Alan Shearer gets payout over ‘bad advice’ pension – BBC News
‘Ex-England footballer and BBC pundit Alan Shearer has won £100,000 in a court fight with a financial advisor.’
BBC News, 13th December 2019
Source: www.bbc.co.uk
Day: 17 December 2019
Is lawfulness of occupation relevant to the residential occupier test? – Practical Law Construction Blog
‘We don’t see the section 106 residential occupier exemption appearing in the law reports all that often, possibly because the law surrounding its meaning is fairly well settled, particularly since Coulson J’s 2013 judgment in Westfields Construction Ltd v Lewis. Therefore, I was rather intrigued by the judgment in Howsons Ltd v Redfearn and another. It dates from the summer but is an interesting read because the judge, HHJ Nigel Bird, appears to have extended the section 106 residential occupier test to cover the question of lawfulness of occupation.’
Practical Law Construction Blog, 17th December 2019
Case Preview: XX v Whittington Hospital NHS Trust – UKSC Blog
‘Will Lady Hale change her mind, 17 years on? On 16 and 17 December 2019 a panel presided over by Lady Hale will decide whether or not the Court of Appeal were correct last year in not following an earlier judgment of Lady Hale in a 2002 case concerning recovery of damages for the costs of surrogacy.’
UKSC Blog, 16th December 2019
Source: ukscblog.com
Housing benefits, human rights and possession claims – Local Government Lawyer
‘Public sector and private sector landlords need to know about a recent housing benefit ruling from the Supreme Court, write Karl Anders and Deborah Brown.’
Local Government Lawyer, 17th December 2019
Source: www.localgovernmentlawyer.co.uk
High Court quashes decision by council to refuse to accept second homelessness application over failure to consider new medical evidence – Local Government Lawyer
‘A Deputy High Court judge has quashed a decision by a borough council to refuse a claimant’s second homelessness application, after it failed to take into account new medical evidence.’
Local Government Lawyer, 16th December 2019
Source: www.localgovernmentlawyer.co.uk
BAILII: Recent Decisions
Supreme Court
Miller & Ors v Ministry of Justice [2019] UKSC 60 (16 December 2019)
Patel v Secretary of State for the Home Department [2019] UKSC 59 (16 December 2019)
Court of Appeal (Criminal Division)
Clements, R v [2019] EWCA Crim 2253 (12 December 2019)
Wooff, R v [2019] EWCA Crim 2249 (12 December 2019)
Montaut, R v [2019] EWCA Crim 2252 (12 December 2019)
High Court (Administrative Court)
High Court (Chancery Division)
Bate & Anor v Affinity Water Ltd [2019] EWHC 3425 (Ch) (16 December 2019)
High Court (Queen’s Bench Division)
Perkier Foods Ltd v Halo Foods Ltd [2019] EWHC 3462 (QB) (16 December 2019)
PME v The Scout Association [2019] EWHC 3421 (QB) (12 December 2019)
High Court (Technology and Construction Court)
ISG Construction Ltd v English Architectural Glazing Ltd [2019] EWHC 3482 (TCC) (16 December 2019)
Source: www.bailii.org
Supreme Court allows appeal over part-time judges’ pensions – Law Society’s Gazette
‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’
Law Society's Gazette, 16th December 2019
Source: www.lawgazette.co.uk
Coroner criticises NHS after death of patient with broken neck who was shunted between hospitals three times – The Independent
‘The death of Jean Waghorn, who died after contracting pneumonia in hospital, sparked criticism from a coroner who said the NHS trust had ignored earlier warnings over moving patients between hospitals. Senior coroner Veronica Deeley had issued two official alerts to Brighton and Sussex Hospitals Trust last year after the deaths of frail elderly patients who were wrongly shuttled between hospitals.’
The Independent, 16th December 2019
Source: www.independent.co.uk
Freeman tribunal adjourned and may not finish until October next year – The Guardian
‘The occasionally dramatic if sprawling medical tribunal of the former British Cycling and Team Sky doctor Richard Freeman, which was due to be done and dusted last March, may not finish now until October 2020 after being adjourned yet again.’
The Guardian, 16th December 2019
Source: www.theguardian.com
Appeal to be heard for banned jockeys who failed to heed a yellow void-race flag at Sandown – Daily Telegraph
‘The seven jockeys who each received a 10-day ban for failing to heed a yellow void-race flag at Sandown on December 7 will have their appeal heard by the British Horseracing Authority’s independent disciplinary panel in High Holborn on Tuesday.’
Daily Telegraph, 16th December 2019
Source: www.telegraph.co.uk
Football for sale: Agent and manager found guilty of bribery – Daily Telegraph
‘A players’ agent and a senior club football manager have been convicted of bribery charges following a Telegraph investigation.’
Daily Telegraph, 16th December 2019
Source: www.telegraph.co.uk
Subpostmasters ‘vindicated’ as high court finds IT system had ‘bugs and defects’, paving way for further legal action – Daily Telegraph
‘Former subpostmasters who brought legal action against the Post Office say they have been “vindicated” after the High Court finds that their IT system had “bugs and defects,” paving the way for further legal action.’
Daily Telegraph, 16th December 2019
Source: www.telegraph.co.uk
Election candidate guilty of harassing MP Anna Soubry – BBC News
‘A Brexit activist who was “obsessed” with former MP Anna Soubry has been jailed for 28 days for harassing her.’
BBC News, 16th December 2019
Source: www.bbc.co.uk
Grenfell Tower: London Fire Brigade ‘too slow to learn lessons from disaster’, says watchdog – The Independent
‘The London Fire Brigade (LFB) has been too slow to learn lessons from the Grenfell tragedy, with “wasteful” practices, insufficiently trained staff and failure to follow national guidance still being a problem in the organisation two and a half years on, a watchdog has warned.’
The Independent, 17th December 2019
Source: www.independent.co.uk
Prolific thief Michael Weir jailed for 1998 ‘double jeopardy’ murders – BBC News
‘A serial burglar has been sentenced to life for the murders of two pensioners during break-ins in 1998.’
BBC News, 16th December 2019
Source: www.bbc.co.uk
Medway youth jail still subjecting children to pain-inflicting techniques – Ofsted – The Guardian
‘Children at a scandal-hit jail set to close in three months are still being subjected to pain-inflicting techniques during physical restraints, despite repeated warnings against using what inspectors have called “unacceptable” practice.’
The Guardian, 16th December 2019
Source: www.theguardian.com
Rape convictions: Justice system near ‘breaking point’, says watchdog – BBC News
‘A review of record low rape conviction rates has found a justice system “close to breaking point” because of cuts. The Crown Prosecution Service Inspectorate (CPSI) said a “damning” number of cases are lost during “under-resourced” police investigations. But it rejected claims that prosecutors are unfairly selective about cases they charge.’
BBC News, 17th December 2019
Source: www.bbc.co.uk
