BAILII: Recent Decisions

Posted January 21st, 2019 in law reports by tracey

Court of Appeal (Civil Division)

AB, R (On the Application Of) v Secretary of State for Justice [2019] EWCA Civ 9 (18 January 2019)

Court of Appeal (Criminal Division)

Shepherd v The Information Commissioner [2019] EWCA Crim 2 (18 January 2019)

High Court (Administrative Court)

Hudson Contract Services Ltd v Construction Industry Training Board [2019] EWHC 45 (Admin) (18 January 2019)

El Gizouli, R (On the Application Of) v The Secretary of State for the Home Department [2019] EWHC 60 (Admin) (18 January 2019)

Swale Borough Council v Secretary of State for Housing Communities And Local Government & Ors [2018] EWHC 3402 (Admin) (16 January 2019)

Bright Horizons Family Solutions Ltd v Secretary of State for Communities And Local Government [2019] EWHC 14 (Admin) (16 January 2019)

High Court (Chancery Division)

Universities Superannuation Scheme Ltd v Scragg & Ors [2019] EWHC 51 (Ch) (18 January 2019)

High Court (Commercial Court)

Cunico Resources NV & Ors v Daskalakis & Anor [2019] EWHC 57 (Comm) (18 January 2019)

General Dynamics United Kingdom Ltd v Libya [2019] EWHC 64 (Comm) (18 January 2019)

High Court (Queen’s Bench Division)

The Home Office v TR & Anor [2019] EWHC 49 (QB) (17 January 2019)

Palliser Ltd v Fate Ltd & Ors [2019] EWHC 43 (QB) (16 January 2019)

UK Dry Risers Ltd v Maher [2019] EWHC 44 (QB) (16 January 2019)

High Court (Technology and Construction Court)

Abbvie Ltd v The NHS Commissioning Board (NHS England) [2019] EWHC 61 (TCC) (18 January 2019)

Source: www.bailii.org

Immigration chief hits out as “abuse” by lawyers – Legal Futures

Posted January 21st, 2019 in appeals, asylum, immigration, judicial review, news by tracey

‘The appeal system for failed asylum-seekers has been “heavily abused by some lawyers”, the former Home Office director-general of immigration enforcement has claimed.’

Full Story

Legal Futures, 21st January 2019

Source: www.legalfutures.co.uk

Simplify Immigration Rules, proposes Law Commission – Law Commission

Posted January 21st, 2019 in immigration, Law Commission, press releases, regulations by tracey

‘Law Commission proposes to simplify how the Immigration Rules are drafted and presented, so they are easier to follow and more user friendly.’

Full press release</a

law Commission , 21st January 2019

Source: www.lawcom.gov.uk

Remedial order permitting single applicants to apply for parental orders now in force – Family Law

Posted January 21st, 2019 in news, parental responsibility, surrogacy by tracey

‘Olivia Stiles, an associate at Kingsley Napley, looks at the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, which came into force on 3 January and permits single applicants to apply for Parental Orders in respect of their biological children born through surrogacy.’

Full Story

Family Law, 21st January 2019

Source: www.familylaw.co.uk

Gang jailed for selling potentially lethal drugs on the dark web – Crown Prosecution Service

Posted January 21st, 2019 in drug trafficking, internet, news, sentencing by tracey

‘Three men who used the dark web to sell potentially lethal drugs to hundreds of customers across the UK and abroad have today (18 January) been jailed for a total of more than 43 years.’

Full Story

Crown Prosecution Service, 18th January 2019

Source: www.cps.gov.uk

Gang convicted of violent attack which saw corrosive substance squirted at bystanders – Crown Prosecution Service

Posted January 21st, 2019 in hazardous substances, news, sentencing, violent disorder by tracey

‘Nine men have been convicted of carrying out a violent attack which saw a corrosive substance squirted at bystanders trying to stop a street assault.’

Full Story

Crown Prosecution Service, 18th January 2019

Source: www.cps.gov.uk

Speech by Sir Geoffrey Vos: Judicial diversity and LawTech – Do we need to change the way we litigate business and property disputes? – Courts and Tribunals Judiciary

Posted January 21st, 2019 in diversity, electronic filing, judiciary, press releases by tracey

‘Speech by Sir Geoffrey Vos: Judicial diversity and LawTech – Do we need to change the way we litigate business and property disputes?.’

Full press release

Courts and Tribunals Judiciary, 21st January 2019

Source: www.judiciary.gov

Bar Council to open membership to chambers – Law Society’s Gazette

Posted January 21st, 2019 in barristers, barristers' clerks, news by tracey

‘The Bar Council has for the first time made membership available to chambers as well as individuals in a move reflecting the changing shape of the profession. The representative body said it made the move after feedback revealed that chambers staff, including clerks and managers, wanted to take part in training courses and events previously open only to barristers.’

Full Story

Law Society's Gazette, 18th January 2019

Source: www.lawgazette.co.uk

The Thwaite Jurisdiction – No Longer the Last Reserve of the Desperate? – Family Law Week

Posted January 21st, 2019 in family courts, financial provision, jurisdiction, news by tracey

‘Joseph Rainer, barrister, Queen Elizabeth Building examines the use of the Thwaite jurisdiction in relation to the court’s power to revisit financial remedy orders by analysing the relevant case law and using some fictitious practical case studies.’

Full Story

Family Law Week, 16th January 2019

Source: www.familylawweek.co.uk

International Forum on Online Courts London, December 2018: an international family lawyer’s perspective – Family Law Week

Posted January 21st, 2019 in electronic filing, family courts, news by tracey

‘Professor David Hodson OBE MICArb, Partner, The International Family Law Group, provides a family lawyer’s perspective of the matters arising at the inaugural International Forum on Online Courts.’

Full Story

Family Law Week, 16th January 2019

Source: www.familylawweek.co.uk

Gosport hospital deaths: Evidence ‘strong enough to bring charges’ – BBC News

Posted January 21st, 2019 in evidence, homicide, hospitals, murder, news by tracey

‘There is “strong” evidence to bring criminal charges after the deaths of hundreds of patients at Gosport War Memorial Hospital, the detective who led an investigation believes.’

Full Story

BBC News, 20th January 2019

Source: www.bbc.co.uk

Mother has four-year-old son taken from her after failing drug test taken from strand of hair – The Independent

Posted January 21st, 2019 in adoption, care orders, drug abuse, forensic science, news by tracey

‘A mother has been forced to give up her four-year-old son after failing a hair-strand drug test and losing a controversial court battle over his care.’

Full Story

The Independent, 20th January 2019

Source: www.independent.co.uk

Former soldier who contracted Q fever in Afghanistan sues MoD – The Guardian

Posted January 21st, 2019 in Afghanistan, armed forces, duty of care, news by tracey

‘A former soldier is suing the Ministry of Defence over its failure to protect him from contracting Q fever in Afghanistan.

It is the first case to test the MoD’s duty to protect against Q fever, according to Hilary Meredith Solicitors, acting for Bass. The five-day trial, starting at Central London county court on Monday, will examine the extent of any duty owed by the army to Bass in relation to Q fever, and whether that duty was breached.’

Full Story

The Guardian, 21st January 2019

Source: www.theguardian.com

‘Landmark’ overhaul for domestic abuse laws – BBC News

Posted January 21st, 2019 in bills, domestic violence, news by tracey

‘Domestic abuse victims will receive a wide range of new measures to protect them in what ministers say will be landmark legislation.’

Full Story

BBC News, 21st January 2018

Source: www.bbc.co.uk

Council pays rogue landlord £500,000 in housing benefit – The Guardian

Posted January 21st, 2019 in benefits, housing, local government, news by tracey

‘A repeatedly convicted landlord, ruled unfit to rent out property in a north London borough in 2015, has since received more than £500,000 in housing benefit payments from the same council that banned him. The discovery that a local authority is directly paying public money to a landlord its own officers describe as “rogue” is the latest example of the ineffective regulations designed to police the private rented sector’s worst offenders.’

Full Story

The Guardian, 20th January 2019

Source: www.theguardian.com