Day: 7 September 2018
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Vik v Deutsche Bank AG [2018] EWCA Civ 2011 (06 September 2018)
Sky Plc & Ors v Skykick, UK Ltd & Anor [2018] EWCA Civ 2004 (06 September 2018)
Sony/ATV Music Publishing LLC & Anor v WPMC Ltd & Anor [2018] EWCA Civ 2005 (06 September 2018)
High Court (Administrative Court)
High Court (Chancery Division)
Gregory & Anor v Moore & Ors [2018] EWHC 2343 (Ch) (06 September 2018)
Source: www.bailii.org
Change to evidential standard could lead to more suicide verdicts – OUT-LAW.com
‘A recent decision on the evidential standard of proof required for a coroner or jury to return a conclusion of suicide could lead to an increased number of “suicide” conclusions being upheld, and a change in the rules surrounding the burden of proof applied at inquests in the future.’
OUT-LAW.com, 7th September 2018
Source: www.out-law.com
Finnian Clarke: The Worboys Parole Board Decision: Right Outcome, Wrong Reasons – UK Constitutional Law Association
‘The decision of the Divisional Court in the matter of R (DSD and NVB) v Parole Board of England and Wales, or the “Worboys Parole Board” case, was described by the Court as “wholly exceptional”, [3]. The Court, comprising Sir Brian Leveson, Mr Justice Jay and Mr Justice Garnham, quashed the decision of the Parole Board to release John Worboys, the “black cab rapist”. However, the “exceptional” nature of the case and its facts led the court into some rather tortured reasoning that undermines the structure and integrity of UK public law substantive review. The decision not to let Worboys, now known as John Radford, onto the streets after 9 years imprisonment likely represented the correct outcome, but the way the court got to this conclusion will make life notably more difficult for Parole Boards in exercising their duties in future. Such an outcome is all the more frustrating since the Divisional Court had a perfectly workable alternative means to securing this outcome: through the use of the “Public Sector Equality Duty” (PSED) found in s.149 of the Equality Act 2010.’
UK Constitutional Law Association, 7th September 2018
Source: ukconstitutionallaw.org
Harmony at the price of principle: the impact of Mercato Sports (UK) Limited & McKay v Everton FC [2018] EWHC 1567 (Ch) (“Mercato”) – Sports Law Bulletin from Blackstone Chambers
‘In July the High Court in Mercato considered the circumstances in which parties, not including the FA, who are subject to the FA Rules, will be bound to arbitrate disputes between them under FA Rule K. The judgment follows, and attempts to reconcile, two decisions of the same Court in 2017 on the same topic: Davies v Nottingham Forest FC [2017] EWHC 2095 (“Davies”) and Bony v Kacou & Ors [2017] EWHC 2146 (Ch) (“Bony”).’
Sports Law Bulletin from Blackstone Chambers , 6th September 2018
Source: www.sportslawbulletin.org
Anchoring claims to a UK subsidiary – Competition Bulletin from Blackstone Chambers
‘The recent decision of the High Court in Vattenfall AB v Prysmian SpA [2018] EWHC 1694 (Ch) is another example of claimants being allowed to use non-addressee English subsidiaries as anchor defendants for their competition damages claims. It is also another example of the court considering but not actually having to decide the interesting legal points around attribution of liability which potentially arise in such cases.’
Competition Bulletin from Blackstone Chambers, 7th September 2018
Source: competitionbulletin.com
Firm ordered to deliver new costs bill to Tower Hamlets campaigner – Law Society’s Gazette
‘A London law firm has been ordered to present a new costs bill to a campaigner who led a legal battle to remove former Tower Hamlets mayor Lutfur Rahman in the latest action brought by an online fees-challenge service.’
Law Society's Gazette, 6th September 2018
Source: www.lawgazette.co.uk
English teacher refused UK visa because her English isn’t up to ‘standard’ – The Independent
‘An English teacher has been refused the right to join her fiance in the UK after the Home Office claimed her English does not meet the required standard.’
The Independent, 7th September 2018
Source: www.independent.co.uk
BA chief pledges to compensate customers after data breach – The Guardian
‘The chief executive of British Airways has promised to compensate customers who have had their data stolen in what he described as a sophisticated breach of the company’s security systems.’
The Guardian, 7th September 2018
Source: www.theguardian.com
Government plans to jail Britons entering ‘designated areas’ abroad for 10 years under new terror laws – The Independent
‘A new law that could see people imprisoned for up to 10 years if they enter “designated areas” abroad is being proposed by the government. Without announcing the plan, it has introduced a completely new clause to the Counter-Terrorism and Border Security Bill, which MPs and peers have already expressed human rights concerns about.’
The Independent, 6th September 2018
Source: www.independent.co.uk
‘Gross failure’ in Kayden Urmston-Bancroft death – BBC News
‘There was “gross failure” in the care of a toddler who died while awaiting emergency surgery, a coroner has said. Serious and basic failings led to an “unacceptable delay” in Kayden Urmston-Bancroft’s operation on a diaphragmatic hernia, an inquest heard.’
BBC News, 6th September 2018
Source: www.bbc.co.uk
Ministers accused of issuing ‘torture warrants’ to spies – The Guardian
‘Ministers are routinely providing legal cover for the intelligence services where there is a possibility of information being extracted through torture abroad, under a so-called “James Bond clause”, a human rights group has alleged.’
The Guardian, 6th September 2018
Source: www.theguardian.com
Nine out of ten car thieves are not caught as the number of vehicles stolen increases – Daily Telegraph
‘Some of the country’s largest police forces are failing to identify suspects in more than 90 per cent of car thefts, as critics claim criminals no longer fear being caught.’
Daily Telegraph, 7th September 2018
Source: www.telegraph.co.uk
Grenfell Tower: Man jailed for stealing £50,000-worth of emergency relief – The Independent
‘A cleaner who stole £53,000-worth of emergency relief intended for the victims of the Grenfell Tower fire has been jailed.’
The Independent, 6th September 2018
Source: www.independent.co.uk
