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
Month: December 2019
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
Council acted unlawfully when assessing whether applicant was ‘former relevant child’ – Local Government Lawyer
‘The High Court has ruled that the London Borough of Ealing acted unlawfully in its assessment of whether applicant AB was a “former relevant child” within the meaning of section 23C of the Children Act 1989.’
Local Government Lawyer, 13th December 2019
Source: www.localgovernmentlawyer.co.uk
Relief for councils as NHS trusts lose High Court bid to claim £1.5bn charities reduction on business rates – Local Govenment Lawyer
‘A group of 17 NHS foundation trusts have failed to persuade a High Court judge that they are charities and so eligible for substantial reductions on the non-domestic rates payable on the properties they occupy.’
Local Govenment Lawyer, 12th December 2019
Source: www.localgovernmentlawyer.co.uk
Consumer Credit Act must be modernised urgently, says trade body – OUT-LAW.com
‘The next UK government must act urgently to bring consumer credit laws up to date, a trade body has said. The Finance and Leasing Association (FLA) said that lenders were prevented by the Consumer Credit Act (CCA) from stepping in to help customers in financial difficulty quickly enough, while requiring them to send “old fashioned and severely worded letters”.’
OUT-LAW.com, 13th December 2019
Source: www.pinsentmasons.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Gray v Hurley [2019] EWCA Civ 2222 (12 December 2019)
Y (A Child) [2019] EWCA Civ 2209 (12 December 2019)
High Court (Administrative Court)
Celczynski v Polish Judical Authority [2019] EWHC 3450 (Admin) (12 December 2019)
High Court (Chancery Division)
Flatman v Wiles & Anor [2019] EWHC 3338 (Ch) (13 December 2019)
Aiwa Co. Ltd v Aiwa Corporation [2019] EWHC 3468 (Ch) (13 December 2019)
Todd v Parsons & Ors [2019] EWHC 3366 (Ch) (12 December 2019)
Fromageries Bel SA v J Sainsbury Plc [2019] EWHC 3454 (Ch) (12 December 2019)
High Court (Commercial Court)
James Kemball Ltd v “K” Line (Europe) Ltd & Anor [2019] EWHC 3422 (Comm) (13 December 2019)
High Court (Queen’s Bench Division)
Essex County Council & Ors v Davies & Ors [2019] EWHC 3443 (QB) (12 December 2019)
Banks v Cadwalladr [2019] EWHC 3451 (QB) (12 December 2019)
PME v The Scout Association [2019] EWHC 3421 (QB) (12 December 2019)
Triaster Ltd v Dun & Bradstreet Ltd [2019] EWHC 3433 (QB) (12 December 2019)
Source: www.bailii.org
High Court limits scope of provisional assessment appeals – Litigation Futures
‘A party’s right to appeal from an oral hearing that follows a provisional assessment is limited to decisions made at the hearing, the High Court has ruled.’
Litigation Futures, 16th December 2019
Source: www.litigationfutures.com
CA upholds third party’s oral agreement to pay solicitor’s fees – Litigation Futures
‘A solicitor who had an oral agreement with the son-in-law of a client that he would cover the legal fees did not fall foul of the 1677 Statute of Frauds, the Court of Appeal has ruled.’
Litigation Futures, 16th December 2019
Source: www.litigationfutures.com
Court orders change in living arrangements for a child following parental alienation – Family Law
‘Jenny Bowden, an associate in Stewarts’ Divorce and Family team, reviews a recent case in which a judge ruled that a child should move to live with his father instead of his mother following the father’s application for a transfer of care (Re H (parental alienation) PA v TT and H [2019] EWHC 2723 (Fam)).’
Family Law, 13th December 2019
Source: www.familylaw.co.uk
Drug user jailed over wheelie bin death in Holloway – Crown Prosecution Service
‘A drug user who threw the body of a man who had died in an overdose into a wheelie bin has been jailed for 16 months.’
Crown Prosecution Service, 13th December 2019
Source: www.cps.gov.uk
‘Dangerous’ married man who impregnated 14-year-old girl is jailed for five years – Crown Prosecution Service
‘A married man who had sex with two teenage girls aged 14 and 15, impregnating the 14-year-old has been jailed for five years.’
Crown Prosecution Service, 13th December 2019
Source: www.cps.gov.uk
Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law – Courts and Tribunals Judiciary
‘Speech by Mrs Justice Cheema-Grubb: Mind-Reading: Neuroscience and The Law.’
Courts and Tribunals Judiciary, 13th December 2019
Source: www.judiciary.uk
Crown court disposals fall despite growing caseload – Law Society’s Gazette
‘The Crown court faces a growing backlog of work, as the number of criminal cases reaching court rises but the number of disposals falls.’
Law Society's Gazette, 16th December 2019
Source: www.lawgazette.co.uk
UK water companies ordered to cut bills by £50 by 2025 – The Guardian
‘Ofwat, the water regulator, has ordered water companies in England and Wales to cut bills for customers by £50 over five years and spend £51bn on improving services and investment in infrastructure.’
The Guardian, 16th December 2019
Source: www.theguardian.com
‘ “Village green” ’ land at risk after ruling by supreme court – The Guardian
‘Decision on Moorside Fields in Lancaster makes it harder to stop public space being developed.’
The Guardian, 14th December 2019
Source: www.theguardian.com
Supreme Court to decide if NHS should pay for woman’s surrogacy abroad in historic ruling – The Independent
‘Britain’s highest court will hear the case of a woman who is asking the NHS to pay for her to have surrogates birth her child in the US after the health service’s failure to spot her cervical cancer left her infertile.’
The Independent, 16th December 2019
Source: www.independent.co.uk
ALI V BARBOSA [2019] EWHC 2776 (Fam)– Void or Voidable. Maintaining the discretion of the family court and the importance of the circumstances of the case – Becket Chambers
‘In October 2019, Mrs Justice Lieven DBE considered an application by a husband that the wife’s divorce proceedings, and the decree absolute, should be set aside for breaches in relation to service of the proceedings.’
Becket Chambers, 6th December 2019
Source: becket-chambers.co.uk
A ‘fair hearing’ in the family court includes the judge creating the appropriate atmosphere – 5SAH
‘Within the U.K. there are two judicial systems: the law of England and Wales and the law of Scotland; which differ slightly. The Human Rights Act 1998 came into force on the 2nd October 2000 to incorporate the European Convention on Human Rights and Fundamental Freedoms 1950 (‘the Convention’) into the law of England & Wales. At the same time that the Human Rights Act 1998 was passing through parliament the Scotland Act 1998 was also making its’ way through parliament. Under the Scotland Act 1998, in May 1999, the U.K. devolved legislative and executive power to Scotland. The primary function of the Scotland Act 1998 was to set up a system of devolved government for Scotland, but it also included important provisions relating to the protection of the rights guaranteed by the Convention (‘Convention rights’).’
5SAH, 10th December 2019
Source: www.5sah.co.uk
What happens when a court order in private family law proceedings is breached? – Becket Chambers
‘Parties named in a court order must follow the order. A party found to be in breach of an order may be fined, imprisoned, ordered to undertake unpaid work or have their assets seized. The penalty is at the discretion of the court.’
Becket Chambers, 10th December 2019
Source: becket-chambers.co.uk
