Day: 23 May 2019
BAILII: Recent Decisions
Supreme Court
Hancock & Anor v Revenue and Customs [2019] UKSC 24 (22 May 2019)
High Court (Chancery Division)
Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019)
Ophir Energy Plc, Re Companies Act 2006 [2019] EWHC 1278 (Ch) (21 May 2019)
High Court (Family Division)
Lomax v Lomax (Referral to Early Neutral Evaluation) [2019] EWHC 1267 (Fam) (20 May 2019)
Source: www.bailii.org
Further clarification on the impact of a CVA on adjudication enforcement – Practical Law: Construction Blog
‘In January, in the second of the two conjoined appeals of Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, Cannon Corporate Ltd v Primus Build Ltd, the Court of Appeal upheld the first instance decision to enforce an adjudicator’s decision where the enforcing party was in a company voluntary arrangement (CVA). In contrast, last week in Indigo Projects London Ltd v Razin and another, the court refused to enforce an adjudicator’s decision where the enforcing party was in a CVA. The reasoning was that enforcement of the decision would interfere with the accounting exercise to be carried out under the CVA. The court provided useful guidance on when this argument is likely to succeed.’
Practical Law: Construction Blog, 22nd May 2019
High Court considers causation in clinical negligence – UK Human Rights Blog
‘Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41.’
UK Human Rights Blog, 22nd May 2019
Source: ukhumanrightsblog.com
High Court considers Article 2 inquests in medical cases – UK Human Rights Blog
‘R (Maguire) v HM’s Senior Coroner for Blackpool and Fylde [2019] EWHC 1232 (Admin). A three-judge panel of the Divisional Court has re-affirmed that, in general, medical inquests do not engage the State’s positive obligations under Article 2 of the European Convention on Human Rights.’
UK Human Rights Blog, 21st May 2019
Source: ukhumanrightsblog.com
Spotlight on child protection in family courts – Ministry of Justice
‘A panel of experts will review how the family courts protect children and parents in cases of domestic abuse and other serious offences, Ministers announced today (Tuesday 21 May).’
Ministry of Justice, 21st May 2019
Source: www.gov.uk/government/organisations/ministry-of-justice
Court of Appeal hands down ruling on village greens and ‘trigger events’ – Local Government Lawyer
‘The Court of Appeal has rejected an appeal by a local authority in a key ruling on the trigger events that suspend the registration of village greens.’
Local Government Lawyer, 22nd May 2019
Source: www.localgovernmentlawyer.co.uk
UN highlights role of legal aid cuts in “immiseration” of millions – Legal Futures
‘The decimation of legal aid has contributed to “the systematic immiseration of millions across Great Britain”, the UN’s expert on poverty and human rights said yesterday.’
Legal Futures, 23rd May 2019
Source: www.legalfutures.co.uk
Sentencing (Pre-consolidation Amendment) Bill introduced to Parliament – Law Commission
‘The Sentencing (Pre-consolidation Amendment) Bill has been introduced into Parliament. This short technical Bill is necessary to pave the way for the main Sentencing Code Bill to be introduced as a consolidation Bill. Once passed, the Sentencing Code will introduce a “clean sweep” of the old sentencing law so that anyone convicted once the Code is in force would automatically be sentenced under the current law.’
Law Commission, 23rd May 2019
Source: www.lawcom.gov.uk/
Home Secretary speech on keeping our country safe – Home Office
‘Home Secretary Sajid Javid spoke on security, the threat from terrorism and the importance of international collaboration.’
Home Office, 20th May 2019
Source: www.gov.uk/home-office
Youth gang members receive life sentences after vicious attack on rival – Crown Prosecution Service
‘Four young men, three of them teenagers, received life sentences today (21 May 2109) after a Snapchat video and a conversation between offenders in the back of a police van helped secure their conviction for the murder of a 16-year-old boy.’
Crown Prosecution Service, 21st May 2019
Source: www.cps.gov.uk
Chancellor of the High Court talks about the future on visit to Germany – Courts and Tribunals Judiciary
‘On a two-day visit to Germany, the Chancellor of the High Court, Sir Geoffrey Vos, met with judges, lawyers and officials in Bavaria and Berlin to discuss Lawtech and the work of the Business and Property Courts. He spoke at the Palace of Justice in Munich on the position of English law and UK jurisdiction after Brexit to an audience of 120 judges, lawyers and business people, all members of the British Chamber of Commerce in Germany and the Munich Juridical Society.’
Courts and Tribunals Judiciary, 21st May 2019
Accountancy body wins right to regulate oaths – Law Society’s Gazette
‘Chartered accountancy regulator the ICAEW has received a crumb of comfort from the lord chancellor in its long-running campaign to become a regulator of reserved legal activities. David Gauke revealed today that he has decided to grant an application for the ICAEW to become an approved regulator and licensing authority in relation to the administration of oaths.’
Law Society's Gazette, 22nd May 2019
Source: www.lawgazette.co.uk
Sex offender banned from wearing shorts on a train after series of incidents – Daily Telegraph
‘A sex offender has been banned from wearing shorts on trains after series of incidents against women.’
Daily Telegraph, 22nd May 2019
Source: www.telegraph.co.uk
Cadent handed record £44m penalty after customers left without gas – The Guardian
‘Ofgem takes action after tower block residents had no supplies for up to five months.’
The Guardian, 22nd May 2019
Source: www.theguardian.com
Victims of rape and violence being left in dark about attackers’ whereabouts by authorities – The Independent
‘Victims of rape and violence are being “let down” and left in the dark about their attackers’ whereabouts, a report has found. The service provided by the National Probation Service (NPS) was “poor”, HM Inspectorate of Probation said in the wake of criticism over “black cab rapist” John Worboys case.’
The Independent, 22nd May 2019
Source: www.independent.co.uk
UN backs demand for Britain to relinquish Chagos islands – Daily Telegraph
‘Britain suffered an embarrassing diplomatic defeat on Wednesday when the United Nations voted overwhelmingly to hand the disputed Chagos islands back to Mauritius.’
Daily Telegraph, 22nd May 2019
Source: www.telegraph.co.uk
Oxbridge can force old professors to retire in order to boost diversity, tribunal ruling suggests – Daily Telegraph
‘Oxford and Cambridge universities can force old professors to retire in order to boost diversity, a tribunal ruling suggests.’
Daily Telegraph, 22nd May 2019
Source: www.telegraph.co.uk
Broadcasters in legal bind over reporting on Tory crisis during election – The Guardian
‘Strict broadcasting laws place restrictions on coverage of politics during voting periods.’
The Guardian, 23rd May 2019
Source: www.theguardian.com
