uk

Victims of child sexual abuse detail experiences in online anthology – The Guardian

Posted October 18th, 2018 in child abuse, inquiries, news, sexual offences, victims by sally

‘The Independent Inquiry into Child Sexual Abuse has published an unprecedented online anthology of sexual abuse in institutions, with 125 victims detailing the horrors they experienced in schools, sports clubs, churches and other groups.’

Full Story

The Guardian, 16th October 2018

Source: www.theguardian.com

Supreme Court to hear row between TfL and councils over highways – Local Government Lawyer

Posted October 18th, 2018 in local government, London, news, roads, Supreme Court, transport by sally

‘The Supreme Court will next week hear a dispute between two London councils and Transport of London (TfL) over the transfer of highways in the capital.’

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Local Government Lawyer, 18th October 2018

Source: www.localgovernmentlawyer.co.uk

Dating site scam victims lose £2,000 to fraudsters – BBC News

Posted October 18th, 2018 in fraud, internet, news by sally

‘The majority of those tricked in “rom-cons” after meeting people on dating sites lost more than £2,000, research by Barclays suggests.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk

Jailed preacher Anjem Choudary faces strict controls after release – The Guardian

‘Convicted Isis supporter Anjem Choudary will be in effect banned from any public statements after his release from prison this week, as British authorities seek to stop him from inciting support for terrorism.’

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The Guardian, 16th October 2018

Source: www.theguardian.com

Brexit as a revolution – Law Pod UK

Posted October 18th, 2018 in brexit, diplomats, EC law, podcasts by sally

‘Professor Catherine Barnard has this exclusive interview with Sir Ivan Rogers, the former UK Ambassador to the EU, following his speech to Trinity College Cambridge last week. They discuss the themes of this speech which can be found in full on the Trinity College website.’

House of Lords debates religious intolerance and prejudice in the UK – Law & Religion UK

‘On 17 October, the House of Lords debated “the challenges posed by religious intolerance and prejudice in the United Kingdom”.’

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Law & Religion UK, 18th October 2018

Source: www.lawandreligionuk.com

Data gathering ‘may deny rape victims access to justice – The Guardian

Posted October 17th, 2018 in consent, criminal justice, data protection, disclosure, evidence, news, police, privacy, rape, victims by sally

The intrusive gathering of data about possible rape victims is unlawful and risks preventing them coming forward, according to London’s victims’ commissioner.

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The Guardian, 17th October 2018

Source: www.theguardian.com

Reporting restrictions on Bethany’s dad – children’s rights or concealing system failure? – Transparency Project

‘On Saturday, the Times reported: ‘Father beats legal bid to silence him over autistic girl in hospital “cell” ‘ [paywall]. Social affairs editor, Greg Hirst, reported that Jeremy (who is not using his surname publicly) succeeded in contesting an application by Walsall Metropolitan County Borough Council for an injunction to stop his social media campaign that is drawing attention to the plight of his 17-year-old-daughter.’

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Transparency Project, 16th October 2018

Source: www.transparencyproject.org.uk

Hate crime linked to religion doubled in three years – Daily Telegraph

‘Hate crime has surged across the country, new figures have revealed, with those directed at people because of their religious beliefs doubling since 2015.’

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Daily Telegraph, 16th October 2018

Source: www.telegraph.co.uk

Dark web paedophile Matthew Falder’s sentence reduced – BBC News

‘A “sadistic” paedophile who was jailed for 32 years has had his sentence reduced.’

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BBC News, 16th October 2018

Source: www.bbc.co.uk

Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech – UK Constitutional Law Association

‘In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its finding for the baker, the Supreme Court took an important step in developing a domestic doctrine against ‘compelled speech’. While the outcome of the case divides opinion, the reasoning of the Court requires further consideration of when a person has a right not express a particular view.’

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UK Constitutional Law Association, 16th October 2018

Source: ukconstitutionallaw.org

Gender Recognition Act: ‘Why we want identity rules changed’ – BBC News

‘If you want to legally change your gender in the UK, first a doctor has to diagnose you with a medical condition.’

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BBC News, 17th October 2018

Source: www.bbc.co.uk