Day: 16 July 2018

BAILII: Recent Decisions

Posted July 16th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd & Ano [2018] EWCA Civ 1660 (13 July 2018)

Royal Mencap Society v Tomlinson-Blake [2018] EWCA Civ 1641 (13 July 2018)

High Court (Administrative Court)

TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon [2018] EWHC 1791 (Admin) (13 July 2018)

KG, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 1767 (Admin) (13 July 2018)

AS, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 1792 (Admin) (13 July 2018)

Jones, R (on the application of) v Criminal Cases Review Commission [2018] EWHC 1798 (Admin) (13 July 2018)

High Court (Chancery Division)

Mercato Sports (UK) Ltd & Anor v The Everton Football Club Company Ltd [2018] EWHC 1567 (Ch) (12 July 2018)

High Court (Commercial Court)

Single Buoy Moorings Inc v Aspen Insurance UK Ltd [2018] EWHC 1763 (Comm) (13 July 2018)

Dera Commercial Estate v Derya Inc [2018] EWHC 1673 (Comm) (13 July 2018)

PAO Tatneft v Ukraine [2018] EWHC 1797 (Comm) (13 July 2018)

Source: www.bailii.org

What’s another decade? – Nearly Legal

Posted July 16th, 2018 in housing, judicial review, local government, news by tracey

‘TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791. This was a judicial review of Hillingdon’s allocation scheme and in particular, the thresholds for eligibility for inclusion on the housing list set by Hillingdon.’

Full Story

Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Facing up to it – Nearly Legal

Posted July 16th, 2018 in homelessness, legal representation, news, regulations, statutory interpretation by tracey

‘Kamara v London Borough Of Southwark (2018) EWCA Civ 1616. In Makisi & Ors v Birmingham City Council (2011) EWCA Civ 355 (our report), the Court of Appeal decided that the right to make ‘oral submissions’ in response to a ‘minded to’ letter under 8(2) of the 1999 Review Procedures Regulations meant a right to request ‘face to face’ advocacy in making representations. In these three joined appeals, the sole issue was whether this meant that the ‘minded to’ to letter had to specify the right to a face to face meeting for representations.’

Full Story

Nearly Legal, 15th July 2018

Source: nearlylegal.co.uk

Rulings clarify scope of employers’ disability duties – OUT-LAW.com

Posted July 16th, 2018 in disabled persons, employment, equality, news by tracey

‘ Doing the right thing by disabled employees may require more than mere compliance with the minimum requirements set out in equalities law.’

Full Story

OUT-LAW.com, 13th July 2018

Source: www.out-law.com

To re-score or not to re-score: procurement challenge of health care services tender – Practical Law: Construction Blog

Posted July 16th, 2018 in community care, health, news, public procurement by tracey

‘Stuart-Smith J’s judgment in Lancashire Care NHS Foundation Trust & Blackpool Teaching Hospitals NHS Foundation Trust v Lancashire County Council provides helpful guidance on how not to conduct moderation meetings and highlights the defendant’s failure to provide adequate reasons for its decision making. What it does not provide is a finding on who deserved to win the contract.’

Full Story

Practical Law: Construction Blog, 16th July 2018

Source: constructionblog.practicallaw.com

Care provider wins Court of Appeal battle over sleep-in shifts and minimum wage – Local Government Lawyer

Posted July 16th, 2018 in care workers, minimum wage, news by tracey

‘The National Minimum Wage (NMW) does not apply to sleep-in shifts unless the worker is awake for the purpose of working, the Court of Appeal has reportedly ruled. It has been estimated that if Mencap, the appellant, had lost the case, it would have cost the care sector an estimated £400m in back-dated pay and £200m a year from 2020.’

Full Story

Local Government Lawyer, 13th July 2018

Source: www.localgovernmentlawyer.co.uk

“Significant barriers” exist for disabled lawyers – Legal Futures

Posted July 16th, 2018 in disabled persons, legal profession, news by tracey

‘Disabled people seeking employment or working in the legal profession are “an untapped resource”, according to ground-breaking research. It found a profession not set up to accommodate the needs of disabled people in or wanting to join the profession.’

Full Story

Legal Futures, 16th July 2018

Source: www.legalfutures.co.uk

The scale and drivers of attrition in reported fraud and cyber crime – Home Office

Posted July 16th, 2018 in computer crime, fraud, reports by tracey

‘Outlines findings from a research study looking at the level of attrition in fraud and cyber crime cases reported to Action Fraud..’

Full report

Home Office, 16th July 2018

Source: www.gov.uk/home-office

Care home boss who stole millions from residents jailed – Crown Prosecution Service

Posted July 16th, 2018 in care homes, conspiracy, false accounting, fraud, money laundering, press releases, theft by tracey

‘The owner of a care home who tried to defraud residents out of £4.1million by isolating them from their families and persuading them to make him a beneficiary of their wills has been jailed today.’

Full press release

Crown Prosecution Service, 13th July 2018

Source: www.cps.gov.uk

Achieving sea-change: criminal disclosure failures – Counsel

Posted July 16th, 2018 in Crown Prosecution Service, disclosure, news, prosecutions, reports by tracey

‘Too little, too late? As the CPS publishes its disclosure review, Narita Bahra and Fiona Robertson assess whether its assurances and safeguards can possibly achieve the pledged sea change.’

Full Story

Counsel, July 2018

Source: www.counselmagazine.co.uk

Reaching the point of no [search] return – Counsel

Posted July 16th, 2018 in criminal records, data protection, internet, news by tracey

‘Google fail? Heather Rogers QC puts the legal record straight on the first two ‘right to be forgotten’ cases – tried under the twilight data protection regime but with issues far from resolved.’

Full Story

Counsel, July 2018

Source: www.counselmagazine.co.uk

Widowed father ordered to leave UK against advice of Home Office’s own lawyers – The Guardian

Posted July 16th, 2018 in bereavement, carers, children, immigration, news, terrorism by tracey

‘A widower who is the sole carer of his four-year-old son has been forbidden to work and ordered to leave the country – even though the Home Office’s own lawyers advised them to drop the case.’

Full Story

The Guardian, 16th July 2018

Source: www.theguardian.com

Reporting restrictions ‘prevent scrutiny’ of economic crimes – The Guardian

Posted July 16th, 2018 in bribery, fraud, news, private hearings, reporting restrictions by tracey

‘Excessive court reporting restrictions, inadequate listing information and difficulties in obtaining documents are preventing scrutiny of economic crimes and bribery cases, according to a report by Corruption Watch UK.’

Full Story

The Guardian, 16th July 2018

Source: www.theguardian.com