Month: September 2019

BAILII: Recent Decisions

Posted September 4th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Bennett (Construction) Ltd v CMC MBS Ltd [2019] EWCA Civ 1515 (30 August 2019)

Court of Appeal (Criminal Division)

Gunn v Service Prosecuting Authority [2019] EWCA Crim 1470 (03 September 2019)

High Court (Administrative Court)

Bridges, R (On Application of) v The Chief Constable of South Wales Police [2019] EWHC 2341 (Admin) (04 September 2019)

High Court (Chancery Division)

Promontoria (Henrico) Ltd v Samra [2019] EWHC 2327 (Ch) (03 September 2019)

High Court (Commercial Court)

Flowgroup Plc v Co-Operative Energy Ltd [2019] EWHC 2344 (Comm) (04 September 2019)

Orexim Trading Ltd v Mahavir Port And Terminal Private Ltd (Costs) [2019] EWHC 2338 (Comm) (04 September 2019)

High Court (Queen’s Bench Division)

CJ Motorsport Consulting Ltd v Bird & Anor [2019] EWHC 2330 (QB) (03 September 2019)

Source: www.bailii.org

Gang guilty of London to Cornwall county lines drug operation – The Guardian

Posted September 4th, 2019 in children, conspiracy, drug trafficking, gangs, news, young offenders by sally

‘Seven gang members have been found guilty of running a sophisticated county lines operation in which heroin and crack cocaine were shipped from London to Cornwall with vulnerable young people exploited to sell drugs.’

Full Story

The Guardian, 3rd September 2019

Source: www.theguardian.com

Environmental lawyers put local authorities “on notice” over alleged climate inaction – Local Government Lawyer

Posted September 4th, 2019 in charities, climate change, environmental protection, local government, news by sally

‘Environmental law charity ClientEarth has written to 100 local authorities across England to warn that they will violate their legal obligations and risk legal challenge if they do not introduce proper climate change plans.’

Full Story

Local Government Lawyer, 2nd September 2019

Source: www.localgovernmentlawyer.co.uk

‘Misleading’ PeTA ad banned for claiming wool ‘as cruel as fur’ – Daily Telegraph

Posted September 4th, 2019 in advertising, animal cruelty, animals, complaints, news by sally

‘An advert claiming wool is as cruel as fur has been banned by the watchdog because it said sheep need shearing.’

Full Story

Daily Telegraph, 4th September 2019

Source: www.telegraph.co.uk

Police use of facial recognition is legal, Cardiff high court rules – The Guardian

Posted September 4th, 2019 in data protection, facial mapping, news, police, privacy by sally

‘Police use of automatic facial recognition technology to search for people in crowds is lawful, the high court in Cardiff has ruled.’

Full Story

The Guardian, 4th September 2019

Source: www.theguardian.com

Written signatures under threat as law commission backs electronic versions – Daily Telegraph

Posted September 4th, 2019 in electronic commerce, electronic filing, Law Commission, news by sally

‘A 20-month investigation by the Commission into electronic signatures has ruled they are a legally viable alternative to handwritten ones including on deeds from trust documents to powers of attorney, commercial deals, personal financial transactions and across Government.’

Full Story

Daily Telegraph, 3rd September 2019

Source: www.telegraph.co.uk

High Court backs former Claims Direct boss over £21m claim – Legal Futures

Posted September 4th, 2019 in breach of trust, claims management, fiduciary duty, fraud, news by sally

‘Colin Poole, the former chief executive of Claims Direct and a struck-off solicitor, has won a High Court battle with shareholders over an alleged £21m debt.’

Full Story

Legal Futrues, 4th September 2019

Source: www.legalfutures.co.uk

Murderer of boy, five, says probation service should have done more – The Guardian

Posted September 4th, 2019 in children, murder, news, probation, victims by sally

‘A man with multiple convictions for violence including murdering his partner’s child has said the probation service should have done more to protect his victims.’

Full Story

The Guardian, 3rd September 2019

Source: www.theguardian.com

Right to manage still extends across shared estate, despite practical difficulties – Tanfield Chamber

Posted September 4th, 2019 in landlord & tenant, news, service charges by sally

‘Property analysis: A right to manage (RTM) company succeeded in its claim in the First-tier Tribunal (FTT) that the tenants of a block of flats which was part of a larger estate no longer had to pay an estate charge to the management company of the estate because the RTM company had already acquired the right to manage the estate as appurtenant property. The freeholder appealed to the Upper Tribunal and unsuccessfully sought to persuade it that the 2012 Court of Appeal Gala Unity decision on this point was wrong.’

Full Story

Tanfield Chambers, 30th August 2019

Source: www.tanfieldchambers.co.uk

Suspended Jail Sentences For Campaigners Protesting Site Of UK’s ‘Biggest Fracking Tremor’ – Rights Info

Posted September 4th, 2019 in contempt of court, demonstrations, environmental protection, fracking, injunctions, news, sentencing, suspended sentences by sally

‘Three campaigners who breached an injunction restricting protest at a shale gas site struck by what is believed to be the UK’s biggest fracking tremor have been given suspended prison sentences.’

Full Story

Rights Info, 3rd September 2019

Source: rightsinfo.org

SEND reforms have “failed to make system less adversarial for parents” – Local Government Lawyer

Posted September 4th, 2019 in budgets, children, disabled persons, news, special educational needs by sally

‘A key aim of the SEND (special educational needs and disability) reforms introduced in England five years ago – to make the system feel less adversarial for parents – has not been achieved in relation to children with speech, language and communication needs (SLCN), it has been claimed.’

Full Story

Local Government Lawyer, 3rd September 2019

Source: www.localgovernmentlawyer.co.uk

Sir Cliff Richard: BBC ‘pays £2m’ in final settlement after privacy case – BBC News

Posted September 4th, 2019 in BBC, compensation, costs, news, police, privacy by sally

‘Sir Cliff Richard has reached a final settlement after his legal action against the BBC, which will pay a reported £2m towards his legal costs.’

Full Story

BBC News, 4th September 2019

Source: www.bbc.co.uk

White supremacist who sent fake anthrax to Queen jailed for 12 years – The Guardian

Posted September 4th, 2019 in bomb hoaxing, malicious communications, news, racism, religiously aggravated offences, sentencing by sally

‘A white supremacist who triggered a full-scale security alert after sending fake anthrax to the Queen with a threatening note saying “the clowns r coming 4 you” has been jailed for 12 and a half years.’

Full Story

The Guardian, 3rd September 2019

Source: www.theguardian.com

Tribunal rejects solicitor’s “attempts at character assassination” – Legal Futures

Posted September 4th, 2019 in constructive dismissal, contracts, employment tribunals, news, solicitors by sally

‘A solicitor who resigned without notice was in breach of contract, an employment tribunal has ruled after finding that it was not a case of constructive dismissal.’

Full Story

Legal Futures, 4th September 2019

Source: www.legalfutures.co.uk

Landlords charge ‘pet rent’ to recoup losses after ban on unfair fees – The Guardian

Posted September 4th, 2019 in animals, fees, landlord & tenant, news, rent by sally

‘Landlords are charging “pet rent” running into hundreds of pounds a year in an attempt to recoup losses from a ban on unfair letting fees enforced by the government this summer.’

Full Story

The Guardian, 3rd September 2019

Source: www.theguardian.com

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

Posted September 4th, 2019 in brexit, constitutional law, judicial review, ministers' powers and duties, news, parliament, prerogative powers, royal prerogative, Scotland by sally

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

Full Story

BBC News, 4th September 2019

Source: www.bbc.co.uk

Probation service ‘struggling’ with workload, inspectors find – BBC News

Posted September 4th, 2019 in health & safety, news, probation, recruitment by sally

‘The probation service in the South East and East of England has been struggling with “high workloads and staff shortages”, inspectors have said.’

Full Story

BBC News,4th September 2019

Source: www.bbc.co.uk

Anti-fracking trio given suspended sentences for breaking protest ban – The Guardian

Posted September 4th, 2019 in contempt of court, demonstrations, environmental protection, fracking, injunctions, news, sentencing, suspended sentences by sally

‘Three anti-fracking activists have been given suspended prison sentences after breaking a ban on demonstrations which their lawyers argued “severely curtails the right to protest”.’

Full Story

The Guaridan, 3rd September 2019

Source: www.theguardian.com

Farewell to the Assured Shorthold Tenancy – Tanfield Chambers

Posted September 4th, 2019 in consultations, landlord & tenant, news, rent by sally

‘The Government is proposing to abolish Assured Shorthold Tenancies in order to stop “no fault” evictions. In this article I summarise the proposals in the Consultation Paper on which views are sought. This article was published in the Estates Gazette on 5th August 2019.’

Full Story

Tanfield Chambers, 20th August 2019

Source: www.tanfieldchambers.co.uk

Jail for student who brandished replica gun at Exeter University – The Guardian

Posted September 4th, 2019 in firearms, news, sentencing, threatening behaviour by sally

‘A student who triggered an armed police response when he brandished a fake gun on a university campus has been jailed for eight months.’

Full Story

The Guardian, 3rd September 2019

Source: www.theguardian.com