05/03/2018 – Current Awareness

Worboys and Ullah: Do UK Courts have to follow Strasbourg to the letter? – UK Human Rights Blog

Posted March 5th, 2018 in appeals, duty of care, human rights, judgments, news, Supreme Court, treaties by tracey

‘Commissioner of Police of the Metropolis v DSD and Anor [2018] UKSC 11. I focus on one point of disagreement between the judges, which is whether a court, before holding that the state owes an investigative duty for the actions of private parties, would require the clearest statement in consistent decisions of the European Court of Human Rights.’

UK Human Rights Blog, 2nd March 2018

Source: ukhumanrightsblog.com

Ecclesiastical court judgments – February 2018 – Law & Religion UK

Posted March 5th, 2018 in burials and cremation, Church of England, ecclesiastical law, judgments, news, repairs by tracey

‘Review of the ecclesiastical court judgments during February 2018.’

Law & Religion UK, 3rd March 2018

Source: www.lawandreligionuk.com

Withdrawn But Not Forgotten? – Effect Of A Withdrawn Part 36 Offer – Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) – Zenith PI

Posted March 5th, 2018 in appeals, costs, health, news, part 36 offers, personal injuries, rescission by tracey

‘In Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) Mr Justice Foskett had to consider the issue of what costs consequences, if any, should follow from the claimant’s failure to beat a Part 36 offer which had been withdrawn, the defendant having gone on to make a second, lower, offer.’

Zenith PI, 1st March 2018

Source: zenithpi.wordpress.com

Duty of care owed by the MOJ to serving prisoners limited to matters arising out of their custody – Zenith PI

Posted March 5th, 2018 in duty of care, health, human rights, medical treatment, negligence, news, prisons by tracey

‘Benius Razumas v Ministry of Justice [2018] EWHC 215 (QB): In this case the claimant claimed damages from the MoJ for personal arising from clinical negligence and breach of his rights under ECHR art.3.’

Zenith PI, 2nd March 2018

Source: zenithpi.wordpress.com

BAILII: Recent Decisions

Posted March 5th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Air Products Plc v Cockram [2018] EWCA Civ 346 (02 March 2018)

Property Alliance Group Ltd v The Royal Bank of Scotland Plc [2018] EWCA Civ 355 (02 March 2018)

Neumans LLP v The Solicitors Regulation Authority [2018] EWCA Civ 325 (02 March 2018)

Canal & River Trust v Thames Water Utilities Ltd [2018] EWCA Civ 342 (02 March 2018)

City Shoes (Wholesale) Ltd & Ors v Revenue And Customs [2018] EWCA Civ 315 (02 March 2018)

High Court (Administrative Court)

QSA & Ors, R (On the Application Of) v Secretary of State for the Home Department & Anor [2018] EWHC 407 (Admin) (02 March 2018)

Knights v The Parole Board of England and Wales [2018] EWHC 411 (Admin) (02 March 2018)

Davenport v The Parole Board of England and Wales [2018] EWHC 410 (Admin) (02 March 2018)

Crematoria Management Ltd, R (On the Application Of) v Welwyn Hatfield Borough Council [2018] EWHC 382 (Admin) (01 March 2018)

High Court (Queen’s Bench Division)

Aquinas Education Ltd v Miller & Ors [2018] EWHC 404 (QB) (02 March 2018)

Woodford v AIG Europe Ltd & Anor [2018] EWHC 358 (QB) (02 March 2018)

Source: www.bailii.org

New disclosure regime “set to cause problems” for professional negligence claims – Litigation Futures

Posted March 5th, 2018 in barristers, costs, disclosure, documents, law firms, negligence, news, pilot schemes, solicitors by tracey

‘Professional negligence claims will become harder to handle under the new approach to disclosure which will be piloted later this year in the Business & Property Courts, particularly for defendants, a barrister has warned.’

Litigation Futures, 5th March 2018

Source: www.litigationfutures.com

Man jailed after taking staff hostage at bowling alley – Crown Prosecution Service

Posted March 5th, 2018 in criminal damage, domestic violence, false imprisonment, firearms, offensive weapons, press releases, sentencing by tracey

‘A man who held two members of staff at bowling alley hostage at gun point has been jailed for 12 years today.’

Full press release

Crown Prosecution Service, 2nd March 2018

Source: www.cps.gov.uk

Watchdog faces court case over ‘lax’ broadband fibre definition – Daily Telegraph

Posted March 5th, 2018 in advertising, internet, news, telecommunications by tracey

‘Britain’s advertising watchdog is being taken to the High Court over claims its lax definition of “fibre” broadband means customers are being hoodwinked into buying slow internet packages.’

Daily Telegraph, 4th March 2018

Source: www.telegraph.co.uk

Vulnerable children forced into homelessness as local authorities routinely ignore child protection laws – The Independent

Posted March 5th, 2018 in children, homelessness, local government, news by tracey

‘Vulnerable children are being forced into homelessness because local authorities are routinely flouting child protection laws, lawyers and charities have warned.’

The Independent, 4th March 2018

Source: www.independent.co.uk

Sir Bradley Wiggins & Team Sky ‘crossed ethical line’ – doping in sport report – BBC News

Posted March 5th, 2018 in drug abuse, news, reports, select committees, sport by tracey

‘Sir Bradley Wiggins and Team Sky “crossed an ethical line” by using drugs allowed under anti-doping rules to enhance performance instead of just for medical need, a report by MPs says.’

BBC News, 5th March 2018

Source: www.bbc.co.uk

Homeowners battle freeholder over £20,000 ‘Grenfell bill’ – Daily Telegraph

Posted March 5th, 2018 in housing, landlord & tenant, London, news, repairs, service charges, tribunals by tracey

‘Residents of a luxury north London apartment block are battling their freeholder over who should pay a multi-million-pound bill to replace dangerous Grenfell-style cladding, and for the wages of fire marshals.’

Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Army captain caught speeding at 130mph in Aston Martin spared driving ban so he can tour Falklands – Daily Telegraph

Posted March 5th, 2018 in armed forces, costs, disqualification, driving licences, news by tracey

‘An Army officer who was caught speeding at 130mph in his Aston Martin has been allowed to keep his driving licence so he can tour the Falklands.’

Daily Telegraph, 4th March 2018

Source: www.telegraph.co.uk

Teenager given life sentence for planned Justin Bieber gig attack – The Guardian

Posted March 5th, 2018 in autism, news, sentencing, terrorism, young offenders by tracey

‘A teenager who planned an Islamic State-inspired terrorist attack on a pop concert a month after the Manchester Arena bombing has been given a life sentence and told he will serve at least 11 years in prison before being considered for parole.’

The Guardian, 2nd March 2018

Source: www.theguardian.com

Home Office warned over plans to block immigration data access for EU citizens – The Guardian

Posted March 5th, 2018 in bills, data protection, EC law, immigration, news by tracey

‘Plans to deny millions of people the right to access immigration data held on them by the Home Office are illegal and will be challenged in court, the government has been told.’

The Guardian, 5th March 2018

Source: www.theguardian.com

Opelo Kgari: Woman brought to UK from Botswana as a child 14 years ago given last-minute reprieve from deportation after being driven to Heathrow – The Independent

Posted March 5th, 2018 in children, demonstrations, deportation, detention, human rights, immigration, news by tracey

‘A woman who spoke out to The Independent about Yarl’s Wood immigration detention centre just days ago has narrowly avoided deportation following an intervention by MPs.’

The Independent, 4th March 2018

Source: www.independent.co.uk

Hundreds of foreign criminals including rapists and violent offenders are on the run – Daily Telegraph

Posted March 5th, 2018 in deportation, fugitive offenders, news, violent offenders by tracey

‘Hundreds of foreign criminals including rapists and violent offenders are on the run after the Government took too long to deport them, new figures suggest.’

Daily Telegraph, 5th March 2018

Source: www.telegraph.co.uk

Home Office tells women they will be deported more quickly for hunger striking – The Independent

Posted March 5th, 2018 in demonstrations, deportation, detention, human rights, immigration, news by tracey

‘The Home Office has been accused of “shocking and inhumane abuse of process” after it told vulnerable women on hunger strike about conditions at a controversial detention centre they faced “accelerated” deportation if they continued to protest.’

The Independent, 5th March 2018

Source: www.independent.co.uk

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