Day: 6 August 2018

Costs and Vexatiousness: Upper Tribunal Updates – Panopticon

Posted August 6th, 2018 in costs, freedom of information, news, vexatious litigants by sally

‘The procedural exemptions in sections 12 and 14 of FOIA are some of the most commonly used, and most commonly litigated, provisions of the legislation. Unsurprisingly, they have led to a disproportionate degree of appellate involvement. More surprisingly, they continue to do so. Three recent Upper Tribunal decisions add to that body of jurisprudence which ought to be considered by authorities faced with burdensome requests. This post is, as a result, quite burdensome itself.’

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Panopticon, 3rd August 2018

Source: panopticonblog.com

Man who tried to gouge baby’s eyes out is jailed – The Guardian

Posted August 6th, 2018 in assault, attempted murder, attempts, child abuse, murder, news, sentencing by sally

‘A “very dangerous” man who threw a baby out of a window after trying to gouge its eyes out has been jailed for life. Sean Ziemelis, 31, also tried to strangle the baby boy before throwing him from a second-storey window in the early hours of 1 August 2017, Luton crown court heard.’

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The Guardian, 3rd August 2018

Source: www.theguardian.com

Teenager jailed for life over British Museum bomb plot – The Guardian

Posted August 6th, 2018 in news, sentencing, terrorism, young offenders by sally

‘An 18-year-old who became one of the youngest women to be convicted of terrorism offences in the UK has been sentenced to life in prison with a minimum of 13 years.’

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The Guardian, 3rd August 2018

Source: www.theguardian.com

Solicitor suspended for sending offensive tweets – Legal Futures

Posted August 6th, 2018 in disciplinary procedures, internet, news, solicitors by sally

‘A senior solicitor who sent offensives tweets about Islam, Catholicism and Judaism – and also retweeted some – has been suspended from practice for 18 months.’

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Legal Futures, 6th August 2018

Source: www.legalfutures.co.uk

Defendants ‘gaming system’ to get domestic violence cases dropped – The Guardian

Posted August 6th, 2018 in domestic violence, intimidation, magistrates, news, reports by sally

‘Defendants are “gaming the system” in specialist domestic violence courts by intimidating partners into not appearing in the expectation that magistrates will drop charges, a critical report has said.’

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The Guardian, 5th August 2018

Source: www.theguardian.com

Allocations and Equality Act – Nearly Legal

Posted August 6th, 2018 in equality, housing, local government, news, race discrimination, refugees by sally

‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)

This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Supreme Court considers when court approval is needed to end life-sustaining treatment – Family Law

Posted August 6th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Alex Ruck Keene, barrister at 39 Essex Chambers, examines the Supreme Court’s confirmation in An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) [2018] UKSC 46, [2018] All ER (D) 167 (Jul) that it was not mandatory to seek court approval for withdrawal of clinically assisted nutrition and hydration (CANH) from a patient suffering from a prolonged disorder of consciousness (PDOC) where the patient’s clinical team and family agreed that continued treatment was not in his best interests.’

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Family Law, 3rd August 2018

Source: www.familylaw.co.uk

BAILII: Recent Decisions

Posted August 6th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Henderson v Dorset Healthcare University NHS Foundation Trust [2018] EWCA Civ 1841 (03 August 2018)

High Court (Administrative Court)

The Law Society, R (On the Application Of) v The Lord Chancellor [2018] EWHC 2094 (Admin) (03 August 2018)

North Norfolk District Council v Secretary of State for Housing Communities And Local Government [2018] EWHC 2076 (Admin) (03 August 2018)

Slough Borough Council v Secretary of State for Environment Food And Rural Affairs [2018] EWHC 1963 (Admin) (03 August 2018)

High Court (Commercial Court)

O3B Africa Ltd v Interactive E-Solutions JLT & Anor [2018] EWHC 2072 (Comm) (02 August 2018)

High Court (Queen’s Bench Division)

Ashford Borough Council v Stevens & Ors [2018] EWHC 2101 (QB) (03 August 2018)

Simantob v Shavleyan (t/a Yacob’s Gallery) [2018] EWHC 2005 (QB) (03 August 2018)

Clements v Imperial College Healthcare NHS Trust [2018] EWHC 2064 (QB) (03 August 2018)

Source: www.bailii.org

Gambling licences to be tied to UK advertising and privacy rules – OUT-LAW.com

Posted August 6th, 2018 in advertising, gambling, licensing, news, privacy by sally

‘Gambling providers in Britain could lose the right to operate if they fail to comply with UK advertising rules, privacy regulations or consumer protection law under new licensing requirements set to apply from later this year.’

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OUT-LAW.com, 3rd August 2018

Source: www.out-law.com

Council wins challenge to decision that right of way was ‘byway open to all traffic’ – Local Government Lawyer

Posted August 6th, 2018 in local government, news, rights of way by sally

‘Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).’

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Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

Warning over online GPs as struck-off doctor discovered using loophole to prescribe ‘unsafe’ drugs – Daily Telegraph

Posted August 6th, 2018 in consumer protection, disciplinary procedures, doctors, electronic commerce, medicines, news by sally

‘The health care regulator is calling for greater powers to protect patients from online GPs after a struck-off doctor was discovered using a loophole to prescribe “unsafe” drugs.’

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Daily Telegraph, 6th August 2018

Source: www.telegraph.co.uk

NHS told ‘offer transgender fertility treatment’ or face legal action – BBC News

Posted August 6th, 2018 in assisted reproduction, health, news, transgender persons by sally

A watchdog is threatening NHS England with legal action if it does not begin offering fertility treatments to transgender patients as standard.

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BBC News, 5th August 2018

Source: www.bbc.co.uk

Slight fall in number of sentences revised up in 2017 after complaints – The Guardian

Posted August 6th, 2018 in appeals, attorney general, news, sentencing, statistics by sally

‘Rapists and killers were among 137 people given tougher penalties after complaints that their original sentences were too lenient last year, official figures for England and Wales show.’

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The Guardian, 6th August 2018

Source: www.theguardian.com