David Dearlove jailed for 1968 Paul Booth murder – BBC News
‘A man who swung his toddler stepson by the ankles and smashed his head into a fireplace has been jailed for a minimum of 13 years.’
BBC News, 1st December 2017
Source: www.bbc.co.uk
Day: 1 December 2017
Vicarious Liability and Data Controllers – Panopticon
‘The High Court (Langstaff J) has today handed down an almost 200 paragraph judgment in the first ever group litigation data breach case to come before the courts. The issue for the court was whether the defendant data controller, Morrisons, was in principle either directly or vicariously liable for the actions of a rogue employee who had, as an act of malice directed at his employer, taken payroll data relating to some 100,000 employees and published it online. The court concluded that, despite itself having been entirely innocent of the misuse, Morrisons was in principle liable to compensate all the claimants in the group, some 5,500 individuals, on the basis of the application of common law (no fault) vicarious liability principles.’
Panopticon, 1st December 2017
Source: panopticonblog.com
Cohabiting partners should have same rights as spouses to claim bereavement damages – UK Human Rights Blog
‘Smith v Lancashire Teaching Hospitals NHS Foundation Trust & Ors (Rev 2) [2017] EWCA Civ 1916. In a landmark decision handed down on 28th November 2017 the Court of Appeal ruled that cohabiting couples should have a right to claim bereavement damages, putting them in a position analogous to spouses and civil partners.’
UK Human Rights Blog, 30th November 2017
Source: ukhumanrightsblog.com
Separate but not equal? – Rajkiran Barhey – UK Human Rights Blog
‘Chief Inspector of Education, Children’s Services and Skills v The Interim Executive Board of Al Hijrah School [2017] EWCA Civ 1426. This fascinating judgment, delivered by the Court of Appeal on 13 October 2017, found that a policy of gender segregation in a co-educational school amounted to unlawful gender discrimination.’
UK Human Rights Blog, 30th November 2017
Source: ukhumanrightsblog.com
Changes to police powers relating to mental health and places of safety – UK Police Law Blog
‘On 11 December 2017, significant amendments will come into force altering the power of the police to detain people who appear to be suffering from mental disorder. This blog post is intended to highlight the fact of the amendments, outline some key changes and point to sources of further information.’
UK Police Law Blog, 29th November 2017
Source: ukpolicelawblog.com
Recent Statutory Instruments – legislation.gov.uk
The Income Tax (Indexation) Order 2017
The Finance Act 2014, Section 300 (Local Loans) (Appointed Day) Order 2017
The Fisheries and Rural Affairs (Miscellaneous Revocations) Regulations 2017
The Fire and Rescue Authority (Membership) Order 2017
The Motor Cars (Driving Instruction) (Amendment) Regulations 2017
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Chancery Division)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Hyde & Ors v Simple Skips Ltd [2017] EWHC 3087 (QB) (30 November 2017)
Philp & Anor v Cook [2017] EWHC 3023 (QB) (28 November 2017)
Source: www.bailii.org
Index Linking Periodical Payments – Family Law Week
‘Andrew Campbell, barrister, Queen Elizabeth Building, analyses the impact of indexation on periodical payment awards with illuminating practical examples showing why this aspect of the award can make a material difference to the payer and the payee.’
Family Law Week, 24th November 2017
Source: www.familylawweek.co.uk
Council concern at impact of High Court ruling quashing housing mix policy – Local Government Lawyer
‘A High Court ruling that quashed Charnwood Borough Council’s new housing mix policy may have reduced the scope for authorities to produce supplementary planning documents, the council has claimed.’
Local Government Lawyer, 30th November 2017
Source: localgovernmentlawyer.co.uk
MPs urge “complacent” government to consider mandatory mediation to cut clinical negligence costs – Litigation Futures
‘The government has been “slow and complacent” in its response to the rising costs of clinical negligence and should consider mandatory mediation for certain types of claim, MPs on the public accounts committee (PAC) said today.’
Litigation Futures, 1st December 2017
Source: www.litigationfutures.com
Simplify planning laws in Wales to create new homes – Law Commission
‘A new planning code for Wales is needed to get the country building and further protect heritage and the environment, says the Law Commission.’
Law Commission, 30th November 2017
Source: www.lawcom.gov.uk/
Speech by the Lord Chief Justice: Justice – Mental Health and Fair Trial Report – Courts and Tribunals Judiciary
‘Speech by the Lord Chief Justice: Justice – Mental Health and Fair Trial Report.’
Courts and Tribunals Judiciary, 28th November 2017
Source: www.judiciary.gov.uk
Speech by Lord Justice Jackson: Does good faith have any role in construction contracts? – Courts and Tribunals Judiciary
‘Speech by Lord Justice Jackson: Does good faith have any role in construction contracts?’
Courts and Tribunals Judiciary, 29th November 2017
Source: www.judiciary.gov.uk
Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit – Courts and Tribunals Judiciary
‘Speech by Sir Geoffrey Vos, Chancellor of the High Court: The Future for the UK’s jurisdiction and English law after Brexit.’
Courts and Tribunals Judiciary, 30th November 2017
Source: www.judiciary.gov.uk
Injustice in Immigration Detention – The Bar Council
‘Migrants held in detention for too long with inadequate access to the courts or to legal help are among a catalogue of problems highlighted by ‘Injustice in Immigration Detention’, an independent report by Dr Anna Lindley of SOAS, published today.’
The Bar Council, 30th November 2017
Source: www.barcouncil.org.uk
Police officer who blackmailed member of the public has sentence increased – Attorney General’s Office
‘Police officer has sentence increased after Solicitor General Robert Buckland QC MP referred his original sentence to the Court of Appeal.’
Attorney General’s Office, 30th November 2017
Source: www.gov.uk/ago
Watchdog calls on MPs to ease rules after being told to toughen up – Daily Telegraph
‘The UK’s accounting watchdog is hoping to make it easier to prosecute accountants after it was slammed for letting KPMG off the hook over its audits of HBOS just before the financial crisis.’
Daily Telegraph, 30th November 2017
Source: www.telegraph.co.uk
Care homes are breaking the law by charging residents after death, says watchdog – Daily Telegraph
‘Care homes are breaking the law by charging wealthier residents fees after they have died, a regulator has said. People who pay for their own care are also being charged £12,000 year more each than the fees paid by councils, equivalent to a total shortfall of £1bn a year, the Competition and Markets Authority said.’
Daily Telegraph, 30th November 2017
Source: www.telegraph.co.uk
UK police to lose phone and web data search authorisation powers – The Guardian
‘Senior police officers are to lose the power to self-authorise access to personal phone and web browsing records under a series of late changes to the snooper’s charter law proposed by ministers in an attempt to comply with a European court ruling on Britain’s mass surveillance powers. A Home Office consultation paper published on Thursday also makes clear that the 250,000 requests each year for access to personal communications data by the police and other public bodies will in future be restricted to investigations into crimes that carry a prison sentence of at least six months.’
The Guardian, 30th November 2017
Source: www.theguardian.com
Cancer x-ray services to be reviewed after serious diagnostic failures – The Guardian
‘Inspectors have launched a national review into radiology services in the NHS after it emerged patients came to “significant harm” at a hospital where junior doctors were left to interpret chest x-rays, including those for suspected cancer.’
The Guardian, 1st December 2017
Source: www.theguardian.com
