07/04/2017 – Current Awareness

BAILII: Recent Decisions

Posted April 7th, 2017 in law reports by tracey

Supreme Court

Isle of Wight Council v Platt [2017] UKSC 28 (6 April 2017)

AB v Her Majesty’s Advocate [2017] UKSC 25 (5 April 2017)

Essop & Ors v Home Office (UK Border Agency) [2017] UKSC 27 (5 April 2017)

Volkswagen Financial Services (UK) Ltd v Revenue and Customs (5 April 2017)

High Court (Queen’s Bench Division)

Stunt v Associated Newspapers Ltd [2017] EWHC 695 (QB) (06 April 2017)

Cleeves v University of Oxford [2017] EWHC 702 (QB) (05 April 2017)

High Court (Technology and Construction Court)

Aecom Design Build Ltd v Staptina Engineering Services Ltd [2017] EWHC 723 (TCC) (05 April 2017)

RCS Contractors Ltd v Conway [2017] EWHC 715 (TCC) (04 April 2017)

Source: www.bailii.org

Drug company’s use of trade mark rights to restrict rival imports legitimate, rules Court of Appeal – OUT-LAW.com

Posted April 7th, 2017 in medicines, news, trade marks by tracey

‘A drug company was entitled to rely on its trade mark rights to stop two businesses from importing into the UK the same product as it sold on the basis that the rivals’ product would be sold under the drug company’s name, the Court of Appeal in London has ruled.’

OUT-LAW.com, 6th April

Source: www.out-law.com

The government’s ‘English votes for English laws’ review: an assessment – UCL Constitution Unit

Posted April 7th, 2017 in constitutional law, devolution, news, parliament, reports, veto by tracey

‘Last Thursday the government published its technical review of the operation of the “English votes for English laws” (EVEL) procedures in the House of Commons. The review concluded against making “any substantive changes”. Daniel Gover and Michael Kenny argue that this is a missed opportunity. The decision to close down this chance for parliament to engage in meaningful debate about the EVEL system is regrettable, and may prove to be short-sighted.’

UCL Constitution Unit, 5th April 2017

Source: www.ucl.ac.uk/constitution-unit

Regency Villas v Diamond Resorts: “Sport is not a matter of ‘mere recreation or amusement’, it’s more important than that.” – Sports Law Bulletin from Blackstone Chambers

Posted April 7th, 2017 in easements, news, sport by tracey

‘Anyone looking for a judicial discussion of the importance of sport in modern life might not immediately think of looking in a judgment on the law of easements. But that is what the Court of Appeal has given us in Regency Villas Title Ltd v Diamond Resorts (Europe) Ltd [2017] EWCA Civ 238, which concerns the grant of rights to use various sports and recreational facilities in a leisure complex.’

Sports Law Bulletin from Blackstone Chambers, 7th April 2017

Source: www.sportslawbulletin.org

Solicitor and firm fined in first criminal prosecution by Pensions Regulator – Legal Futures

Posted April 7th, 2017 in fines, law firms, news, pensions, prosecutions, solicitors by tracey

‘A solicitor and the firm where he is a partner have been ordered to pay more than £16,000 in fines and costs for refusing to give documents to The Pensions Regulator (TPR) which were required as part of a wider investigation.’

Legal Futures, 7th April 2017

Source: www.legalfutures.co.uk

New powers to tackle illegal working in licensed premises – Home Office

Posted April 7th, 2017 in immigration, licensed premises, licensing, press releases by tracey

‘New powers to prevent illegal working in premises that sell alcohol or provide late night refreshment have come into force in England and Wales today.’

Full press release

Home Office, 6th April 2017

Source: www.gov.uk/home-office

Con man convicted of wine fraud – Crown Prosecution Service

Posted April 7th, 2017 in Crown Prosecution Service, fraud, press releases by tracey

‘A con man who tricked his girlfriend and others out of £100,000 by pretending he was a successful international businessman has been found guilty of 22 counts of fraud.’

Full press release

Crown Prosecution Service, 6th April 2017

Source: www.cps.gov.uk

Judge disciplined over speech saying racism ‘alive and well’ in judiciary – The Guardian

Posted April 7th, 2017 in disciplinary procedures, judges, news, racism by tracey

‘Peter Herbert, a part-time judge and chair of the Society of Black Lawyers, has been disciplined by the Judicial Conduct Investigations Office for making a public speech on a political issue.’

The Guardian, 6th April 2017

Source: www.guardian.co.uk

Babies deserve flight delay compensation too, court finds – Daily Telegraph

Posted April 7th, 2017 in airlines, children, compensation, delay, news by tracey

‘Babies deserve flight delay compensation too, a judge has ruled, in a decision that is worth an estimated £10million a year to air passengers.’

Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

You’ve got bail: judge lets lawyer off over beeping phone – The Guardian

Posted April 7th, 2017 in courts, internet, judiciary, news, telecommunications by tracey

‘The sudden trilling of a mobile phone amid the solemn atmosphere of a court hearing often leads to stern glances from the bench and cringing embarrassment from the offender. But Mr Justice Holman, one of the longest-serving high court judges in England and Wales, responded to an electronic interruption from one lawyer’s device in the family court on Thursday with compassionate forbearance.’

The Guardian, 6th April 2017

Source: www.guardian.co.uk

Millionaire mistress put up posters claiming her lover was a paedophile in bid to make his wife leave him – Daily Telegraph

Posted April 7th, 2017 in harassment, news, restraining orders, sentencing by tracey

‘When businessman Andrew Nelson first met care home tycoon Yvonne Graham he could not have envisaged their relationship would come to resemble the plot of the Hollywood thriller Fatal Attraction.’

Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

Government unveils eight-page ‘rape assessment form’ for mothers hit by tax credit cuts – The Independent

Posted April 7th, 2017 in benefits, news, rape, taxation by tracey

‘Women who have a child conceived due to rape will have to fill in an eight-page form to prevent the Government from withdrawing their tax credits.’

The Independent, 6th April 2017

Source: www.independent.co.uk

‘Homemaker’ ex-wife of Laura Ashley boss wins a third of his £200m fortune after bitter divorce battle – Daily Telegraph

Posted April 7th, 2017 in divorce, financial provision, news by tracey

‘A former Malaysian beauty queen has been awarded a £64 million divorce payout after a bitter legal battle which her lawyer has described as a victory for the “home maker”. A High Court judge ruled yesterday that Pauline Chai should receive the huge settlement – one of the largest in history – after 42 years’ marriage to the chairman of the Laura Ashley fashion business.’

Daily Telegraph, 6th April 2017

Source: www.telegraph.co.uk

School compensation payouts include blindfold mishap and whiteboard accident – BBC News

Posted April 7th, 2017 in accidents, child abuse, compensation, news, personal injuries, school children by tracey

‘Pupil mishaps including a blindfolded child running into a goalpost and pupil hit by a cricket ball have cost schools £7m in three years, it has emerged. Figures obtained by the BBC reveal an apparent doubling in school payouts from £1.65m in 2014 to £3.45m in 2016.’

BBC News, 7th April 2017

Source: www.bbc.co.uk

Child sex exploitation report suggests taxi driver database – BBC News

Posted April 7th, 2017 in child abuse, criminal records, news, reports, sexual offences, taxis by tracey

‘A national database of licensed taxi drivers should be introduced to make it easier to spot those with a criminal past, according to a review into child sex exploitation. The serious case review examined all the reports of child sex exploitation in Buckinghamshire since 1998.’

BBC News, 7th April 2017

Source: www.bbc.co.uk

Bereaved families bring case against government over prisoner suicides – The Guardian

Posted April 7th, 2017 in death in custody, judicial review, news, prisons, suicide by tracey

‘Relatives of prisoners at HMP Woodhill who have taken their own lives are to bring a legal challenge against the institution’s governor and the justice secretary for allegedly failing to introduce basic safety measures. Eighteen prisoners have killed themselves at the jail in Milton Keynes since early 2013 despite repeated recommendations and guidance from coroners’ reports and official bodies that investigate deaths in custody.’

The Guardian, 7th April 2017

Source: www.guardian.co.uk

Driver cleared over cyclist’s death after crowdfunded case – The Guardian

Posted April 7th, 2017 in bicycles, careless driving, news, private prosecutions by tracey

‘A woman accused of knocking down and killing a cyclist has been cleared of careless driving following a crowdfunded private prosecution.’

The Guardian, 6th April 2017

Source; www.guardian.co.uk

Dead man’s child sexual abuse convictions overturned – BBC News

Posted April 7th, 2017 in appeals, child abuse, news, sexual offences, suicide by tracey

‘Appeal judges have overturned the child sex abuse conviction of a former Sussex boarding school worker who killed himself before the end of his trial.’

BBC News, 6th April 2017

Source: www.bbc.co.uk

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