Ched Evans faces new rape trial in October – Daily Telegraph
‘Footballer Ched Evans will go on trial to face an allegation of rape later this year.’
Daily Telegraph, 27th May 2016
Source: www.telegraph.co.uk
Day: 27 May 2016
Driver Andrew Nay jailed for paralysing sisters in road rage crash – BBC News
‘A driving instructor who left two young sisters paralysed after a road rage crash in Northamptonshire has been jailed for four-and-a-half years.’
BBC News, 27th May 2016
Source: www.bbc.co.uk
Supreme Court to hear key case on liability of councils for foster care abuse – Local Government Lawyer
‘The Supreme Court has agreed to hear a key case on the liability of councils for foster care abuse, it has emerged.’
Local Government Lawyer, 27th may 2016
Source: www.localgovernmentlawyer.co.uk
Chief Inspector highly critical of Home Office internal review process – Free Movement
‘The Immigration Act 2014 removed rights of appeal to an independent judge against refusal of many immigration decisions, replacing appeals with a system of internal review within the Home Office. It is called Administrative Review. The Chief Inspector of Borders and Immigration, David Bolt, has just published a report into how well this process is working. He finds “significant room for improvement.”’
Free Movement, 26th May 2016
Source: www.freemovement.org.uk
High Court strikes down unfair decision in DFT of vulnerable victim of torture – Free Movement
‘In the first judgment of its kind since the suspension of the Detained Fast Track on 2 July 2015, the High Court struck down the Home Secretary’s refusal and certification of an asylum claim which was made in the structurally unfair and unjust Detained Fast Track (DFT) and ordered the Home Secretary to remake the decision afresh without regard to material obtained in the unfair process. The case is R (on the application of Zafar) v The Secretary of State for the Home Department [2016] EWHC 1217 (Admin).’
Free Movement, 25th May 2016
Source: www.freemovement.org.uk
Should “turning a blind eye” to allegations of child abuse be made illegal? – Halsbury’s Law Exchange
‘According to the NSPCC’s 2015 report, How safe are our children? over 30,000 cases of child sexual abuse are now recorded annually in the UK. Perhaps this growing number can be attributed, in part, to people being more confident in speaking up and raising concerns, especially in an era of post-Yewtree Operation revelations.’
Halsbury’s Law Exchange, 25th May 2016
Source: www.halsburyslawexchange.co.uk
Reading the Riot Act: the future of riot damage compensation – Halsbury’s Law Exchange
‘“If you carry on doing that I’ll read you the Riot Act!” So might a hapless parent or teacher plead to their unruly charges. But the real Riot Act 1714 (removed only in 1973 by the Statute Law (Repeals) Act of that year) meant business. For, if more than 12 people “unlawfully, riotously, and tumultuously assembled together”, it allowed a justice of the peace (or other specified local official) to command the assembly to disperse and within an hour “peaceably to depart to their habitations or to their lawful business”. If not they were liable to “suffer death” as felons.’
Halsbury’s Law Exchange, 25th May 2016
Source: www.halsburyslawexchange.co.uk
High Court orders in favour of e-disclosure predictive coding in first contested case – OUT-LAW.com
‘The High Court has backed the use of predictive coding in a litigation disclosure exercise, in what is being reported as the first use of the technology without the consent of all parties.’
OUT-LAW.com, 25th May 2016
Source: www.out-law.com
Spitalfields Trust Ltd lose judicial review claim – OUT-LAW.com
‘The High Court has rejected Spitalfields Historic Trust Ltd’s judicial review claim against a planning permission decision by previous London mayor Boris Johnson.’
OUT-LAW.com, 26th May 2016
Source: www.out-law.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Project Blue Ltd v Revenue and Customs [2016] EWCA Civ 485 (26 May 2016)
Rizan & Anor v Hayes & Anor [2016] EWCA Civ 481 (26 May 2016)
Nelmes v NRAM Plc [2016] EWCA Civ 491 (26 May 2016)
High Court (Administrative Court)
High Court (Chancery Division)
The Girls’ Day School Trust v GDST Pension Trustees Ltd & Anor [2016] EWHC 1254 (Ch) (26 May 2016)
High Court (Family Division)
Birmingham City Council v LC & Ors [2016] EWHC 1278 (Fam) (27 May 2016)
High Court (Queen’s Bench Division)
Milanese v Leyton Orient Football Club Ltd [2016] EWHC 1161 (QB) (26 May 2016)
Zahir v Vadodaria [2016] EWHC 1215 (QB) (26 May 2016)
Milanese v Leyton Orient Football Club Ltd [2016] EWHC 1263 (QB) (26 May 2016)
Winchester Park Ltd v Sehayek [2016] EWHC 1216 (QB) (26 May 2016)
Parke v Butler [2016] EWHC 1251 (QB) (26 May 2016)
Source: www.bailii.org
QOCS protection extends to appeals, High Court rules – Litigation Futures
‘Qualified one-way costs shifting (QOCS) applies not only to trials but to appeals, the High Court has ruled.’
Litigation Futures, 26th May 2016
Source: www.litigationfutures.com
Government eyes stronger powers to discipline solicitors as part of insurance fraud crackdown – Legal Futures
‘The government yesterday accepted recommendations for stronger fining powers for the Solicitors Regulation Authority (SRA), a lower burden of proof before the Solicitors Disciplinary Tribunal (SDT), and the need to introduce further measures to discourage ‘late’ personal injury claims, in the next stage of its crackdown on fraudulent behaviour.’
Legal Futures, 27th May 2016
Source: www.legalfutures.co.uk
New powers to strengthen coastal security – Home Office
‘New powers to help target smugglers and prevent illegal entry come into force.’
Home Office, 26th may 2016
Source: www.gov.uk/home-office
Master of the Rolls: Sir Terence Etherton – Courts and Tribunals Judiciary
‘Her Majesty The Queen has been pleased to approve the appointment of The Rt Hon Sir Terence Etherton as the Master of the Rolls with effect from 3 October 2016. This appointment follows the retirement of The Rt Hon Lord Dyson on 2 October 2016.’
Courts and Tribunals Judiciary, 26th May 2016
Source: www.judiciary.gov.uk
Susan Whiting death: Woman guilty of manslaughter – BBC News
‘A man has been jailed for life for murdering a student with learning difficulties as his wife has been convicted of her manslaughter.’
BBC News, 26th May 2016
Source: www.bbc.co.uk
Top judge hands divorcee £3.5m despite husband arguing it should be less as ex-wife lives with another man – Daily Telegraph
‘Women who move in with other men after getting divorced are still entitled to a share of their ex-husband’s wealth, the UK’s most senior family judge has ruled.’
Daily Telegraph, 26th May 2016
Source: www.telegraph.co.uk
Children of woman jailed for Syria plot will live with relatives – The Guardian
‘Three children whose British Muslim mother has been jailed after planning a move to an area of Syria controlled by Islamic State are to live with relatives pending decisions about their long-term future, a high court judge has been told.’
The Guardian, 26th May 2016
Source: www.guardian.co.uk
Wardrobe death case: Care home must pay £150,000 – BBC News
‘The owner of a care home where an 80-year-old woman was found dead under a fallen wardrobe has been ordered to pay £150,000 after being prosecuted.’
BBC News, 26th May 2016
Source: www.bbc.co.uk
Logan Peters killed himself following police custody – BBC News
‘A series of police failures caused a man to kill himself a day after being released from custody, an inquest found.’
BBC News, 27th May 2016
Source: www.bbc.co.uk
