Month: August 2018

BAILII: Recent Decisions

Posted August 31st, 2018 in law reports by tracey

Court of Appeal (Civil Division)

City of York v Trinity One (Leeds) Ltd [2018] EWCA Civ 1883 (29 August 2018)

Manzi v King’s College Hospital NHS Foundation Trust [2018] EWCA Civ 1882 (29 August 2018)

Committeri v Club Méditerranée SA (t/a Club Med Business) [2018] EWCA Civ 1889 (09 August 2018)

James v James [2018] EWCA Civ 1982 (09 August 2018)

Aziz & Ors v Secretary of State for the Home Department [2018] EWCA Civ 1884 (08 August 2018)

SL (St Lucia) v The Secretary of State for the Home Department [2018] EWCA Civ 1894 (07 August 2018)

Court of Appeal (Criminal Division)

Electricity North West Ltd, R v [2018] EWCA Crim 1944 (23 August 2018)

Cyprian Okoro (No 3) v R [2018] EWCA Crim 1929 (22 August 2018)

High Court (Administrative Court)

Khan v Bar Standards Board [2018] EWHC 2184 (Admin) (24 August 2018)

Ames, R (On the Application Of) v The Lord Chancellor [2018] EWHC 2250 (Admin) (23 August 2018)

Ornua Ingredients Ltd, R (On the Application Of) v Herefordshire Council [2018] EWHC 2239 (Admin) (22 August 2018)

Langmead v Secretary of State for Housing, Communities and Local Government [2018] EWHC 2202 (Admin) (17 August 2018)

Buxton, R (on the application of) v Secretary of State for Work and Pensions [2018] EWHC 2196 (Admin) (17 August 2018)

H v Secretary of State for the Home Department [2018] EWHC 2191 (Admin) (16 August 2018)

VI, R (On the Application Of) v London Borough of Lewisham [2018] EWHC 2180 (Admin) (15 August 2018)

Langton, R (On the Application Of) v Secretary Of State For Environment, Food And Rural Affairs & Anor [2018] EWHC 2190 (Admin) (15 August 2018)

WX, R (On the Application Of) v Northamptonshire County Council [2018] EWHC 2178 (Admin) (14 August 2018)

The London Borough of Hackney v Secretary of State for Housing, Communities And Local Government & Anor [2018] EWHC 2174 (Admin) (14 August 2018)

Matthews & Anor, R (on the application of) v City of York Council & Anor [2018] EWHC 2102 (Admin) (08 August 2018)

Wakenshaw, R (On the Application Of) v Secretary Of State For Justice [2018] EWHC 2089 (Admin) (07 August 2018)

High Court (Chancery Division)

Massimo Osti SRL v Global Design And Innovation Ltd & Anor [2018] EWHC 2263 (Ch) (30 August 2018)

Stewart v NHS Business Services Authority [2018] EWHC 2285 (Ch) (29 August 2018)

Videology Ltd, Re Cross-Border Insolvency Regulations 2006 [2018] EWHC 2186 (Ch) (16 August 2018)

Officeserve Technologies Ltd & Anor v Annabel’s (Berkeley Square) Ltd & Ors [2018] EWHC 2168 (Ch) ( 15 August 2018)

Gwinnutt v George & Anor [2018] EWHC 2169 (Ch) (14 August 2018)

Clutterbuck & Anor v Cleghorn [2018] EWHC 2125 (Ch) (10 August 2018)

The Secretary of State for Business Energy and Industrial Stategy v Broadstock & Ors [2018] EWHC 2146 (Ch) (8 August 2018)

Reynard v Fox [2018] EWHC 2141 (Ch) (08 August 2018)

High Court (Commercial Court)

Dreymoor Fertilisers Overseas PTE Ltd v Eurochem Trading GmbH & Anor [2018] EWHC 2267 (Comm) (24 August 2018)

Fundo Soberano De Angola & Ors v dos Santos & Ors [2018] EWHC 2199 (Comm) (16 August 2018)

The Cultural Foundation & Anor v Beazley Furlonge Ltd & Ors [2018] EWHC 2185 (Comm) (15 August 2018)

High Court (Family Division)

A v A [2018] EWHC 2194 (Fam) (17 August 2018)

Venables, Re (No 2 [2018] EWHC 2128 (Fam) (08 August 2018)

A-F (Children) (No 2) [2018] EWHC 2129 (Fam) (08 August 2018)

F v M [2018] EWHC 2106 (Fam) (03 August 2018)

High Court (Patents Court)

Chugai Pharmaceutical Co. Ltd v UCB Pharma SA & Ors [2018] EWHC 2264 (Pat) (24 August 2018)

Source: www.bailii.org

The QOCS regime and ‘mixed’ police claims – UK Police Law Blog

Posted August 31st, 2018 in civil procedure rules, costs, news, personal injuries, police by tracey

‘The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) that qualified one-way costs shifting (“QOCS”) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”).’

Full Story

UK Police Law Blog, 28th August 2018

Source: ukpolicelawblog.com

Court of Appeal: Judge wrong to jail unrepresented woman for contempt – Litigation Futures

Posted August 31st, 2018 in contempt of court, legal representation, news, sentencing by tracey

‘A judge was wrong to jail an unrepresented woman for contempt of court without giving her more time to find a lawyer, the Court of Appeal has ruled.’

Full Story

Litigation Futures, 30th August 2018

Source: www.litigationfutures.com

Speech by Dr Victoria McCloud, Master of the Senior Courts: Rainbow Lives, Monochrome Laws – Reflections on law and identity – Courts and Tribunals Judiciary

Posted August 31st, 2018 in artificial intelligence, civil partnerships, data protection, gender, homosexuality, human rights, marriage, sexual orientation discrimination, speeches, transgender persons by tracey

‘Speech by Dr Victoria McCloud, Master of the Senior Courts: Rainbow Lives, Monochrome Laws – Reflections on law and identity.’

Full speech

Courts and Tribunals Judiciary, 21st August 2018

Anonymous LiP ordered to identify himself – nine months into action – Law Society’s Gazette

Posted August 31st, 2018 in anonymity, confidentiality, defamation, internet, litigants in person, malicious falsehood, news by tracey

‘A litigant in person who is trying to sue web giant Google in the High Court has successfully concealed his identity from court staff and the defendant – as well as the judge – for more than nine months, it has emerged.’

Full Story

Law Society's Gazette, 29th August 2018

Source: www.lawgazette.co.uk

Children: Public Law Update (August 2018) – Family Law Week

Posted August 31st, 2018 in adjournment, alcoholism, burden of proof, care orders, children, consent, cross-examination, damages, domestic violence, evidence, homicide, human rights, legal aid, litigants in person, local government, news, parental responsibility, placement orders, police, witnesses by tracey

‘John Tughan QC of 4 Paper Buildings reviews recent, important Children Public Law cases.’

Full Story

Family Law Week, 15th August 2018

Source: www.familylawweek.co.uk

Posthumous conception: a legacy in life, incapacity and death – Family Law Week

Posted August 31st, 2018 in assisted reproduction, consent, human tissue, married persons, news by tracey

‘Louisa Ghevaert and Michael Mylonas QC consider the ground breaking decision in Y v A Healthcare NHS Trust and others [2018] EWCOP 18.’

Full Story

Family Law Week, 21st August 2018

Source: www.familylawweek.co.uk

Met police sergeant cleared over strip search of academic – The Guardian

Posted August 31st, 2018 in complaints, detention, disciplinary procedures, judicial review, news, police by tracey

‘A Metropolitan police officer who ordered the strip search of an academic, in part because she would not disclose her name while in detention, has been cleared by a disciplinary panel.’

Full Story

The Guardian, 30th August 2018

Source: www.theguardian.com

Baby died while left in car seat on hotel bunk bed – BBC News

Posted August 31st, 2018 in children, health & safety, inquests, news by tracey

‘A newborn baby died after being placed in a car seat on a hotel room bunk bed overnight, it has emerged. The 10-week-old twin was found unresponsive at the accommodation in Wigan in July 2016. Investigations found the infants had been left on the bottom bunk while their parents drank in the hotel bar. However, a serious case review said the adults were not “excessively intoxicated” and the child had been alive upon their return to the room. No criminal charges were brought and a coroner was unable to ascertain the cause of death.’

Full Story

BBC News, 31st August 2018

Source: www.bbc.co.uk

Fugitive speedboat owner who killed woman on first date launches appeal against conviction while still on run – The Independent

Posted August 31st, 2018 in appeals, fugitive offenders, homicide, news by tracey

‘A man convicted of killing a woman on their first date in a speedboat crash on the River Thames has launched an appeal – despite being on the run from police.’

Full Story

The Independent, 30th August 2018

Source: www.independent.co.uk

Drink-driver caught doing over 140mph on M69 in Leicestershire – BBC News

Posted August 31st, 2018 in drunk in charge, fines, news, road traffic offences, sentencing by tracey

‘A man has been banned from driving for 24 months after being caught speeding at more than 140mph while over the drink-drive limit.’

Full Story

BBC News, 30th August 2018

Source: www.bbc.co.uk

Grenfell Tower: Kensington and Chelsea Council worker admits fraud – BBC News

Posted August 31st, 2018 in bereavement, fire, fraud, guilty pleas, health & safety, local government, news, theft, victims by tracey

‘A council worker has admitted defrauding around £60,000 from the Grenfell Tower victim fund.’

Full Story

BBC News, 30th August 2018

Source: www.bbc.co.uk

‘Overstretched’ police not properly monitoring paedophiles and sex offenders in Merseyside, watchdog finds – The Independent

Posted August 31st, 2018 in news, police, sexual grooming, sexual offences prevention orders by tracey

‘High-risk paedophiles and sex offenders are not being properly monitored by “seriously overstretched” police in Merseyside, a watchdog has found. HM Inspectorate of Constabulary (HMICFRS) found a backlog of almost 100 overdue visits to registered sex offenders and said neighbourhood officers do not even know where they live in some cases because of poor communication.’

Full Story

The Independent, 31st August 2018

Source: www.independent.co.uk

Serial killer Stephen Port lodges appeal against convictions – BBC News

Posted August 31st, 2018 in appeals, murder, news by tracey

‘Serial killer Stephen Port has lodged an appeal against his murder convictions.’

Full Story

BBC News, 30th August 2018

Source: www.bbc.co.uk

Scandal-hit NHS Trust faces calls for wider investigation into deaths on maternity unit – Daily Telegraph

Posted August 31st, 2018 in birth, children, hospitals, inquiries, news by tracey

‘A scandal-hit trust is facing calls for a wider probe into dozens of deaths at a hospital’s maternity unit, it was reported last night.’

Full Story

Daily Telegraph, 31st August 2018

Source: www.telegraph.co.uk

Man jailed for stabbing Muslim surgeon who treated Manchester attack victims – The Independent

Posted August 31st, 2018 in guilty pleas, news, offensive weapons, sentencing, wounding by tracey

‘A man who stabbed a Muslim surgeon who treated victims of the Manchester terror attack has been jailed. Ian Rooke attacked Dr Nasser Kurdy as he made his way towards Altrincham Islamic Centre for afternoon prayers in September. The 29-year-old, of no fixed address, was jailed for five years and four months at Manchester Minshull Street Crown Court after pleading guilty to wounding with intent and possession of a weapon.’

Full Story

The Independent, 31st August 2018

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted August 31st, 2018 in law reports by tracey

Supreme Court

McLaughlin, Re Judicial Review (Northern Ireland) (Rev 1) [2018] UKSC 48 (30 August 2018)

Source: www.bailii.org

The variation or revocation of a settlement order under the Children Act 1989 – Family Law

Posted August 30th, 2018 in appeals, children, financial provision, news, periodical payments, residence orders by sally

‘In Re C (A Child) (Schedule 1 Children Act Variation) [2018] Lexis Citation 63, [2018] All ER (D) 32 (Aug) the Family Court examined the power of a court to vary or revoke an order for the settlement of property that had already been made. Charlotte Sanders, associate at Stewarts, discusses the outcome of the case.’

Full Story

Family Law, 29th August 2018

Source: www.familylaw.co.uk

Man jailed for £53m UK heist will not have to repay share of proceeds – The Guardian

Posted August 30th, 2018 in confiscation, news, proceeds of crime, repayment, robbery by sally

‘A cage fighter convicted of taking part in a £53m armed robbery has been excused from paying back his alleged share of the stolen cash after a secret court hearing.’

Full Story

The Guardian, 29th August 2018

Source: www.theguardian.com

Woman racially assaulted on bus calls for CCTV rule change – BBC News

Posted August 30th, 2018 in closed circuit television, evidence, news, transport by sally

‘A woman who says she was racially assaulted on a London bus has called for transport companies to keep CCTV material for longer, after footage of her attack was deleted in just 10 days.’

Full Story

BBC News, 29th August 2018

Source: www.bbc.co.uk