‘ “Village green” ’ land at risk after ruling by supreme court – The Guardian
‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’
The Guardian, 14th December 2019
Source: www.theguardian.com
Supreme Court to decide if NHS should pay for woman’s surrogacy abroad in historic ruling – The Independent
‘Britain’s highest court will hear the case of a woman who is asking the NHS to pay for her to have surrogates birth her child in the US after the health service’s failure to spot her cervical cancer left her infertile.’
The Independent, 16th December 2019
Source: www.independent.co.uk
ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers
‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’
Becket Chambers, 6th December 2019
Source: becket-chambers.co.uk
A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH
‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’
5SAH, 10th December 2019
Source: www.5sah.co.uk
What happens when a court order in private family law proceedings is breached? – Becket Chambers
‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’
Becket Chambers, 10th December 2019
Source: becket-chambers.co.uk
‘Unwanted’ son wins £125k slice of father’s fortune at High Court, after judge rules he was misled over parent’s favouritism – Daily Telegraph
‘A pensioner who was cut out of his father’s £2.4m will because he was an “unwanted war baby” has won his fight for a slice of the family fortune.’
Daily Telegraph, 12th December 2019
Source: www.telegraph.co.uk
Connor Marsden jailed over Melissa Tate hit-and-run death – BBC News
‘An unlicensed driver who killed a 10-year-old girl in a hit-and-run has been jailed for seven years and four months.’
BBC News, 12th December 2019
Source: www.bbc.co.uk
Disabled woman called ‘lying bitch’ by welfare official awarded £5,000 – The Guardian
‘A disabled woman has been awarded £5,000 in an out-of-court settlement after being called a “lying bitch” by a welfare official in formal legal papers after challenging a decision to cut her disability benefits.’
The Guardian, 12th December 2019
Source: www.theguardian.com
Woman who spent £16m in Harrods says court order is ‘intrusive’ – The Guardian
‘A woman who spent £16m at Harrods has launched a legal challenge to try to overturn the UK’s first unexplained wealth order (UWO) that would force her to reveal the source of her fortune.’
The Guardian, 12th December 2019
Source: www.theguardian.com
Solicitor fined £50,000 for misusing client’s interim payments – Legal Futures
‘A solicitor who spent £46,600 of a disabled client’s interim payments on costs and disbursements instead of on rehabilitation, has been fined £50,000 by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 13th December 2019
Source: www.legalfutures.co.uk
Tribunal savages SRA witnesses as prosecution left in tatters – Legal Futures
‘The Solicitors Disciplinary Tribunal (SDT) has savaged two witnesses who gave evidence on behalf of the Solicitors Regulation Authority (SRA) against a Yorkshire sole practitioner.’
Legal Futures, 12th December 2019
Source: www.legalfutures.co.uk
Judge makes preliminary ruling in Carole Cadwalladr libel case – The Guardian
‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’
The Guardian, 12th December 2019
Source: www.theguardian.com
Islamist fighter’s wife Amaani Noor guilty of £34 terror donation – BBC News
‘A woman who married an Islamist fighter online has been convicted of funding terrorism.’
BBC News, 12th December 2019
Source: www.bbc.co.uk
Man jailed for driving stolen car into police officers in Sussex – The Guardian
‘A man who drove a stolen car into two police officers and a member of the public, causing “catastrophic injuries”, has been jailed for four years and eight months.’
The Guardian, 12th December 2019
Source: www.theguardian.com
Reforms to English civil court witness statements to proceed – OUT-LAW.com
‘”Modest” proposals to standardise witness statements and improve compliance with the rules have been endorsed in principle by the Business and Property Courts (BPC); the specialist courts of the High Court of England and Wales.’
OUT-LAW.com, 12th December 2019
Source: www.pinsentmasons.com
The Construction Act and modular construction projects – Practical Law Construction Blog
‘Since my colleague Eveline Strecker last blogged about modular construction, it has continued to develop in popularity. The more we see of modular, the more it becomes clear that it is a very different beast to “traditional” construction projects, demanding an evolution in procurement routes and contract content.’
Practical Law Construction Blog, 11th December 2019
Faculty Jurisdiction – further amendments, April 2020 – Law & Religion UK
‘On 1 April 2020, The Faculty Jurisdiction (Amendment) Rules 2019 come into force; these make a number of important changes to the earlier Rules, including: the substitution of a new Part 4 dealing with consultation and advice; revision and expansion of Lists A and B; extension of the Archdeacon’s jurisdiction for temporary minor re-ordering; and various other amendments to improve the operation of the Rules.’
Law & Religion UK, 12th December 2019
Source: www.lawandreligionuk.com
BAILII: Recent Decisions
Supreme Court
Lancashire CC, R (on the application of) v SSEFRA & Anor [2019] UKSC 58 (11 December 2019)
Court of Appeal (Civil Division)
Lakatamia Shipping Company Ltd v Morimoto [2019] EWCA Civ 2203 (11 December 2019)
Tiplady v City of Bradford Metropolitan District Council [2019] EWCA Civ 2180 (11 December 2019)
Court of Appeal (Criminal Division)
McCarthy v R. [2019] EWCA Crim 2202 (11 December 2019)
High Court (Administrative Court)
Arowojolu v General Medical Council [2019] EWHC 3155 (Admin) (11 December 2019)
High Court (Chancery Division)
Boyle v Burke & Anor [2019] EWHC 3364 (Ch) (10 December 2019)
High Court (Commercial Court)
Manek & Ors v IIFL Wealth (UK) Ltd & Ors [2019] EWHC 3361 (Comm) (11 December 2019)
High Court (Queen’s Bench Division)
Kirkegaard v Smith [2019] EWHC 3393 (QB) (11 December 2019)
Source: www.bailii.org
Supreme Court allows appeals by land-owning public bodies in dispute over statutory incompatibility and village green registration – Local Government Lawyer
‘The Supreme Court has by a 3-2 majority allowed appeals by Lancashire County Council and NHS Property Services over whether statutory incompatibility defeats an application to register land as a town or village green where the land is held by the public authority for statutory purposes.’
Local Government Lawyer, 11th December 2019
Source: www.localgovernmentlawyer.co.uk
Circuit judge wins online harassment injunction – Legal Futures
‘A circuit judge has won an injunction against a disgruntled litigant in person who created a website to attack him and his family, and had thrown out as vexatious an attempt to counter-claim.’
Legal Futures, 12th December 2019
Source: www.legalfutures.co.uk
