BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Technology and Construction Court)
Source: www.bailii.org
Claimant wanted to use draft ruling to extract settlement – Litigation Futures
‘A High Court judge has deprecated a claimant’s request for a third party to review a draft judgment so that it could have the chance to pay money to suppress publication.’
Litigation Futures, 31st October 2019
Source: www.litigationfutures.com
SC limits third-party costs orders against insurers – Litigation Futures
‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’
Litigation Futures, 30th October 2019
Source: www.litigationfutures.com
Bailing Out Lehman Brothers? – Littleton Chambers
‘Lehman Brothers International (Europe) (In Administration) v Exotix Partners LLP [2019] EWHC 2380 (Ch) is another reminder of the flexibility of contractual construction as an alternative to rectification for subjective mistakes.’
Littleton Chambers, 1st October 2019
Source: www.littletonchambers.com
Prisons in England and Wales are facing a safety crisis, warn MPs – The Guardian
‘The prison system in England and Wales is in an “appalling” state of crisis, lacking decency or security and no clear plan for desperately needed change, MPs have warned in a report that raises questions over the government’s pledges on prisons ahead of an election.’
The Guardian, 31st October 2019
Source: www.theguardian.com
Successful Reunification of Child to his Parents Using the Resolutions Approach – Park Square Barristers
‘In September 2017 the child was presented to hospital with numerous injuries. At a finding of fact hearing the court found that the injuries were inflicted by either the mother or father (Re B (Children: Uncertain Perpetrator) [2019] EWCA Civ 575). Neither parent accepted perpetration of the injuries and after the findings were made maintained those denials. This was a single-issue case. The Local Authority approach to the parents in assessment was that the parents were unsafe to care for the child as they denied the findings of the court. As a result the LA deemed them to be unsafe or untreatable. The Local Authority sought permanent removal of the child from the parents’ care.’
Park Square Barristers, 1st October 2019
Source: www.parksquarebarristers.co.uk
New Judgment: Singularis Holdings Ltd (In Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50 – UKSC Blog
‘An implied term of the contract between a bank and its customer is that the bank owes a duty of care not to execute the customer’s order if it knows the order to be dishonestly given, or shuts its eyes to obvious dishonesty, or acts recklessly in failing to make inquiries. This is known as the Quincecare duty of care, following the 1992 case of Barclays Bank plc v Quincecare Ltd.’
UKSC Blog, 30th October 2019
Source: ukscblog.com
Nationally significant infrastructure projects – hot topics seminar High Court challenges – current issues – Landmark Chambers
‘This talk is billed as “current issues” in respect of High Court challenges to Nationally Significant Infrastructure Projects (“NSIPS”). However, given the limited number of challenges that have in fact been brought under the Planning Act 2008 (“the 2008 Act”) regime, we have sought to draw out themes arising from those challenges which have been decided by the courts and the lessons to be learnt from those cases.’
Landmark Chambers, 1st October 2019
Source: www.landmarkchambers.co.uk
Signing Off and Signatures in the Digital Age: Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) – Hardwicke Chambers
‘Section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 (‘the 1989 Act’) provides that a contract for the sale or other disposition of an interest in land can only be made in writing. Under section 2(3), the documents incorporating the terms must be signed by or on behalf of each party to the contract.’
Hardwicke Chambers, 15th October 2019
Source: hardwicke.co.uk
Supreme Court backs freeholder in leasehold covenant dispute – Law Society’s Gazette
‘Supreme Court justices have ruled by a three to two majority that a freeholder was entitled to withhold consent for a leaseholder to apply for planning permission that might reduce the value of a West End property.’
Law Society's Gazette, 30th October 2019
Source: www.lawgazette.co.uk
Thoughts on Advocacy from the Coal Face – a paper – Six Pump Court
‘In a paper entitled “Aristotle and the Three Pillars of Advocacy or a few thoughts on advocacy from the coal face”, Richard Barraclough QC draws on his experience of advocacy and discusses his own principles and methods of effectively presenting a case – both for the defence and the prosecution.’
Six Pump Court, 4th October 2019
Source: www.6pumpcourt.co.uk
Andrew Griggs: The wife killer who escaped justice for 20 years – BBC News
‘For 20 years, the disappearance of Debbie Griggs remained a mystery. Two decades later, her husband has been convicted of her murder and jailed for a minimum of 20 years. What changed?’
BBC News, 30th October 2019
Source: www.bbc.co.uk
Behaviour of family judge meant hearing amounted to serious procedural irregularity, High Court judge finds – Local Government Lawyer
‘A district judge who was found “shaking with rage” during a case on a child’s care plan has had her ruling overturned on grounds of serious procedural irregularity.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
Gilham: breaking down the limitations on whistleblowing protection – where next? – Littleton Chambers
‘Whistleblowing protection continues to expand and develop. Even without reliance on Art.10 ECHR the Courts have not been shy of adopting what might at first appear to be a strained construction of the legislation to further the underlying policy objectives. Now the Supreme Court’s decision in Gilham v Ministry of Justice [2019] UKSC 44 has demonstrated the strength of the interpretative obligation to construe the legislation in accordance with Article 10 (or that article read with A.14 ECHR). Indeed this points to the possibility of extending the scope of protection much further. Litigation over the position of secondees, applicants, volunteers and others, as well as in relation to detriment inflicted because of a perception (justified or not) that a worker has or may be about to make a disclosure, or was associated in some way with someone else’s disclosures, can be expected. These cases will need to explore the scope of the State’s positive obligation to protect freedom of expression. They will no doubt face arguments that the necessary reading down is against the grain, or contrary to fundamental features, of the statutory provisions.’
Littleton Chambers, 17th October 2019
Source: www.littletonchambers.com
New Judgment: In the matter of NY (A Child) [2019] UKSC 49 – UKSC Blog
‘This appeal concerned a father’s application for an order for the immediate return of his daughter from England and Wales to Israel. The issue raised was whether the Court of Appeal, having determined that such an order could not be granted under the Hague Convention on the Civil Aspects of International Child Abduction 1980, was nonetheless entitled to grant it under the inherent jurisdiction of the High Court to make orders in relation to children.’
UKSC Blog, 30th October 2019
Source: ukscblog.com
LSB builds case for ‘continuing competence’ push – Legal Futures
‘The Legal Services Board (LSB) has heard calls for regulators to take a more “hands-on” approach to ensuring that lawyers remain competent through their careers.’
Legal Futures, 31st October 2019
Source: www.legalfutures.co.uk
Insolvency Update – Using winding up procedure to collect a debt: Sell Your Car With Us Ltd v Anil Sareen [2019] EWHC 2332 – Hardwicke Chambers
‘The recent case of Sell Your Car With Us Ltd v Anil Sareen will be of interest to practitioners in Corporate Insolvency as it provides a useful reminder that there is no strict rule that the winding up procedure is inapt for mere debt collection.’
Hardwicke Chambers, 7th October 2019
Source: hardwicke.co.uk
Judge criticises council for breaching duty of disclosure when making streamlined application for authorisation of deprivation of liberty – Local Government Lawyer
‘A council has been criticised by a Court of Protection judge for breaching the duty of full and frank disclosure when it made an application under the streamlined procedure for authorisation of a deprivation of liberty.’
Local Government Lawyer, 30th October 2019
Source: www.localgovernmentlawyer.co.uk
