BAILII: Recent Decisions
Court of Appeal (Civil Division)
Emambux v Innisfree Housing Association Ltd [2019] EWCA Civ 2048 (22 November 2019)
Griffith v Gourgey & Ors [2019] EWCA Civ 2046 (22 November 2019)
Secretary of State for the Home Department v KF (Nigeria) [2019] EWCA Civ 2051 (22 November 2019)
Leon v Her Majesty’s Attorney General & Ors [2019] EWCA Civ 2047 (22 November 2019)
High Court (Administrative Court)
High Court (Chancery Division)
Kinsella & Anor v Emasan AG & Anor [2019] EWHC 3196 (Ch) (21 November 2019)
High Court (Commercial Court)
Ivanhoe Mines Ltd v Gardner [2019] EWHC 3142 (Comm) (22 November 2019)
Alianca Navegacao E Logistica LTDA v Ameropa SA [2019] EWHC 3152 (Comm) (22 November 2019)
High Court (Queen’s Bench Division)
Chandler v O’Connor [2019] EWHC 3181 (QB) (22 November 2019)
Source: www.bailii.org
Ruling flags risk facing data licensees – OUT-LAW.com
‘A recent ruling highlights the need for businesses accessing data from third parties to make sure that their intended use of that data is covered by the licensing terms on which the data is being made available, an expert in intellectual property law has said.’
OUT-LAW.com, 21st November 2019
Source: www.pinsentmasons.com
An appeal is not a form of gratuitous essay-marking exercise – Practical Law: Construction Blog
‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’
Practical Law: Construction Blog, 22nd November 2019
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Barton v Gwyn-Jones & Ors [2019] EWCA Civ 1999 (21 November 2019)
B (Secure Accommodation Order), Re (Rev 1) [2019] EWCA Civ 2025 (21 November 2019)
High Court (Administrative Court)
High Court (Commercial Court)
Lotus Cars Ltd v Marcassus Sport SARL [2019] EWHC 3128 (Comm) (21 November 2019)
Quinn Infrastructure Services Ltd v Sullivan & Os [2019] EWHC 2863 (Comm) (21 November 2019)
High Court (Family Division)
F v M (Appeal: Finding of Fact) [2019] EWHC 3177 (Fam) (21 November 2019)
High Court (Patents Court)
Excel-Eucan Ltd v Source Vagabond Systems Ltd [2019] EWHC 3175 (Pat) (21 November 2019)
High Court (Queen’s Bench Division)
Iraqi Civilians v Ministry of Defence [2019] EWHC 3088 (QB) (21 November 2019)
Rahmatullah & Anor v The Ministry Of Defence & Anor [2019] EWHC 3172 (QB) (21 November 2019)
Source: www.bailii.org
Vulnerable witnesses and parties in the Family Courts – Local Government Lawyer
‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’
Local Government Lawyer, 22nd November 2019
Source: www.localgovernmentlawyer.co.uk
Sex offender jailed for the rape of 76-year-old woman – Crown Prosecution Service
‘A registered sex offender who raped a 76-year-old woman as she walked her dog has been jailed.’
Crown Prosecution Service, 21st November 2019
Source: www.cps.gov.uk
Study restrictions ‘unlawfully imposed’ on university students – Law Society’s Gazette
‘TThe Home Office has agreed to review its immigration bail guidance, a law firm has said as it was preparing to challenge the government in court next week in a case concerning two asylum-seeking university students.’
Law Society's Gazette, 21st November 2019
Source: www.lawgazette.co.uk
Shrewsbury maternity scandal: Hundreds of families whose babies died or have been left with brain damage in hospital to be contacted by trust – The Independent
‘Hundreds of families whose babies died or have been left with brain damage after maternity care treatment at Shrewsbury and Telford Hospital Trust are now being informed they are part of a major investigation into the largest scandal of its type ever to hit the NHS, following a report by The Independent.’
The Independent, 21st November 2019
Source: www.independent.co.uk
Justice Secretary in move to challenge release of killer who hid body – Daily Telegraph
‘An urgent Ministry of Justice (MoJ) investigation has been launched after murderer Ian Simms was granted parole despite his refusal to reveal the whereabouts of the body of his victim Helen McCourt.’
Daily Telegraph, 21st November 2019
Source: www.telegraph.co.uk
Universities braced for compensation claims as reveal plans to limit the impact of lecturers’ strikes – Daily Telegraph
‘Universities are braced for compensation claims as reveal their plans to limit the impact of lecturers’ strikes.’
Daily Telegraph, 21st November 2019
Source: www.telegraph.co.uk
UK Government rescues British orphans of Isil fighters from Syria in first repatriation mission – Daily Telegraph
‘British orphaned children of Islamic State fighters have been rescued from Syria, in the first evacuation by the UK Government of nationals stranded in the war-torn country following the fall of the “caliphate”.’
Daily Telegraph, 21st November 2019
Source: www.telegraph.co.uk
UK defies UN deadline to return Chagos Islands – The Guardian
‘Refusal to return archipelago to Mauritius “lawless” and “reflects colonial mindset” says barrister.’
The Guardian, 22nd November 2019
Source: www.theguardian.com
Helen McCourt murderer Ian Simms set for parole – BBC News
‘The mother of a murder victim is “horrified” her daughter’s killer will be freed despite never revealing where her body is.’
BBC News, 21st November 2019
Source: www.bbc.co.uk
Metal detectorists convicted of stealing £3million Viking hoard of coins and jewellery – Daily Telegraph
‘Two metal detectorists have been convicted of stealing a £3 million Viking hoard of coins and jewellery – much of which is still missing.’
Daily Telegraph, 21st November 2019
Source: www.telegraph.co.uk
Holocaust denial, hyperlinks and YouTube: Chabloz again – Law & Religion UK
‘Alison Chabloz was convicted in 2018 at Westminster Magistrates’ Court of three offences contrary to s.127(1) of the Communications Act 2003.
On appeal, in R v Alison Chabloz [2019] Southwark Crown Court 13 February, the issue was whether or not the three songs were “grossly offensive” [2]. She lost.
She then sought to appeal by way of case stated; however, following a hearing in May concerned with how the matter should proceed, the judge refused to state a case and indicated that the proper course was for her to seek permission for judicial review of the written ruling. No such application was ever formally made, although written grounds for judicial review were produced in September 2019. In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin), Coulson LJ sets out the rather confusing procedural history of the case at [2]-[5].
Law & Religion UK, 20th November 2019
Source: www.lawandreligionuk.com
Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com
‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’
OUT-LAW.com, 20th November 2019
Source: www.pinsentmasons.com
