BAILII: Recent Decisions

Posted July 20th, 2016 in law reports by tracey

Supreme Court

Willers v Joyce & Anor (Re: Gubay (deceased) No 2) [2016] UKSC 44 (20 July 2016)

Willers v Joyce & Anor (Re: Gubay (deceased) No 1) [2016] UKSC 43 (20 July 2016)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2016] UKSC 45 (20 July 2016)

Court of Appeal (Civil Division)

Abacha & Ors v National Crime Agency [2016] EWCA Civ 760 (19 July 2016)

Raj and Knoll Ltd, R (on the application of) v The Secretary of State for the Home Department [2016] EWCA Civ 770 (19 July 2016)

A v B Local Authority & Anor [2016] EWCA Civ 766 (19 July 2016)

Beaumont & Anor v Ferrer [2016] EWCA Civ 768 (19 July 2016)

Express Electrical Distributors Ltd v Beavis & Ors [2016] EWCA Civ 765 (19 July 2016)

Donaldson v HM Revenue and Customs [2016] EWCA Civ 761 (18 July 2016)

Secretary of State for Communities and Local Government v Allen & Anor [2016] EWCA Civ 767 (15 July 2016)

Gallaher Group Ltd & Anor v Competition and Markets Authority [2016] EWCA Civ 719 (15 July 2016)

Court of Appeal (Criminal Division)

Gray v R [2016] EWCA Crim 1034 (20 July 2016)

Hyde & Ors, R v [2016] EWCA Crim 1031 (15 July 2016)

High Court (Administrative Court)

Alshirif v The Secretary of State for the Home Department [2016] EWHC 1770 (Admin) (15 July 2016)

Oliver, R (on the application of) v Director of Public Prosecution [2016] EWHC 1771 (Admin) (15 July 2016)

Camaras v Baia Mare Local Court Romania [2016] EWHC 1766 (Admin) (15 July 2016)

London Borough of Southwark, R (on the application of) v London Fire and Emergency Planning Authority & Anor [2016] EWHC 1701 (Admin) (15 July 2016)

Hicks & Ors, R (on the application of) v Senior Coroner for Inner North London & Ors [2016] EWHC 1726 (Admin) (15 July 2016)

Pressland v The Council of the London Borough of Hammersmith and Fulham [2016] EWHC 1763 (Admin) (15 July 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 20th, 2016 in legislation by tracey

The Major Sporting Events (Income Tax Exemption) Regulations 2016

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 2) Order 2016

The Electoral Registration Pilot Scheme (England) Order 2016

The Ada National College for Digital Skills (Incorporation) Order 2016

The Modern Slavery Act 2015 (Duty to Notify) (Amendment) Regulations 2016

The Scotland Act 2016 (Saving) Regulations 2016

The Scotland Act 2016 (Commencement No. 1) Regulations 2016

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2016

The South West Sussex Internal Drainage District Order 2016

The River Adur Internal Drainage District Order 2016

The Ada National College for Digital Skills (Government) Regulations 2016

The Water and Sewerage Undertakers (Exit from Non-household Retail Market) Regulations 2016

Source: www.legislation.gov.uk

High Court: part 36 offer meant party could not accept earlier ‘without prejudice’ offer – Litigation Futures

‘The High Court has ruled that a claimant’s part 36 offer was a counter-offer, meaning that an earlier common law offer by the defendants no longer remained open for acceptance.’

Full story

Litigation futures, 15th July 2016

Source: www.litigationfutures.com

James Warnock convicted 34 years after rape and murder – Crown prosecution Service

‘James Warnock, 56, was sentenced today at the Central Criminal Court to life imprisonment with a minimum term of 25 years for the murder of seventeen-year-old Yiannoulla Yianni in August 1982. He was sentenced to 20 years’ imprisonment for the rape of Yiannoulla. Warnock was convicted on 14 July 2016. The crimes took place in Yiannoulla’s home, where she lived with her family, in Hampstead, north London.’

Full press release

Crown prosecution Service, 18th July 2016

Source: www.cps.gov.uk

Barristers still face flexible working penalty – The Bar Council

‘The Bar Council has launched a new flexible working guide for chambers, which includes proposals for possible rent reductions for those barristers seeking to work reduced hours or away from chambers because of care responsibilities.’

Full story

The Bar Council, 19th July 2016

Source: www.barcouncil.org.uk

Finance & Divorce Update, July 2016 – Family Law week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP, analyse the news and case law relating to financial remedies and divorce during June 2016.’

Full story

Family Law Week, 15th July 2016

Source: www.familylawweek.co.uk

JR jurisdiction ‘disadvantage’ for criminal cases – Law Society’s Gazette

‘The High Court has dismissed a bid to reconsider a judicial review decision, highlighting jurisdictional differences between criminal and civil proceedings.’

Full story

Law Society’s Gazette, 19th July 2016

Source: www.lawgazette.co.uk

Prisons now unacceptably violent, says watchdog – BBC News

Posted July 20th, 2016 in assault, drug abuse, homicide, news, ombudsmen, prisons, statistics by tracey

‘Prisons in England and Wales have become “unacceptably violent and dangerous places”, the chief inspector of prisons has warned. In his first annual report, Peter Clarke said the “grim situation” revealed in last year’s report was now “even worse” is some areas.’

Full story

BBC News, 19th July 2016

Source: www.bbc.co.uk

Man jailed over Oldham carjacking of woman, 78 – BBC News

‘A man has been jailed for 11 years after he stole an elderly woman’s car and ran her over with it.’

Full story

BBC News, 19th July 2016

Source: www.bbc.co.uk

Investigatory Powers Bill: Theresa May-led legislation could be killed by ruling from European Court, privacy campaigners claim – The Independent

‘A European Court of Justice ruling could deal a “serious blow” to Theresa May’s most prized piece of legislation, campaigners have said.’

Full story

The Independent, 19th July 2016

Source; www.independent.co.uk

Uber faces court battle with drivers over employment status – The Guardian

‘Uber is facing a legal challenge from drivers who say that they should be recognised officially as workers at the company, as calls grow for new rights for the UK’s burgeoning army of self-employed individuals.’

Full story

The Guardian, 19th July 2016

Source: www.guardian.co.uk

Disabled people ‘treated like second-class citizens’ – watchdog – BBC News

Posted July 20th, 2016 in disability discrimination, disabled persons, equality, news by tracey

‘People with disabilities are being treated like second class citizens, the UK’s equality watchdog has said.’

Full story

BBC News, 19th July 2016

Source: www.bbc.co.uk

Met ‘may be overly targeting BAME youths as gang members’ – The Guardian

‘The Metropolitan police may be overly targeting black and ethnic minority youths as gang members, resulting in them being treated more harshly by the courts, prisons and justice system, a review has found.’

Full story

The Guardian, 19th July 2016

Source: www.guardian.co.uk

Grieving parents told to ‘not pick fight with the NHS’ – Daily Telegraph

Posted July 20th, 2016 in bereavement, children, doctors, families, hospitals, news, standards by tracey

‘The parents of a toddler who died after doctors missed signs of sepsis were told not to “pick a fight with the NHS, you will lose” when they questioned the quality of his care. The revelation emerged following publication of a damning report that accused the organisations responsible of being incapable of accepting their shortcomings in the case.’

Full story

Daily Telegraph, 19th July 2016

Source: www.telegraph.co.uk

Two thirds of lesbian and bisexual women experience discrimination at work, research finds – The Independent

‘Two thirds of lesbian and bisexual women have experienced discrimination in the workplace, research has found.’

Full story

The Independent, 19th July 2016

Source: www.independent.co.uk

Police watchdog criticises force over delays in children’s cases – The Guardian

Posted July 20th, 2016 in child abuse, children, delay, news, ombudsmen, police, sexual grooming, sexual offences by tracey

‘A police force has been criticised by independent inspectors for not always responding quickly enough when children are at risk of sexual exploitation. HM Inspectorate of Constabulary said the delays by Devon and Cornwall police could result in children being put at risk of significant harm, and the causes needed to be tackled promptly.’

Full story

The Guardian, 20th July 2016

Source: www.guardian.co.uk

Mother forced her children to undergo serious operations they did not need to claim £375,000 benefits – The Independent

Posted July 20th, 2016 in benefits, child cruelty, children, families, medical treatment, news by tracey

‘A mother has been convicted of child cruelty after forcing her children to undergo gastric surgery they didn’t need in order to claim £375,000 in benefits.’

Full story

The Independent, 20th July 2016

Source: www.independent.co.uk