BAILII: Recent Decisions
High Court (Chancery Division)
Campbell v Redstone Mortgages Ltd [2014] EWHC 3081 (Ch) (29 September 2014)
Source: www.bailii.org
Month: October 2014
Medical compensation ‘outstripping public finances’ – Law Society’s Gazette
‘Medical defendants have warned that public finances will not be able to cope unless clinical negligence compensation is radically reformed.’
Law Society’s Gazette, 2nd October 2014
Source: www.lawgazette.co.uk
Abertillery care home nurses struck off over ‘shocking failings’ – BBC News
‘Two nurses whose care led to “avoidable harm to vulnerable patients” at an Abertillery care home have been struck off by the Nursing and Midwifery Council.’
BBC News, 1st October 2014
Source: www.bbc.co.uk
Martin Goldberg failings ‘an accident waiting to happen’ – BBC News
‘Failings to fully investigate a teacher who took indecent photographs of pupils were “an accident waiting to happen”, an ex-child protection chief has said.’
BBC News, 1st October 2014
Source: www.bbc.co.uk
Terror charges dropped against former Guantanamo Bay detainee Moazzam Begg – Daily Telegraph
‘Former Guantanamo Bay detainee Moazzam Begg has today walked free from prison after seven terror charges connected to Syria against him were dropped.’
Daily Telegraph, 1st October 2014
Source: www.telegraph.co.uk
UK legalises music, film and e-book back-ups – BBC News
‘A law has come into effect that permits UK citizens to make copies of CDs, MP3s, DVDs, Blu-rays and e-books. Consumers are allowed to keep the duplicates on local storage or in the cloud. While it is legal to make back-ups for personal use, it remains an offence to share the data with friends or family.’
BBC News, 1st October 2014
Source: www.bbc.co.uk
Investigation into McCann internet trolls launched by police – Daily Telegraph
‘Internet trolls who aim abuse, including death threats, at the family of missing girl Madeleine McCann could be prosecuted as part of a new police investigation. The Metropolitan Police has been passed an 80-page dossier of hundreds of tweets, Facebook posts and messages on online forums accusing Kate and Gerry McCann of being involved in their daughter’s disappearance in Portugal in 2007, and telling them they should “burn in hell”.’
Daily Telegraph, 2nd October 2014
Source: www.telegraph.co.uk
Gamekeeper found guilty of poisoning 10 buzzards and a sparrowhawk – The Guardian
‘A gamekeeper found with a bag of nine dead buzzards on a pheasant-shooting estate has been found guilty of intentionally killing a protected species in what is England’s worst recorded case of poisoning birds of prey.’
The Guardian, 2nd October 2014
Source: www.guardian.co.uk
Court of Appeal rejects call by solicitor to quash dismissal of his claim against council – Local Government Lawyer
‘The Court of Appeal has dismissed a solicitor’s call for an Employment Tribunal ruling – in which his claim against a local authority for race and disability discrimination was rejected – to be thrown out as not properly made, it has emerged.’
Local Government Lawyer, 30th September 2014
Source: www.localgovernmentlawyer.co.uk
When does a righteous campaign shade into harassment? – UK Human Rights Blog
‘Merlin Entertainments LPC, Chessington World of Adventures Operations and others v Peter Cave [2014] EWHC 3036 (QB) 25 September 2014. This case explores the extent to which a campaign of criticism, conducted by internet and email, can merit restraint by the civil courts. As the judge says, whatever the aims of the campaign in question, its supporters may, in the course of their activities, annoy, irritate, and upset companies and individuals. But should the courts interfere, before the question whether the campaign is justified has been decided? And to what extent is such a campaign a criminal offence?’
UK Human Rights Blog, 30th September 2014
Source: www.ukhumanrightsblog.com
Missing people law changes – Ministry of Justice
‘Families of missing people will have new rights following law changes taking effect from today, 1 October 2014.’
Ministry of Justice, 1st October 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Council defeats claim brought on behalf of 101 year old over care home closure – Local Government Lawyer
‘A city council has successfully defended a High Court challenge brought on behalf of a 101-year-old resident over its decision to close her care home.’
Local Government Lawyer, 30th Spetember 2014
Source: www.localgovernmentlawyer.co.uk
Claimants apply to Court of Appeal over approach to deprivation of liberty cases – Local Government Lawyer
‘An application has been made to the Court of Appeal for leave to appeal two key parts of a ruling by the President of the Court of Protection that was intended to streamline the handling of deprivation of liberty cases after the Cheshire West judgment.’
Local Government Lawyer, 30th September 2014
Source: www.localgovernmentlawyer.co.uk
Speech by Lord Justice Jackson: Costs Law and Practice Conference – Judiciary of England and Wales
‘Keynote speech by Lord Justice Jackson at the Costs Law And Practice Conference on 30th September 2014.’
Judiciary of England and Wales, 30th September 2014
Source: www.judiciary.gov.uk
Skyscanner: CAT quashes commitments in the online booking sector – Competition Bulletin from Blackstone Chambers
‘In a judgment handed down on Friday, the Competition Appeal Tribunal has quashed the Office of Fair Trading’s decision to accept commitments in the online hotel booking sector. As the first case to consider such commitments, Skyscanner Ltd v CMA [2014] CAT 16 contains some helpful guidance, albeit that Skyscanner’s success actually hinged on a fairly narrow point of regulatory law.’
Competition Bulletin from Blackstone Chambers, 28th September 2014
Source: www.competitionbulletin.com
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Day v Tiuta International Ltd & Anor [2014] EWCA Civ 1246 (30 September 2014)
Court of Appeal (Criminal Division)
Childs (Aka Greenfield), R. v [2014] EWCA Crim 1884 (30 September 2014)
High Court (Administrative Court)
High Court (Commercial Court)
Titan Europe 2006-3 Plc v Colliers International UK Plc [2014] EWHC 3106 (Comm) (30 September 2014)
High Court (Family Division)
Abuchian v Maksoud [2014] EWHC 3104 (Fam) (19 September 2014)
Source: www.bailii.org
Grayling: ‘real plan’ on human rights imminent – Law Society’s Gazette
‘Justice secretary Chris Grayling today promised a “real plan” to shake up human rights law, prompting speculation that prime minister David Cameron will fill in the details in his speech to the Conservative party conference tomorrow.’
Law Society’s Gazette, 30th September 2014
Source: www.lawgazette.co.uk
Boy should be taken off life-support, rules judge – BBC News
‘A boy with irreversible brain damage should be taken off a life-support machine despite the objections of his parents, a High Court judge has ruled.’
BBC News, 30th September 2014
Source: www.bbc.co.uk
