Recent Statutory Instruments – legislation.gov.uk
EU Withdrawal Act 2018 statutory instruments can be found here https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments
Source: www.legislation.gov.uk
Month: March 2019
BAILII: Recent Decisions
Court of Appeal (Civil Division)
The Law Society of England and Wales v Pathania [2019] EWCA Civ 517 (28 March 2019)
McKendrick v The Financial Conduct Authority [2019] EWCA Civ 524 (28 March 2019)
Court of Appeal (Criminal Division)
Criminal Practice Directions 2015 Amendment No. 8 [2019] EWCA Crim 495 (28 March 2019)
Faltec Europe Ltd v Health and Safety Executive [2019] EWCA Crim 520 (28 March 2019)
High Court (Administrative Court)
NN v Secretary of State for the Home Department [2019] EWHC 766 (Admin) (28 March 2019)
Prystaj & Anor v Circuit Court of Zielona Gora, Poland [2019] EWHC 780 (Admin) (28 March 2019)
High Court (Chancery Division)
Deutsche Trustee Company Ltd v Duchess VI CLO B.V. & Ors [2019] EWHC 778 (Ch) (28 March 2019)
High Court (Commercial Court)
FM Capital Partners Ltd v Marino & Ors [2019] EWHC 725 (Comm) (28 March 2019)
High Court (Queen’s Bench Division)
Colley V Shuker & Ors [2019] EWHC 781 (QB) (28 March 2019)
Source: www.bailii.org
City watchdog fines Goldman Sachs £34.4m for misreporting – The Guardian
‘Goldman Sachs has been fined £34.4m by the City regulator for misreporting millions of transactions over a decade.’
The Guardian, 28th March 2019
Source: www.theguardian.com
Care homes applying for hundreds more court orders to prevent elderly from going outside, figures reveal – Daily Telegraph
‘Care homes and hospitals are applying for hundreds more elderly people to be locked inside, new data shows.’
Daily Telegraph, 29th March 2019
Source: www.telegraph.co.uk
MPs call for inquiry into alleged forgery of signatures – BBC News
‘MPs are pressing the Treasury Select Committee to open an immediate inquiry into the alleged forgery of signatures in bank court documents.’
BBC News, 29th March 2019
Source: www.bbc.co.uk
Home Office limit on support for slavery victims may be unlawful, court rules – The Guardian
‘A high court judge has ruled that Home Office policy to cut off all statutory support to people six weeks after they have been formally identified as victims of slavery is potentially unlawful, ordering that assistance must immediately be extended.’
The Guardian, 29th March 2019
Source: www.theguardian.com
Jill Dando murder will never be solved, says lead detective – The Guardian
‘The detective who led the inquiry into Jill Dando’s murder has said her case will never be solved. Speaking in a BBC documentary to mark 20 years since the 37-year-old television presenter’s shooting in April 1999 in Fulham, west London, Hamish Campbell said he did not think any new suspects would ever be brought to court.’
The Guardian, 29th March 2019
Source: www.theguardian.com
Jemma Beale: Rape claim ‘liar’ loses conviction appeal – BBC News
‘A “serial liar” who invented false rape and sexual assault allegations has failed in a bid to clear her name.’
BBC News, 28th March 2019
Source: www.bbc.co.uk
In the matter of an application by Geraldine Finucane for Judicial Review (NI) [2019] UKSC 7 Part Two – UKSC Blog
‘The appellant argued that all the relevant evidence pointed to the decision not to hold the inquiry being a sham. The basis on which it had been suggested that this was a decision taken in the public interest was, Mrs Finucane argued, spurious. Moreover, the process of consultation and discussions was entirely cosmetic. The outcome had been predetermined. (See Lord Kerr’s summary of the grounds of challenge at paras 50-52)’
UKSC Blog, 26th March 2019
Source: ukscblog.com
In the matter of an application by Geraldine Finucane for Judicial Revewi (NI) [2019] UKSC 7 Part One – UKSC Blog
‘On 27 February 2019 the Supreme Court gave judgment in the appeal brought by the widow of the Belfast solicitor, Pat Finucane, against the refusal of the Secretary for State for Northern Ireland to hold a public inquiry into her husband’s death. Giving the leading judgment, Lord Kerr (with whom Lady Hale, Lord Hodge and Lady Black agreed) allowed the appeal on the basis that there had been a breach of the investigative obligation under ECHR, art 2. The Supreme Court found that although Mrs Finucane had a legitimate expectation that there would be a public inquiry into Mr Finucane’s death she had not shown that the government’s decision not to fulfil this promise was made in bad faith or that it was not based on genuine policy grounds. Lord Carnwarth gave a concurring judgment in which he commented on the criticism that had been made of obiter remarks he had made in United Policyholders Group v Attorney General of Trinidad and Tobago [2016] UKPC 17 in relation in relation to the necessity for a detriment to have been suffered before a claim for substantive legitimate expectation could be made.’
UKSC Blog, 26th March 2019
Source: ukscblog.com
Gym Use and Changing Rooms: the illegality and chilling effect of (trans)gender segregation – Oxford Human Rights Hub
‘A recent, high-profile article published on HuffPost claimed that the popular leisure group – David Lloyd Leisure – had decided to exclude all trans persons from their preferred gender segregated facilities unless they could produce a Gender Recognition Certificate (GRC). Given that only 4,500 GRCs have been issued (and that GRCs are not available to trans minors), this policy potentially prohibited the overwhelming majority of trans persons from using DLL services. The group has since denied any change in its policy and insisted it welcomes trans customers. Yet, the incident raises an important question for human rights lawyers (particularly at this transformative moment for trans rights in the UK): can a blanket exclusion on trans individuals accessing preferred segregated spaces comply with domestic equality laws?’
Oxford Human Rights Hub, 28th March 2019
Source: ohrh.law.ox.ac.uk
ENRC targets SFO in £70m ‘privilege breach’ claim – Law Society’s Gazette
‘The saga surrounding the Serious Fraud Office’s (SFO) long-running probe into Eurasian Natural Resources Corporation (ENRC) took another twist this week as the multinational mining group filed a £70m High Court claim accusing the fraudbusting agency of misfeasance in public office.’
Law Society's Gazette, 27th March 2019
Source: www.lawgazette.co.uk
Solicitor who lied to Mueller inquiry referred to SDT – Legal Futures
‘A solicitor who was jailed for 30 days after pleading guilty to making false statements to the Mueller inquiry into alleged Russian involvement in the election of US president Donald Trump has been referred to the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 28th March 2019
Source: www.legalfutures.co.uk
Council withdraws decision to close special schools after legal challenge – Local Government Lawyer
‘Wiltshire Council has agreed to withdraw its decision to approve the closure of three special schools and a related notice regarding the opening of a new special school, following legal action from a group of families.’
Local Government Lawyer, 26th March 2019
Source: www.localgovernmentlawyer.co.uk
High Court strikes out City firm’s ‘warehoused’ claim – Litigation Futures
‘The High Court has struck out a claim by City firm Bryan Cave Leighton Paisner (BLCP) for abuse of process on the grounds of ‘warehousing’.’
Litigation Futures, 27th March 2019
Source: www.litigationfutures.com
Recent Statutory Instruments – legislation.gov.uk
The Radiation (Emergency Preparedness and Public Information) Regulations 2019
The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019
The Financial Services (Miscellaneous) (Amendment) (EU Exit) Regulations 2019
The Organic Production (Control of Imports) (Amendment) (EU Exit) Regulations 2019
The Train Driving Licences and Certificates (Amendment) (EU Exit) Regulations 2019
The Challenges to Validity of EU Instruments (EU Exit) Regulations 2019
The Detergents (Amendment) (EU Exit) Regulations 2019
Source: www.legislation.gov.uk
