BAILII: Recent Decisions

Posted June 15th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Morris v Metrolink RATP DEV Ltd [2018] EWCA Civ 1358 (14 June 2018)

Kelly v Pyres [2018] EWCA Civ 1368 (14 June 2018)

Nesiama & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 1369 (14 June 2018)

High Court (Administrative Court)

TP and AR, R (On the Application Of) v Secretary of State for Work And Pensions [2018] EWHC 1474 (Admin) (14 June 2018)

Giese v The Government of the United States of America [2018] EWHC 1480 (Admin) (14 June 2018)

High Court (Chancery Division)

London Borough of Hounslow v Devere & Ors [2018] EWHC 1447 (Ch) (14 June 2018)

Liberty Mutual Insurance Europe Plc, Re [2018] EWHC 1445 (Ch) (12 June 2018)

High Court (Family Division)

MK v RP (Hague Child Abduction Convention) [2018] EWHC 1475 (Fam) (12 June 2018)

Source: www.bailii.org

Finance and Divorce Update, June 2018 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the news and case law relating to financial remedies and divorce during May 2018.’

Full Story

Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Varying your child maintenance: it can pay dividends! – Family Law Week

Posted June 15th, 2018 in children, costs, family courts, financial provision, legal aid, news by tracey

‘Using a fictitious scenario Gwyn Evans, barrister, Tanfield Chambers highlights legal and practical issues relating to child maintenance.’

Full Story

Family Law Week, 14th June 2018

Source: www.familylawweek.co.uk

Child abuse victims named in police bulk email error – The Guardian

Posted June 15th, 2018 in child abuse, data protection, electronic mail, fines, news, police by tracey

‘A police force has been fined and heavily criticised for sending out a bulk email that identified victims of historical child abuse. The Information Commissioner’s Office (ICO) said the error by Gloucestershire police was likely to have caused “substantial distress” to alleged abuse victims, some of whom were legally entitled to lifelong anonymity.’

Full Story

The Guardian, 14th June 2018

Source: www.theguardian.com

Student jailed for life after stabbing autistic teenager to death over WhatsApp argument – The Independent

Posted June 15th, 2018 in murder, news, sentencing by tracey

‘A student who stabbed an autistic teenager to death after an online row over who was more “gay” has been jailed for life as new statistics show knife crime is at a six-year high.’

Full Story

The Independent, 14th June 2018

Source: www.independent.co.uk

Government’s universal credit roll-out is unlawfully discriminating against disabled people, High Court rules – The Independent

Posted June 15th, 2018 in benefits, disability discrimination, news by tracey

‘In a landmark judgment, the court ruled that the Department for Work and Pensions (DWP) unlawfully discriminated against two severely disabled men who both saw their benefits dramatically reduced when they claimed universal credit.’

Full Story

The Independent, 14th June 2018

Source: www.independent.co.uk

Former Watford chairman banned for life from English football over forged bank letter – Daily Telegraph

Posted June 15th, 2018 in disciplinary procedures, fines, forgery, news, sport by tracey

‘A former chairman of Watford has been banned for life from the English game after admitting supplying falsified financial information to the football authorities.’

Full Story

Daily Telegraph, 14th June 2015

Source: www.telegraph.co.uk

Woman who wrote antisemitic songs calling Holocaust gas chambers ‘a proven hoax’ spared jail – The Independent

Posted June 15th, 2018 in freedom of expression, internet, news, racism, sentencing by tracey

‘A woman who wrote antisemitic songs mocking the Holocaust and calling gas chambers a “proven hoax” has been spared jail.’

Full Story

The Independent, 14th June 2018

Source: www.independent.co.uk

Police and service dogs and horses receive protection by law – The Guardian

Posted June 15th, 2018 in bills, dogs, horses, news, police, prisons by tracey

‘A bill making it a specific offence to attack police or prison officer dogs or police horses is set to become law after the government decided to back the measure, closing what campaigners said was a loophole in existing legislation.’

Full Story

The Guardian, 15th June 2018

Source: www.theguardian.com

Boris Becker claims diplomatic immunity to avoid bankruptcy – The Independent

Posted June 15th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘Former world tennis number one Boris Becker has claimed diplomatic immunity from bankruptcy proceedings – citing his role as a sports attache to the Central African Republic.’

Full Story

The Independent, 15th June 2018

Source: www.independent.co.uk

Police face legal challenge over ‘authoritarian’ facial recognition technology – Daily Telegraph

Posted June 15th, 2018 in facial mapping, news, photography, police by tracey

‘The Metropolitan Police is facing a legal challenge over its use of facial recognition technology to spot potential suspects in crowds. Civil liberties group Big Brother Watch on Thursday launched what it described as a landmark legal challenge, with the backing of Baroness Jenny Jones.’

Full Story

Daily Telegraph, 14th June 2018

Source: www.telegraph.co.uk

Kyle Yule: Five teenagers jailed for knife attack murder – BBC News

Posted June 15th, 2018 in murder, news, offensive weapons, sentencing, young offenders by tracey

‘Five teenagers who murdered a 17-year-old found dying in a friend’s front garden have been jailed.’

Full Story

BBC News, 14th June 2018

Source: www.bbc.co.uk

Government acts to make ‘upskirting’ a specific offence – Ministry of Justice

‘‘Upskirting’ is set to become a specific criminal offence, with perpetrators facing up to two years behind bars, under a new law backed by Government.’

Full press release

Ministry of Justice, 15th June 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Boycotts – Local Government Law

Posted June 14th, 2018 in appeals, local government, news, pensions by tracey

‘In R (Palestine Solidarity Campaign Ltd) v SoS for CLG (2018) EWCA Civ 1284 the Court of Appeal allowed the SoS’s appeal against a declaration at (2017) EWHC 1502 (Admin) that part of his statutory Guidance relating to the Investment Strategy of local authorities administering local government pension schemes was unlawful.’

Full Story

Local Government Law, 7th June 2018

Source: local-government-law.11kbw.com

Late review decisions and homeless appeals – Nearly Legal

Posted June 14th, 2018 in appeals, costs, homelessness, housing, local government, news by tracey

‘Muloko v Newham LBC, County Court at Central London 6 April 2018. This is from a note of the judgment in June 2018 Legal Action – Housing: Recent Developments. I usually wait a month or two on reporting cases from Legal Action, but I report it now as it has some considerable importance, at least in London, for decisions on what to do about late s.202 reviews.’

Full Story

Nearly Legal, 13th June 2018

Source: nearlylegal.co.uk

Website blocking order costs not for ISPs to meet, rules UK court – OUT-LAW.com

Posted June 14th, 2018 in appeals, costs, intellectual property, internet, news, Supreme Court by tracey

‘Internet service providers (ISPs) will not generally be responsible for picking up the costs of implementing court orders to block customers’ access to websites that infringe intellectual property (IP) rights, according to the UK’s highest court.’

Full Story

OUT-LAW.com, 13th June 2018

Source: www.out-law.com

The Avoidance of Doubt(fire): police pensions and subsequent Selected Medical Practitioner determinations – UK Police Law Blog

Posted June 14th, 2018 in industrial injuries, news, pensions, police by tracey

‘The determinations of Selected Medical Practitioners (SMPs) made under the various Police Pensions Regulations and the Police (Injury Benefit) Regulations 2006 are, in many cases, supposed to be final unless or until they are appealed. Subsequent SMPs, Police Medical Appeal Boards and, on occasion, the lawyers acting for both officers and police pension authorities, seem prone to forget this principle. When they do, the High Court always welcomes them with open arms and a consistent eagerness to remind them that careful adherence to the statutory procedures for injury on duty awards is in everyone’s long-term interest. The case of R (Evans) v Chief Constable of Cheshire Constabulary and Police Medical Appeals Board [2018] EWHC 952 (Admin) is the latest case to confirm this principle.’

Full Story

UK Police Law Blog, 13th June 2018

Source: ukpolicelawblog.com

Sentencing Council launches new definitive guideline on breach offences – Sentencing Council

Posted June 14th, 2018 in consultations, crime, sentencing by tracey

‘The Sentencing Council has published a definitive guideline on breach offences. The new guideline, which has been issued following a public consultation, will come into effect on 1 October 2018.’

Full guideline

Sentencing Council, 7th June 2018

Source: http://sentencingcouncil.judiciary.gov.uk

BAILII: Recent Decisions

Posted June 14th, 2018 in law reports by tracey

Supreme Court

Pimlico Plumbers Ltd & Anor v Smith [2018] UKSC 29 (13 June 2018)

Cartier International AG & Ors v British Telecommunications Plc & Anor [2018] UKSC 28 (13 June 2018)

JP Whitter (Water Well Engineers) Ltd v Revenue and Customs [2018] UKSC 31 (13 June 2018)

Project Blue Ltd v Revenue and Customs [2018] UKSC 30 (13 June 2018)

Court of Appeal (Civil Division)

MM (Malawi) & Anor, R (on the application of) v The Secretary of State for the Home Department [2018] EWCA Civ 1365 (12 June 2018)

Court of Appeal (Criminal Division)

Sarker, R v [2018] EWCA Crim 1341 (13 June 2018)

High Court (Commercial Court)

St Vincent European General Partner Ltd v Robinson & Ors [2018] EWHC 1442 (Comm) (13 June 2018)

High Court (Family Division)

MK v RP (Hague Child Abduction Convention) [2018] EWHC 1475 (Fam) (12 June 2018)

Source: www.bailii.org

Trafficked woman harassed when housed by council fails in damages claim – Local Government Lawyer

Posted June 14th, 2018 in damages, harassment, housing, local government, news by tracey

‘A judge has dismissed a claim brought by a woman trafficked into prostitution that a council was responsible for harassment that occurred when she was housed.’

Full Story

Local Government Lawyer, 14th June 2018

Source: www.localgovernmentlawyer.co.uk