November 2017 – Page 13 – Current Awareness

BAILII: Recent Decisions

Posted November 20th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

HM Revenue and Customs v Répertoire Culinaire Ltd [2017] EWCA Civ 1845 (20 November 2017)

Shittu v The Home Office [2017] EWCA Civ 1748 (17 November 2017)

H (A Child : Surrogacy Breakdown) [2017] EWCA Civ 1798 (17 November 2017)

Secretary of State for the Home Department v FY (Somalia) [2017] EWCA Civ 1853 (17 November 2017)

High Court (Administrative Court)

Mellat v HM Treasury [2017] EWHC 2931 (Admin) (20 November 2017)

Miah, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2925 (Admin) (17 November 2017)

Supawan, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2918 (Admin) (17 November 2017)

Imam, R (on the application of) v Secretary of State for the Home Department [2017] EWHC 2917 (Admin) (17 November 2017)

High Court (Chancery Division)

The Secretary of State for Business, Innovation and Skills v Akbar & Ors [2017] EWHC 2856 (Ch) (16 November 2017)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov [2017] EWHC 2906 (Comm) (17 November 2017)

Dana Gas PJSC v Dana Gas Sukuk Ltd & Ors [2017] EWHC 2928 (Comm) (17 November 2017)

High Court (Queen’s Bench Division)

Alsaifi v Trinity Mirror Plc & Board of Directors & Anor [2017] EWHC 2873 (QB) (17 November 2017)

Source: www.bailii.org

MoJ reveals massive budget cut as new advice deserts open – Law Society’s Gazette

Posted November 20th, 2017 in budgets, legal aid, Ministry of Justice, news by tracey

‘The deeply worrying scale of the budgetary pressures bearing down on the Ministry of Justice is laid bare in new figures which will dampen already faint hopes of public funding reform. In a written parliamentary answer, justice minister Dominic Raab revealed that the MoJ will have suffered a cumulative 40% real terms cut in its budget over the fiscal decade ending in 2020.’

Law Society's Gazette, 20th November 2017

Source: www.lawgazette.co.uk

The revised Practice Direction 12J: Child Arrangements & Contact Order: Domestic Violence and Harm – Family Law Week

Posted November 20th, 2017 in child abuse, child arrangements orders, contact orders, domestic violence, family courts, news, practice directions by tracey

‘Marie Crawford, barrister of Becket Chambers, explains in detail the changes to Practice Direction 12J.’

Family Law Week, 17th November 2017

Source: www.familylawweek.co.uk

Divorcing parents who poison children against their former partner could lose custody – The Independent

Posted November 20th, 2017 in contact orders, custody, divorce, news by tracey

‘Divorcing parents could lose custody or be denied contact with their children if they attempt to poison them against their former partner, under the rules of a new pilot scheme.
The “groundbreaking” initiative, being trialled by the Children and Family Court Advisory and Support Service (Cafcass), is designed to tackle the problem officially known as “parental alienation” where one parent turns a child against the other so they do not want to see them.’

The Independent, 19th November 2017

Source: www.independent.co.uk

Police tsar admits Sir Edward Heath inquiry ‘flaws’ – Daily Telegraph

Posted November 20th, 2017 in child abuse, inquiries, news, police, sexual offences by tracey

‘The outcome of Wiltshire police’s investigation into Sir Edward Heath is “unsatisfactory”, the force’s own crime commissioner has admitted.’

Daily Telegraph, 18th November 2017

Source: www.telegraph.co.uk

Council bans care home’s £1 bingo competition and accuses OAPs of breaking illegal gambling laws – Daily Telegraph

Posted November 20th, 2017 in care homes, gambling, local government, news by tracey

‘Pensioners at a care home have had their £1 bingo competition banned after a council accused them of breaking the law against illegal gambling dens.’

Daily Telegraph, 19th November 2017

Source: www.telegraph.co.uk

Change law to protect gig economy workers, MPs’ report urges – The Guardian

Posted November 20th, 2017 in bills, news, select committees, self-employment by tracey

‘The government is under pressure to change the law to tackle bogus self-employment and protect workers in the gig economy after a report published on Monday by two influential parliamentary committees.’

The Guardian, 20th November 2017

Source: www.theguardian.com

Increase in disgruntled employees stealing confidential customer data – Daily Telegraph

Posted November 20th, 2017 in contract of employment, data protection, news, statistics, theft by tracey

‘The number of High Court cases involving employees stealing confidential data has increased by 25pc in a year, according to new figures.’

Daily Telegraph, 20th November 2017

Source: www.telegraph.co.uk

MI5 and police cleared of any liability over terror attacks in UK – The Guardian

Posted November 20th, 2017 in inquiries, intelligence services, news, police, terrorism by tracey

‘Official reviews will clear MI5 and the police of making serious mistakes that allowed terrorists to strike Britain in four attacks this year, the Guardian has learned.’

The Guardian, 19th November 2017

Source: www.theguardian.com

Surrogate mother who changed her mind must hand baby to gay couple, court rules – Daily Telegraph

Posted November 20th, 2017 in custody, news, surrogacy by tracey

‘A surrogate mother has lost custody of her child after a court ruled he would be better placed with the gay couple who arranged for her to have the baby.’

Daily Telegraph, 17th November 2017

Source: www.telegraph.co.uk

Drug addicts selling heroin to feed their habit ‘will not face prosecution’, Durham Police chief says – The Independent

Posted November 20th, 2017 in drug offences, news, prosecutions by tracey

‘Drug addicts who sell heroin to other users will not face prosecution under a new scheme, a police chief has said. Durham Police Chief Constable Mike Barton said those found in possession of drugs, including class A narcotics cocaine and heroin, would not go before a court if they agreed to go on a four-month programme.’

The Independent, 19th November 2017

Source: www.independent.co.uk

Supreme Court rejects appeal by Zambrano carer over provision – Local Government Lawyer

Posted November 17th, 2017 in benefits, carers, children, EC law, housing, human rights, news, Supreme Court by tracey

‘The Supreme Court has this week rejected a claim that the denial of mainstream welfare and housing provision to a Zambrano carer and her child was unlawful.’

Local Government Lawyer, 17th November 2017

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted November 17th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Onur Air Tasimacilik AS v Goldtrail Travel Ltd [2017] EWCA Civ 1830 (16 November 2017)

The Friends of Finsbury Park, R (on the application of) v Haringey London Borough Council & Ors [2017] EWCA Civ 1831 (16 November 2017)

Court of Appeal (Criminal Division)

Harris, R v (Rev 3) [2017] EWCA Crim 1849 (16 November 2017)

High Court (Administrative Court)

Hallam Land Management Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 2865 (Admin) (16 November 2017)

Waterstone Estates Ltd v Welsh Ministers [2017] EWHC 2922 (Admin) (16 November 2017)

Loake v Crown Prosecution Service [2017] EWHC 2855 (Admin) (16 November 2017)

High Court (Chancery Division)

The Competition and Markets Authority v Concordia International RX (UK) Ltd [2017] EWHC 2911 (Ch) (16 November 2017)

Koza Ltd & Anor v Akçil & Ors [2017] EWHC 2889 (Ch) (16 November 2017)

The Secretary of State for Business, Innovation and Skills v Akbar & Ors [2017] EWHC 2856 (Ch) (16 November 2017)

High Court (Commercial Court)

Glencore Agriculture BV v Conqueror Holdings Ltd [2017] EWHC 2893 (Comm) (16 November 2017)

High Court (Patents Court)

Actavis Group PTC EHF v ICOS Corporation [2017] EWHC 2880 (Pat) (10 November 2017)

Accord Healthcare Ltd v Research Corporation Technologies, Inc (Rev 1) [2017] EWHC 2711 (Pat) (07 November 2017)

Source: www.bailii.org

Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court

Posted November 17th, 2017 in accidents, compensation, damages, insurance, lectures, negligence, personal injuries by tracey

‘Abolishing Personal Injuries Law – A project’

Supreme Court, 16th November 2017

Source: www.supremecourt.uk

No-fault divorce: the future of divorce law? – Family Law

Posted November 17th, 2017 in divorce, news, reports by tracey

‘The House of Commons Library released its briefing paper dealing with “no-fault divorce” on 17 October 2017. The paper provides a helpful snapshot of the position currently in England & Wales in relation to divorce proceedings, together with a chronology of historic legislation and government schemes. It highlights that the most recent attempt to legislate for ‘no-fault divorce’ was within Pt 2 of the Family Law Act 1996, which was repealed on the basis that the provisions within Pt 2 were “unworkable”. Notwithstanding this conclusion, the Government indicated in January 2001 that it would remain committed to exploring the introduction of no-fault divorce however we are yet to see that commitment materialise into legislated change.’

Family Law, 16th November 2017

Source: www.familylaw.co.uk

Defendant nationality declarations ‘offensive’ – Law Society’s Gazette

Posted November 17th, 2017 in bias, citizenship, immigration, magistrates, news by tracey

‘Making defendants in criminal proceedings declare their nationality is “offensive and objectionable”, the former president of the London Criminal Courts Solicitors’ Association (LCCSA) has said.’

Law Society's Gazette, 16th November 2017

Source: www.lawgazette.co.uk

Bach to the future – Counsel

Posted November 17th, 2017 in budgets, legal aid, news, reports by tracey

‘Time for legal aid to break free from party political discourse? Yes, argues Lucie Wibberley, in light of the recommendations of the Bach Commission for a new Right to Justice Act.’

Counsel, November 2017

Source: www.counselmagazine.co.uk

MPs denounce food regulator after 2 Sisters chicken scandal – The Guardian

Posted November 17th, 2017 in food hygiene, news, reports, select committees by tracey

‘Scathing report by MPs attacks oversight and inspection regimes at Food Standards Agency and local authorities.’

The Guardian, 17th November 2017

Source: www.theguardian.com

British firm battling to stop ‘billion dollar brain’ being deported to China after computer code theft – The Independent

Posted November 17th, 2017 in computer crime, extradition, news by tracey

‘Investment fund bosses are trying to stop the deportation of an analyst convicted of stealing millions of pounds worth of computer codes.’

The Independent, 16th November 2017

Source: www.independent.co.uk

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