Month: July 2018

James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association

Posted July 30th, 2018 in constitutional law, EC law, news, statutory interpretation by sally

‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’

Full Story

UK Constitutional Law Association, 26th July 2018

Source: ukconstitutionallaw.org

BAILII: Recent Decisions

Posted July 30th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v MS (Pakistan) [2018] EWCA Civ 1776 (27 July 2018)

Deutsche Bank AG v Comune Di Savona [2018] EWCA Civ 1740 (27 July 2018)

High Court (Administrative Court)

Hall, R (On the Application Of) v Secretary of State for Justice [2018] EWHC 1905 (Admin) (27 July 2018)

Avaaz Foundation, R (On the Application Of) v The Office Of Communications (Ofcom)s [2018] EWHC 1973 (Admin) (27 July 2018)

Broomfield & Ors, R (On the Application Of) v Revenue And Customs [2018] EWHC 1966 (Admin) (27 July 2018)

Locke, R (On the Application Of) v Revenue And Customs [2018] EWHC 1967 (Admin) (27 July 2018)

High Court (Chancery Division)

Various Claimants v Scott Fowler Solicitors (a firm) & Ors [2018] EWHC 1891 (Ch) (27 July 2018)

Lehman Brothers International (Europe), Re [2018] EWHC 1980 (Ch) (27 July 2018)

High Court (Commercial Court)

Sodzawiczny v Ruhan & Ors [2018] EWHC 1908 (Comm) (26 July 2018)

High Court (Family Division)

PS v BP [2018] EWHC 1987 (Fam) (27 July 2018)

A (Relinquished Baby: Risk of Domestic Abuse) [2018] EWHC 1981 (Fam) (27 July 2018)

High Court (Queen’s Bench Division)

Bright v Bourn [2018] EWHC 1948 (QB) (27 July 2018)

Sube & Anor v News Group Newspapers Ltd & Anor [2018] EWHC 1961 (QB) (27 July 2018)

High Court (Technology and Construction Court)

SRCL Ltd v The National Health Service Commissioning Board (NHS) [2018] EWHC 1985 (TCC) (27 July 2018)

Source: www.bailii.org

New balance of probabilities test for suicide verdict – Owain Thomas QC – UK Human Rights Blog

Posted July 30th, 2018 in inquests, news, standard of proof, suicide by sally

‘The received wisdom, supported by all leading texts on coroner’s law is that in order for a Coroner or jury to return a verdict of suicide in an inquest, the fact that the deceased deliberately took his own life must be established beyond a reasonable doubt, or in other words, to the criminal standard of proof.’

Full Story

UK Human Rights Blog, 28th July 2018

Source: ukhumanrightsblog.com

Disability Discrimination and Proportionality in Possession Proceedings – Zenith PI Blog

Posted July 30th, 2018 in disability discrimination, news, proportionality, repossession by sally

‘Discussion of two recent cases of Eales v Havering London Borough Council unreported (decision of Sir Alistair Macduff in the QBD of 13th July 2018) and Paragon Asra Housing LTD (formerly known as Paragon Community Housing Ltd) v James Neville [2018] EWCA Civ 1712.’

Full Story

Zenith PI Blog, 27th July 2018

Source: zenithpi.wordpress.com

Barnier rejects UK’s Brexit customs plan – OUT-LAW.com

Posted July 30th, 2018 in brexit, customs and excise, EC law, news by sally

‘The UK’s proposed post-Brexit customs arrangements with the EU have been rejected by Michel Barnier, the EU27’s chief Brexit negotiator.’

Full Story

OUT-LAW.com, 27th July 2018

Source: www.out-law.com

UK judges will no longer have to rule in vegetative state decisions – The Guardian

Posted July 30th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Judges will no longer need to be consulted when doctors and relatives of patients in a vegetative state agree that life-supporting treatment should be ended.’

Full Story

The Guardian, 30th July 2018

Source: www.theguardian.com

A tribute to Sir James Munby – the people’s president – Family Law

Posted July 30th, 2018 in family courts, judges, news by sally

‘Sir James Munby retires as President of the Family Division having had an undeniable impact on family justice reform. Stepping into the role at a time of unprecedented change, Sir James has not shied away from the difficulties of the role, often under the harsh spotlight of media attention.’

Full Story

Family Law, 27th July 2018

Source: www.familylaw.co.uk

Rise of middle-aged cohabitants driven by men’s fear of divorce settlements – Daily Telegraph

Posted July 30th, 2018 in cohabitation, divorce, news by sally

‘Men fearing losing half their assets in divorce means there are growing numbers of cohabiting middle-aged couples, lawyers say.’

Full Story

Daily Telegraph, 27th July 2018

Source: www.telegraph.co.uk

Access to justice in family courts ‘inadequate’, says outgoing head – The Guardian

Posted July 30th, 2018 in budgets, family courts, legal aid, litigants in person, news by sally

‘The outgoing head of the family courts in England and Wales has raised concerns about access to family courts and said help for litigants who had to represent themselves due to cuts to legal aid was “woefully inadequate”.’

Full Story

The Guardian, 27th July 2018

Source: www.theguardian.com

Cliff Richard and Private Investigations — Dr Richard Danbury – UK Human Rights Blog

Posted July 30th, 2018 in BBC, media, news, privacy by sally

‘There is an old joke, in which a man is driving through the countryside, lost. He stops his car in a small village to ask a local for directions. The local responds by saying: ‘you want to get where? Oh, to get there, I wouldn’t start from here.’’

Full Story

UK Human Rights Blog, 27th July 2018

Source: ukhumanrightsblog.com

Hospital neglected woman who killed herself, inquest finds – The Guardian

Posted July 30th, 2018 in accidents, health & safety, hospitals, inquests, mental health, news by sally

‘A hospital neglected a vulnerable woman who accidentally killed herself in a part of the building bosses had been warned could be used for hanging, an inquest has concluded.’

Full Story

The Guardian, 27th July 2018

Source: www.theguardian.com

Council defeats challenge to prioritisation of residents with 10 years in borough – Local Government Lawyer

Posted July 30th, 2018 in housing, local government, news, race discrimination, refugees by sally

‘A London borough has successfully defended a High Court challenge to the prioritisation under its housing allocation scheme of those people who have been resident in the borough for 10 years.’

Full Story

Local Government Lawyer, 27th July 2018

Source: www.localgovernmentlawyer.co.uk

Listed status bid for England’s lost memorials – BBC News

Posted July 30th, 2018 in listed buildings, monuments, news by sally

‘Hundreds of forgotten, secret and little-known memorials across England have been nominated for listed status by members of the public.’

Full Story

BBC News, 30th July 2018

Source: www.bbc.co.uk

Court dismisses claim duty of care is owed to employees in litigation – OUT-LAW.com

Posted July 30th, 2018 in duty of care, employment, news, police, Supreme Court, vicarious liability by sally

‘Employers do not owe their employees a duty of care in the way they defend claims that they are vicariously liable for actions of those employees, the UK Supreme Court has ruled.’

Full Story

OUT-LAW.com, 27th July 2018

Source: www.out-law.com

European human rights judges will rule ‘Isil Beatles’ plan illegal, say experts – Daily Telegraph

Posted July 30th, 2018 in death penalty, extradition, human rights, news, terrorism by sally

‘European human rights judges would rule Britain’s plan to waive death penalty assurances for two suspected members of the Isil ‘Beatles’ terror cell illegal, experts say, and could order the UK to seek US guarantees and even pay the men damages.’

Full Story

Daily Telegraph, 28th July 2018

Source: www.telegraph.co.uk

Judge names five teenagers guilty of torturing and killing rival – The Guardian

Posted July 30th, 2018 in anonymity, gangs, murder, news, young offenders by sally

‘Five 15-year-old boys who “tortured” a teenager to death in an alleyway behind his home in a gang murder can be named for the first time after they were handed life sentences. Kai Fisher-Dixon, Shuayb Mahomud, Tremayne Gray, Omarion Stephens and Abdulqaliq Mohamed stabbed Jacob Abraham, also 15, eight times in the legs and once in the arm.’

Full Story

The Guardian, 27th July 2018

Source: www.theguardian.com

Supreme Court to rule on vegetative state case – BBC News

Posted July 30th, 2018 in Court of Protection, food, human rights, medical treatment, news, Supreme Court by sally

‘The Supreme Court is due to rule on whether it should be easier to withdraw food and liquid to allow people in long-term vegetative states to die.’

Full Story

BBC News, 30th July 2018

Source: www.bbc.co.uk

Youth fund doubled to £22m to aid violent crime prevention – The Guardian

Posted July 30th, 2018 in budgets, crime prevention, news, offensive weapons, violence, young persons by sally

‘The government is to double the funding for an early intervention scheme tackling violence among young people, as part of a “public health” approach to combatting knife crime and other offences.’

Full Story

The Guardian, 30th July 2018

Source: www.theguardian.com

UK ruling offers lesson for banks on credit referencing – OUT-LAW.com

Posted July 27th, 2018 in agency, banking, economic loss, gambling, misrepresentation, news, Supreme Court by sally

‘Banks can learn a lesson from a new ruling issued by the UK Supreme Court on practices to adopt when providing credit references, according to a banking and finance litigation expert.’

Full Story

OUT-LAW.com, 27th July 2018

Source: www.out-law.com

Suspension for solicitor convicted of ABH against ex-boyfriend – Legal Futures

Posted July 27th, 2018 in assault, disciplinary procedures, news, solicitors by sally

‘A family law solicitor convicted of actual bodily harm after she hit her former boyfriend in the face with a glass has been suspended from practice for 15 months.’

Full Story

Legal Futures, 27th July 2018

Source: www.legalfutures.co.uk