Day: 15 December 2017

BAILII: Recent Decisions

Posted December 15th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Wright, R (on the application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd [2017] EWCA Civ 2102 (14 December 2017)

Miah, R (On the Application Of) v Tthe Independent Police Complaints Commission & Anor [2017] EWCA Civ 2108 (14 December 2017)

Teva Pharma – Produtos Farmaceuticos Lda & Anor v Astrazeneca-Produtos Farmaceuticos Lad & Anr [2017] EWCA Civ 2135 (14 December 2017)

Kason Kek-Gardner Ltd v Process Components Ltd [2017] EWCA Civ 2132 (14 December 2017)

Zuma’s Choice Pet Products Ltd & Anor v Azumi Ltd & Ors [2017] EWCA Civ 2133 (14 December 2017)

Patel v The Secretary of State for the Home Department [2017] EWCA Civ 2028 (13 December 2017)

Wood v Days Healthcare UK Ltd & Ors [2017] EWCA Civ 2097 (13 December 2017)

Transgrain Shipping (Singapore) Pte Ltd v Yangtze Navigation (Hong Kong) Co Ltd [2017] EWCA Civ 2107 (13 December 2017)

Pun & Anor (Nepal) v The Secretary of State for the Home Department [2017] EWCA Civ 2106 (13 December 2017)

ING Intermediate Holdings Ltd v HM Revenue and Customs [2017] EWCA Civ 2111 (13 December 2017)

Rowe & Ors, R (On the Application Of) v Revenue And Customs [2017] EWCA Civ 2105 (12 December 2017)

Richards v Worcestershire County Council & Anor [2017] EWCA Civ 1998 (12 December 2017)

Ong & Ors v Ping [2017] EWCA Civ 2069 (12 December 2017)

Stewart v Lewisham And Greenwich NHS Trust [2017] EWCA Civ 2091 (12 December 2017)

Barker v Baxendale Walker Solicitors (a firm) & Ors [2017] EWCA Civ 2056 (08 December 2017)

Court of Appeal (Criminal Division)

G, R (On the Application Of) v S And S [2017] EWCA Crim 2119 (14 December 2017)

High Court (Administrative Court)

Sawicki v Regional Court In Bielsko-Biala (Poland) [2017] EWHC 3285 (Admin) (14 December 2017)

Gureckis, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 3298 (Admin) (14 December 2017)

Cruelty Free International v Secretary of State for the Home Department [2017] EWHC 3295 (Admin) (13 December 2017)

Mohammed v Comarca De Lisboa Oeste, Instancia Central De Sintra, 1a Seccão Criminal, Portugal [2017] EWHC 3237 (Admin) (12 December 2017)

Sri Prathinik Consulting Ltd, R (On the Application Of) v The Secretary of State for the Home Department [2017] EWHC 3204 (Admin) (12 December 2017)

Hannah Beety & Ors, R (On the Application Of) v Nursing And Midwifery Council [2017] EWHC 3232 (Admin) (12 December 2017)

Superior Import / Export Ltd & Ors, R (On the Application Of) v Revenue And Customs & Anor [2017] EWHC 3172 (Admin) (11 December 2017)

Gaskin, R (on the application of) v Richmond Upon Thames London Borough Council & Anor [2017] EWHC 3234 (Admin) (11 December 2017)

General Medical Council (GMC) v Raychaudhuri [2017] EWHC 3216 (Admin) (11 December 2017)

High Court (Chancery Division)

Abanka DD v Abanca Corporacion Bancaria SA [2017] EWHC 3242 (Ch) (14 December 2017)

Nortel Networks UK Limited & Ors, Re [2017] EWHC 3299 (Ch) (14 December 2017)

Ball (PV Solar Solutions Ltd) v Hughes & Anor [2017] EWHC 3228 (Ch) (13 December 2017)

Gilpin & Ors v Legg [2017] EWHC 3220 (Ch) (13 December 2017)

Couper v Irwin Mitchell LLP & Ors [2017] EWHC 3231 (Ch) (13 December 2017)

M2 Property Invest Ltd, Re [2017] EWHC 3218 (Ch) (08 December 2017)

Patel v Patel & Ors [2017] EWHC 3229 (Ch) (07 December 2017)

High Court (Commercial Court)

Zccm Investments Holdings Plc v Konkola Copper Mines Plc [2017] EWHC 3288 (Comm) (14 December 2017)

Deutsche Bank AG v Sebastian Holdings Inc [2017] EWHC 3265 (Comm) (13 December 2017)

Super-Max Offshore Holdings v Malhotra & Anor [2017] EWHC 3246 (Comm) (13 December 2017)

High Court (Family Division)

B and C (Change of Names: Parental Responsibility: Evidence) [2017] EWHC 3250 (Fam) (12 December 2017)

High Court (Patents Court)

Oxford Nanopore Technologies Ltd & Anor v Pacific Biosciences of California, Inc & Anor [2017] EWHC 3190 (Pat) (14 December 2017)

High Court (Queen’s Bench Division)

Lynch, Re review of the tariff [2017] EWHC 3180 (QB) (14 December 2017)

Alseran & Ors v Ministry of Defence [2017] EWHC 3289 (QB) (14 December 2017)

The Flying Music Company Ltd v Theater Entertainment SA & Ors [2017] EWHC 3192 (QB) (08 December 2017)

High Court (Technology and Construction Court)

Systems Pipework Ltd v Rotary Building Services Ltd [2017] EWHC 3235 (TCC) (12 December 2017)

Source: www.bailii.org

Burial law should be reformed to stop family rows, says Law Commission – Daily Telegraph

Posted December 15th, 2017 in burials and cremation, families, news, wills by tracey

‘The law must be changed to stop families ignoring the burial wishes of the dead, the Law Commission has said. Currently someone’s wishes have no legal standing even if expressed in a will and family members can overrule them after death if they decide to do something different.’

Full Story

Daily Telegraph, 14th Decemeber2017

Source: www.telegraph.co.uk

Iraqis win damages for ‘ill-treatment’ by British soldiers – BBC News

Posted December 15th, 2017 in armed forces, assault, damages, detention, Iraq, news by tracey

‘Four Iraqi citizens have won damages from the Ministry of Defence for ill-treatment and unlawful detention during the Iraq War.’

Full Story

BBC News, 14th December 2017

Source: www.bbc.co.uk

MoJ rejects calls for ban on revealing sexual history in rape cases – The Guardian

Posted December 15th, 2017 in cross-examination, disclosure, evidence, news, rape by tracey

‘The Ministry of Justice has rejected calls for a ban on rape complainants’ sexual history being revealed in court, saying cross-examination should continue to be allowed in exceptional circumstances.’

Full Story

The Guardian, 14th December 2017

Source: www.theguardian.com

Church apology over Bishop George Bell abuse inquiry – BBC News

Posted December 15th, 2017 in child abuse, Church of England, clergy, news, reports, sexual offences by tracey

‘The Church of England has apologised to the relatives of a bishop for the way it investigated child abuse claims made against him decades after his death.’

Full Story

BBC News, 15th December 2017

Source: www.bbc.co.uk

Scotland Yard carrying out ‘urgent assessment’ after rape trial collapses – The Guardian

Posted December 15th, 2017 in Crown Prosecution Service, delay, disclosure, evidence, news, police, rape by tracey

‘Scotland Yard is carrying out an “urgent assessment” after a rape prosecution collapsed due to the late disclosure of evidence that undermined the case.’

Full Story

The Guardian, 15th December 2017

Source: www.theguardian.com

Deporting EU rough sleepers from UK unlawful, High Court rules – BBC News

Posted December 15th, 2017 in deportation, EC law, freedom of movement, homelessness, news by tracey

‘A Home Office policy of removing EU citizens found sleeping rough on UK streets is unlawful and must stop, the High Court has ruled.’

Full Story

BBC News, 14th December 2017

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 15th, 2017 in legislation by sally

The Selection of the President of Welsh Tribunals Regulations 2017

The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2017

The Whole of Government Accounts (Designation of Bodies) Order 2017

The Scotland Act 1998 (Designation of Receipts) (Amendment) Order 2017

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2017

The Road Vehicles (Construction and Use) (Amendment etc.) (No. 2) Regulations 2017

The Road Vehicles (Payment of Duty by Credit Card) (Prescribed Fee) Regulations 2017

The Merchant Shipping (Working Time: Inland Waterways) (Amendment) Regulations 2017

The Pension Schemes Act 2015 (Transitional Provisions and Appropriate Independent Advice) (Amendment No. 2) Regulations 2017

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2017

Source: www.legislation.gov.uk