R v O’BRIEN (2016)

At the appellant's trial for a joint enterprise robbery the judge had been entitled to admit evidence of a co-accused's guilty plea. Although there was CCTV footage which showed that only the appellant could have been involved with the co-accused, the plea had not removed the appellant's defence and, in any event, the jury would … Continue reading R v O’BRIEN (2016)

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MARTEN v NURSING & MIDWIFERY COUNCIL (2016)

A conduct and competence committee of the Nursing and Midwifery Council had been entitled to make a finding of dishonesty against a nurse who had inaccurately recorded a patient's heart rate knowing that it was wrong. The appellant nurse appealed against a finding of dishonesty made by a committee of the respondent Nursing and Midwifery … Continue reading MARTEN v NURSING & MIDWIFERY COUNCIL (2016)

RE C (CHILDREN) (2016)

The High Court could invoke its inherent jurisdiction to prevent a parent with parental responsibility from registering their child with the forename of their choice. The power was to be exercised only in the most extreme cases where the parent's choice of forename gave rise to reasonable cause to believe that the child would suffer … Continue reading RE C (CHILDREN) (2016)

MOHAMMED KHAWAJA v (1) PARESH POPAT (2) ANJU POPAT (2016)

A company director had breached a freezing injunction by procuring the company's breach of a requirement not to deal with assets and by failing to comply with a requirement to provide information. He was in contempt of court and it was irrelevant that he claimed not to have intended to breach the injunction. The judge … Continue reading MOHAMMED KHAWAJA v (1) PARESH POPAT (2) ANJU POPAT (2016)

WALID YOUSIF v COMMISSIONER OF POLICE OF THE METROPOLIS (2016)

The judge below had been correct to conclude that the appellant's treatment while in police custody did not give rise to a breach of ECHR art.3 or art.8. The strip search and cell move (while unclothed) to which he had been subjected had resulted from his own failure to engage with officers at the police … Continue reading WALID YOUSIF v COMMISSIONER OF POLICE OF THE METROPOLIS (2016)

HAMISH MACDONALD v MYERSCOUGH COLLEGE (2016)

A college which provided training to students intending to become tree surgeons was liable in negligence, by reason of inadequate supervision, to a student who had fallen from a tree during a training exercise. However, the student should bear 65% of the responsibility for the accident, having inexplicably released a safety device which would have … Continue reading HAMISH MACDONALD v MYERSCOUGH COLLEGE (2016)

COMMODITIES RESEARCH UNIT INTERNATIONAL (HOLDINGS) LTD AND ORS v KING & WOOD MALLESONS LLP (FORMERLY KNOWN AS SJ BERWIN LLP) (2016)

A firm of solicitors advising a group of companies regarding the termination of the employment of a chief executive officer had not been asked to advise and had not breached its duty by not advising on the interpretation of an incentive plan clause. However, it had been in breach of its duty of care by … Continue reading COMMODITIES RESEARCH UNIT INTERNATIONAL (HOLDINGS) LTD AND ORS v KING & WOOD MALLESONS LLP (FORMERLY KNOWN AS SJ BERWIN LLP) (2016)