BAILII: Recent Decisions

Posted January 16th, 2019 in law reports by tracey

Supreme Court

Nugent & Anor v Willers (Isle of Man) [2019] UKPC 1 (16 January 2019)

Court of Appeal (Civil Division)

McDonald v Rose & Ors [2019] EWCA Civ 4 (15 January 2019)

Hughes Jarvis Ltd vSearle & Anor [2019] EWCA Civ 1 (15 January 2019)

High Court (Chancery Division)

Airways Pension Scheme Trustee Ltd v Fielder & Anor [2019] EWHC 29 (Ch) (15 January 2019)

High Court (Commercial Court)

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2019] EWHC 3 (Comm) (15 January 2019)

HSBC Bank Plc & Ors v Rondônia Transportes Cayman & Ors [2019] EWHC 30 (Comm) (15 January 2019)

Ahmed v Khalifa [2019] EWHC 27 (Comm) (11 January 2019)

High Court (Queen’s Bench Division)

Cohen v Lorrells LLP & Ors [2019] EWHC 32 (QB) (15 January 2019)

Source: www.bailii.org

SRA “not sufficiently transparent” in explaining decisions – Legal Futures

‘The Solicitors Regulation Authority (SRA) is “not sufficiently transparent” in explaining its decisions at board level, the Legal Services Board (LSB) has said.’

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Legal Futures, 15th January 2019

Source: www.legalfutures.co.uk

The Employment Rights of Uber Drivers: A Battle Won, the War Goes On – Oxford Human Rights Hub

Posted January 16th, 2019 in contract of employment, holidays, minimum wage, news, self-employment, taxis by sally

‘The judgment of the English Court of Appeal in Uber B.V. & others v Aslam & others (Case No: A2/2017/3467; 19 December 2018) has been hailed as a victory for workers. Uber’s business model, in common with many digital platforms, depends on classifying its drivers as independent contractors, who do not enjoy the rights of “employees” or “workers”. In essence, the majority of the Court endorsed the finding of the Employment Tribunal (ET) that these contractual provisions “do not correspond with the practical reality” and that the notion of Uber in London as “a mosaic of 30,000 small businesses linked by a common ‘platform’ is to our minds faintly ridiculous.”’

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Oxford Human Rights Hub, 14th January 2019

Source: ohrh.law.ox.ac.uk

Unlawful service of claim by unregulated person still valid – Legal Futures

Posted January 16th, 2019 in litigants in person, news, service by sally

‘It was wrong to punish a litigant in person who used an unregulated business to serve a claim, even though this was the unlawful conduct of litigation, the Court of Appeal has ruled.’

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Legal Futures, 16th January 2019

Source: www.legalfutures.co.uk

Upskirting to be crime after Lords back bill – BBC News

Posted January 16th, 2019 in bills, news, outraging public decency, photography, sexual offences by sally

‘A woman who launched a campaign against upskirting after being targeted at a festival 18 months ago has said “we did it!” after legislation was passed to make it a crime in England and Wales.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Mark Evans death: Angela Ayre found guilty of manslaughter – BBC News

Posted January 16th, 2019 in domestic violence, homicide, news by sally

‘A woman who stabbed her partner after he urinated in their conservatory has been found guilty of manslaughter.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Judge who told barrister she “did not need to lie” was not biased – Litigation Futures

Posted January 16th, 2019 in barristers, bias, employment tribunals, news by sally

‘A judge who accused a barrister of telling a lie when she had misheard what was said did not give rise to a conclusion of apparent bias, the employment appeal tribunal has ruled.’

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Litigation Futures, 15th January 2019

Source: www.litigationfutures.com

Hedge fund use of private exit polls attracts City watchdog – The Guardian

Posted January 16th, 2019 in brexit, financial regulation, hedge funds, news, referendums by sally

‘The City watchdog is considering fresh guidelines around the sale of private polling data to hedge funds looking to profit from major political events such as Brexit.’

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The Guardian, 15th January 2019

Source: www.theguardian.com

Woman who crippled cheating rapist lover spared jail – BBC News

Posted January 16th, 2019 in grievous bodily harm, guilty pleas, news, sentencing, suspended sentences by sally

‘A woman who crippled her boyfriend in a hit-and-run crash after finding out he was a convicted rapist with a long-term lover has been spared jail.’

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BBC News, 15th January 2019

Source: www.bbc.co.uk

Norfolk council rebuked over special needs provision – The Guardian

Posted January 16th, 2019 in complaints, local government, news, ombudsmen, special educational needs by sally

‘The local government ombudsman has reprimanded a local authority over its provision for children with special educational needs after upholding 11 complaints against the council over the last two years.’

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The Guardian, 16th January 2018

Source: www.theguardian.com