BAILII: Recent Decisions

Posted August 10th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

High Court (Family Division)

High Court (Queen’s Bench Division)

High Court (Technology and Construction Court)

Source: www.bailii.org

Newman v Southampton CC: child, mother, journalist – whose rights win out? – Panopticon

Posted August 10th, 2020 in adoption, care orders, chambers articles, children, costs, data protection, disclosure, documents, families, family courts, human rights, local government, media, news, parental responsibility, privacy by sally

‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’

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Panopticon, 7th August 2020

Source: panopticonblog.com

High Court: Counsel’s fee for ex-protocol cases not fixed – Litigation Futures

Posted August 10th, 2020 in barristers, civil procedure rules, costs, fees, news, personal injuries, valuation by sally

‘Counsel’s fees for valuing claims which fall out of the personal injury protocols are not subject to fixed costs, the High Court has ruled.’

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Litigation Futures, 10th August 2020

Source: www.litigationfutures.com

Mark Taylor: ‘Predatory paedophile’ jailed for 14 years – BBC News

Posted August 10th, 2020 in child abuse, children, imprisonment, internet, news, sentencing, sexual grooming, sexual offences by sally

‘A “predatory paedophile” described by police as “every parent’s nightmare” has been jailed.’

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BBC News, 7th August 2020

Source: www.bbc.co.uk

Court of Appeal refuses VW permission to appeal Dieselgate ruling – Litigation Futures

Posted August 10th, 2020 in appeals, climate change, compensation, EC law, environmental protection, fines, news, pollution by sally

‘The Court of Appeal has refused Volkswagen permission to appeal the decision that it tried to cheat clean air regulations.’

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Litigation Futures, 7th August 2020

Source: www.litigationfutures.com

What is a ‘Fit and Proper Person’? – 25 Bedford Row

Posted August 10th, 2020 in chambers articles, company directors, news, sport by sally

‘In this article, Simon Pentol QC examines the flaws in the process that scrutinises the suitability of football club owners and proposes a 10-point plan of revisions.’

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25 Bedford Row, 6th August 2020

Source: www.25bedfordrow.com

Police racism inquiries in the UK: Do they change how things work? – BBC News

Posted August 10th, 2020 in equality, inquiries, news, ombudsmen, police, race discrimination, racism, statistics, stop and search by sally

‘Do the police racially discriminate against people from black, Asian and minority ethnic (BAME) communities?’

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BBC News, 10th August 2020

Source: www.bbc.co.uk

Can a Tribunal use the “but for” test to decide whether a claimant was treated unfavourably because of something arising in consequence of their disability? – 3PB

Posted August 10th, 2020 in appeals, chambers articles, disability discrimination, disabled persons, duty of care, employment, employment tribunals, news by sally

‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’

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3PB, 3rd August 2020

Source: www.3pb.co.uk

Discount for early guilty pleas ‘could be abolished’ – report – Law Society’s Gazette

Posted August 10th, 2020 in criminal justice, guilty pleas, imprisonment, lord chancellor, news, sentencing by sally

‘Automatically discounted prison sentences for criminals who plead guilty at the earliest opportunity may be abolished in a bid to secure public confidence, it has been reported today.’

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Law Society's Gazette, 7th August 2020

Source: www.lawgazette.co.uk

Where to now? End of eviction ban leaves tenants fearing for future – The Guardian

Posted August 10th, 2020 in coronavirus, debts, government departments, homelessness, housing, landlord & tenant, news, rent, repossession by sally

‘Soon landlords will be able to take action against renters again, which many fear could lead to a rise in homelessness.’

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The Guardian, 9th August 2020

Source: www.theguardian.com

Eric Joyce: Ex-Labour MP sentenced for child sex offence – BBC News

Posted August 10th, 2020 in child abuse, community service, indecent photographs of children, news, sentencing, sexual offences, suspended sentences by sally

‘A former Labour MP and ex-Army officer who admitted making an indecent image of a child has been sentenced.’

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BBC News, 7th August 2020

Source: www.bbc.co.uk

UK plan to use navy to stop migrant crossings is unlawful, lawyers warn – The Guardian

Posted August 10th, 2020 in armed forces, France, government departments, immigration, inquiries, international law, news, ships, statistics by sally

‘Priti Patel’s plans to use the navy to tackle the growing number of migrants crossing the Channel from northern France would be unlawful and dangerous, lawyers have warned.’

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The Guardian, 7th August 2020

Source: www.theguardian.com

City giant self-reports to SRA after trial streamed live on Zoom – Law Society’s Gazette

Posted August 7th, 2020 in contempt of court, disciplinary procedures, internet, judges, law firms, news, remote hearings, Solicitors Regulation Authority, trials, video recordings, witnesses by sally

‘A City firm which disobeyed a court order and allowed a libel trial to be live streamed to clients abroad has reported itself to the regulator.’

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Law Society's Gazette, 7th August 2020

Source: www.lawgazette.co.uk

Government announces independent review of judicial review – Law Society’s Gazette

Posted August 7th, 2020 in government departments, human rights, judicial review, news, parliament by sally

‘On 31 July 2020 the Government launched an independent review to examine whether there is a need to reform the judicial review process in the UK. The terms of reference of the review are available here. The review follows pledges in the Conservative manifesto to ensure judicial review is “not abused to conduct politics by another means or to create endless delays”. The terms of reference make it clear that the review aims to consider whether judicial review has encroached too far into the work of the executive branch of government.’

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Law Society's Gazette, 6th August 2020

Source: www.lawgazette.co.uk

Belly Mujinga: no charges after CPS review of rail worker’s Covid-19 death – The Guardian

Posted August 7th, 2020 in assault, coronavirus, Crown Prosecution Service, homicide, news, prosecutions, public order by sally

‘No charges will be brought over the death of Belly Mujinga, the railway worker who died of Covid-19 after allegedly being spat on while at work, prosecutors have decided after reviewing the evidence.’

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The Guardian, 6th August 2020

Source: www.theguardian.com

Jail for builder Rob Hayel who ‘left homes at risk of collapse’ – BBC News

Posted August 7th, 2020 in building law, construction industry, fraud, imprisonment, news, sentencing by sally

‘An “immoral” builder who left homes at risk of “catastrophic structural collapse” has been jailed.’

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BBC News, 6th August 2020

Source: www.bbc.co.uk

Watchdog exposes ‘unacceptable’ treatment of children in English court cells – The Guardian

Posted August 7th, 2020 in autism, children, courts, detention, disabled persons, news, ombudsmen, standards, women, young offenders by sally

‘Children with Down’s syndrome and autism were among those left for hours in court cells while they waited for legal representation or transport, a custody watchdog has revealed in a damning report.’

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The Guardian, 7th August 2020

Source: www.theguardian.com

Top judge slates firm over trial live-stream breach – Legal Futures

Posted August 7th, 2020 in contempt of court, disciplinary procedures, internet, judges, law firms, news, remote hearings, Solicitors Regulation Authority, trials, video recordings, witnesses by sally

‘The president of the Queen’s Bench Division has strongly criticised lawyers in the London office of US firm McDermott Will & Emery (MWE) after they allowed a trial to be live-streamed to observers outside the UK without the court’s permission.’

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Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk

Windrush Lawyers: ‘The Government Is Placing Boulders In The Way Of Justice’ – Each Other

Posted August 7th, 2020 in citizenship, colonies, delay, deportation, documents, government departments, immigration, news, victims by sally

‘It has been more than a year since the government launched its scheme to compensate victims of the Windrush scandal, and at least five applicants have died before receiving a penny. EachOther speaks to Windrush lawyers about the “boulders” being placed in the way of justice and what needs to be done.’

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Each Other, 6th August 2020

Source: eachother.org.uk

Partner fired for ‘topping up’ fees overturns tribunal ruling – Legal Futures

Posted August 7th, 2020 in appeals, codes of practice, disciplinary procedures, employment, employment tribunals, fees, gifts, law firms, Law Society, legal aid, news, professional conduct, solicitors, unfair dismissal by sally

‘The Employment Appeal Tribunal has overturned a ruling that a law firm was entitled to fire a partner who was accused of “topping up” legal aid fees with cash from a client’s father.’

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Legal Futures, 7th August 2020

Source: www.legalfutures.co.uk