BAILII: Recent Decisions

Posted August 13th, 2014 in law reports by sally

High Court (Queen’s Bench Division)

Dowdall v William Kenyon & Sons Ltd & Ors [2014] EWHC 2822 (QB) (12 August 2014)

High Court (Administrative Court)

Adams, In the matter of the Criminal Justice Act 1988 [2014] EWHC 2639 (Admin) (11 August 2014)

Source: www.bailii.org

Regina (Woods and another) v Chief Constable of Merseyside Police – WLR Daily

Regina (Woods and another) v Chief Constable of Merseyside Police [2014] EWHC 2784 (Admin); [2014] WLR (D) 378

‘The Service Confidence Procedure (“SCP”), which was the statutory misconduct regime for police officers, was amenable to judicial review, but in circumstances where reasons for it were subject to a decision that they could not be disclosed due to public interest immunity, then the threshold for judicial interference was very high.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Regina (Hamill) v Chelmsford Magistrates’ Court – WLR Daily

Posted August 13th, 2014 in judicial review, law reports, police, sexual offences, statutory duty by sally

Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377

‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’

WLR Daily, 8th August 2014

Source: www.iclr.co.uk

Should the press be able to report the evidence in a financial remedy case? – Halsbury’s Law Exchange

Posted August 13th, 2014 in divorce, evidence, family courts, media, news, reporting restrictions by sally

‘There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.’

Full story

Halsbury’s Law Exchange, 12th August 2014

Source: www.halsburyslawexchange.co.uk

Veto of human rights rulings will damage Britain’s stance on Iraq, Dominc Grieve warns – Daily Telegraph

Posted August 13th, 2014 in elections, human rights, international relations, news, prisons, veto by sally

‘Dominic Grieve warns that a veto on European Court of Human Rights rulings would be a ‘disaster’ and would would place Britain in ‘great difficulty in terms of our international standing on human rights’.’

Full story

Daily Telegraph, 13th August 2014

Source: www.telegraph.co.uk

Indecent homes and major works charges – NearlyLegal

Posted August 13th, 2014 in landlord & tenant, news, repairs, service charges by sally

‘The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014.’

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NearlyLegal, 12th August 2014

Source: www.nearlylegal.co.uk

Lord Neuberger, Britain’s most senior judge, admits he doesn’t read all papers in a case – Daily Telegraph

Posted August 13th, 2014 in case management, judges, news by sally

‘The president of the Supreme Court indicates he “skims” case files before an appeal, unlike other judges who “read everything”.’

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Daily Telegraph, 12th August 2014

Source: www.telegraph.co.uk

Ombudsman slams prison service on suicides – The Independent

Posted August 13th, 2014 in news, ombudsmen, prisons, self-harm, suicide by sally

‘Failings in the prison service are leaving “vulnerable and isolated” young people at risk from suicide and self-harm, the Prison Ombudsman has concluded.’

Full story

The Independent, 12th August 2014

Source: www.independent.co.uk

Victims of trafficking empowered to seek compensation – Halsbury’s Law Exchange

‘The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair (Hounga v Allen and another). The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed. The Supreme Court, allowing the appeal, held that it would be a breach of the UK’s international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings for its law to cause the employee’s complaint to be defeated by the defence of illegality. The case was remitted to the tribunal in respect of a complaint in relation to pre-dismissal harassment.’

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Halsbury’s Law Exchange, 13th August 2014

Source: www.halsburyslawexhange.co.uk

Peterborough men jailed for plotting miscarriage attack – BBC News

‘A man who plotted to have his pregnant lover beaten up in order to get rid of their unborn child has been jailed.’

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BBC News, 12th August 2014

Source: www.bbc.co.uk

High Court: making defendant pay 10% more for rejecting part 36 offer would add “penal element” – Litigation Futures

Posted August 13th, 2014 in civil procedure rules, costs, injunctions, news, part 36 offers, penalties by sally

‘A High Court judge has ruled that making a defendant who rejected a part 36 offer pay an additional 10% of the sum awarded for costs would introduce a “penal element” and be unjust.’

Full story

Litigation Futures, 13th August 2014

Source: www.litigationfutures.com

Woman teacher who had sexual relationship with female pupil walks free – Daily Telegraph

‘Hayley Southwell, 27, given a suspended sentence after her victim refuses to co-operate with police.’

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Daily Telegraph, 12th August 2014

Source: www.telegraph.co.uk

Boy sentenced to four years for rape of girl aged 10 – BBC News

Posted August 13th, 2014 in child abuse, news, rape, sentencing, young offenders by sally

‘A 15-year-old boy has been sentenced to four years for raping a 10-year-old girl in Shrewsbury town centre.’

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BBC News, 12th August 2014

Source: www.bbc.co.uk

European court says UK ban on prisoners voting ‘breaches their human rights’ – but won’t grant them compensation – The Independent

Posted August 13th, 2014 in compensation, elections, human rights, news, prisons by sally

‘Britain’s blanket ban denying all prisoners the vote is a breach of human rights, European judges have ruled – but those jailed will not receive any costs or compensation.’

Full story

The Independent, 12th August 2014

Source: www.independent.co.uk