BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Thomas, R. v [2020] EWCA Crim 4 (16 January 2020)
Source: www.bailii.org
Lifting the automatic suspension in procurement claims (Alstom v Network Rail) – Henderson Chambers
‘The court provided a closely reasoned judgment granting Network Rail’s application to lift the automatic suspension which arose on issue of a procurement challenge by Alstom pursuant to Regulation 110 of the Utilities Contracts Regulations 2016 (SI 2016/274). The court’s approach and the principles that it employed are likely to be equally applicable to an application to lift the automatic suspension under the Public Contracts Regulations 2015 (SI 2015/102). As the court found that damages would be an adequate remedy for Alstom but not an adequate remedy for Network Rail, Network Rail’s application was granted. Written by Jonathan Lewis, barrister, at Henderson Chambers.’
Henderson Chambers, 9th January 2020
Source: www.hendersonchambers.co.uk
Community order for hacker who stole over 10,000 files from Royal Stoke Hospital – Crown Prosecution Service
‘A former Royal Stoke Hospital employee, who used malicious software to crack the passwords of his co-workers and access over 10,000 confidential hospital files, has been given a 12-month community order.’
Crown Prosecution Service, 16th January 2020
Source: www.cps.gov.uk
Weightmans entitled to fire worker over internet browsing, tribunal rules – Law Society’s Gazette
‘National firm Weightmans acted within the law to sack a long-serving staff member over her internet usage whilst at work, an employment tribunal has found.’
Law Society's Gazette, 17th January 2020
Source: www.lawgazette.co.uk
Teenager who threatened suicide on road prosecuted for third time – The Guardian
‘A teenager with long-term mental health problems has been prosecuted three times in the last nine months after threatening suicide near busy roads.’
The Guardian, 16th January 2020
Source: www.theguardian.com
Uber driver banned after passengers hold ladder out of window – BBC News
‘An Uber driver caught on camera carrying passengers holding a ladder out of the window of his car has had his licence suspended.’
BBC News, 16th January 2020
Source: www.bbc.co.uk
London council’s special needs inquiry caused by ‘systemic failures’ – BBC News
‘At least 5,000 children seeking special educational needs support (Send) are to have their cases reviewed after a London council landed a stinging rebuke from the local government ombudsman. Concerns about “systemic failures” in Richmond’s Send department prompted the watchdog to take the highly unusual step of ordering the full-scale audit.’
BBC News, 17th January 2020
Source: www.bbc.co.uk
British government condemned for offering to repatriate children from Syrian Isis camp but not their mother – The Independent
‘Human rights campaigners have condemned the British government for reportedly agreeing to repatriate children from Syrian camps on the condition they are separated from their mother.’
The Independent, 16th January 2020
Source: www.independent.co.uk
Case of the Cat groomer: Chelsea Flower show winner taken to court by neighbours after she ‘adopted’ their cat – Daily Telegraph
‘A Chelsea Flower Show winner was taken to court by her neighbours after being accused of adopting their pet cat by changing its collar, taking it to the vets and letting it into her house.’
Daily Telegraph, 16th January 2020
Source: www.telegraph.co.uk
Backlash against Sarah’s Law NDAs: Woman who discovered paedophile neighbour taken to court after being accused of telling neighbours – Daily Telegraph
‘Charities have sparked a backlash over the use of NDAs linked to “Sarah’s Law” after a woman who outed her paedophile neighbour was taken to court for revealing his crimes.’
Daily Telegraph, 17th January 2020
Source: www.telegraph.co.uk
Scores of tower blocks with Grenfell-style cladding have no plan in place to remove it, figures show – The Independent
‘Two and a half years on from fatal Kensington blaze, more than 21,000 households still living in flats wrapped in flammable cladding that allowed fire to rapidly spread’
The Independent, 16th January 2020
Source: www.independent.co.uk
Dog walker in Sutton Coldfield faces missing pets prosecution – BBC News
‘A dog walker accused of losing several pets in her care is to be prosecuted for animal welfare offences.’
BBC News, 16th January 2020
Source: www.bbc.co.uk
Human rights court dismisses MI6 informant Wang Yam’s appeal – The Guardian
‘The European court of human rights has dismissed the appeal by the former Chinese dissident and MI6 informant Wang Yam that he had not had a fair trial because his defence evidence was held in secret on grounds of national security.’
The Guardian, 16th January 2020
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Administration of Estates Act 1925 (Fixed Net Sum) Order 2020
The Criminal Procedure (Amendment) Rules 2020
The Individual Savings Account (Amendment) Regulations 2020
The Child Trust Funds (Amendment) Regulations 2020
The Homes and Communities Agency (Transfer of Property etc.) Regulations 2020
Source: www.legislation.gov.uk
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Wheat v Google LLC [2020] EWHC 27 (Ch) (15 January 2020)
Musst Holdings v Astra Asset Management UK & Anor [2020] EWHC 22 (Ch) (15 January 2020)
High Court (Commercial Court)
Trans-Oil International SA v (Savoy Trading LP & Anor [2020] EWHC 57 (Comm) (16 January 2020)
Saab & Anor v Dangate Consulting Ltd & Ors [2020] EWHC 48 (Comm) (15 January 2020)
High Court (Queen’s Bench Division)
Wright v Granath [2020] EWHC 51 (QB) (16 January 2020)
Source: www.bailii.org
High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan- Local Government Lawyer
‘An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.’
Local Government Lawyer, 15th January 2020
Source: www.localgovernmentlawyer.co.uk
Terminating leases for repudiatory breach – Wilberforce Chambers
‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’
Wilberforce Chambers, 8th January 2020
Source: www.wilberforce.co.uk
The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers
‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’
Falcon Chambers, 7th January 2020
Source: www.falcon-chambers.com
