Day: 6 January 2020

BAILII: Recent Decisions

Posted January 6th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Behbehani v Behbehani [2019] EWCA Civ 2301 (20 December 2019)

C (A Child) (Special Guardianship Order) [2019] EWCA Civ 2281 (20 December 2019)

D (A Child) (Fact-Finding Appeal), Re [2019] EWCA Civ 2302 (20 December 2019)

J (Children), Re [2019] EWCA Civ 2300 (20 December 2019)

Junied, R (on the application of) v Secretary of State for Home Department [2019] EWCA Civ 2293 (20 December 2019)

Auden McKenzie (Pharma Division) Ltd v Patel [2019] EWCA Civ 2291 (20 December 2019)

Court of Appeal (Criminal Division)

PS v R. [2019] EWCA Crim 2286 (20 December 2019)

High Court (Administrative Court)

Clarke & Ors, R (On the Application Of) v Holliday [2019] EWHC 3596 (Admin) (24 December 2019)

MR (Pakistan) & Anor, R (On the Application Of) v Secretary of State for Justice & Ors [2019] EWHC 3567 (Admin) (20 December 2019)

Shu & Anor, R (On the Application Of) v The Secretary of State for Health And Social Care & Anor [2019] EWHC 3569 (Admin) (20 December 2019)

MK, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 3573 (Admin) (20 December 2019)

Sunman v Environment Agency [2019] EWHC 3564 (Admin) (20 December 2019)

London Borough of Hillingdon, R (on the application of) v Secretary of Transport & Ors [2019] EWHC 3574 (Admin) (20 December 2019)

Flynn v London Borough of Southwark [2019] EWHC 3575 (Admin) (20 December 2019)

ASDA Stores Ltd, R (on the application of) v Leeds City Council & Anor [2019] EWHC 3578 (Admin) (20 December 2019)

KK, R (On the Application Of) v Tavistock And Portman NHS Foundation [2019] EWHC 3565 (Admin) (20 December 2019)

Oyebola, R.(On the Application of) v Criminal Cases Review Commission [2019] EWHC 3559 (Admin) (20 December 2019)

High Court (Chancery Division)

Crumpler & Anor (Liquidators Of Peak Hotels And Resorts Ltd v Candey Limited [2019] EWHC 3558 (Ch) (20 December 2019)

London Borough of Camden Council & Anor v Saint Benedict’s Land Trust Ltd [2019] EWHC 3576 (Ch) (20 December 2019)

High Court (Commercial Court)

Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors [2019] EWHC 3568 (Comm) (20 December 2019)

The Republic of Korea v Dayyani & Ors [2019] EWHC 3580 (Comm) (20 December 2019)

High Court (Family Division)

TT v CDS [2019] EWHC 3572 (Fam) (20 December 2019)

A London Borough v X (Wardship: Parental Responsibility; Deprivation of Liberty) [2019] EWHC B16 (Fam) (12 December 2019)

High Court (Queen’s Bench Division)

Elphicke v Times Newspapers Ltd [2019] EWHC 3563 (QB) (20 December 2019)

Joseph v Deloitte NSE LLP [2019] EWHC 3583 (QB) (20 December 2019)

Uwen v General Medical Council [2019] EWHC 3483 (Admin) (20 December 2019)

Byczak v Polish Judicial Authority [2019] EWHC 3485 (Admin) (20 December 2019)

Collyer v Mid Essex Hospital Services NHS Trust [2019] EWHC 3577 (QB) (20 December 2019)

Ramsden v HM Revenue and Customs [2019] EWHC 3566 (QB) (20 December 2019)

Turley v UNITE the Union & Anor [2019] EWHC 3547 (QB) (19 December 2019)

High Court (Technology and Construction Court)

Alstom Transport UK Ltd v Network Rail Infrastructure Ltd [2019] EWHC 3585 (TCC) (20 December 2019)

Source: www.bailii.org

Home Office faces legal cases over Zimbabwean asylum seekers – The Guardian

Posted January 6th, 2020 in asylum, government departments, human rights, immigration, judicial review, news, Zimbabwe by sally

‘The Home Office faces a series of legal challenges over its decision to allow Zimbabwean government officials to interview people from the country who are seeking asylum in the UK.’

Full Story

The Guardian, 5th January 2020

Source: www.theguardian.com

Manchester rapes: How Reynhard Sinaga found his victims – BBC News

Posted January 6th, 2020 in drug offences, homosexuality, news, rape, sexual offences, victims, video recordings by sally

‘Reynhard Sinaga is thought to be the UK’s most prolific rapist ever. For several years, until he was caught in 2017, he preyed on young men enjoying a night out.’

Full Story

BBC News, 6th January 2020

Source: www.bbc.co.uk

Reynhard Sinaga: Britain’s ‘most prolific rapist’ jailed for life – BBC News

Posted January 6th, 2020 in drug offences, homosexuality, news, sentencing, sexual offences, victims by sally

‘A man convicted of 159 sex offences and said to be Britain’s most prolific rapist can be identified for the first time after the end of his latest trial.’

Full Story

BBC News, 6th January 2020

Source: www.bbc.co.uk

Grenfell victims face eight-year wait for justice over inferno that killed 72 – Daily Telegraph

Posted January 6th, 2020 in accidents, bereavement, delay, emergency services, families, fire, inquiries, news, victims by sally

‘The families of Grenfell victims could be forced to wait at least eight years after the tragedy to discover if anybody will ever be charged over 72 deaths.’

Full Story

Daily Telegraph, 4th January 2020

Source: www.telegraph.co.uk

Tafida Raqeeb: Costs Judgment – Transparency Project

Posted January 6th, 2020 in accidents, children, costs, EC law, families, hospitals, human rights, judicial review, medical treatment, news by sally

‘In 2019, we reported on the tragic case of Tafida Raqeeb. Raqeeb v Barts Health NHS Trust [2019] EWHC 2531 (Admin) and [2019] EWHC 2530 (Fam)). As a brief reminder, Tafida Raqeeb, now aged 5, experienced a catastrophic brain injury in February 2019. The treating hospital believed that it was in her best interests for treatment to be withdrawn. Tafida’s parents disagreed and wished for life-sustaining treatment to continue. They sought alternative options and wanted to take Tafida to Italy for treatment. The Hospital Trust applied to the family court for permission to withdraw treatment. Tafida’s parents also sought judicial review of the Trust’s decision, arguing that the refusal by the Trust to allow Tafida’s parents to transfer her to Italy was an infringement of her EU rights. Mr Justice MacDonald decided that the decision of the Trust was unlawful but declined to grant relief to Tafida. In the proceedings under the Children Act 1989, the application of the NHS Trust, for an order that treatment be withdrawn, was dismissed.’

Full Story

Transparency Project, 3rd January 2020

Source: www.transparencyproject.org.uk

UK could forfeit security council seat over Chagos Islands dispute – The Guardian

Posted January 6th, 2020 in Chagos Islands, human rights, international law, news, United Nations by sally

‘The UK could lose its permanent seat on the UN security council unless it resolves the future of the Chagos Islands, the archipelago in the Indian Ocean whose largest island, Diego Garcia, is a US military base.’

Full Story

The Guardian, 5th January 2020

Source: www.theguardian.com

High court to decide if children can consent to gender reassignment – The Guardian

Posted January 6th, 2020 in autism, children, consent, gender, judicial review, medical treatment, news, transgender persons by sally

‘A landmark test case to establish whether children can give informed consent to medical treatment for gender reassignment begins in the high court this week.’

Full Story

The Guardian, 5th January 2020

Source: www.theguardian.com

Ethical veganism is a protected belief, rules Employment Tribunal – UK Human Rights Blog

Posted January 6th, 2020 in disciplinary procedures, disclosure, employment, employment tribunals, equality, harassment, human rights, news, pensions, professional conduct, unfair dismissal, veganism by sally

‘In what multiple commentators have hailed as a landmark legal case, Norwich Employment Tribunal found that the Claimant’s “ethical veganism” is a philosophical belief and therefore a protected characteristic for the purposes of section 10 of the Equality Act 2010 (“s.10”) following a preliminary hearing on 2nd and 3rd January 2020.’

Full Story

UK Human Rights Blog, 4th January 2020

Source: ukhumanrightsblog.com

London borough fails in Planning Court challenge to ministerial approval for works on HS2 ecological mitigation site – Local Government Lawyer

Posted January 6th, 2020 in appeals, environmental protection, judicial review, local government, news, planning, railways, transport by sally

‘The London Borough of Hillingdon has lost a judicial review challenge over a decision by government ministers to allow High Speed Two’s appeal over the council’s refusal to grant approval for proposed works for the creation of an ecological mitigation area.’

Full Story

Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Blind sex offender cannot take guide dog to prison – BBC News

Posted January 6th, 2020 in child abuse, children, disabled persons, dogs, imprisonment, news, prisons, sentencing, sexual offences by sally

‘A man who sexually abused a 10-year-old girl has been jailed for seven years.’

Full Story

BBC News, 2nd January 2020

Source: www.bbc.co.uk

On not being entitled to make decisions, let alone wrong ones – Nearly Legal

Posted January 6th, 2020 in appeals, housing, jurisdiction, landlord & tenant, leases, news, repairs, service charges, tribunals by sally

‘An Upper Tribunal appeal decision where just about everything that could have been wrong about the first instance First Tier Tribunal decision was.’

Full Story

Nearly Legal, 5th January 2020

Source: nearlylegal.co.uk

Timetable set for new inquest into ‘air quality’ death of child – Local Government Lawyer

Posted January 6th, 2020 in causing death of children or vulnerable adults, children, environmental health, health & safety, human rights, inquests, news, pollution by sally

‘A new inquest into the death of 9 year-old Ella Kissi-Debrah will be held November or December this year, following the ordering of a new inquest by the high court last year.’

Full Story

Local Government Lawyer, 3rd January 2020

Source: www.localgovernmentlawyer.co.uk

Four days to comply with new money laundering rules – Legal Futures

Posted January 6th, 2020 in barristers, documents, electronic filing, legal profession, money laundering, news, solicitors, time limits by sally

‘Lawyers have until just this Friday to ensure they comply with the Fifth Money Laundering Directive, the government announced just before Christmas.’

Full Story

Legal Futures, 6th January 2020

Source: www.legalfutures.co.uk

Ethical veganism is philosophical belief, tribunal rules – BBC News

Posted January 6th, 2020 in disciplinary procedures, disclosure, employment, employment tribunals, equality, human rights, news, pensions, professional conduct, unfair dismissal, veganism by sally

‘Ethical veganism is a “philosophical belief” and so is protected in law, a tribunal has ruled for the first time.’

Full Story

BBC News, 3rd January 2020

Source: www.bbc.co.uk

Stowaways who caused havoc on container ship in Thames Estuary jailed – BBC News

Posted January 6th, 2020 in affray, immigration, news, sentencing, threatening behaviour by sally

‘Four stowaways have been jailed after they ran amok on a container ship as it navigated the world’s busiest shipping lanes.’

Full Story

BBC News, 3rd January 2020

Source: www.bbc.co.uk

Man, 81, seeks to quash conviction for apartheid protest – The Guardian

Posted January 6th, 2020 in appeals, demonstrations, disclosure, evidence, human rights, inquiries, news, police, spying by sally

‘An 81-year-old retired academic is seeking to overturn a criminal conviction he received after taking part in an anti-apartheid protest that had been infiltrated by an undercover police officer.’

Full Story

The Guardian, 6th January 2020

Source: www.theguardian.com