BAILII: Recent Decisions
Court of Appeal (Civil Division)
P (Abduction: Child’s Objections), R v [2020] EWCA Civ 260 (28 February 2020)
M (Children) (Non-Hague Convention State) [2020] EWCA Civ 277 (28 February 2020)
I (Children: Child Assessment Order) [2020] EWCA Civ 281 (28 February 2020)
G (A Child: S.38(6) Assessment) [2020] EWCA Civ 282 (28 February 2020)
Butler v Bankside Commercial Ltd [2020] EWCA Civ 203 (27 February 2020)
Court of Appeal (Criminal Division)
Umo & Anor v R. [2020] EWCA Crim 284 (28 February 2020)
DS, R. v [2020] EWCA Crim 285 (28 February 2020)
High Court (Administrative Court)
National Crime Agency v Hussain & Ors [2020] EWHC 432 (Admin) (28 February 2020)
Diggins v Bar Standards Board [2020] EWHC 467 (Admin) (28 February 2020)
High Court (Chancery Division)
Irish & Anor, Re Presumption of Death Act 2013 [2020] EWHC 456 (Ch) (28 February 2020)
High Court (Commercial Court)
Fairford Water Ski Club Ltd v Cohoon & Ors [2020] EWHC 290 (Comm) (28 February 2020)
Kallakis v AIB Group Plc & Ors [2020] EWHC 460 (Comm) (28 February 2020)
Dowman Imports Ltd v 2 Toobz Ltd (Rev 1) [2020] EWHC 291 (Comm) (28 February 2020)
High Court (Technology and Construction Court)
Ryhurst Ltd v Whittington Health NHS Trust [2020] EWHC 448 (TCC) (28 February 2020)
Source: www.bailii.org
DWP criticised for ‘incredible secrecy’ over deaths of benefit claimants – The Guardian
‘The head of an influential cross-party committee of MPs has criticised the “incredible secrecy” surrounding the government’s handling of the deaths of vulnerable benefit claimants following the case of Errol Graham, a severely ill man who died of starvation after his benefits were cut off.’
The Guardian, 1st March 2020
Source: www.theguardian.com
Client “acted reasonably” in relying on incorrect advice – Legal Futures
‘An employer acted reasonably in relying on legal advice that the restrictive covenants on a new employee were unlikely to be enforceable, even though they proved to be, the Court of Appeal has ruled.’
Legal Futures, 2nd March 2020
Source: www.legalfutures.co.uk
Nottinghamshire driver jailed for killing RAC worker fixing van – BBC News
‘A driver who killed a recovery worker while he was repairing a broken-down vehicle has been jailed for 12 months.’
BBC News, 27th February 2020
Source: www.bbc.co.uk
Harry Dunn lawyers call for High Court to publish US secret immunity papers – The Guardian
‘Lawyers acting for a teenager who died after a collision with a car allegedly driven by an American woman want the High Court to publish a secret document protecting her from prosecution.’
The Guardian, 1st March 2020
Source: www.theguardian.com
Leasehold property buyers ‘misled by developers’ – BBC News
‘An investigation into the leasehold property market has found “worrying evidence” that buyers are being treated unfairly and charged unreasonable fees.’
BBC News, 28th February 2020
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Foy, R. v [2020] EWCA Crim 270 (27 February 2020)
High Court (Administrative Court)
High Court (Commercial Court)
Hall v Saunders Law Ltd & Ors [2020] EWHC 404 (Comm) (27 February 2020)
High Court (Queen’s Bench Division)
ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) (28 February 2020)
Source: www.bailii.org
Hanna Wilberg: A Duty of Consistency? The Missing Distinction Between Its Two Forms – UK Constitutional Law Association
‘In R (Gallaher Group Ltd) v Competition and Markets Authority the Supreme Court ruled that UK domestic law “does not recognise equal treatment as a distinct principle of administrative law. Consistency … is a “generally desirable” objective, but not an absolute rule.” (para 24). It took the view that issues of consistency generally arise as aspects of the irrationality ground (paras 26, 50). This ruling has been seen as putting in doubt the previously established duty to decide consistently with relevant policy guidelines. In this post, I will show that the scope of the ruling does not extend this far.’
UK Constitutional Law Association, 27th February 2020
Source: ukconstitutionallaw.org
Claimant who exited portal by error avoids fixed costs – Litigation Futures
‘A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs, the High Court has ruled.’
Litigation Futures, 27th February 2020
Source: www.litigationfutures.com
77-year-old man jailed for 22 years for online child sexual offences – Crown Prosecution Service
‘A 77-year-old man who watched and paid for the online sexual abuse of young children in the Philippines has been sentenced to 22 years’ imprisonment.’
Crown Prosecution Service, 27th February 2020
Source: www.cps.gov.uk
Tommy Adams ordered to repay £1.24m for dirty cash laundering operation – Crown Prosecution Service
‘Thomas “Tommy” Adams has been ordered to repay £1,243,270.75 for his part in a dirty cash laundering network. Adams ran a money laundering operation with his associates, which was foiled in 2014 when undercover police heard him discussing the illicit activity at a central London café.’
Crown Prosecution Service, 27th February 2020
Source: www.cps.gov.uk
Whiplash reforms delayed as MoJ removes claimants’ safety net – Law Society’s Gazette
‘Justice secretary Robert Buckland QC MP has finally confirmed that the RTA portal for whiplash claims is being delayed.’
Law Society's Gazette, 27th February 2020
Source: www.lawgazette.co.uk
New support plan to improve jails – Ministry of Justice
‘A new intensive support programme will help challenging jails to improve safety and rehabilitation, Prisons Minister Lucy Frazer announced today (28 February 2020).’
Ministry of Justice, 28th February 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
Hammer-wielding trans woman escapes prison after judge hears there was no way to confirm her gender – Daily Telegraph
‘A trans woman who threatened shop staff with a claw hammer escaped prison after a court heard there was no way to confirm her gender.
Daily Telegraph, 27th February 2020
Source: www.telegraph.co.uk
Climate campaigners win Heathrow expansion case – BBC News
‘Controversial plans for a third runway at Heathrow Airport have been thrown into doubt after a court ruling.’
BBC News, 27th February 2020
Source: www.bbc.co.uk
Short shrift for bias and recusal submissions in police misconduct hearings – UK Police Law Blog
‘In R (Short) v (1) Police Misconduct Tribunal (2) Chief Constable of Bedfordshire Police [2020] EWHC 385 (Admin), Mr Justice Saini delivered a resounding reaffirmation that misconduct hearing panels are well able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and that they are able to determine their own procedures, just like civil courts and tribunals.’
UK Police Law Blog, 27th February 2020
Source: ukpolicelawblog.com
I tort I was covered? Management companies procuring maintenance works – a common pitfall – Practical Law Construction Blog
‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’
Practical Law Construction Blog, 26th February 2020
