Day: 23 October 2019

BAILII: Recent Decisions

Posted October 23rd, 2019 in law reports by tracey

Supreme Court

The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd [2019] UKSC 46 (23 October 2019)

Shanks v Unilever Plc & Ors [2019] UKSC 45 (23 October 2019)

Court of Appeal (Civil Division)

PK (Ukraine) v The Secretary of State for the Home Department [2019] EWCA Civ 1756 (22 October 2019)

Liberty, R (On the Application Of) v The Prime Minister & Anor [2019] EWCA Civ 1761 (22 October 2019)

Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2019] EWCA Civ 1755 (22 October 2019)

Curless v Shell International Ltd [2019] EWCA Civ 1710 (22 October 2019)

Imam, R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 1760 (22 October 2019)

High Court (Administrative Court)

The British Broadcasting Corporation (BBC), R (On the Application Of) [2019] EWHC 2756 (Admin) (22 October 2019)

AT (Guinea)), R (On the Application Of) v Secretary of State for the Home Department & Anor [2019] EWHC 2709 (Admin) (22 October 2019)

High Court (Family Division)

Maughan v Wilmot [2019] EWHC 2765 (Fam) (22 October 2019)

Source: www.bailii.org

Client and lawyers granted harassment injunction – Legal Futures

Posted October 23rd, 2019 in families, harassment, injunctions, news, solicitors, vexatious litigants by tracey

‘The High Court has granted an injunction to protect a former wife, her children and her lawyers from harassment by from her former husband, described as “an exceptionally vexatious litigant”.’

Full Story

Legal Futures, 23rd October 2019

Source: www.legalfutures.co.uk

In-house lawyer cannot rely on leaked email for discrimination claim – Legal Futures

Posted October 23rd, 2019 in anonymity, appeals, disciplinary procedures, disclosure, electronic mail, employment tribunals, interpretation, news, privilege, redundancy, solicitors, unfair dismissal by tracey

‘A former senior in-house lawyer at Shell cannot rely on a leaked internal email or an overheard pub conversation in his discrimination claim against the company, the Court of Appeal has ruled.’

Full Story

Legal Futures, 23rd October 2019

Source: www.legalfutures.co.uk

Court of Appeal orders early neutral evaluation despite party objection – Family Law

Posted October 23rd, 2019 in appeals, civil procedure rules, consent, dispute resolution, families, interpretation, news by tracey

‘The Court of Appeal has held that the court has power to order an early neutral evaluation (ENE) by a judge even where one or more parties do not consent to that course. There was no reason to imply into the relevant rule giving the court power to order ENE any limitation based on the parties’ consent: Lomax v Lomax [2019] EWCA Civ 1467.’

Full Story

Family Law, 21st October 2019

Source: www.familylaw.co.uk

University of Law slashes price of bar training course – Law Society’s Gazette

Posted October 23rd, 2019 in barristers, fees, inns of court, legal education, news, universities by tracey

‘The University of Law has dramatically reduced the price of its bar training course to make it “more accessible and affordable” – after the Inns of Court pledged to deliver a cheaper course for aspiring barristers earlier this year.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

‘Hot courting’ is causing havoc, says criminal bar – Law Society’s Gazette

Posted October 23rd, 2019 in barristers, courts, criminal justice, Crown Prosecution Service, delay, fees, news, time limits, trials by tracey

‘So-called “hot courting” is delaying trials and fuelling job insecurity for barristers, the criminal bar has warned. Caroline Goodwin QC, chair of the Criminal Bar Association, said that the practice of different judges using the same courtroom back-to-back has caused backlogs of cases – just for the sake of “saving electric”.’

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Law Society's Gazette, 22nd October 2019

Source: www.lawgazette.co.uk

Seahorses are to be given greater protection from oil drilling after a landmark High Court challenge – Daily Telegraph

Posted October 23rd, 2019 in animals, consultations, energy, environmental protection, judicial review, news by tracey

‘Seahorses are to be given greater protection from oil drilling off British coastlines after a landmark High Court challenge.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Prosecutors reconsider prosecuting members of Isil ‘Beatles’ gang in the UK – Daily Telegraph

Posted October 23rd, 2019 in appeals, Crown Prosecution Service, evidence, families, jurisdiction, kidnapping, news, Supreme Court, terrorism by tracey

‘The Crown Prosecution Service (CPS) is to reconsider its opposition to putting on trial in the UK a pair of British Islamic State terrorists who were members of so-called “Beatles” cell.’

Full Story

Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Family of man who died after police restraint call for better training – The Guardian

Posted October 23rd, 2019 in bereavement, codes of practice, damages, families, inquests, mental health, news, police, professional conduct, restraint by tracey

‘The family of a company director who died after being restrained on a street by police while suffering acute behavioural disorder (ABD) have called for more training to be given on how to deal with people experiencing such a crisis.’

Full Story

The Guardian, 22nd October 2019

Source: www.theguardian.com

Public inquiry to be held into Manchester terror attack to allow security services to give evidence – Daily Telegraph

Posted October 23rd, 2019 in closed material, coroners, evidence, inquiries, intelligence services, news, police, public interest immunity, terrorism by tracey

‘A public inquiry will be held into the Manchester Arena terror attack so that evidence from the security services and counter-terrorism police can be heard in camera.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Snowdonia campsite death: Drunk driver who killed woman by running over tent jailed – The Independent

Posted October 23rd, 2019 in accidents, dangerous driving, drunk in charge, news, sentencing, unlawful killing by tracey

‘A driver who killed a mother while she slept after drunkenly crashing into tents at a Snowdonia campsite has been jailed.’

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The Independent, 22nd October 2019

Source: www.independent.co.uk

Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph

Posted October 23rd, 2019 in compensation, employment, industrial injuries, negligence, news, personal injuries, psychiatric damage, sport by tracey

‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

Report calls for more support for relatives of Britons murdered abroad – The Guardian

Posted October 23rd, 2019 in bereavement, criminal injuries compensation, families, foreign jurisdictions, homicide, inquests, murder, news by tracey

‘Bereaved families who lose a loved one to homicide overseas deserve far more support from the Foreign Office (FCO) and other agencies, a report by the victims’ commissioner for England and Wales urges.’

Full Story

The Guardian, 23rd October 2019

Source: www.theguardian.com

Katie Price, Lauren Goodger and Georgia Harrison Instagram posts banned – BBC News

Posted October 23rd, 2019 in advertising, food, health, internet, news, ombudsmen by tracey

‘A trio of influencers have had Instagram posts touting diet products banned by the UK’s ad regulator.’

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BBC News, 23rd October 2019

Source: www.bbc.co.uk

Child sex abuse survivors ‘traumatised again’ by facing attackers in court buildings before hearings – The Independent

Posted October 23rd, 2019 in child abuse, courts, cross-examination, inquiries, Ministry of Justice, news, sexual offences, statistics, victims, witnesses by tracey

‘Survivors of childhood sexual abuse are forced to come face-to-face with their tormentors in court buildings while waiting for cases to be heard, a report has revealed.
Such shocks are among a host of failings by authorities and advisers that are regularly leaving people “at risk of being traumatised all over again” and feeling “discarded” by the justice system.’

Full Story

The Independent, 23rd October 2019

Source: www.independent.co.uk

Sex abuse compensation rules ‘must change’ – BBC News

Posted October 23rd, 2019 in child abuse, children, compensation, consent, Ministry of Justice, news, sexual offences, statistics, victims by tracey

‘Rules that mean some victims of childhood sex abuse are denied compensation must be changed, MPs have told the Victoria Derbyshire programme.’

Full Story

BBC News, 23rd October 2019

Source: www.bbc.co.uk

Shamima Begum appeals decision to strip her of UK citizenship – The Independent

Posted October 23rd, 2019 in appeals, citizenship, immigration, news, terrorism by tracey

‘Shamima Begum will appeal the government’s decision to strip her of British citizenship at a specialist court hearing on Tuesday.’

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The Independent, 22nd October 2019

Source: www.independent.co.uk

Drugs: UK should consider legalising possession, MPs say – BBC News

Posted October 23rd, 2019 in bereavement, civil justice, criminal justice, drug offences, government departments, inquiries, news, statistics by tracey

‘The government should investigate decriminalising the possession of all illegal drugs in a bid to prevent the rising number of related deaths, a group of MPs has said.’

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BBC News, 23rd October 2019

Source: www.bbc.co.uk

Dentist struck off after patient bled to death hours after he extracted ten of her teeth – Daily Telegraph

Posted October 23rd, 2019 in dentists, inquests, licensing, medicines, news, professional conduct by tracey

‘A dentist has been banned from practising for a year after one of his patients bled to death only hours after he extracted ten of her teeth.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk