BAILII: Recent Decisions

Posted March 4th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2020] EWCA Civ 293 (04 March 2020)

Williams, R (On the Application Of) v Caerphilly County Borough Council [2020] EWCA Civ 296 (03 March 2020)

Revenue And Customs v Smith & Nephew Overseas Ltd & Ors [2020] EWCA Civ 299 (03 March 2020)

Kingsley & Ors v Kingsley [2020] EWCA Civ 297 (Ch) (03 March 2020)

Nottinghamshire County Council v SF And GD (Rev 1) [2020] EWCA Civ 226 (03 March 2020)

High Court (Chancery Division)

Addlesee & Ors v Dentons Europe LLP [2020] EWHC 238 (Ch) (03 March 2020)

Deacon v Yaseen [2020] EWHC 465 (Ch) (03 March 2020)

Kea Investments Ltd v Watson & Ors [2020] EWHC 472 (Ch) (02 March 2020)

High Court (Commercial Court)

Dowman Imports Ltd v 2 Toobz Ltd (Rev 1) [2020] EWHC 291 (Comm) (28 February 2020)

High Court (Family Division)

A (A Child) (Inherent Jurisdiction: Parens Patriae, FMPO And Passport Orders) (Rev 2) [2020] EWHC 451 (Fam) (27 February 2020)

A (A child) (Female Genital Mutilation Protection Order Application) [2020] EWHC 323 (Fam) (18 February 2020)

High Court (Queen’s Bench Division)

Alsaifi v Npower Ltd & Ors [2020] EWHC 480 (QB) (03 March 2020)

JKL v VBN [2020] EWHC 458 (QB) (28 February 2020)

Tracey King (As Personal Representative of the Estate of Kevin King, Deceased) v South Tees NHS Hospital Foundation Trust [2020] EWHC 416 (QB) (28 February 2020)

High Court (Technology and Construction Court)

Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 459 (TCC) (02 March 2020)

Source: www.bailii.org

CA declares Heathrow expansion decision unlawful on climate change grounds – UK Human Rights Blog

Posted March 4th, 2020 in airports, appeals, climate change, environmental protection, news, planning by sally

‘Airport expansion has taken a long and winding road, not least at Heathrow. But the proponents of the 3rd runway at Heathrow would have been heartened by the Secretary of State’s decision in June 2018 to set out a policy which preferred Heathrow over Gatwick and which was designed to steer planning processes thereafter in support of the new runway.’

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UK Human Rights Blog, 27th February 2020

Source: ukhumanrightsblog.com

Early advice enthusiast takes on legal aid brief at MoJ – Legal Futures

Posted March 4th, 2020 in barristers, legal aid, Ministry of Justice, news, select committees by sally

‘A criminal law barrister who has called for the restoration of legal aid for early advice has become the new minister at the Ministry of Justice (MoJ) responsible for legal aid.’

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

HS2: Chris Packham launches legal challenge to rail link – BBC News

Posted March 4th, 2020 in budgets, climate change, delay, environmental protection, news, railways by sally

‘TV naturalist Chris Packham has launched a legal challenge to HS2 high-speed rail link.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Judge attacks S&G for “wholly unacceptable” failure – Legal Futures

Posted March 4th, 2020 in death in custody, detention, disclosure, documents, evidence, injunctions, judges, law firms, mental health, news, police, professional conduct, recusal, restraint by sally

A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.

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Legal Futures, 4th March 2020

Source: www.legalfutures.co.uk

Oh! What a tangled web we weave… – Nearly Legal

Posted March 4th, 2020 in company directors, damages, fines, housing, landlord & tenant, licensing, news by sally

‘In the case of Lifestyle Club Ltd, and its director, Gian Paulo Aliatis, that is what eventually happened in August 2019, with a £42,273 penalty in fines and costs (despite their policy of targeting overseas students as potential tenants on the basis that they wouldn’t understand the legal problems – this targeting is standard for all these ‘accommodation club’ companies). Unsurprisingly, Lifestyle Club Ltd opted for voluntary strike off of the Companies House register during the prosecution, in February 2019.’

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Nearly Legal, 3rd March 2020

Source: nearlylegal.co.uk

Top civil servant begins legal case against Priti Patel and Home Office – The Guardian

Posted March 4th, 2020 in bullying, civil servants, constructive dismissal, employment, government departments, inquiries, news, professional conduct by sally

‘Sir Philip Rutnam, the senior civil servant who resigned on Saturday claiming he was bullied and forced from office, has begun legal action against the government over his treatment by Priti Patel, his union has told the Guardian.’

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The Guardian, 3rd February 2020

Source: www.theguardian.com

Report into Welsh council highlights monitoring officer also being its sole qualified childcare lawyer as example of risk of ‘all hands to the pumps’ approach – Local Government Lawyer

Posted March 4th, 2020 in children, legal services, local government, news, solicitors, Wales by sally

‘A rapid assessment carried out by the Improvement and Assurance Board set up at Merthyr Tydfil County Borough Council has highlighted a situation where the authority’s monitoring officer is also its sole qualified childcare lawyer and has additional responsibilities as an example of why it has significant concerns about the ability of the council to deal with ongoing practical issues.’

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Local Government Lawyer, 3rd March 2020

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog

Posted March 4th, 2020 in appeals, deportation, detention, government departments, immigration, judicial review, news, refugees, Supreme Court by sally

‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’

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UKSC Blog, 26th February 2020

Source: ukscblog.com

Unmarried partners still missing bereavement payments – BBC News

Posted March 4th, 2020 in bereavement, child support, children, cohabitation, equality, families, government departments, human rights, marriage, news, Supreme Court by sally

‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’

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BBC News, 3rd March 2020

Source: www.bbc.co.uk

Caroline Flack: authorities to review pursuit of assault case – The Guardian

Posted March 4th, 2020 in assault, Crown Prosecution Service, domestic violence, news, suicide, victims by sally

‘The Crown Prosecution Service (CPS) will review its handling of the assault case against the late Love Island host Caroline Flack.’

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The Guardian, 4th March 2020

Source: www.theguardian.com

MoJ: Three months is enough to prepare for whiplash reforms – Legal Futures

Posted March 3rd, 2020 in accidents, civil procedure rules, dispute resolution, electronic filing, Ministry of Justice, news, personal injuries, road traffic by sally

‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land – Exchange Chambers

Posted March 3rd, 2020 in accidents, appeals, EC law, Motor Insurers’ Bureau, news, personal injuries, Supreme Court by sally

‘On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not necessary to refer the case for any ruling by the Court of Justice of the European Union. As a result, David Knifton QC (who acted for the Claimant) explains, the MIB has exhausted all avenues of appeal, and will have to meet Mr Lewis’s claim for the catastrophic injuries he suffered.’

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Exchange Chambers, 20th February 2020

Source: www.exchangechambers.co.uk

The unprecedented case of a third fact finding hearing – Garden Court Chambers

Posted March 3rd, 2020 in children, evidence, female genital mutilation, news, police, retrials by sally

‘The case concerns the following tragic background. A 10-year-old girl, S was found dead in her bedroom. She died of strangulation and suffered recent injuries to her genital area.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) – Hardwicke Chambers

Posted March 3rd, 2020 in civil procedure rules, costs, county courts, damages, news, personal injuries by sally

‘Practitioners will be familiar with cases where costs are assessed according to the principles applicable in different tracks. In such circumstances, Khan v Aviva is of practical assistance by reaffirming the court’s general discretion to award issue-based costs, despite the presence of more restrictive costs regimes. The case therefore provides a helpful route to resisting adverse costs orders.’

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Hardwicke Chambers, 21st February 2020

Source: hardwicke.co.uk

Woman who posed as man on gay dating app jailed for stalking – The Guardian

Posted March 3rd, 2020 in harassment, internet, malicious communications, news, sentencing, stalking by sally

‘A woman has been jailed for posing as a man on a gay dating app and sharing sexual photos and videos of a man she met online during a “disturbing campaign of harassment”.’

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The Guardian, 2nd March 2020

Source: www.theguardian.com

Anti-slavery tsar calls for councils to take on child trafficking cases – The Guardian

Posted March 3rd, 2020 in children, forced labour, government departments, local government, news, trafficking in human beings by sally

‘The UK’s independent anti-slavery commissioner has called for decision-making on child trafficking cases to be taken away from the Home Office.’

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The Guardian, 2nd March 2020

Source: www.theguardian.com

Solicitor wife compensated on divorce for career loss – Legal Futures

Posted March 3rd, 2020 in divorce, financial provision, maternity leave, news, partnerships, pregnancy, solicitors by sally

‘A solicitor who sacrificed possible partnership at a magic circle law firm to have children has been awarded an extra £400,000 in her divorce settlement with an equity partner at the same firm.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Wymondham murder: Wife jailed for killing husband at family home – BBC News

Posted March 3rd, 2020 in domestic violence, murder, news, sentencing by sally

‘A woman who murdered her husband during a drunken row has been jailed.’

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BBC News, 2nd March 2020

Source: www.bbc.co.uk

‘Gross failures’ contributed to man’s death in immigration centre – The Guardian

Posted March 3rd, 2020 in death in custody, detention, immigration, inquests, news by sally

‘Neglect and a series of gross failures by the Home Office and other agencies contributed to the death of a vulnerable Ghanaian man from hypothermia, dehydration and malnutrition, an inquest jury has found.’

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The Guardian, 2nd March 2020

Source: www.theguardian.com