23/11/2017 – Current Awareness

BAILII: Recent Decisions

Posted November 23rd, 2017 in law reports by sally

Court of Appeal (Civil Division)

Privacy International, R (On the Application Of) v [2017] EWCA Civ 1868 (23 November 2017)
HK (Iraq) & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWCA Civ 1871 (23 November 2017)
Caspian Pizza Ltd & Ors v Shah & Anor [2017] EWCA Civ 1874 (23 November 2017)
Premier Motorauctions Ltd & Anor v Pricewaterhousecoopers LLP & Anor [2017] EWCA Civ 1872 (23 November 2017)
CCA Distribution Ltd v Revenue And Customs [2017] EWCA Civ 1899 (23 November 2017)
T (A Child) [2017] EWCA Civ 1889 (23 November 2017)
Roszkowski v Secretary of State for the Home Department [2017] EWCA Civ 1893 (23 November 2017)
Willow v The Information Commissioner Ministry of Justice [2017] EWCA Civ 1876 (22 November 2017)
EE Ltd v Office of Communications & Ors [2017] EWCA Civ 1873 (22 November 2017)
Monarch Airlines Ltd, R (on the application of) v Airport Coordination Ltd [2017] EWCA Civ 1892 (22 November 2017)
SCF Tankers Ltd & Ors v Privalov & Ors [2017] EWCA Civ 1877 (21 November 2017)
London Borough of Haringey v Ahmed & Anor [2017] EWCA Civ 1861 (21 November 2017)
Williams v Hawkes [2017] EWCA Civ 1846 (21 November 2017)

High Court (Administrative Court)

High Court (Chancery Division)

High Court (Commercial Court)

Shaw & Anor v Breish & Ors [2017] EWHC 2972 (Comm) (21 November 2017)

High Court (Family Division)

X (A Child) (Female Genital Mutilation Protection Order : Restrictions on Travel) [2017] EWHC 2898 (Fam) (15 November 2017)

High Court (Patents Court)

Illumina, Inc v Premaitha Health Plc [2017] EWHC 2930 (Pat) (21 November 2017)

High Court (Queen’s Bench Division)

Source: www.bailii.org

Expert Shopping Considered Again – by Fiona Ross – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, expert witnesses, news, personal injuries by sally

‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’

Park Square Barristers, 22nd November 2017

Source: www.parksquarebarristers.co.uk

The expansion of Vicarious Liability: Armes v Nottinghamshire County Council [2017] UKSC 60 – Park Square Barristers

Posted November 23rd, 2017 in appeals, fostering, local government, news, Supreme Court, vicarious liability by sally

‘In determining whether to impose vicarious liability the court has to consider what sort of relationship has to exist between an individual and a defendant before the defendant can be made vicariously liable in tort for the conduct of that individual? (The first requirement) A classic example of a relationship which gives rise to vicarious liability is that of employer and employee.’

Park Square Barristers, 9th November 2017

Source: www.parksquarebarristers.co.uk

Pleadings & Fundamental Dishonesty – By Andrew Wilson – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, costs, fundamental dishonesty, news, pleadings by sally

‘On 30th October 2017, the Court of Appeal finally settled whether fundamental dishonesty needs to pleaded before a Defendant can rely on CPR 44.16(1) to set aside QUOCS.’

Park Square Barristers, 3rd November 2017

Source: www.parksquarebarristers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 23rd, 2017 in legislation by sally

The Digital Economy Act 2017 (Commencement No. 2) Regulations 2017

The Armed Forces Act 2016 (Commencement No. 1) Regulations 2017

The Non-Domestic Rating (Renewable Energy Projects) (Amendment) Regulations 2017

The Air Navigation (Amendment) Order 2017

The North Korea (United Nations Sanctions) (Amendment) (No. 2) Order 2017

The Marshall Scholarships Order 2017

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 3) Order 2017

The Mali (Sanctions) (Overseas Territories) Order 2017

The Cultural Test (Television Programmes) (Amendment) Regulations 2017

The War Pensions Committees (Amendment) Regulations 2017

Source: www.legislation.gov.uk

Duty to hold (or reopen a suspended Inquest) – by Judy Dawson – Park Square Barristers

Posted November 23rd, 2017 in criminal justice, homicide, inquests, news, trials by sally

‘Both the deceased and her daughter were under the care of the Oxford Health NHS Foundation Trust due to mental illness issues. There had been a series of incidences in which the daughter was found to have been violent or threatening to specifically her Mother and also to police officers and other carers which culminated in her being admitted to hospital pursuant to section 2 of the Mental Health Act 1983. She subsequently escaped and was then returned to hospital. A decision was made to move her to an open ward from which she absconded again and went missing, subsequently being discovered to be back at her Mother’s house. Concerns were raised between the hospital and the police about the welfare of her Mother in such circumstances and there appeared to be a dispute about the responsibility of the two authorities to act. After further concerns were raised by other family members about the disappearance of the Mother, police attended at the home and discovered the Mother’s body; her daughter was arrested in connection with her death.’

Park Square Barristers, 2nd November 2017

Source: www.parksquarebarristers.co.uk

Data breach management: how not to do it – Technology Law Blog

Posted November 23rd, 2017 in computer crime, data protection, disclosure, news by sally

‘The theft of personal data by malicious employees or third parties does not have to be a disaster. With appropriate PR and legal advice, and proactive engagement and input from senior management, an organisation can minimise the negative consequences and may even be able to strengthen client relationships. The key is transparency – you to need to own the breach, and demonstrate a proactive, strong response.’

Technology Law Blog, 23rd November 2017

Source: www.technology-law-blog.co.uk

‘Significantly More Vulnerable’: The Court of Appeal Explains – Garden Court Chambers

Posted November 23rd, 2017 in appeals, contracting out, equality, homelessness, housing, judgments, local government, London, news, statutory interpretation by sally

‘At [53] of Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, Lord Neuberger explained that whether or not a homeless applicant was ‘vulnerable’ within the meaning of s189(1)(c) Housing Act 1996 required consideration of whether he or she would be ‘significantly more vulnerable than ordinarily vulnerable’ as a result of being rendered homeless. In the conjoined appeals of Panayiotou and Smith, the Court of Appeal considered the meaning of the word ‘significantly’ in this context as well as a number of issues relating to the contracting out of homelessness decision making in instances where the public sector equality duty under s149 Equality Act 2010 is engaged.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

When no means no: time limits that cannot be extended, even if non-compliance is outside your control – The 36 Group

Posted November 23rd, 2017 in appeals, landlord & tenant, local government, news, repossession, time limits by sally

‘Harris v London Borough of Hounslow [2017] EWCA Civ 1476 is a warning to all secure tenants that face eviction under the new absolute grounds for possession: you must comply with the 7-day statutory time limit to request a review even, it seems, if you can’t.’

The 36 Group, 23rd October 2017

Source: 36group.co.uk

The FA v Cellino – Behind the headlines – Blackstone Chambers

Posted November 23rd, 2017 in agency, fines, news, regulations, sport by sally

‘Almost a year since the case was heard before an FA Regulatory Commission, the final decision in the case of The FA v Massimo Cellino has been published.’

Blackstone Chambers, 6th November 2017

Source: www.sportslawbulletin.org

Michalak v General Medical Council – Blackstone Chambers

Posted November 23rd, 2017 in appeals, disability discrimination, doctors, employment tribunals, news, race discrimination, sex discrimination, Supreme Court by sally

‘The Supreme Court has decided that a doctor is not prevented from suing the GMC in the Employment Tribunal (“ET”) under the Equality Act 2010 (“2010 Act”) by the availability of judicial review.’

Blackstone Chambers, 1st November 2017

Source: www.blackstonechambers.com

The Durand Academy Case and Regulatory Fairness – Blackstone Chambers

Posted November 23rd, 2017 in appeals, complaints, education, news, reports by sally

‘Durand Academy is a large school in Lambeth, serving a diverse community that has a high percentage of BAME families.’

Blackstone Chambers, 17th November 2017

Source: www.blackstonechambers.com

Computer Imaging and Inspection for Misuse of Confidential Information: Cox V Spencer [2017] EWHC 2552 (QB) – Blackstone Chambers

Posted November 23rd, 2017 in computer programs, contracting out, costs, investigatory powers, news by sally

‘The High Court granted a computer imaging order permitting an independent IT expert to investigate the Defendant’s computer and external hard drive to see if they contained the Claimant’s confidential information.’

Blackstone Chambers, 13th November 2017

Source: www.employeecompetition.com

A Case of Little Interest? The Supreme Court’s Judgment in Littlewoods – Blackstone Chambers

Posted November 23rd, 2017 in appeals, HM Revenue & Customs, interest, news, Supreme Court, time limits, VAT by sally

‘The Supreme Court (‘SC’) on 1 November 2017 handed down judgment in Littlewoods Ltd and others v. HMRC [2017] UKSC 70. In a judgment of Lords Reed and Hodge (with whom Lords Neuberger, Clarke and Carnwath) agreed, the SC has unanimously allowed HMRC’s appeal against the decisions below of both Henderson J and the Court of Appeal (Arden, Patten and Floyd LJJ). The headline grabbing outcome is that approximately £17 billion of compound interest does not have to be paid by the Revenue to taxpayers who overpaid VAT and made Fleming claims for recovery. But the SC’s reasoning is of much wider interest.’

Blackstone Chambers, 2nd November 2017

Source: www.blackstonechambers.com

Privacy International v Investigatory Powers Tribunal – Blackstone Chambers

Posted November 23rd, 2017 in appeals, investigatory powers, news, privacy, tribunals by sally

‘The Court of Appeal has held that decisions of the Investigatory Powers Tribunal are immune from judicial review, as a result of the effect of a statutory ‘ouster’ clause in the Regulation of Investigatory Powers Act 2000.’

Blackstone Chambers, 23rd November 2017

Source: www.blackstonechambers.com

UK government publishes post-Brexit customs legislation – OUT-LAW.com

Posted November 23rd, 2017 in bills, customs and excise, news, sale of goods, taxation, VAT by sally

‘Legislation that will underpin the UK’s standalone post-Brexit customs regime has been published by the government.’

OUT-LAW.com, 22nd November 2017

Source: www.out-law.com

The limits of protest and free speech – Legal Action

Posted November 23rd, 2017 in abortion, demonstrations, freedom of expression, harassment, news, public order by sally

‘Steve Hynes discusses the controversy surrounding anti-abortion protests outside an abortion clinic in west London and its possible implications for human rights law.’

Legal Action, November 2017

Source: www.lag.org.uk

Local Authority Decisions on Level of Fees They Will Pay For Residential Care Under National Assistance Act 1948 (Pre-Care Act 2014) – Garden Court Chambers

Posted November 23rd, 2017 in local government, news, residential care, statutory duty, statutory interpretation by sally

‘This case concerned care costs for residential care homes and Local authorities’ powers and duties. In summary the Court of Appeal held by a majority that there was nothing in the applicable guidance that precluded a local authority from taking account of certain revenue streams (namely private fees, top-up payments and support from the NHS) when making the evaluative judgment of what it would expect to pay for residential care for the elderly.’

Garden Court Chambers, 10th November 2017

Source: www.gardencourtchambers.co.uk

The Problem of Iago: Whistleblowing and Tainted Information Part 1 – Littleton Chambers

Posted November 23rd, 2017 in appeals, constructive dismissal, employment, employment tribunals, news, whistleblowers by sally

‘“Tainted information”, or “Iago”, cases, in which employers are manipulated into dismissing employees by their co-workers, have thrown up difficult questions for Tribunals in both whistleblowing and discrimination claims. The latest guidance has been given in two recent cases: Royal Mail Ltd v Jhuti [2017] EWCA Civ 1632 and International Petroleum Ltd v Osipov [2017] UKEAT/0058/17.’

Littleton Chambers, 22nd November 2017

Source: www.littletonchambers.com

John Bowers QC on Employment Law – Littleton Chambers

Posted November 23rd, 2017 in contract of employment, employment, news, taxis by sally

‘The following commentary is the latest in a series of Employment Law blog posts by John Bowers QC.’

Littleton Chambers, 20th November 2017

Source: www.littletonchambers.com

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