BAILII: Recent Decisions

Posted June 27th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Garcia v Marex Financial Ltd [2018] EWCA Civ 1468 (26 June 2018)

The General Optical Council v Clarke [2018] EWCA Civ 1463 (25 June 2018)

Tuson v Murphy [2018] EWCA Civ 1461 (22 June 2018)

Court of Appeal (Criminal Division)

K & Ors, R v [2018] EWCA Crim 1432 (26 June 2018)

High Court (Administrative Court)

Al Enein, R (on the application of) v Secretary of State for the Home Department [2018] EWHC 1615 (Admin) (26 June 2018)

Canterbury City Council v SSCLG & Anor [2018] EWHC 1611 (Admin) (26 June 2018)

Adath Yisroel Burial Society & Anor, R (on the application of) v HM Senior Coroner for Inner North London [2018] EWHC 1286 (Admin) (25 June 2018)

Drain, R (On the Application Of) v Birmingham Crown Court [2018] EWHC 1605 (Admin) (25 June 2018)

High Court (Chancery Division)

FSHC Group Holdings Ltd v Barclays Bank Plc [2018] EWHC 1558 (Ch) (22 June 2018)

High Court (Commercial Court)

China Export & Credit Insurance Corporation v Emerald Energy Resources Ltd [2018] EWHC 1503 (Comm) (22 June 2018)

High Court (Family Division)

Bruzas v Saxton [2018] EWHC 1619 (Fam) (21 June 2018)

Source: www.bailii.org

Family Mediation: Piercing the cloak of confidentiality – Family Law Week

Posted June 27th, 2018 in confidentiality, dispute resolution, families, news by tracey

‘Deborah Eaton QC, 1 King’s Bench Walk, Hassan Khan, 4 Paper Buildings and Mark Irving, Harbottle & Lewis examine whether mediation agreements are always susceptible to privilege, following Mr Justice Williams’s judgment in BL v TC & OD [2017] EWHC 3363.’

Full Story

Family Law Week, 21st June 2018

Source: www.familylawweek.co.uk

The Routemaster replica model that costs £1,150 and takes two years to complete – Daily Telegraph

Posted June 27th, 2018 in advertising, complaints, news by tracey

‘The advertising standards watchdog has banned a series of adverts promoting the chance to build the replica after it emerged it would take two years to complete , at a cost of more than £1,150.’

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Daily Telegraph, 27th June 2018

Source: www.telegraph.co.uk

The ‘new Asbos’ issued without the burden of proof – BBC News

Posted June 27th, 2018 in community protection notices, harassment, local government, news by tracey

‘Prosecutions for breaking Community Protection Notices – sometimes known as the new Anti-Social Behaviour Orders (Asbos) – are on the rise in England and Wales. But there are concerns the powers are being used unfairly, with no need to prove the accusations being made.’

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BBC News, 27th June 2018

Source: www.bbc.co.uk

Police officers who took cocaine together during extra-marital affair jailed – Daily Telegraph

Posted June 27th, 2018 in news by tracey

‘Two police officers who took cocaine together in hotel rooms during an extramarital affair have been jailed.’

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Daily Telegraph, 26th June 2018

Source: www.independent.co.uk

Government scraps proposed women’s ‘community prisons’ in new strategy to reduce female offending – The Independent

Posted June 27th, 2018 in news by tracey

‘The government has scrapped proposals to create “community prisons” for women as part of a delayed strategy aiming to combat female offending.

The new strategy is moving “emphasis from custody to the community” and trying to bring the female prison population down. “We want to ensure that the public and judiciary have confidence in non-custodial sentences – such as effective community orders – which directly tackle the causes of reoffending, including alcohol or drug abuse,” said the MoJ.’

Full Story

The Independent, 26th June 2018

Source: www.independent.co.uk

Children of renowned sculptor Lynn Chadwick in court battle over his art work – Daily Telegraph

Posted June 27th, 2018 in news by tracey

‘The children of a renowned sculptor have taken their stepmother to court in a battle over his artwork. The family of Lynn Chadwick, who died in 2003 aged 88, have become embroiled in a bitter legal row over ownership of hundreds of his works.’

Full Story

Daily Telegraph, 26th June 2018

Source: www.telegraph.co.uk

Couple who murdered French nanny and burned her body in garden jailed for life – The Independent

Posted June 27th, 2018 in murder, news, sentencing by tracey

‘A “cruel and evil” couple have been jailed for life for murdering their French nanny and burning her body.’

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The Independent, 26th June 2018

Source: www.independent.co.uk

Uber wins 15-month probationary licence to work in London – The Guardian

Posted June 27th, 2018 in news by tracey

‘Uber will be able to continue operating in London, after a court decided the ride-hailing firm should be awarded a new 15-month probationary licence, after being told of sweeping changes to its practices.’

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The Guardian, 26th June 2018

Source: www.theguardian.com

Khalid Ali: British Taliban bomber guilty of Westminster plot – BBC News

Posted June 27th, 2018 in news, offensive weapons, terrorism by tracey

‘A British plumber has been convicted of planning a terror attack in Westminster and making bombs for the Taliban.’

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BBC News, 26th June 2018

Source: www.bbc.co.uk

Free childcare to be extended to foster carers – Family Law

Posted June 26th, 2018 in children, costs, fostering, news by sally

‘Foster carers are to receive the 30 hours free childcare offer for children in their care for the first time from September 2018. The Government also announced that over 340,000 children were in a 30-hour place in the first year of the policy.’

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Family Law, 26th June 2018

Source: www.familylaw.co.uk

Jail for man who provided unqualified immigration advice – Legal Futures

Posted June 26th, 2018 in compensation, costs, immigration, news, recidivists, sentencing by sally

‘A man convicted for the second time of providing unqualified immigration advice and services has been jailed for a year.’

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Legal Futures, 26th June 2018

Source: www.legalfutures.co.uk

The risks to litigants in person when cross-examining psychologist expert witnesses – Family Law

Posted June 26th, 2018 in cross-examination, expert witnesses, news, psychiatrists by sally

‘Many psychologist expert witnesses, from professional bodies (British Psychological Society) to more informal expert witness networks, have raised concerns about the impact of this practice. The concerns fall into three main areas: the potential harm of conducting such a cross-examination to the litigants in person (LiPs) in question; potential breaches of ethical conduct for the psychologist expert; and the potential impact on the quality of the evidence. This paper hopes to set out these issues and invites discussion as to potential guidance and remedy.’

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Family Law, 28th June 2018

Source: www.familylaw.co.uk

Transgender woman wins pension court battle – BBC News

Posted June 26th, 2018 in EC law, marriage, news, pensions, transgender persons by sally

‘A transgender woman who was unable to access her pension, was discriminated against by UK law, the European Court of Justice has found.’

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BBC News, 26th June 2018

Source: www.bbc.co.uk

European regulators report sharp rise in complaints after GDPR – The Guardian

Posted June 26th, 2018 in complaints, data protection, news by sally

‘The first month of GDPR has seen a sharp increase in the number of complaints to regulators across Europe, showing strong public interest in the new rules.’

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The Guardian, 26th June 2018

Source: www.theguardian.com

Fathers let down by courts which have ‘fallen short’, says new head of family division – Daily Telegraph

Posted June 26th, 2018 in families, family courts, judges, news, parental rights, speeches by sally

‘Fathers are being cut off from their children because the courts have “fallen short”, the incoming head of the family court has said.’

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Daily Telegraph, 25th June 2018

Source: www.telegraph.co.uk

Patents: A P Racing Ltd v Alcon Components Ltd (#2) – NIPC Law

Posted June 26th, 2018 in appeals, news, patents by sally

‘This was an appeal by the claimant company, A P Racing Ltd (“AP”), against the decision of His Honour Judge Hacon in AP Racing Ltd v Alcon Components Ltd [2017] EWHC 248 (IPEC) (15 Feb 2017). His Honour held that one of 7 disk brake calipers manufactured by Alcon Components Ltd (“Alcon”) infringed UK patent no. GB 2,452,690 for a disc brake caliper body and a disc brake caliper comprising such a body but the other 6 did not. AP appealed against the finding of non-infringement in relation to 2 of Alcon’s calipers, CAR 1249 and CAR 37.’

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NIPC Law, 24th June 2018

Source: nipclaw.blogspot.com

Grayling to face legal action over Heathrow expansion plan – The Guardian

‘The transport secretary, Chris Grayling, is facing a fresh headache over Heathrow as a group of councils confirmed they were planning legal action against expansion, just hours after MPs voted overwhelmingly to back a third runway.’

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The Guardian, 26th June 2018

Source: www.theguardian.com

Political ads on social media must be transparent – Electoral Commission – BBC News

Posted June 26th, 2018 in advertising, elections, internet, news, political parties by sally

‘”Urgent” action is needed to make online political advertising more honest and transparent, the UK’s election watchdog has said.’

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BBC News, 26th June 2018

Source: www.bbc.co.uk

Trials and tribulations: my life as a criminal barrister – The Guardian

Posted June 26th, 2018 in barristers, criminal justice, news, rehabilitation, young offenders by sally

‘Years spent representing young offenders left me unconvinced that the system was giving them a fair shot at rehabilitation.’

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The Guardian, 26th June 2018

Source: www.theguardian.com