Month: March 2017

BAILII: Recent Decisions

Posted March 31st, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Elson v Stilgoe [2017] EWCA Civ 193 (30 March 2017)

First Subsea Ltd v Balltec Ltd & Ors [2017] EWCA Civ 186 (30 March 2017)

Grosvenor (Mayfair) Estate v Merix International Ventures Ltd & Anor [2017] EWCA Civ 190 (30 March 2017)

Stretchline Intellectual Properties Ltd v H&M Hennes & Mauritz Ltd [2017] EWCA Civ 199 (30 March 2017)

High Court (Administrative Court)

Conway, R (On the Application Of) v Secretary of State for Justice [2017] EWHC 640 (Admin) (30 March 2017)

Relta Ltd v Greater London Authority [2017] EWHC 671 (Admin) (30 March 2017)

The Assisted Reproduction And Gynaecology Centre, R (On the Application Of) v The Human Fertilisation And Embryology Authority [2017] EWHC 659 (Admin) (30 March 2017)

Driver And Vehicle Standards Agency v Rowe [2017] EWHC 608 (Admin) (30 March 2017)

High Court (Commercial Court)

Makdessi v Cavendish Square Holding BV & Ors [2017] EWHC 650 (Comm) (30 March 2017)

Aldcroft v The International Cotton Association Ltd [2017] EWHC 642 (Comm) (30 March 2017)

High Court (Queen’s Bench Division)

PP v The Home Office & Anor [2017] EWHC 663 (QB) (30 March 2017)

Harrath v Stand for Peace Ltd & Anor [2017] EWHC 653 (QB) (30 March 2017)

Source: www.bailii.org

Is Strasbourg law the law of England and Wales? – UK Human Rights Blog

Posted March 31st, 2017 in fees, human rights, legal aid, news, solicitors, statutory interpretation by tracey

‘R (o.t.a Minton Morrill Solicitors) v. The Lord Chancellor [2017] EWHC 612 (Admin) 24 March 2017, Kerr J. This exam-style question arose, in an attempt by solicitors to be paid by the Legal Aid Agency for some work they had done on two applications to Strasbourg. The underlying cases were housing, the first an attempt to stave off possession proceedings, and the second the determination of whether an offer of “bricks and mortar” accommodation to an Irish traveller was one of “suitable accommodation”. Both applications were declared inadmissible by the European Court of Human Rights, and thus could not benefit from that Court’s own legal aid system.’

Full story

UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Convention’s prohibition on discrimination may apply to pre-Human Rights Act wills: Chancery Court – UK Human Rights Blog

Posted March 31st, 2017 in adoption, human rights, interpretation, news, wills by tracey

‘Hand and Anor v George [2017] EWHC 533 (Ch) (17 March 2017). The Adoption of Children Act 1926 s.5(2) had the effect that adopted children were not treated as “children” for the purposes of testamentary dispositions of property. The continuing application of this provision was a breach of the rights guaranteed by Article 14 in combination with Article 8 of the Convention. Therefore, the contemporary version of that provision, Adoption Act 1976 Sch.2 para.6, had to be read down so as to uphold the right not to be discriminated against.’

Full story

UK Human Rights Blog, 30th March 2017

Source: www.ukhumanrightsblog.com

Supreme Court refuses to hear case on council tax position where tenant moves out – Local Government Lawyer

Posted March 31st, 2017 in council tax, landlord & tenant, local government, news by tracey

‘The Supreme Court has refused to grant Leeds City Council permission to appeal a key ruling over whether landlords are responsible for paying council tax on a property when a tenant has moved out before the tenancy agreement has formally ended.’

Full story

Local Government Lawyer, 30th March 2017

Source: www.localgovernmentlawyer.co.uk

Supreme Court rejects narrow approach to LASPO transitional provisions on success fees and ATE – Litigation Futures

Posted March 31st, 2017 in appeals, costs, fees, insurance, news, Supreme Court, time limits by tracey

‘The Supreme Court has allowed the recovery of a pre-LASPO success fee and after-the-event (ATE) premium where the conditional fee agreement (CFA) and insurance had to be extended after 1 April 2013 to cover appeals.’

Full story

Litigation Futures, 29th March 2017

Source: www.litigationfutures.com

Some landlords getting away with “very high” hidden fees in retirement properties – Law Commission

Posted March 31st, 2017 in elderly, fees, landlord & tenant, leases, press releases by tracey

‘Older people who have moved into retirement leasehold properties could be being hit with unfair fees worth thousands of pounds, according to the Law Commission.’

Full press release

Law Commission, 31st March 2017

Source: www.justice.gov.uk/lawcommission

Home Secretary statement: meeting with Communication Service Providers – Home Office

Posted March 31st, 2017 in internet, press releases, terrorism by tracey

‘Home Secretary Amber Rudd has given a statement following her meeting today with Communication Service Providers.’

Full press release

Home Office, 30th March 2017

Source: www.gov.uk/home-office

City watchdog fines banker for using WhatsApp in industry first – Daily Telegraph

Posted March 31st, 2017 in banking, confidentiality, financial regulation, fines, news by tracey

‘The UK’s financial watchdog has fined a former investment banker more than £37,000 after he used WhatsApp to leak information and “impress” a friend.’

Full story

Daily Telegraph, 30th March 2017

Source: www.telegraph.co.uk

Son of Greggs founder jailed for more than 13 years for child sex abuse – The Guardian

Posted March 31st, 2017 in child abuse, news, sentencing, sexual offences by tracey

‘The son of the founder of the Greggs bakers chain has been jailed for 13-and-a-half years after being branded a “sophisticated, predatory paedophile” by a judge.’

Full story

The Guardian, 13th March 2017

Source: www.guardian.co.uk

Medic suspended for ‘dishonesty’ over Ebola temperature – BBC News

Posted March 31st, 2017 in disciplinary procedures, doctors, news by tracey

‘A doctor who misled other medics about Pauline Cafferkey – a nurse who developed the Ebola virus – has been suspended from practising for a month.’

Full story

BBC News, 30th March 2017

Source: www.bbc.co.uk

Gambling Commission delivers damning verdict on dispute procedures – The Guardian

Posted March 31st, 2017 in complaints, dispute resolution, gambling, news by tracey

‘The Gambling Commission, which regulates all betting and gaming in the UK, has delivered a damning verdict on the gambling industry’s procedures for resolving complaints and disputes and warned that operators must act now to halt a sharp decline in the number of customers who believe gambling “is fair and can be trusted”.’

Full story

The Guardian, 30th March 2017

Source: www.guardian.co.uk

Man terminally ill with motor neurone disease loses court bid to change law on assisted dying – Daily Telegraph

Posted March 31st, 2017 in assisted suicide, judicial review, news by tracey

‘A man with terminal motor neurone disease says he will appeal against a High Court decision not to allow him to challenge the law on assisted dying.’

Full story

Daily Telegraph, 30th March 2017

Source: www.telegraph.co.uk

Inmate dies after prison officers kept him in wrist locks as he ‘foamed at the mouth’, jury finds – The Independent

Posted March 31st, 2017 in death in custody, inquests, news, prison officers, prisons, restraint by tracey

‘An inmate died after prison officers used unlawful force against him, a jury has found.’

Full story

The Independent, 30th March 2017

Source: www.independent.co.uk

Dozens of alleged hacking victims join action against Sun publisher – The Guardian

Posted March 31st, 2017 in compensation, interception, media, news, telecommunications by tracey

‘New claims bring number of people taking action against News UK over allegations their phones were hacked to around 50.’

Full story

The Guardian, 30th March 2017

Source: www.guardian.co.uk

Christian nurse sacked for offering to pray with patients was just showing ‘compassion’, tribunal hears – Daily Telegraph

Posted March 31st, 2017 in Christianity, disciplinary procedures, news, nurses by tracey

‘A Christian nurse who was fired for offering to pray with patients before surgery was simply showing “compassion”, a tribunal heard.’

Full story

Daily Telegraph, 30th March 2017

Source: www.telegraph.co.uk

Top tech firms avoid encryption issue in government talks – The Guardian

Posted March 31st, 2017 in encryption, internet, news, terrorism by tracey

‘Leading tech firms have promised to work closely with the government to remove extremist material from the internet and social media following a meeting with the home secretary, Amber Rudd.’

Full story

The Guardian, 30th March 2017

Source: www.guardian.co.uk

Teacher who clipped rowdy pupil with book wins battle to save career – Daily Telegraph

Posted March 31st, 2017 in disciplinary procedures, news, teachers by tracey

‘A teacher who clipped a rowdy pupil with a book has won a battle to save her career after a court heard losing her would be a “loss”.’

Full story

Daily Telegraph, 31st March 2017

Source: www.telegraph.co.uk

Drivers given taxi licences despite criminal convictions – BBC News

Posted March 31st, 2017 in criminal records, licensing, news, taxis by tracey

‘Hundreds of taxi drivers have been granted licences despite declaring criminal convictions for sex offences, burglary and assault, figures show.’

Full story

BBC News, 31st March 2017

Source: www.bbc.co.uk

Baby girl who was unborn when father was killed in police chase to sue police force in legal first – Daily Telegraph

Posted March 31st, 2017 in children, compensation, dangerous driving, news, police by tracey

‘A three-month-old baby is to become the youngest person ever to sue a police force after her father was killed in a police chase before she was born, in a case that could set a legal precedent.’

Full story

Daily Telegraph, 30th March 2017

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 30th, 2017 in legislation by sally

The Non-Domestic Rating (Rates Retention) and (Levy and Safety Net) (Amendment) Regulations 2017

The Enactment of Extra-Statutory Concessions Order 2017

The Taxes (Base Erosion and Profit Shifting) (Country-by-Country Reporting) (Amendment) Regulations 2017

The Electricity and Gas (Internal Markets) Regulations 2017

The School Governance (Constitution and Federations) (England) (Amendment) Regulations 2017

The Town and Country Planning (Blight Provisions) (England) Order 2017

Source: www.legislation.gov.uk