Month: March 2018
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Lukjanenko v Medway Council [2018] EWCA Civ 612 (27 March 2018)
Constandas v Lysandrou & Ors [2018] EWCA Civ 613 (27 March 2018)
Revenue And Customs v University of Cambridge [2018] EWCA Civ 568 (27 March 2018)
Secretary of State for the Home Department v Said & Ors [2018] EWCA Civ 627 (27 March 2018)
Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018)
Court of Appeal (Criminal Division)
Edwards, R v [2018] EWCA Crim 595 (27 March 2018)
Cuni & Ors v R [2018] EWCA Crim 600 (27 March 2018)
High Court (Administrative Court)
High Court (Commercial Court)
Daniels & Anor v Lloyds Bank Plc & Anor [2018] EWHC 660 (Comm) (27 March 2018)
High Court (Family Division)
Z & Y (Children : Care Proceedings) [2018] EWHC 644 (Fam) (27 March 2018)
S (Care Proceedings Extremism) [2018] EWHC 645 (Fam) (27 March 2018)
High Court (Patents Court)
Edwards Lifesciences LLC v Boston Scientific SCIMED, Inc & Ors [2018] EWHC 664 (Pat) (27 March 2018)
High Court (Queen’s Bench Division)
Source: www.bailii.org
Sentencing Council launches new definitive guideline on terrorism offences – Sentencing Council
‘New sentencing guidelines for terrorism offences have been published today, marking the first time that comprehensive guidance has been produced for courts in England and Wales. The guidelines have been introduced to deal with the changing nature of terrorist offending and to ensure that courts have the guidance they need to deal with these serious and difficult cases, punishing offenders and disrupting their activities.’
Sentencing Council, 28th March 2018
Unlawful imprisonment for council tax non-payment “one of the largest mass miscarriages of justice in British history” – Local Government Lawyer
‘The unlawful imprisonment of people for council tax non-payment “is likely to be one of the largest mass miscarriages of justice in British history”, the chair of the Criminal Bar Association, Angela Rafferty QC, and 57 other signatories of a letter to The Guardian have claimed.’
Local Government Lawyer, 27th March 2018
Source: www.localgovernmentlawyer.co.uk
High Court quashes planning permission issued six years ago – Local Government Lawyer
‘Planning permission issued in error by Wirral Metropolitan Borough Council six years ago has been quashed by the High Court.’
Local Government Lawyer, 27th March 2018
Source: www.localgovernmentlawyer.co.uk
Boxing promoter Warren loses twin challenges to CFAs – Litigation Futures
‘Boxing promoter Frank Warren has failed in his effort to avoid paying his solicitors under conditional fee agreements (CFAs) where he did not receive any damages or costs despite winning his case.’
Litigation Futures, 28th March 2018
Source: www.litigationfutures.com
Removing a party to proceedings: A Local Authority v F and others – Family Law
‘Family analysis: Following A Local Authority v F and others [2018] EWHC 451 (Fam), [2018] All ER (D) 68 (Mar) Gemma Taylor QC, of 42 Bedford Row Chambers, explains the circumstances under which a local authority can be absolved of its duties to consult with a parent and provide information.’
Family Law, 27th March 2018
Source: www.familylaw.co.uk
Police inspector Darren McKie jailed for wife’s murder – BBC News
‘A former police inspector who murdered his wife in their home and dumped her body in a lake has been jailed.’
BBC News, 27th March 2018
Source: www.bbc.co.uk
Skybet fined £1m by gambling regulator for not protecting vulnerable customers – The Independent
‘Skybet has been fined £1m by the gambling regulator for failing to protect its most vulnerable customers. The Gambling Commission on Wednesday said that it had issued the penalty in response to the sports betting company allowing customers who had self-excluded to open accounts.’
The Independent, 28th March 2018
Source: www.independent.co.uk
Coroner who refuses to let Jewish or Muslim burials skip the queue accused of breaching human rights – Daily Telegraph
‘A coroner who refuses to allow Jews or Muslims to skip the burial queue has been accused of breaching human rights laws at the High Court.’
Daily Telegraph, 27th March 2018
Source: www.telegraph.co.uk
Adverts which promise bus fares ‘from £1’ banned after it emerges just 3 per cent of tickets are available at that price – Daily Telegraph
‘Savvy travel bookers who click on low price adverts may find they are often lead to air, rail and bus websites which do not have any seats at the advertised reduced fares. The advertising watchdog has found that in at least one case this is because there were never many low fare seats available at all, and has banned Megabus from advertising its seats as “from £1” after it was found only three per cent of seats were available at that price.’
Daily Telegraph, 28th March 2018
Source: www.telegraph.co.uk
Alpecin Caffeine Shampoo banned from saying it can ‘help to reduce hair loss’ by Advertising Standards Authority – The Independent
‘The makers of Alpecin Caffeine Shampoo must no longer advertise that the product can reduce hair loss after a watchdog ruled there was no adequate evidence to support the claim.’
The Independent, 28th March 2018
Source: www.independent.co.uk
Former BHS owner Chappell faces boardroom ban but Sir Philip Green escapes sanction over collapse – Daily Telegraph
‘Former BHS owner Dominic Chappell will be banned from serving as company director for up to 15 years over his role in the the high street chain’s collapse, while its previous owner Sir Philip Green will escape any sanction. The Insolvency Service said that the retail mogul Sir Philip, who sold BHS to thrice bankrupt Mr Chappell little over a year before its demise for £1, will not face further action.’
Daily Telegraph, 27th March 2018
Source: www.telegraph.co.uk
Isis fanatic who tried to radicalise ‘army of children’ for London terror attacks jailed for life – The Independent
‘An Isis fanatic who tried to brainwash an “army of children” to launch simultaneous terror attacks across London has been jailed for life.’
The Independent, 27th March 2018
Source: www.independent.co.uk
Paul Moore jailed for Leicester hate crime car attack – BBC News
‘A man who hit a Somali woman with his car before going back to run her over as she lay helpless has been jailed for a minimum of 20 years.’
27th March 2018
Source: www.bbc.co.uk
The costs of dangerous cladding – leaseholders position – Nearly Legal
‘First Tier Tribunal LON/00AH/LSC/2017/0435 – Firstport Property Services Ltd v various leaseholders of Citiscape. We previously saw the Salford decision on the costs of a ‘waking watch’ in a tower with ‘Grenfell’ style cladding, but this was the first, keenly awaited, decision on the liability of leaseholders of an affected building (here in Croydon) to pay for the costs of removal and replacement of such cladding under their leases.’
Nerarly Legal, 26th March 2018
Source: nearlylegal.co.uk
Witness “was not a reliable historian” – Practical Law: Construction Blog
‘I like reading Fraser J’s judgments. Where else would you get phrases such as “banter in a public house during consumption of a gallon of ale (or lager)” and “quite apart from any illumination of the wisdom (or otherwise) of discussing (still less agreeing) incentive payments of such extraordinary size at an evening of drinking in the Horse & Groom”, nestled in among legal analysis? (He was talking about Blue v Ashley, which I’m sure was an interesting informal business meeting!).’
Practical Law: Construction Blog, 27th March 2018
Clerical abuse of spiritual power and authority: Penalty – Law & Religion UK
‘Our post on 12 March 2018 reported the announcement by the Diocese of Oxford that a two-year penalty had been imposed on the Revd Timothy Davis, following the recent penalty hearing, Decision of the CDM Tribunal, 8 December 2017, (“the Abingdon case”). The Determination of the penalty has now been published formally by the CofE and in this post we examine aspects of “clerical abuse of spiritual power and authority”, raised in this decision and in the evidence given to the IICSA hearing on the Anglican Church.’
Law & Religion UK, 26th March 2018
Source: www.lawandreligionuk.com
