BAILII: Recent Decisions

Posted December 10th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Gray v Global Energy Horizons Corporation [2020] EWCA Civ 1668 (09 December 2020)

Court of Appeal (Criminal Division)

Attorney General’s Reference (No 1 of 2020) [2020] EWCA Crim 1665 (10 December 2020)

Dickens v R. [2020] EWCA Crim 1661 (09 December 2020)

Bermingham & Anor v R. [2020] EWCA Crim 1662 (09 December 2020)

High Court (Administrative Court)

Awodola v Association of Chartered Certified Accountants (Costs) [2020] EWHC 3369 (Admin) (08 December 2020)

Colchester, R. (On the Application Of) v Secretary of State for Education [2020] EWHC 3376 (Admin) (08 December 2020)

High Court (Chancery Division)

Manchester Airport & Anor v Radisson Hotel Manchester Ltd & Anor [2020] EWHC 3367 (Ch) (09 December 2020)

Strategic Advantage SPC v ARL O09 Ltd & Ors [2020] EWHC 3350 (Ch) (09 December 2020)

High Court (Commercial Court)

IS Prime Ltd v TF Global Markets (UK) Ltd & Ors [2020] EWHC 3375 (Comm) (09 December 2020)

High Court (Queen’s Bench Division)

Basildon District Council v Anderson & Ors [2020] EWHC 3382 (QB) (09 December 2020)

Source: www.bailii.org

Hate targeted at Gypsy, Traveller and Roma linked to rise in suicides – report – The Guardian

Posted December 10th, 2020 in hate crime, news, reports, suicide, travellers by sally

‘Gypsy, Traveller and Roma communities are experiencing hate incidents on an almost daily basis, while mental health issues and suicide are leading to an “epidemic of needless deaths”, a government-funded report has found.’

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The Guardian, 10th December 2020

Source: www.theguardian.com

Fifth femicide census shows “a serious failing and indicates a lack of will to tackle root causes” of killings of women by men in the UK – Family Law

Posted December 10th, 2020 in homicide, news, reports, statistics, victims, women by sally

‘The Femicide Census has produced its fifth, and most comprehensive, report to date of women killed by men in the UK.’

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Family Law, 9th December 2020

Source: www.familylaw.co.uk

Stalking analysis reveals domestic abuse link – Crown Prosecution Service

Posted December 10th, 2020 in Crown Prosecution Service, domestic violence, news, stalking, statistics by sally

‘Stalking is increasingly being recognised as a form of domestic abuse within the criminal justice system, with CPS analysis finding the majority of offences are committed by ex-partners.’

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Crown Prosecution Service, 4th December 2020

Source: www.cps.gov.uk

Timetable set out for judicial review and Human Rights Act reform – Law Society’s Gazette

Posted December 10th, 2020 in bills, constitutional law, human rights, judicial review, juries, news, parliament by sally

‘The Lord Chancellor has revealed the potential timetable for unveiling anticipated judicial review and human rights reforms.’

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Law Society's Gazette, 9th December 2020

Source: www.lawgazette.co.uk

Children: Private Law Update December 2020 – Family Law Week

Posted December 10th, 2020 in arbitration, children, evidence, legal representation, medical records, news by sally

‘Alex Verdan QC of 4PB analyses some recent important judgments in private children law.’

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Family Law Week, 8th December 2020

Source: www.familylawweek.co.uk

UK youth jail rebuked for keeping new inmates in solitary for two weeks – The Independent

Posted December 10th, 2020 in children, coronavirus, news, prisons, young offenders by sally

‘A children’s prison has been criticised by inspectors after they found that new arrivals as young as 15 were being locked in solitary confinement in their rooms for a fortnight and allowed out for just 30 minutes a day because of concerns about coronavirus.’

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The Independent, 9th December 2020

Source: www.theguardian.com

Vulnerable teen given tent to live in, watchdog report finds – BBC News

Posted December 10th, 2020 in care orders, children, fostering, news, ombudsmen, reports by sally

‘A teenager given a tent to live in, and a child denied the chance to say “goodbye” to his dying mother feature in a report revealing heart-breaking decisions about children in care.’

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BBC News, 10th December 2020

Source: www.bbc.co.uk

Uncle jailed over murder of teenager Louise Smith – The Guardian

Posted December 10th, 2020 in murder, news, sentencing, sexual offences by sally

‘A 30-year-old man who lured a vulnerable teenager to woodland where he murdered her and defiled her body has been jailed for a minimum of 25 years.’

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The Guardian, 9th December 2020

Source: www.theguardian.com

Tate Modern attacker loses appeal against sentence – The Guardian

Posted December 10th, 2020 in appeals, attempted murder, news, sentencing by sally

‘Jonty Bravery, the teenager who threw a six-year-old boy from a viewing platform at the Tate Modern, has had his appeal against his 15-year minimum term for attempted murder dismissed.’

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The Guardian, 9th December 2020

Source: www.theguardian.com

Court finds UK war crimes but will not take action – BBC News

Posted December 10th, 2020 in international courts, Iraq, news, prosecutions, war crimes by sally

‘The International Criminal Court says it will not take action against the UK, despite finding evidence British troops committed war crimes in Iraq.’

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BBC News, 9th December 2020

Source: www.bbc.co.uk

Greater Manchester Police ‘failed to record 80,000 crimes in a year’ – BBC News

Posted December 10th, 2020 in crime, criminal records, news, police, reports by sally

‘England’s second-largest police force failed to record more than 80,000 crimes in a year and closed cases without proper investigation, a watchdog has found.’

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BBC News, 10th December 2020

Source: www.bbc.co.uk

Home Office wrongly charged 69 Albanians with entering Britain illegally – despite fact they did not reach UK – The Independent

Posted December 10th, 2020 in government departments, immigration, mistake, news by sally

‘Home Office officials wrongly charged 69 people with entering the UK illegally when they had not reached the country, it has emerged.’

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The Independent, 9th December 2020

Source: www.independent.co.uk

Law Society: Race inclusion in profession not improving quickly enough – Legal Futures

Posted December 9th, 2020 in diversity, equality, law firms, Law Society, legal profession, news, remuneration, solicitors, statistics by sally

‘Actions to improve race inclusion in the solicitors’ profession are not delivering change quickly enough, Law Society research has found, highlighting a significant ethnicity pay gap.’

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Legal Futures, 9th December 2020

Source: www.legalfutures.co.uk

Emily Jones: woman jailed for life for killing seven-year-old in Bolton – The Guardian

Posted December 9th, 2020 in causing death of children or vulnerable adults, children, homicide, hospital orders, imprisonment, mental health, news, sentencing by sally

‘The woman who killed seven-year-old Emily Jones in a Bolton park on Mother’s Day has been sentenced to life imprisonment with a minimum of eight years.’

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The Guardian, 8th December 2020

Source: www.theguardian.com

Johnny Depp applies to court of appeal over ‘wife beater’ ruling – The Guardian

Posted December 9th, 2020 in appeals, defamation, domestic violence, media, news by sally

‘Johnny Depp has applied directly to the court of appeal in a bid to overturn a high court ruling that he assaulted his ex-wife Amber Heard and put her in fear for her life.’

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The Guardian, 8th December 2020

Source: www.theguardian.com

Louise Smith death: Shane Mays guilty of murdering teenager in woods – BBC News

Posted December 9th, 2020 in children, families, murder, news by sally

‘A man has been found guilty of the “sexually-motivated” murder of a teenager whose body he set on fire.’

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BBC News, 8th December 2020

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 9th, 2020 in legislation by sally

The National Lottery (Amendment) Regulations 2020

The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020

The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 5) Regulations 2020

The Offensive Weapons Act 2019 (Commencement No. 1) (England and Wales) Regulations 2020

Source: www.legislation.gov.uk

It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer

Posted December 9th, 2020 in children, disabled persons, education, families, judicial review, learning difficulties, legal representation, local government, news, regulations, school children by sally

‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’

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Local Government Lawyer, 7th December 2020

Source: www.localgovernmentlawyer.co.uk

Judges told they should consider previous racial bias before sentencing – The Guardian

Posted December 9th, 2020 in bias, codes of practice, criminal justice, firearms, judiciary, news, offensive weapons, race discrimination, racism, sentencing by sally

‘Judges and magistrates are to be given explicit reminders for the first time in sentencing guidelines of the disparity in punishments being imposed by the courts on white, Asian and black offenders.’

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The Guardian, 9th December 2020

Source: www.theguardian.com