26/06/2019 – Current Awareness

Arm Sales to Saudi Arabia: Evaluating the Clear Risk of Violations of IHL – Oxford Human Rights Hub

Posted June 26th, 2019 in appeals, export controls, human rights, international law, news, weapons by sally

‘On Thursday 20 June, the Court of Appeal issued its open judgment in the appeal concerning the lawfulness of the grant by the UK Government of export licences for arms sales to the Kingdom of Saudi Arabia (“KSA”), for possible use in the conflict in Yemen. In their judgment, Sir Terence Etherton MR, Irwin LJ and Singh LJ allowed the appeal by the Campaign Against Arms Trade (“CAAT”), remitting the decision to issue said licences by the Secretary of State for International Trade for reconsideration in accordance with the correct legal approach.’

Oxford Human Rights Hub, 26th June 2019

Source: ohrh.law.ox.ac.uk

Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution – UK Constitutional Law Association

Posted June 26th, 2019 in appeals, constitutional law, investigatory powers, judges, judicial review, news, parliament, privacy, statutory interpretation, Supreme Court by sally

‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’

UK Constitutional Law Association, 26th June 2019

Source: ukconstitutionallaw.org

Ombudsman urges county council to bring its assessments into line with Care Act 2014 – Local Government Lawyer

Posted June 26th, 2019 in disabled persons, duty of care, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman has called on Somerset County Council to put in place the recommendations he has made to bring its assessments into line with the requirements of the Care Act.’

Local Government Lawyer, 24th June 2019

Source: www.localgovernmentlawyer.co.uk

Divorce: New law could lead to ‘spike’ – minister – BBC News

Posted June 26th, 2019 in bills, divorce, families, news, reasons by sally

‘A new law could lead to a ‘spike’ in divorces, but the rate is ultimately like to “remain much the same”, the justice secretary has said.’

BBC News, 25th June 2019

Source: www.bbc.co.uk

Same-sex and single-parent adoption and religious discrimination: Page – Law & Religion UK

Posted June 26th, 2019 in adoption, appeals, children, disciplinary procedures, employment tribunals, homosexuality, magistrates, news, professional conduct, religious discrimination by sally

‘On 19 June 2019, the Employment Appeal Tribunal handed down two separate judgments relating to the same appellant, Mr Richard Page: Page v Lord Chancellor & Anor [2019] UKEAT 0304 18 1906 and Page v NHS Trust Development Authority [2019] UKEAT 0183 18 1906. The appeals related to Mr Page’s religious beliefs in relation to his position as a magistrate and as a Non-Executive Director of an NHS Trust, respectively; and the EAT dismissed the appeals in both cases. From the legal perspective, the two cases were not “linked” as such because there was no cross-referencing between them. However, the action taken by the Lord Chancellor’s Department resulted, indirectly, in action being instituted by the NHS, and the following note relates to both judgments.’

Law & Religion UK, 24th June 2019

Source: www.lawandreligionuk.com

‘Lack Of Special Educational Needs Funding Breaches Children’s Human Rights’, Court Will Hear – Rights Info

Posted June 26th, 2019 in budgets, children, education, human rights, judicial review, learning difficulties, local government, news by sally

‘The government is “leaving thousands of children in limbo” and breaching their human rights by underfunding education for those with special educational needs and disabilities (SEND), a court will hear.’

Rights Info, 26th June 2019

Source: rightsinfo.org

Extinction Rebellion protester convicted of public order offence – The Guardian

Posted June 26th, 2019 in climate change, demonstrations, environmental protection, news, public order by sally

‘The first person to face trial over the Extinction Rebellion protests in April has been found guilty of a minor public order offence for blocking a road in central London.’

The Guardian, 25th June 2019

Source: www.theguardian.com

JusticeWatch: Growing ‘justice gap’ in discrimination cases – Legal Voice

Posted June 26th, 2019 in appeals, children, compensation, employment, employment tribunals, equality, Equality and Human Rights Commission, families, homelessness, housing, human rights, legal aid, local government, news, rent, statistics by sally

‘Victims of discrimination were being denied access to justice and offenders going unchallenged as a result of a ‘failing’ legal aid system, as reported in the Justice Gap.’

Legal Voice, 21st June 2019

Source: legalvoice.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 26th, 2019 in legislation by tracey

The Financial Services and Markets Act 2000 (Prospectus) Regulations 2019

The Parole Board Rules 2019

Source: www.legislation.gov.uk

Anger with MoJ over whiplash reforms begins to boil over – Legal Futures

Posted June 26th, 2019 in accidents, compensation, delay, fraud, insurance, Ministry of Justice, news, personal injuries, road traffic by sally

‘Both the claimant and defendant representatives have expressed frustration with the progress of the government’s whiplash reforms, and doubted it will be ready for April 2020 as planned.’

Legal Futures, 26th June 2019

Source: www.legalfutures.co.uk

M4 Newport relief road scrapped: environment v economics – UK Human Rights Blog

Posted June 26th, 2019 in environmental protection, inquiries, news, planning, road traffic, roads, Wales by sally

‘Plans to build a fourteen mile, six lane motorway through the Gwent Levels south of Newport to relieve congestion on the M4 have been scrapped by the Welsh government. The announcement by first minister Mark Drakeford was welcomed by environmentalists, local residents and small businesses who opposed the scheme at last year’s public inquiry. Alasdair Henderson, Dominic Ruck Keene and Hannah Noyce from 1 Crown Office Row with other barristers from Guildhall Chambers (Brendon Moorhouse) and Garden Court (Irena Sabic and Grace Brown) represented Gwent Wildlife Trust and an umbrella of other environmental objectors in the proceedings which lasted from February 2017 to September 2018. All these barristers acted for free.’

UK Human Rights Blog, 24th June 2019

Source: ukhumanrightsblog.com

CA rejects challenge to abolition of oral permission hearings – Litigation Futures

Posted June 26th, 2019 in appeals, civil justice, human rights, news, oral hearings by sally

‘The Court of Appeal has rejected a challenge to the abolition of most oral permission-to-appeal hearings before it.’

Litigation Futures, 26th June 2019

Source: www.litigationfutures.com

Stepsisters in High Court inheritance battle over which parent died first – Daily Telegraph

Posted June 26th, 2019 in bereavement, families, housing, news, wills by sally

‘The High Court has been asked to intervene in a £300,000 inheritance row between step siblings over which parent died first.’

Daily Telegraph, 25th June 2019

Source: www.telegraph.co.uk

Hillsborough police chief will face retrial, judge rules – The Guardian

Posted June 26th, 2019 in Crown Prosecution Service, health & safety, homicide, negligence, news, police, retrials, sport by sally

‘The former South Yorkshire police chief superintendent who was in command of the 1989 FA Cup semi-final at Hillsborough, where 96 people were killed, will face a retrial on a charge of gross negligence manslaughter, a judge has ruled.’

The Guardian, 25th June 2019

Source: www.theguardian.com

SDT president: Concerns over civil standard of proof “misplaced” – Legal Futures

Posted June 26th, 2019 in civil justice, disciplinary procedures, employment tribunals, Law Society, Legal Services Board, news, solicitors, standard of proof, statistics by sally

‘Concerns over the decision of the Solicitors Disciplinary Tribunal (SDT) to move from the criminal to the civil standard of proof are “misplaced”, the tribunal’s president has said.’

Legal Futures, 26th June 2019

Source: www.legalfutures.co.uk

Worst animal cruelty cases to get higher jail terms – BBC News

Posted June 26th, 2019 in animal cruelty, bills, consultations, news, police, sentencing, statistics by sally

‘People found guilty of the worst cases of animal cruelty will face up to five years in prison under a new law proposed for England and Wales.’

BBC News, 26th June 2019

Source: www.bbc.co.uk

Julian Myerscough: Ex-lecturer jailed for child sex attacks – BBC News

Posted June 26th, 2019 in child abuse, children, extradition, indecent photographs of children, news, rape, sentencing, sexual offences by sally

‘A “dangerous, evil” former university lecturer has been jailed for 21 years for a string of child sex attacks.’

BBC News, 25th June 2019

Source: www.bbc.co.uk

NHS pays firms £181m to care for patients with serious mental illness – The Guardian

Posted June 26th, 2019 in budgets, contracting out, mental health, news, statistics by sally

‘The NHS is paying private firms an “eye-watering” £181m a year to look after people with serious mental health problems in units often hundreds of miles from their homes.’

The Guardian, 25th June 2019

Source: www.theguardian.com

Part 36 consequences “are severable”, High Court rules – Litigation Futures

Posted June 26th, 2019 in civil procedure rules, costs, judges, jurisdiction, news, part 36 offers by sally

‘The court can decide it is unjust to award some, but not all, of the consequences of beating a part 36 offer, a High Court judge has ruled.’

Legal Futures, 25th June 2019

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted June 26th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

The Secretary of State for Work and Pensions v Hockley & Anor [2019] EWCA Civ 1080 (24 June 2019)

Court of Appeal (Criminal Division)

Ahmed & Ors, R. v [2019] EWCA Crim 1085 (25 June 2019)

M, R v [2019] EWCA Crim 1094 (21 June 2019)

High Court (Administrative Court)

PN v The Secretary of State for the Home Department [2019] EWHC 1616 (Admin) (24 June 2019)

High Court (Family Division)

XY, Re Claims under the Inheritance (Provision for Family and Dependants) Act 1975 [2019] EWHC 1610 (Fam) (21 June 2019)

High Court (Queen’s Bench Division)

Tahir v Faizi [2019] EWHC 1627 (QB) (25 June 2019)

Gray v Hurley [2019] EWHC 1636 (QB) (25 June 2019)

JLE v Warrington & Halton Hospitals NHS Trust Foundation Trust [2019] EWHC 1582 (QB) (24 June 2019)

High Court (Technology and Construction Court)

Willow Corp S.À.R.L. v MTD Contractors Ltd [2019] EWHC 1591 (TCC) (25 June 2019)

Source: www.bailii.org

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