04/08/2017 – Current Awareness

BAILII: Recent Decisions

Posted August 4th, 2017 in law reports by sally

Court of Appeal (Civil Division)

IBM United Kingdom Holdings Ltd & Anor v Dalgleish & Ors [2017] EWCA Civ 1212 (03 August 2017)

High Court (Chancery Division)

High Court (Family Division)

Source: www.bailii.org

Supreme Court rules on contractor’s liability for design – OUT-LAW.com

Posted August 4th, 2017 in construction industry, contracts, energy, guarantees, news by sally

‘A warranty provided by construction company MT Hojgaard (MTH) that the underlying works would have a service life of 20 years took precedence over conflicting terms in the contract, including adherence to industry standards, the UK’s highest court has ruled.’

OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

The sale of ‘grey goods’ can attract criminal penalties under trade mark law, rules UK Supreme Court – OUT-LAW.com

Posted August 4th, 2017 in news, parallel imports, penalties, third parties, trade marks by sally

‘Criminal penalties can be imposed on businesses that engage in the sale of so-called ‘grey goods’, the UK Supreme Court has ruled.’

OUT-LAW.com, 3rd August 2017

Source: www.out-law.com

Extremists on campus – UK Human Rights Blog

Posted August 4th, 2017 in freedom of expression, hate crime, Islam, news, terrorism, universities by sally

‘The High Court has thrown out a number of challenges to the government’s efforts to prevent extremism on university platforms.’

UK Human Rights Blog, 4th August 2017

Source: ukhumanrightsblog.com

Court of Appeal: claimants cannot “blow hot and cold” with QOCS – Litigation Futures

Posted August 4th, 2017 in appeals, costs, fees, news by sally

‘Claimants cannot “blow hot and cold” with qualified one-way costs shifting (QOCS) by terminating one conditional fee agreement (CFA) and signing a new one just to get the benefit of costs protection, the Court of Appeal has ruled.’

Litigation Futures, 3rd August 2017

Source: www.litigationfutures.com

Senior judge attacks “ill-informed comments” about flexible court hours pilots – Local Government Lawyer

Posted August 4th, 2017 in courts, judges, news, pilot schemes, working time by sally

‘The Judge in Charge of Reform has expressed regret at “the extent of the widely-broadcast misunderstandings and ill-informed comments from a range of sources” on the Flexible Operating Hours Pilots.’

Local Government Lawyer, 4th August 2017

Source: www.localgovernmentlawyer.co.uk

High Court substitutes nine-month suspension after overturning solicitor’s strike-off – Legal Futures

Posted August 4th, 2017 in appeals, disciplinary procedures, news, solicitors by sally

‘The High Court has imposed a nine-month suspension on a senior solicitor after he successfully appealed his striking-off by the Solicitors Disciplinary Tribunal (SDT).’

Legal Futures, 4th August 2017

Source: www.legalfutures.co.uk

Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through – NIPC Law

Posted August 4th, 2017 in intellectual property, news, practice directions, pre-action conduct by sally

‘Until the Civil Procedure Rules (“CPR”) came into force in 1999 solicitors specializing in intellectual property law heralded litigation with an ultimatum called a letter before action. Written in haughty if not insulting terms and accompanied by a humiliating form of undertakings, they were intended to shock the recipient into submission. They rarely achieved the desired result. As often as not they were simply ignored. Occasionally, they were answered by a defiant response. As a result, a lot of actions were launched that could easily have been settled without recourse to litigation.’

NIPC Law, 2nd August 2017

Source: nipclaw.blogspot.co.uk

Subletting and defamation – a novel approach – Nearly Legal

Posted August 4th, 2017 in defamation, injunctions, landlord & tenant, news by sally

‘There is a queue of significant and serious cases waiting to be written up. For time and personal reasons, this may not happen for a while. Instead, here is an insignificant case of no wider importance, but possibly some entertainment value.’

Nearly Legal, 3rd August 2017

Source: nearlylegal.co.uk

Man jailed after wife of 10 years discovered he had been raping her in her sleep – The Independent

Posted August 4th, 2017 in married persons, news, rape, sentencing by sally

‘A man has been jailed for nine years after his wife of 10 years found videos on his phone showing him raping her as she slept.’

The Independent, 3rd August 2017

Source: www.independent.co.uk

Mother and boyfriend of five-month boy with ‘catastrophic brain injury’ found guilty of his death – Daily Telegraph

Posted August 4th, 2017 in causing death of children or vulnerable adults, domestic violence, news, sentencing by sally

‘A mum-of-nine and her boyfriend have been convicted of causing the death of her baby boy who suffered a “catastrophic” brain injury.’

Daily Telegraph, 3rd August 2017

Source: www.telegraph.co.uk

Judges increase breast surgeon’s sentence for needless operations – The Guardian

Posted August 4th, 2017 in appeals, doctors, news, sentencing, wounding by sally

‘Ian Paterson, the surgeon who performed unnecessary breast operations and made healthy patients believe they had cancer, has had his sentence increased to 20 years by the court of appeal.’

The Guardian, 3rd August 2017

Source: www.theguardian.com

‘Three Musketeer’ jihadis get life sentences for UK terror plot – BBC News

Posted August 4th, 2017 in conspiracy, news, sentencing, terrorism by sally

‘Three would-be jihadists who dubbed themselves the Three Musketeers have been jailed for life for plotting an attack on a police or military target.’

BBC News, 3rd August 2017

Source: www.bbc.co.uk

The Sun to pay ‘substantial damages’ to ex EastEnders boss – BBC News

Posted August 4th, 2017 in damages, defamation, media, news by sally

‘The Sun newspaper is to pay “substantial damages” to former EastEnders boss Sean O’Connor, after wrongly accusing him of bullying.’

BBC News, 4th August 2017

Source: www.bbc.co.uk

Voyeuristic clergyman spared jail as judge says he was ‘well-regarded’ by those he helped – Daily Telegraph

Posted August 4th, 2017 in news, sentencing, suspended sentences, voyeurism by sally

‘A “well-regarded” clergyman who filmed men using a public toilet in a shopping centre has been sentenced to a suspended four-month jail term.’

Daily Telegraph, 3rd August 2017

Source: www.telegraph.co.uk

Guildford pub bombings: ‘May be grounds to resume’ inquests – BBC News

Posted August 4th, 2017 in explosives, inquests, news, terrorism by sally

‘Lawyers involved in the reopened Birmingham pub bombings inquest are considering requesting the same to happen over IRA blasts in Guildford.’

BBC News, 4th August 2017

Source: www.bbc.co.uk

Judge warns of ‘blood on our hands’ if suicidal girl is forced out of secure care – The Guardian

Posted August 4th, 2017 in care orders, children, detention and training orders, hospitals, judges, news, suicide by sally

‘The nation will have “blood on its hands” if an NHS hospital bed cannot be found within days for a teenage girl who is at acute risk of taking her own life, according to the UK’s most senior family judge.’

The Guardian, 3rd August 2017

Source: www.theguardian.com

Ex-soldier jailed for disability benefits fraud after Kilimanjaro climb – The Guardian

Posted August 4th, 2017 in benefits, fraud, news, sentencing by sally

‘A former paratrooper who climbed Mount Kilimanjaro and won a triathlon while fraudulently claiming thousands of pounds in disability benefit has been jailed.’

The Guardian, 3rd August 2017

Source: www.theguardian.com

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