Easter break
There will be no posts over the Easter weekend (Friday 30th March – Monday 2nd April inclusive) during which time the Library will be closed. We will resume posting on Tuesday 3rd April.
Month: March 2018
UK government confirms changes to discount rate calculation method – OUT-LAW.com
‘The way in which the discount rate applied to lump sum personal injury payments is calculated will be changed in order to “better reflect evidence of actual investment habits”, the UK government has confirmed.’
OUT-LAW.com, 28th March 2018
Source: www.out-law.com
English court delivers landmark judgment on project insurance coverage – OUT-LAW.com
‘The High Court has handed down a judgment deciding that a sub-contractor on a construction project was not entitled to coverage from the project insurance policy.’
OUT-LAW.com, 28th March 2018
Source: www.out-law.com
Costs challenge: judge blocks historic files disclosure – Law Society’s Gazette
‘A judge has refused to hand over historic case documents to a former client claiming to be overcharged by a law firm in the latest blow to costs recovery claims.’
Law Society's Gazette, 28th March 2018
Source: www.lawgazette.co.uk
Sheffield man jailed for longer for disability hate crime after Solicitor General’s action – Attorney General’s Office
‘Shakaiyah Swindells, who was part of a Sheffield trio who assaulted and imprisoned a vulnerable victim has had his sentence increased.’
Attorney General’s Office, 28th March 2018
Source: www.gov.uk/ago
Former private school teacher jailed for longer for sexual abuse – Attorney General’s Office
‘A former private boarding school teacher who sexually abused 4 of his pupils has had his sentence increased.’
Attorney General’s Office, 28th March 2018
Source: www.gov.uk/ago
Recent Statutory Instruments – legislation.gov.uk
The Education (Student Support) (Amendment) (No. 2) Regulations 2018
The Landfill Tax (Disposals of Material) Order 2018
The HGV Road User Levy (Rate for Prescribed Vehicles) Regulations 2018
The Electronic Communications (Universal Service) (Broadband) Order 2018
The Works Detrimental to Navigation (Powers and Duties of Inspectors) Regulations 2018
The Criminal Justice and Police Act 2001 (Powers of Seizure) Order 2018
The Education (Student Support) (Revocation, Amendment and Saving Provision) Regulations 2018
The Industrial Training Levy (Construction Industry Training Board) Order 2018
The Representation of the People (Scotland) (Amendment) Regulations 2018
The Land Registry Trading Fund (Extension and Amendment) Order 2018
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tikka v The Secretary of State for the Home Department [2018] EWCA Civ 642 (28 March 2018)
Edwards Lifesciences LLC & Ors v Boston Scientific Scimed Inc [2018] EWCA Civ 673 (28 March 2018)
Fortwell Finance Ltd v Halstead & Anor [2018] EWCA Civ 676 (28 March 2018)
Best Friends Group & Anor (t/a Best Friends) v Barclays Bank Plc [2018] EWCA Civ 601 (28 March 2018)
Shannan & Ors v Viavi Solutions UK Ltd & Ors [2018] EWCA Civ 681 (28 March 2018)
Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] EWCA Civ 640 (28 March 2018)
IM (Pakistan) v Secretary of State for the Home Department [2018] EWCA Civ 626 (28 March 2018)
J N Hipwell & Son v Szurek [2018] EWCA Civ 674 (28 March 2018)
T (A Child), Re [2018] EWCA Civ 650 (28 March 2018)
Regeneron Pharmaceuticals, Inc v Kymab Ltd & Anor [2018] EWCA Civ 671 (28 March 2018)
B (Children) [2018] EWCA Civ 614 (27 March 2018)
Court of Appeal (Criminal Division)
Mohammed v R [2018] EWCA Crim 675 (28 March 2018)
MK v R [2018] EWCA Crim 667 (28 March 2018)
Hayes, R v [2018] EWCA Crim 682 (28 March 2018)
High Court (Administrative Court)
DSD And NBV & Ors R (On the Application Of) v [2018] EWHC 694 (Admin) (28 March 2018)
Henderson v Commissioner of Police for the Metropolis [2018] EWHC 666 (Admin) (28 March 2018)
OA (Nigeria) v Secretary of State for the Home Department [2018] EWHC 681 (Admin) (28 March 2018)
Ezeugo, R v Director of Legal Aid Casework [2018] EWHC 691 (Admin) (28 March 2018)
High Court (Chancery Division)
Pease v Henderson Administration Ltd [2018] EWHC 661 (Ch) (28 March 2018)
EDF Energy Customers Ltd v Re-Energized Ltd [2018] EWHC 652 (Ch) (28 March 2018)
Gorst & Anor v Knight [2018] EWHC 613 (Ch) (28 March 2018)
ET v JP & Ors [2018] EWHC 685 (Ch) (28 March 2018)
High Court (Commercial Court)
Banca Turco Romana SA v Cortuk & Ors [2018] EWHC 662 (Comm) (28 March 2018)
High Court (Family Division)
P v C & Ors [2018] EWHC 693 (Fam) (28 March 2018)
High Court (Queen’s Bench Division)
JMX v Norfolk and Norwich Hospitals NHS Foundation Trust [2018] EWHC 675 (QB) (28 March 2018)
Source: www.bailii.org
GMC to investigate racism as black doctors face greater number of complaints – Daily Telegraph
‘Health chiefs will investigate whether black and other ethnic minority (BME) doctors are the victims of racism after revealing they are more likely to be hauled before disciplinary tribunals than white colleagues. The General Medical Council (GMC) said there has been a persistent “overrepresentation” of complaints against ethnic minority doctors in recent years.’
Daily Telegraph, 28th March 2018
Source: www.telegraph.co.uk
City firms launch review into dispute resolution for companies wronged by banks after RBS scandal – Daily Telegraph
‘City firms have launched a review into dispute resolution for companies wronged by banks, in the wake of the scandal over RBS’s mistreatment of small businesses. UK Finance, the lobby group for 300 British finance companies, has commissioned an independent study to analyse how complaints and disputes can be resolved in a more time and cost effective manner.’
Daily Telegraph, 29th April 2018
Source: www.telegraph.co.uk
FA to take lead in child abuse investigation where clubs are failing to conduct sufficient internal reviews – The Independent
‘The Football Association’s report into historical allegations of sexual abuse will assume the power to probe clubs if it does not judge that those clubs have led adequate investigations into themselves. Clive Sheldon QC, who is leading the report commissioned by the FA, has asked clubs to provide him with a “structured report” into instances of sexual abuse. If those reports are not adequate then Sheldon’s team of lawyers will conduct their own investigations.’
The Independent, 29th March 2018
Source: www.independent.co.uk
Alfie Evans ‘about to be murdered’, says father after court defeat – The Guardian
‘The father of seriously-ill Alfie Evans said his son had been “failed disgracefully by the system” after losing a last-ditch legal bid at the European court of human rights.’
The Guardian, 29th March 2018
Source: www.theguardian.com
No UK border exit records for 600,000 people, says watchdog – The Guardian
‘Theresa May’s long-promised system of “100% exit checks” at Britain’s borders is so unreliable that it contains no departure records for more than 600,000 people who should have left the country in the past two years, a watchdog has revealed.’
The Guardian, 28th March 2018
Source: www.theguardian.com
Hayes crash: Drunk driver jailed for 13 years after killing three teenagers at London bus stop – The Independent
‘A drunk driver has been jailed for 13 years after killing three boys as they walked to a 16th birthday party in London. Jaynesh Chudasama pleaded guilty in February to three counts of causing death by dangerous driving over the incident near a bus stop in Hayes.’
The Independent, 28th March 2018
Source: www.independent.co.uk
Statement from the Justice Secretary on judgment re: John Worboys – Ministry of Justice
‘Statement from the Lord Chancellor and Justice Secretary, David Gauke, in response to today’s judgment.’
Ministry of Justice, 28th March 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
Musician wins landmark ruling over ruined hearing – BBC News
‘A viola player who suffered a life-changing hearing injury at a rehearsal of Wagner’s Die Walkure in 2012 has won a landmark High Court judgment against the Royal Opera House (ROH).’
BBC News, 28th March 2018
Source: www.bbc.co.uk
Bath Abbey pews: costs – Law & Religion UK
‘In refusing the Victorian Society permission to appeal on the removal of pews from Bath Abbey on 1 March 2018, ([2018] EACC 1), the Dean of Arches directed that the Victorian Society (VS) should bear the petitioners’ reasonable costs of submitting the Response and the court costs of considering and determining the application. On 8 March 2018, the VS submitted a Representation on Costs (“the Representation”), dated 5 March 2018. “In purported reliance on Re St Mary, Sherborne [1996] Fam 63, the Victorian Society contends that the court costs on appeal should be paid by the petitioners irrespective of whether they have been successful or not on the appeal (at 70C)” .’
Law & Religion UK, 27th March 2018
Source: www.lawandreligionuk.com
Permission on Erroneous Basis – Local Government Lawyer
‘In R (Thornton Hall Hotel Ltd) v Wirral MBC (2018) EWHC 560 (Admin) unconditional and permanent planning permission for the erection of three marquees on a green belt site was quashed where it had been granted on an erroneous basis, namely the omission of conditions including a five-year time limit which had clearly been envisaged by the local authority’s planning committee in approving permission. To allow the marquees to remain in place would subvert the public interest in the integrity of the planning process.’
Local Government Lawyer, 27th March 2018
Source: local-government-law.11kbw.com
Worboys release decision overturned as Parole head quits – BBC News
‘A decision by the Parole Board to release the rapist John Worboys has been quashed, as the Board’s chairman Nick Hardwick resigns.’
BBC News, 28th March 2018
Source: www.bbc.co.uk
Ruling highlights gap in the law on software – OUT-LAW.com
‘A recent ruling by the Court of Appeal in London highlights a gap in the law on software, and should prompt a change in UK legislation.’
OUT-LAW.com, 27th March 2018
Source: www.out-law.com
