BAILII: Recent Decisions
Court of Appeal (Civil Division)
Scott v HM Revenue and Customs [2020] EWCA Civ 21 (22 January 2020)
FL (A Child), Re [2020] EWCA Civ 20 (22 January 2020)
Court of Appeal (Criminal Division)
GB v R. [2020] EWCA Crim 2 (16 January 2020)
High Court (Chancery Division)
Brown & Anor v MML Capital Europe VI Equity II SA & Ors [2020] EWHC 23 (Ch) (22 January 2020)
Systems Building Services Group Ltd, Re [2020] EWHC 54 (Ch) (21 January 2020)
High Court (Family Division)
H v F [2020] EWHC 86 (Fam) (22 January 2020)
Source: www.bailii.org
Improved drafting of Immigration Rules to save Government £70 million – Law Commission
‘Improvements to the way that Immigration Rules are written and presented would make them easier to follow for applicants and save the Government almost £70 million over ten years. This is according to the Law Commission, the independent law reform agency, that published its report on the Simplification of the Immigration Rules today.’
Law Commission, 14th January 2020
Source: www.lawcom.gov.uk
Director must compensate creditors for cut-price purchase from insolvent company – Law Society’s Gazette
‘Directors of insolvent companies should not be allowed to buy assets of the business on the cheap, the High Court has ruled. In Systems Building Services Group Limited [2020] EWHC 54 (Ch), the court this week ruled that a director is liable to pay the liquidators of his company money he saved by not placing a house owned by the company on the open market when the company went under.’
Law Society's Gazette, 22nd January 2020
Source: www.lawgazette.co.uk
Government terror adviser warns ‘no magic test’ to stop reoffending – The Guardian
‘The government’s adviser on terror legislation has warned that there is “no magic test” to determine the risks posed by a terrorist on release from prison, in further criticism of recently announced proposals to examine them with lie detectors.’
The Guardian, 22nd January 2020
Source: www.theguardian.com
Serious violent and sexual offenders to spend longer in prison – Ministry of Justice
‘Serious violent and sexual criminals will face more time behind bars under Government plans to better protect the public and restore confidence in the justice system.’
Ministry of Justice, 22nd January 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
East Kent hospitals: Baby deaths ‘could have been prevented’ – BBC News
‘At least seven preventable baby deaths may have occurred at one of the largest groups of hospitals in England since 2016, a BBC investigation has found.’
BBC News, 23rd January 2020
Source: www.bbc.co.uk
Rough sex murder defence: Why campaigners want it banned – BBC News
‘Campaigners say men are increasingly using the “rough sex” defence to try to get away with murdering women. They want the law changed to prevent such a defence and have the support of two MPs. But what difference would it make?’
BBC News, 22nd January 2020
Source: www.bbc.co.uk
Windrush man who served in British army for nine years told there is no record of him – The Independent
‘A Windrush man who was told the UK government had no record of him despite having spent nearly a decade serving in the British army says he is struggling to obtain compensation two years on.’
The Independent, 23rd january 2020
Source: www.independent.co.uk
Domestic abuse cases abandoned too quickly when victims retreat – study – The Guardian
‘Police and prosecutors are dropping domestic abuse cases far too readily when victims become reluctant to pursue complaints against often violent partners, an official inspectorate report has warned.’
The Guardian, 23rd January 2020
Source: www.theguardian.com
Labour MP accused of sexual assault fails in anonymity bid – The Guardian
‘A Labour MP has failed in his bid to stop his name from being revealed in reporting of an upcoming employment tribunal case taken by a woman who has accused him of sexual assault and harassment.’
The Guardian, 22nd January 2020
Source: www.theguardian.com
Court of Appeal rejects council bid for borough-wide injunction, issues guidance on tackling unauthorised encampments – Local Government Lawyer
‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’
Local Government Lawyer, 21st January 2020
Source: www.localgovernmentlawyer.co.uk
Paul Canfield discusses the impact of PS, Abdi Dahir, CF v R [2019] EWCA Crim 2286 – Broadway House Chambers
‘It is widely recognised that mental health disorders may be relevant to sentencing. However, there is currently no definitive guideline that can be used in relation to the sentencing of offenders with mental health conditions and disorders. Although the Sentencing Council is currently working towards a definitive guideline that will set out overarching principles, draft guidelines should not be used by a sentencer (see, eg, Boakye [2013] 1 Cr App R (S) 2 and Connelly [2018] 1 Cr App R (S) 19). So where does that leave an offender facing sentencing who live with a mental disorder or learning difficulty where it may have a substantial impact?’
Broadway House Chambers, 15th January 2020
Source: broadwayhouse.co.uk
