BAILII: Recent Decisions

Posted September 20th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Revenue and Customs v Professional Game Match Officials Ltd [2021] EWCA Civ 1370 (17 September 2021)

Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 (17 September 2021)

High Court (Administrative Court)

King, R (On the Application Of) v The Secretary of State for Education [2021] EWHC 2509 (Admin) (17 September 2021)

Dove v HM Assistant Coroner for Teesside And Hartlepool & Anor [2021] EWHC 2511 (Admin) (17 September 2021)

CHF and CHM (Children), R (On the Application Of) v Newick Ce Primary School & Anor [2021] EWHC 2513 (Admin) (17 September 2021)

Richards, R (On the Application Of) v The Environment Agency [2021] EWHC 2501 (Admin) (16 September 2021)

High Court (Chancery Division)

Motion Picture Capital Ltd [2021] EWHC 2504 (Ch) (17 September 2021)

High Court (Family Division)

Will of His Late Royal Highness the Prince Philip, Duke of Edinburgh, Re The [2021] EWHC 77 (Fam) (16 September 2021)

Great Ormond Street Hospital for Children NHS Foundation Trust v A & Ors [2021] EWHC 2517 (Fam) (15 September 2021)

High Court (Queen’s Bench Division)

Elgamal v Westminster City Council [2021] EWHC 2510 (QB) (15 September 2021)

Source: www.bailii.org

Noisy neighbours spark 67% rise in police complaints – The Guardian

Posted September 20th, 2021 in budgets, complaints, coronavirus, local government, news, noise, police, statistics by sally

‘Police forces across England faced a sharp increase in complaints about noisy neighbours during last year’s lockdown, with claims that years of cuts have left councils struggling to deal with antisocial behaviour.’

Full Story

The Guardian, 19th September 2021

Source: www.theguardian.com

BBC sued for set builder’s death in claim over asbestos – The Guardian

Posted September 20th, 2021 in asbestos, BBC, bereavement, cancer, damages, families, health & safety, industrial injuries, news by sally

‘The BBC is being sued over the death of a set builder who contracted asbestos-related cancer while working on high-profile dramas including Doctor Who. Richard Evans’s widow, Valerie, is seeking damages from the corporation after it admitted in the high court that it had exposed him to asbestos during his 23 years making and painting sets.’

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The Guardian, 19th September 2021

Source: www.theguardian.com

Firms urged to protect workers from abuse in ‘wild west’ UK gig economy – The Independent

Posted September 20th, 2021 in employment, harassment, news, remuneration, sick leave, trade unions by sally

‘Gig economy firms are facing calls to better protect their workers, as an MP and a trade union warn of a wave of harassment and physical and emotional abuse facing couriers and taxi drivers.’

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The Independent, 19th September 2021

Source: www.theguardian.com

Ministry of Justice overhaul as prison population predicted to hit nearly 100,000 – Daily Telegraph

Posted September 20th, 2021 in coronavirus, Ministry of Justice, news, police, prisons, sentencing, statistics by sally

‘The Ministry of Justice (MoJ) is being overhauled in anticipation of a “bow wave” of more than 20,000 extra jailed criminals who will push the prison population to a post-war high of nearly 100,000 by 2026.’

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Daily Telegraph, 19th September 2021

Source: www.telegraph.co.uk

‘My whole world was falling apart’: Father of teenager prosecuted for neo-Nazi terror offences speaks of shock – The Independent

Posted September 20th, 2021 in children, families, news, rehabilitation, terrorism, young offenders by sally

‘Steve* and his 16-year-old son Tom* were about to fly out of the UK to a family funeral when they heard their names being read out over the public address system at Bristol Airport. They had arrived early to have some food and leave plenty of time before their flight, just two days after receiving news of a loved one’s death. “They just said, ‘Would you please go to gate number one’, which wasn’t our gate,” Steve tells The Independent. “We went there and there were police officers, and they explained they were doing a Schedule 7 port stop under the Terrorism Act.” The power is used at UK borders to stop people entering or leaving the country, and “determine whether they are involved in the commission, preparation or instigation of acts of terrorism”.’

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The Independent, 19th September 2021

Source: www.independent.co.uk

Asylum seeker given £100,000 hospital bill after suffering stroke – The Guardian

Posted September 20th, 2021 in asylum, fees, government departments, hospitals, immigration, medical treatment, news by sally

‘Simba Mujakachi, a personal trainer, was just 29 years old in June 2019 when he suffered a catastrophic stroke that left him comatose. When he awoke, he was paralysed on his left side and unable to talk or eat. His stroke could have been prevented by relatively inexpensive medication for a blood clotting condition that, as a refused asylum seeker, he was not entitled to on the NHS.’

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The Guardian, 18th September 2021

Source: www.theguardian.com

David Gomoh murder: Gang members jailed for NHS worker stabbing – BBC News

Posted September 17th, 2021 in gangs, imprisonment, murder, news, sentencing by sally

‘Four gang members have received life sentences for the murder of a “charismatic and intelligent” NHS worker who died in front of his family.’

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BBC News, 17th September 2021

Source: www.bbc.co.uk

Ruling limiting under-16s puberty blockers overturned – BBC News

Posted September 17th, 2021 in children, consent, gender, medical treatment, news, transgender persons by sally

‘Doctors can judge if under-16s can give informed consent to puberty blocker use, the Court of Appeal has ruled.’

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BBC News, 17th September 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 17th, 2021 in legislation by sally

SI 2021/1047 – The Pensions Regulator (Employer Resources Test) Regulations 2021

Source: www.legislation.gov.uk

Claimant wins Upper Tribunal appeal over tenancy agreement and housing benefit – Local Government Lawyer

Posted September 17th, 2021 in appeals, benefits, housing, landlord & tenant, local government, news by sally

‘The London Borough of Sutton has lost a case in the Upper Tribunal over whether a tenancy arrangement was a sham to increase housing benefit.’

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Local Government Lawyer, 16th September 2021

Source: www.localgovernmentlawyer.co.uk

Public procurement update – Local Government Lawyer

Posted September 17th, 2021 in expert witnesses, judicial review, local government, news, public procurement by sally

‘Lynsey Oakdene and Kathryn Vickers consider recent decisions on the role of expedited trials in maintaining automatic suspensions and the admissibility of expert evidence; other notable cases; and the government’s newest judicial review reform proposals.’

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Local Government Lawyer, 17th September 2021

Source: www.localgovernmentlawyer.co.uk

Court rejects Slater and Gordon bid to end costs recovery cases – Law Society’s Gazette

Posted September 17th, 2021 in costs, damages, law firms, news, personal injuries, stay of proceedings by sally

‘Lawyers chasing personal injury firms over the deductions from former clients’ damages have been handed a huge twin boost by the court.’

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Law Society's Gazette, 17th September 2021

Source: www.lawgazette.co.uk

Prince Philip’s will to remain secret for 90 years, high court rules – The Guardian

Posted September 17th, 2021 in constitutional law, news, privacy, royal family, wills by sally

‘The Duke of Edinburgh’s will is to remain secret to protect the “dignity” of the Queen because of her constitutional role, the high court has ruled. Philip – the nation’s longest-serving consort – died aged 99 on 9 April, just two months before he would have turned 100.’

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The Guardian, 17th September 2021

Source: www.theguardian.com

Judge rules Little Mix concert promoter discriminated against group of deaf mothers at 2017 concert – The Independent

‘A judge has ruled that a concert promoter for Little Mix discriminated against a group of deaf mothers in 2017.’

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The Independent, 17th September 2021

Source: www.independent.co.uk

Mother wins court case over Staffordshire landfill site emissions – BBC News

Posted September 17th, 2021 in children, environmental health, government departments, health, news, waste by sally

‘A mother has won a High Court battle over the regulation of a landfill site accused of emitting noxious gases that risk shortening her son’s life.’

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BBC News, 16th September 2021

Source: www.bbc.co.uk

Case backlog for EU citizens to settle in UK ‘may be cleared by Christmas’ – The Guardian

Posted September 17th, 2021 in brexit, delay, government departments, immigration, news, statistics, visas by sally

‘New government figures suggest the backlog of applications by EU citizens and their families received by the Home Office for the post-Brexit settlement scheme could be cleared by Christmas.’

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The Guardian, 16th September 2021

Source: www.theguardian.com

Violence against women and girls should be treated with same priority as terrorism, says watchdog – The Independent

‘“Radical” change is needed to stop an epidemic of violence against women and girls in Britain, a watchdog has found.
An inspection sparked by the killing of Sarah Everard, who was kidnapped, raped and murdered by a serving police officer, said police must prioritise protecting women as highly as counter-terrorism.’

Full Story

The Independent, 17th September 2021

Source: www.independent.co.uk

Police watchdog probes case of Black man, 70, left in hospital after being stopped for faulty brake light – The Independent

Posted September 17th, 2021 in assault, news, ombudsmen, police, professional conduct, racism by sally

‘An incident in which an elderly Black man needed hospital treatment for serious facial injuries after being stopped by officers over a faulty brake light has been referred to the police watchdog.’

Full Story

The Independent, 17th September 2021

Source: www.independent.co.uk