BAILII : Recent Decisions

Posted March 26th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 594 (23 March 2018)

Revenue And Customs v Honeywell Analytics Ltd [2018] EWCA Civ 579 (23 March 2018)

Gresport Finance Ltd v Battaglia [2018] EWCA Civ 540 (23 March 2018)

Court of Appeal (Criminal Division)

Sami v R [2018] EWCA 552 Crim (23 March 2018)

BM, R v [2018] EWCA Crim 560 (22 March 2018)

High Court (Administrative Court)

BT, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 584 (Admin) (23 March 2018)

The Good Law Project, R (On the application of) v Electoral Commission & Anor [2018] EWHC 602 (Admin) (23 March 2018)

Emblin & Ors, R (On the Application Of) v Revenue And Customs [2018] EWHC 626 (Admin) (23 March 2018)

Thornton Hall Hotel Ltd, R (On the Application Of) v Wirral Metropolitan Borough Council [2018] EWHC 560 (Admin) (23 March 2018)

High Court (Commercial Court)

Sevylor Shipping And Trading Corp v Altfadul Company for Foods, Fruits & Livestock & Anor [2018] EWHC 629 (Comm) (23 March 2018)

High Court (Family Division)

SR v HR [2018] EWHC 606 (Fam) (23 March 2018)

Patents Court

Illumina, Inc. & Anor v Premaitha Health Plc & Anor [2018] EWHC 615 (Pat) (19 March 2018)

High Court (Queen’s Bench Division)

AXB v BXA [2018] EWHC 588 (QB) (21 March 2018)

Brown & Anor v AB [2018] EWHC 623 (QB) (21 March 2018)

Source: www.bailii.org

High Court throws 100% success fee model for low-value PI claims into doubt – Litigation Futures

Posted March 26th, 2018 in consent, fees, news, personal injuries by tracey

‘The High Court has thrown the industry-standard model for handling low-value personal injury claims into doubt after ruling that solicitors still need to undertake individual risk assessments before setting the success fee – rather than just applying 100% across the board.’

Full Story

Litigation Futures, 26th March 2018

Source: www.litigationfutures.com

Sentencing Code considers additional youth sentencing laws – consultation – Law Commission

Posted March 26th, 2018 in consultations, press releases, sentencing, young offenders by tracey

‘The Law Commission has launched a short consultation on youth sentencing as part of its work to create a single Sentencing Code.’

Full press release

Law Commission, 23rd March 2018

Source: www.lawcom.gov.uk/

Grenfell Tower: handling relatives’ immigration cases – Home Office

Posted March 26th, 2018 in families, immigration, inquests by tracey

‘Guidance on requests for further limited leave from relatives of those affected by the Grenfell Tower fire.’

Full text

Home Office, 23rd March 2018

Source: www.gov.uk/home-office

Hart v Hart: what led the court to order the ultimate sanction? – Family Law

Posted March 26th, 2018 in contempt of court, divorce, elderly, financial provision, imprisonment, news by tracey

‘Anyone reading that John Hart, an 83-year-old man with prostate cancer, had been sent to prison by a High Court judge might naturally raise an eye-brow in surprise. However, HHJ Wildblood QC did just that following judgments at [2018] EWHC 548 (Fam), [2018] EWHC 549 (Fam) and dated 23 February and 18 March 2018 respectively. These decisions are the latest in the long-running saga in the Hart v Hart divorce which has now been ongoing in various guises for some six and a half years.’

Full Story

Family Law, 23rd March 2018

Source: www.familylaw.co.uk

Lorry drivers jailed for fatal crash on motorway – Crown Prosecution Service

Posted March 26th, 2018 in careless driving, dangerous driving, press releases, sentencing by tracey

‘Two lorry drivers have been jailed after they caused a motorway crash which killed eight people travelling in a minibus.’

Full press release

Crown Prosecution Service, 23rd March 2018

Source: www.cps.gov.uk

Tube terror attack youth jailed for life – Crown Prosecution Service

‘A teenager from west London who was convicted of attempted murder after his homemade bomb exploded in a packed tube carriage has been jailed for life and ordered to serve at least 34 years in prison.’

Full press release

Crown Prosecution Service, 23rd March 2018

Source: www.cps.gov.uk

Speech by Sir Geoffrey Vos, Chancellor of the High Court: Integrity and independence in the judiciary and the financial services industry – a comparative study – Courts & Tribunals Judiciary

‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: Integrity and independence in the judiciary and the financial services industry – a comparative study.’

Full speech

Courts & Tribunals Judiciary, 21st March 2018

Source: www.judiciary.gov.uk

Statement from the Chair of the Bar on AGFS – The Bar Council

Posted March 26th, 2018 in barristers, consultations, criminal justice, fees, legal aid, press releases by tracey

‘Statement from the Chair of the Bar on AGFS.’

Full press release

The Bar Council, 24th March 2018

Source: www.barcouncil.org.uk

BSB agrees approach on the role of the Inns of Court in the future of Bar training – Bar Standards Board

‘Following its recent consultation, the Bar Standards Board (BSB) has agreed in principle how it should prescribe the future role of the Inns of Court in the training and qualification of barristers.’

Full press release

Bar Standards Board, 23rd March 2018

Source: www.barstandardsboard.org.

Criminal barristers expecting ‘overwhelming’ support for action – Law Society’s Gazette

Posted March 26th, 2018 in barristers, criminal justice, fees, industrial action, legal aid, news by tracey

‘Criminal barristers are expected to announce direct action this week against what they say is the latest round of government cuts to the legal aid budget. The Criminal Bar Association (CBA) said it will update members on Thursday on the results of a survey it sent to them asking whether they wanted to take action. CBA chair Angela Rafferty said this morning that the signs are that “there will be overwhelming support for unified action.” ’

Full Story

Law Society's Gazette, 26th March 2018

Source: www.lawgazette.co.uk

Family of Tara Newbold call for inquest into her death to resume – The Guardian

Posted March 26th, 2018 in domestic violence, grievous bodily harm, inquests, news by tracey

‘The family of a woman who was severely beaten by her partner on the night she died are calling for the resumption of an inquest into her death, after the perpetrator was not charged with murder.’

Full Story

The Guardian, 25th March 2018

Source: www.theguardian.com

Judge uses mobile in court to solve timetable problem in ‘unorthodox’ move – Daily Telegraph

Posted March 26th, 2018 in case management, courts, judges, news, telecommunications by tracey

‘A judge broke with tradition by using a mobile phone in court to solve an administrative problem. Lawyers have praised Judge Richard Todd, a divorce court judge, who had a conversation with an office clerk in a bid to avoid a delay while overseeing a High Court case.’

Full Story

Daily Telegraph, 25th March 2018

Source: www.telegraph.co.uk

Scouts pay out £42,000 over 11-year-old’s autism claim – BBC News

Posted March 26th, 2018 in autism, children, compensation, news by tracey

‘An 11-year-old boy has received £42,000 in compensation after his family said his cub scout group discriminated against him for having autism.’

Full Story

BBC News, 26th March 2018

Source: www.bbc.co.uk

First virtual court case held using claimant’s laptop camera – The Guardian

Posted March 26th, 2018 in appeals, courts, news, pilot schemes, taxation by tracey

‘The first virtual court case has been held with a claimant appearing via a home laptop camera, while an extremely patient judge sat in a London tribunal and lawyers presented evidence from Belfast.’

Full Story

The Guardian, 26th March 2018

Source: www.theguardian.com

Lab accidentally created ‘city’ of 180,000 mice and experimented on them without permission – Daily Telegraph

Posted March 26th, 2018 in animals, licensing, news, reports, vivisection by tracey

‘A ‘mouse city’ the size of the population of York was accidentally bred by scientists following a laboratory blunder, a new Home Office report has shown. Researchers at an unnamed laboratory bred nearly 180,000 more mice for use in experiments than their license permitted, and carried out unauthorised experiments on them, yet received only a letter of reprimand.’

Full Story

Daily Telegraph, 25th March 2018

Source: www.telegraph.co.uk

British children being forced into modern slavery in UK as 5,000 potential victims found – The Independent

‘British children are being forced into modern slavery in the UK as more potential victims are reported than ever before. A total of 5,145 potential victims were referred into the system last year, an increase of 35 per cent on the year before, and the National Crime Agency (NCA) believes the number will continue to rise.’

Full Story

The Independent, 25th March 2018

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted March 23rd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Pemberton v Inwood [2018] EWCA Civ 564 (22 March 2018)

Annetts v Adeleye [2018] EWCA Civ 555 (22 March 2018)

Secretary of State for the Home Department v Olarewaju [2018] EWCA Civ 557 (21 March 2018)

Court of Appeal (Criminal Division)

Stromberg v R [2018] EWCA Crim 561 (22 March 2018)

Criminal Practice Directions 2015 (Amendment No. 6) [2018] EWCA Crim 516 (21 March 2018)

El Gazzaz v The Secretary of State for the Home Department [2018] EWCA Civ 532 (21 March 2018)

High Court (Administrative Court)

Szwarc v Regional Court In Gliwice (Poland) [2018] EWHC 589 (Admin) (22 March 2018)

KS & Ors v London Borough of Haringey [2018] EWHC 587 (Admin) (21 March 2018)

Cash v Court of First Instance, Strasbourg, France [2018] EWHC 579 (Admin) (21 March 2018)

The Director of Public Prosecutions v Sugden [2018] EWHC 544 (Admin) (20 March 2018)

High Court (Chancery Division)

Montreux Capital Management (UK) Ltd & Ors v Godden & Ors [2018] EWHC 495 (Ch) (21 March 2018)

Ali v Heart of England NHS Foundation Trust & Anor [2018] EWHC 591 (Ch) (21 March 2018)

LRH Services Ltd v Trew & Ors [2018] EWHC 600 (Ch) (21 March 2018)

Barons Finance Ltd v Barons Bridging Finance 1 Ltd & Ors [2018] EWHC 496 (Ch) (21 March 2018)

High Court (Commercial Court)

Sheikh Tahnoon Bin Saeed Bin Shakhboot Al Nehayan v Kent (aka John Kent) [2018] EWHC 614 (Comm) (22 March 2018)

High Court (Family Division)

A v R & Anor [2018] EWHC 521 (Fam) (21 March 2018)

High Court (Queen’s Bench Division)

Herbert v HH Law Ltd [2018] EWHC 580 (QB) (21 March 2018)

Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 605 (QB) (20 March 2018)

Source: www.bailii.org

Step-parent adoption order set aside where court misled – Halsbury’s Law Exchange

Posted March 23rd, 2018 in adoption, misrepresentation, news, setting aside by tracey

‘Family analysis: A father’s appeal out of time was allowed and a step-parent adoption order set aside as a result of deception by the applicants. Nasstassia Hylton, barrister at 1 Garden Court Chambers, considers the decision in Re J (Adoption: Appeal) [2018] EWFC 8 and looks at the serious consequences of giving false information to the courts.’

Full Story

Halsbury’s Law Exchange, 22nd March 2018

Source: blogs.lexisnexis.co.uk

Court casts doubt on who bears risk of obtaining planning permission – OUT-LAW.com

Posted March 23rd, 2018 in construction industry, contracts, news, planning, time limits by tracey

‘The employer under a standard form construction contract is not under an absolute obligation to obtain planning permission or conservation consent before the works can go ahead, the Court of Appeal has ruled.’

Full Story

OUT-LAW.com, 22nd March 2018

Source: www.out-law.com