BAILII: Recent Decisions

Posted August 2nd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Gulf Centre for Human Rights, R (On the Application of) v The Prime Minister & Anor [2018] EWCA Civ 1855 (01 August 2018)

Lomax v Gosport Borough Council [2018] EWCA Civ 1846 (01 August 2018)

Court of Appeal (Criminal Division)

Yaxley-Lennon (aka Tommy Robinson), Re [2018] EWCA Crim 1856 (01 August 2018)

High Court (Queen’s Bench Division)

Deutsche Leasing (UK) Ltd v Zaskin College Ltd & Ors [2018] EWHC 1977 (QB) (01 August 2018)

Bokova v Associated Newspapers Ltd [2018] EWHC 2032 (QB) (31 July 2018)

source: www.bailii.org

Ecclesiastical court judgments – July 2018 – Law & Religion UK

Posted August 2nd, 2018 in burials and cremation, ecclesiastical law, historic buildings, news by tracey

‘Review of the ecclesiastical court judgments during July 2018.’

Full Story

Law & Religion UK, 30th July 2018

Source: www.lawandreligionuk.com

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 2nd, 2018 in defamation, media, news by tracey

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.

Full Story

OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

What’s the damage? Revisiting the correct measure of loss in negligent surveyor cases – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, damages, negligence, news, surveyors by tracey

‘As construction lawyers, most of us have had experience with claims concerning the financial loss and/or damage to property arising from a negligent survey of a house.’

Full Story

Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

What are you implying? The role of implied terms in contract interpretation – Practical Law: Construction Blog

Posted August 2nd, 2018 in construction industry, contracts, drafting, interpretation, news by tracey

‘Recent cases, including the Court of Appeal’s judgment in Bou-Simon v BGC Brokers LP and the (as yet unreported) case of Harrow LBC v Engie Regeneration (Apollo) Ltd (2018) (TCC), provide a useful reminder of the strict constraints on implying terms into a commercial contract.’

Full Story

Practical Law: Construction Blog, 1st August 2018

Source: constructionblog.practicallaw.com

Including acquitted allegations in an Enhanced Criminal Record Certificate – UK Police Law Blog

Posted August 2nd, 2018 in appeals, criminal records, disclosure, news, police, proportionality, Supreme Court, taxis by tracey

‘The Supreme Court in R (AR) v CC Greater Manchester Police [2018] UKSC 47 upheld the inclusion of information in an enhanced criminal record certificate (ECRC) that a person had been acquitted of rape. The judgment shows the importance of chief officers considering with great care the various factors in order to strike a fair balance between the rights of the individual applying for the ECRC as opposed to the wider rights of the community, including vulnerable persons.’

Full Story

UK Police Law Blog, 1st August 2018

Source: ukpolicelawblog.com

Manslaughter: Definitive guideline – Sentencing Council

Posted August 2nd, 2018 in diminished responsibility, homicide, negligence, press releases, sentencing by tracey

‘The new guideline will come into effect on 1 November 2018.’

Full guideline

Sentencing Council, 31st July 2018

Source: www.sentencingcouncil.org.uk

Council defeats High Court challenge over development at historic railway yard – Local Government Lawyer

Posted August 2nd, 2018 in historic buildings, housing, local government, news, planning, railways by tracey

‘Historic England has failed in a challenge to Milton Keynes Council over its decision to allow a development on part of a historic railway yard.’

Full Story

Local Government Lawyer, 1st August 2018

Source: www.localgovernmentlawyer.co.uk

Judge orders indemnity costs against NHS trust for outrageous “bimbling” – Litigation Futures

Posted August 2nd, 2018 in costs, delay, hospitals, judgments, news by tracey

‘The High Court has hammered both sides in a medical negligence case involving a mentally ill woman for outrageous “bimbling”. His Honour Judge Gore QC, sitting as a High Court judge, said the word – which means to move at a leisurely pace – was used by one of his daughters.’

Full Story

Litigation Futures, 2nd August 2018

Source: www.litigationfutures.com

SRA seeks to clarify threshold for reporting misconduct – Legal Futures

‘The Solicitors Regulation Authority (SRA) is looking to clarify the threshold used by law firms when deciding whether to report concerns over misconduct.’

Full Story

Legal Futures, 2nd August 2018

Source: www.legalfutures.co.uk

Are the parameters of professional privilege about to be redefined? – Family Law

Posted August 2nd, 2018 in disclosure, documents, news, privilege by tracey

‘Family analysis: Sarah Bazaraa, senior associate at Pannone Corporate LLP, looks at the unusual facts in Bruzas v Saxton [2018] EWHC 1619 (Fam), [2018] All ER (D) 160 (Jun) and considers whether the issues raised in the case may redefine the boundaries of legal professional privilege.’

Full Story

Family Law, 1st August 2018

Source: www.familylaw.co.uk

Bar Council response to Justice Select Committee report on Criminal Legal Aid – The Bar Council

Posted August 2nd, 2018 in barristers, criminal justice, press releases, reports, select committees by tracey

‘The Bar Council has responded to the House of Commons Justice Select Committee’s report on the current state of criminal legal aid in England and Wales.’

Full press release

The Bar Council, 26th July 2018

Source: www.barcouncil.org.uk

Children Private law update Summer 2018 – Family Law Week

Posted August 2nd, 2018 in children, habeas corpus, news, parental responsibility, residence orders by tracey

‘Alex Verdan QC of 4 Paper Buildings reviews recent important judgments in private law children cases.’

Full Story

Family Law Week, 26th July 2018

Source: www.familylawweek.co.uk

Father convicted over death of six-month-old Kayden Walker – The Guardian

Posted August 2nd, 2018 in child abuse, child cruelty, drug abuse, homicide, news by tracey

‘A man whose six-month-old son died from “catastrophic” injuries, including bleeding to his brain, has been convicted of manslaughter.’

Full Story

The Guardian, 1st August 2018

Source: www.theguardian.com

Appeal court rules that ministerial code does not dilute human rights – The Guardian

‘Human rights campaigners have lost a challenge against Theresa May in the high court in which she was accused of abandoning the longstanding principle that members of the government should be bound by international law.’

Full Story

The Guardian, 1st August 2018

Source: www.theguardian.com

‘Sinister’ Facebook stalker jailed for abusing woman – BBC News

Posted August 2nd, 2018 in internet, news, restraining orders, stalking by tracey

‘A “cowardly predator” who cyber-stalked a disabled campaigner against online abuse has been jailed.’

Full Story

BBC News, 1st August 2018

Source: www.bbc.co.uk

Knife-wielding Louis Morgan jailed for stamping on partner’s head – BBC News

‘A man who stamped on his partner’s head and then tried to kill her neighbour has been jailed for 20 years with five more years on extended licence.’

Full Story

BBC News, 1st August

Source: www.bbc.co.uk

Children’s author faces £1m payout after ‘terrorising’ actor neighbour with ‘monstrously out of control’ garden – Daily Telegraph

Posted August 2nd, 2018 in compensation, harassment, injunctions, news, noise, nuisance by tracey

‘A children’s author faces a £1m payout after terrorising her actor neighbour with her “monstrously out of control” garden.’

Full Story

Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Visas ‘given to foreign husbands in forced marriages’ – Daily Telegraph

Posted August 2nd, 2018 in forced marriages, news, visas by tracey

‘The Home Office has failed to protect British women and teenage girls forced into abusive marriages by granting their foreign husbands visas, charities have warned. Officials dealt with nearly 90 cases of victims trying to block visas last year, although almost half were still issued, data obtained by The Times shows.’

Full Story

Daily Telegraph, 2nd August 2018

Source: www.telegraph.co.uk

Government must change plans to let hospitals investigate own whistleblowing cases, MP say – The Independent

Posted August 2nd, 2018 in hospitals, news, reports, select committees, whistleblowers by tracey

‘Government plans for a new NHS whistleblowing service have come in for criticism from MPs over “conflict of interest” concerns about letting NHS hospitals investigate themselves.’

Full Story

The Independent, 2nd August 2018

Source: www.independent.co.uk