Day: 22 June 2017

BAILII: Recent Decisions

Posted June 22nd, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 (21 June 2017)

Bayerische Motoren Werke Aktiengesellschaft v Technosport London Ltd & Anor [2017] EWCA Civ 779 (21 June 2017)

High Court (Administrative Court)

C, R (on the application of) v The London Borough of Islington [2017] EWHC 1441 (Admin) (21 June 2017)

Rahman, R (On the Application Of) v The Local Government Election Court [2017] EWHC 1413 (Admin) (21 June 2017)

High Court (Chancery Division)

Astex Therapeutics Ltd v Astrazeneca AB [2017] EWHC 1442 (Ch) (21 June 2017)

Takeda Pharmaceutical Company Ltd v Fougera Sweden Holding 2 AB [2017] EWHC 1402 (Ch) (21 June 2017)

High Court (Family Division)

ND v SD & Ors [2017] EWHC 1507 (Fam) (21 June 2017)

Court (Queen’s Bench Division)

Hertfordshire County Council v Davies [2017] EWHC 1488 (QB) (21 June 2017)

High Court (Technology and Construction Court)

Mailbox (Birmingham) Ltd v Galliford Try Building Ltd [2017] EWHC 1405 (TCC) (21 June 2017)

Lobo v Corich & Anor [2017] EWHC 1438 (TCC) (21 June 2017)

Source: www.bailii.org

Prison reform: open letter from the Justice Secretary – Ministry of Justice

Posted June 22nd, 2017 in news, press releases, prisons by tracey

‘Justice Secretary David Lidington sets out the essential reforms under way to make prisons places of safety and reform.’

Full Story

Ministry of Justice, 21st June 2017

Source: www.gov.uk

Council agrees £13m payout to family of boy injured at swimming pool – Local Government Lawyer

Posted June 22nd, 2017 in compensation, local government, negligence, news, personal injuries by tracey

‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’

Full Story

Local Government Lawyer, 21st June 2017

Source: localgovernmentlawyer.co.uk

Jackson to pilot £80,000 costs cap for some cases worth up to £250,000 – Litigation Futures

Posted June 22nd, 2017 in costs capping orders, news, pilot schemes by tracey

‘The work on extending fixed recoverable costs (FRC) is going to start with a pilot to test capping costs at £80,000 for claims up to £250,000 in a limited number of courts, it has emerged.’

Full Story

Litigation Futures, 22nd June 2017

Source: www.litigationfutures.com

“Massive memory test” preventing Bar students from understanding ethical values – Legal Futures

Posted June 22nd, 2017 in barristers, diversity, examinations, legal education, money laundering, news, professional conduct by tracey

‘Bar students are struggling to understand ethical values because of the “massive memory test” awaiting them in the examination room, a senior lecturer has claimed.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

High Court overturns dishonesty finding against solicitor due to “serious procedural irregularities” – Legal Futures

Posted June 22nd, 2017 in disciplinary procedures, misrepresentation, news, professional conduct, solicitors, valuation by tracey

‘The High Court has overturned a finding of dishonesty made by the Solicitors Disciplinary Tribunal (SDT) against a prominent solicitor because the allegation was not tested during the hearing – which the court called a “serious procedural irregularity”.’

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Legal Futures, 22nd June 2017

Source: www.legalfutures.co.uk

Queen’s Speech confirms that unfair rules on logbook loans are being sent to the scrapheap – Law Commission

Posted June 22nd, 2017 in bills, loans, news, parliament, press releases, repossession by tracey

‘The Law Commission welcomes plans outlined in today’s Queen Speech to close a legal loophole which means buyers of second-hand vehicles are at risk of having them repossessed due to unfair logbook loans.’

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Law Commission, 21st June 2017

Source: www.lawcom.gov.uk

Bar Council cautions over online guilty pleas – The Bar Council

Posted June 22nd, 2017 in barristers, electronic filing, guilty pleas, news, press releases by tracey

‘Using a smartphone to plead guilty to a criminal offence may seem convenient, but the Bar Council has warned that Government plans to roll out online pleas, outlined in today’s Queen’s Speech, risk down-playing potentially serious consequences for defendants.’

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The Bar Council, 21st June 2017

Source: www.barcouncil.org.uk

Queen’s speech confirms whiplash reform and court modernisation – Law Society’s Gazette

Posted June 22nd, 2017 in bills, courts, electronic filing, news, parliament, personal injuries by tracey

‘Fresh reforms to personal injury claims are back on the agenda following today’s Queen’s speech. The government’s slimmed-down wishlist of legislation includes a Civil Liability Bill to address the ‘compensation culture’ around motor insurance claims.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Costs: Appeal court backs Merrix stance on budget status – Law Society’s Gazette

Posted June 22nd, 2017 in budgets, civil procedure rules, costs, news, proportionality by tracey

‘An approved budget cannot be re-opened by a costs judge at detailed assessment unless there is “good reason” to do so, the Court of Appeal held today in a much-awaited ruling in Harrison v University Hospitals Coventry & Warwickshire NHS Trust.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

UK hacker exploits online bank loophole to steal £100,000 – BBC News

Posted June 22nd, 2017 in banking, computer crime, fraud, news, sentencing by tracey

‘A UK hacker has been jailed for stealing almost £100,000 from a bank by exploiting a bug in the bank’s online banking system.’

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BBC News, 21st June 2017

Source: www.bbc.co.uk

SFO granted a reprieve from plans to scrap it a day after Barclays charges – Daily Telegraph

Posted June 22nd, 2017 in banking, fraud, news, prosecutions, Serious Fraud Office by tracey

‘The Serious Fraud Office appears to have been granted a reprieve from plans to abolish it in a U-turn that came just a day after the organisation targeted Barclays with the first criminal charges ever brought against a bank over the financial crisis. Controversial proposals in the Conservative manifesto to fold the SFO into the National Crime Agency were quietly dropped from the Queen’s Speech on Wednesday.’

Full Story

Daily Telegraph, 21st June 2017

Source: www.telegraph.co.uk

Man and daughter jailed for killing neighbour over burst football – BBC News

Posted June 22nd, 2017 in homicide, news, sentencing by tracey

‘A father and daughter who launched a fatal attack on a neighbour who punctured a child’s football have each been jailed for seven years.’

Full Story

BBC News, 21st June 2017

Source: www.bbc.co.uk

Queen’s Speech: Chief Inspector of Prisons expresses fury after penal reform dropped from agenda – The Independent

Posted June 22nd, 2017 in bills, news, parliament, prisons by tracey

‘The Chief Inspector of Prisons has expressed fury and disappointment after the Government’s commitment to prison reform, which was given high prominence in 2016, was omitted from the Queen’s Speech.’

Full Story

The Independent, 21st June 2017

Source: www.independent.co.uk