BAILII: Recent Decisions

Posted November 21st, 2019 in law reports by sally

Supreme Court

Wright, R (on the application of Wright) v Resilient Energy Severndale Ltd & Anor – [2019] UKSC 53 (20 November 2019)

Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 (20 November 2019)

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v E3 & Anor [2019] EWCA Civ 2020 (21 November 2019)

Baci Bedfordshire Ltd, R (on the application of) v The Environment Agency & Anor [2019] EWCA Civ 1962 (19 November 2019)

High Court (Administrative Court)

Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors [2019] EWHC 3165 (Admin) (21 November 2019)

London School of Science and Technology, R (on the application of) v Pearson Education Ltd [2019] EWHC 3129 (Admin) (20 November 2019)

Akbar, R (on the application of) v The Secretary of State for Justice [2019] EWHC 3123 (Admin) (20 November 2019)

High Court (Family Division)

P (Transgender Applicant for Declaration of Valid Marriage) [2019] EWHC 3105 (Fam) (20 November 2019)

Source: www.bailii.org

Good practice for lawyers towards litigants in person – Family Law

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

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Family Law, 19th November 2019

Source: www.familylaw.co.uk

More than 20 drug dealers prosecuted after complaints from residents – Crown Prosecution Service

Posted November 21st, 2019 in complaints, conspiracy, drug offences, drug trafficking, news, sentencing by sally

‘More than 20 drug dealers have successfully been prosecuted as a result of a police investigation which followed complaints about drug dealing from local residents in Tower Hamlets and Hackney.’

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Crown Prosecution Service, 18th November 2019

Source: www.cps.gov.uk

Two Northumberland men sentenced for physical and mental torture of captive – Crown Prosecution Service

‘Two Northumberland men who subjected a captive man to a night of physical and mental torture have been sentenced to a total of 34 years at Newcastle Crown Court today (20 Nov).’

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Crown Prosecution Service, 20th November 2019

Source: www.cps.gov.uk

Minimum pupillage award from 1 January 2020 announced – Bar Standards Board

Posted November 21st, 2019 in barristers, news, pupillage, remuneration by sally

‘The Bar Standards Board (BSB) has today announced that the rate for the minimum pupillage award that will apply from 1 January 2020 will be £18,866 per annum for pupillages in London and £16,322 per annum for pupillages outside London.’

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Bar Standards Board, 20th November 2019

Source: www.barstandardsboard.org.uk

High Court rules marriage between trans man and woman invalid by as both were legally female during ceremony – Daily Telegraph

Posted November 21st, 2019 in birth certificates, families, gender, human rights, marriage, news, transgender persons by sally

‘A High Court judge has ruled that a marriage between a woman and a trans man was void because both parties were legally female during the ceremony.’

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Daily Telegraph, 20th November 2019

Source: www.telegraph.co.uk

General election: Brexiteer running against Anna Soubry banned from constituency after harassing MP – The Independent

Posted November 21st, 2019 in bail, brexit, elections, harassment, news, restraining orders by sally

‘A Brexiteer who is running against Anna Soubry in the general election has been convicted of harassing the Change UK leader. Amy Dalla Mura was banned from entering the Broxtowe constituency at Westminster Magistrates’ Court on Wednesday.’

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The Independent, 20th November 2019

Source: www.independent.co.uk

Dog walker finds dossier of paedophiles and victims ‘dumped by police officer by public skip’ – The Independent

‘A police officer accused of dumping documents identifying paedophiles and their victims near a public skip is to face a misconduct hearing.’

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The Independent, 21st November 2019

Source: www.independent.co.uk

‘Pitiful’ £350 fines for fox hunters caught in video footage – BBC News

‘An animal welfare charity has called for people who illegally hunt foxes to be given prison sentences – after two men were fined a “pitiful” £350.’

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BBC News, 21st November 2019

Source: www.bbc.co.uk

Patient died after ‘transplant surgeon error’ in Welsh hospital – BBC News

‘A transplant patient died after a surgeon failed to disclose he had spilt stomach contents on organs which went on to be used in NHS operations.’

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BBC News, 21st November 2019

Source: www.bbc.co.uk

Court of Appeal to hear facial recognition technology challenge – Law Society’s Gazette

‘A Cardiff resident who lost a High Court challenge over police deployment of automated facial recognition technology has been given permission to take his case to the Court of Appeal.’

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Law Society's Gazette, 20th November 2019

Source: www.lawgazette.co.uk

Hawala: why it is used and what family practitioners should know about it – Family Law Week

‘Byron James, Partner and Head of Expatriate Law in Dubai, explains the challenges presented to family lawyers by the effective method of anonymous international money transfer system used around the world.; why and what family practitioners should know about it.’

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Family Law Week, 20th November 2019

Source: www.familylawweek.co.uk

Burford school agrees to provide alternative to Christian assembly – BBC News

‘A couple who threatened to take a school to the High Court over its religious assemblies have won their fight for alternative activities for their children.’

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BBC News, 20th November 2019

Source: www.bbc.co.uk

Extinction Rebellion protest: Met accused of 521 abuses of power – The Guardian

‘Police carried out widespread abuses of power during Extinction Rebellion’s two weeks of protests in October, according to investigators who have collated dozens of reports from protesters.’

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The Guardian, 20th November 2019

Source: www.theguardian.com

Doctors may face suspension over NHS ‘worst maternity scandal’ – The Guardian

‘Doctors who saw but did not report babies and mothers receiving poor care during the NHS’s worst maternity scandal could be suspended or struck off, the General Medical Council has warned. The medical profession’s regulator has asked NHS bosses for details of any doctor they believe may have ignored their professional duty to raise the alarm about threats to patient safety at the Shrewsbury and Telford NHS hospital trust (SaTH).’

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The Guardian, 20th November 2019

Source: www.theguardian.com

Transphobia guidelines ‘contrary to freedom of expression’, court hears – BBC News

‘The way police record “non-crime hate incidents” against transgender people has “a chilling effect” on freedom of expression, the High Court has heard.he way police record “non-crime hate incidents” against transgender people has “a chilling effect” on freedom of expression, the High Court has heard.’

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BBC News, 20th November 2019

Source: www.bbc.co.uk

Professional Standards Authority v HCPC and Wood [2019] EWHC 2819 (Admin) – Charging motivation and lies in investigation – 2 Hare Court

‘Mr Wood was a paramedic called to attend Patient A, a highly vulnerable patient who suffered from a split personality disorder. Within 10-15 minutes of leaving the patient, Mr Wood began to text her. Over the course of the following month he continued to contact her. Some of those messages were sexually explicit and others attempted to arrange a meeting with the patient for sex. He also asked her to keep the messages a secret.’

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2 Hare Court, 1st November 2019

Source: www.2harecourt.com

Home Secretary withdraws appeal in child’s citizenship challenge – Garden Court Chambers

Posted November 20th, 2019 in appeals, children, citizenship, human rights, news, paternity by sally

‘The Secretary of State has withdrawn her appeal against the decision of the Administrative court in R(ota K, a child by her litigation friend) v SSHD [2018] EWHC 1834 (Admin).’

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Garden Court Chambers, 6th November 2019

Source: www.gardencourtchambers.co.uk

Ban child marriage: safeguard futures – Counsel

Posted November 20th, 2019 in children, consent, marriage, news by sally

‘Child marriage is ‘any formal marriage or informal union between a child under the age of 18 and an adult or another child’ (UNICEF). Child marriage is not a criminal offence in England and Wales. Children can marry between the ages of 16-17 with parental consent in accordance with s 3 of the Marriage Act 1949. Marriages that take place involving children below the age of 16 are void but they are not criminalised. There is no legal provision currently in place that prevents religious or customary child marriages, at any age, from taking place. Often religious or customary marriages carry even more weight than civil marriages within certain families or communities. Whilst there may only be a minority of civil marriages taking place with parental consent between children from the ages of 16-17 years old, it is unknown how many British children are married abroad and how many religious and customary marriages involving children take place each year.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

High court quash coroner’s anonymity ruling and allows family of Andrew Hall to see inquest evidence of police officers – Garden Court Chambers

Posted November 20th, 2019 in anonymity, coroners, inquests, judicial review, news, police by sally

‘On 30 October 2019 the High Court ordered that seven family members be entitled to see 16 West Yorkshire police offers and a custody nurse give evidence at the inquest into the death of Andrew Hall, quashing the coroner’s ruling on anonymity.’

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Garden Court Chambers, 8th November 2019

Source: www.gardencourtchambers.co.uk