July 2019 – Page 7 – Current Awareness

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

Full Story

UK Constitutional Law Association, 18th July 2019

Source: ukconstitutionallaw.org

Justice secretary urges evidence-led approach to cut crime – Ministry of Justice

Posted July 18th, 2019 in budgets, crime prevention, drug abuse, education, homelessness, Ministry of Justice, press releases, prisons, probation, recidivists, rehabilitation, statistics by tracey

‘Justice Secretary David Gauke today called for an “evidence-led” approach to tackling reoffending in order to crack down on crime and reduce the number of victims.’

Full press release

Ministry of Justice, 18th July 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Code aims to improve standard of private prosecutions – Law Society’s Gazette

Posted July 18th, 2019 in codes of practice, news, private prosecutions, solicitors, standards by tracey

‘Lawyers advising clients in the controversial area of private prosecutions have published a code that aims to improve the standard of prosecutions and increase judicial understanding of the process.’

Full Story

Law Society's Gazette, 18th July 2019

Source: www.lawgazette.co.uk

House of Lords passes amendment to help prevent no-deal Brexit – The Guardian

Posted July 18th, 2019 in bills, brexit, EC law, news, Northern Ireland, parliament, prorogation by tracey

‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’

Full Story

The Guardian, 17th July 2019

Source: www.theguardian.com

Home Office used ‘confused, misleading, incomplete and unsafe’ evidence to revoke visas of tens of thousands of international students, report finds – The Independent

Posted July 18th, 2019 in auditors, deceit, education, evidence, examinations, fraud, government departments, immigration, news, statistics, universities, visas by tracey

‘Tens of thousands of international students had their visas revoked after the Home Office used “confused, misleading, incomplete and unsafe” evidence, MPs have said. The department ignored expert advice and relied on “dodgy” evidence when it accused almost 34,000 students of cheating in English language tests in 2015, according to a new report published by the all-party parliamentary group (APPG) on the Test of English for International Communication (Toeic).’

Full Story

The Independent, 18th July 2019

Source: www.independent.co.uk

Govia Thameslink fined £1m over Gatwick Express window death – BBC News

Posted July 18th, 2019 in accidents, corporate manslaughter, fines, health & safety, news, railways by tracey

‘A rail firm has been fined £1m after a man died leaning out of a train window. Simon Brown, 24, was killed when he hit his head on a steel gantry on the side of the track while on the Gatwick Express in London in August 2016. In May, Govia Thameslink Railway admitted a health and safety breach because a sign saying not to lean out was not displayed clearly enough.’

Full Story

BBC News, 17th July 2019

Source: www.bbc.co.uk

Manchester Arena bomber’s brother held in UK after extradition – The Guardian

Posted July 18th, 2019 in children, citizenship, conspiracy, delay, extradition, families, inquests, inquiries, Libya, murder, news, passports, terrorism, treaties, victims by tracey

‘The brother of the Manchester Arena attacker, Salman Abedi, has been extradited from Libya to the UK to face multiple murder charges over his alleged role in the attack.’

Full Story

The Guardian, 17th July 2019

Source: www.theguardian.com

Woman wins right to late partner’s military pension in landmark ruling – BBC News

Posted July 18th, 2019 in appeals, armed forces, bereavement, cohabitation, divorce, equality, financial dispute resolution, human rights, married persons, news, pensions, widows by tracey

‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’

Full Story

BBC News, 17th July 2019

Source: www.bbc.co.uk

Civil remedies will remain vital for companies despite new fraud code – OUT-LAW.com

Posted July 17th, 2019 in codes of practice, fraud, injunctions, news by tracey

‘Civil recovery remedies will remain a vital tool for defrauded companies seeking recovery of stolen funds regardless of new industry initiatives such as the authorised push payment (APP) fraud code, according to an expert at Pinsent Masons, the law firm behind Out-Law.’

Full Story

OUT-LAW.com, 16th July 2019

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted July 17th, 2019 in law reports by tracey

High Court (Administrative Court)

AS (Somalia), R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1831 (Admin) (12 July 2019)

Jain v General Medical Council [2019] EWHC 1841 (Admin) (12 July 2019)

L (An Infant), R (On the Application Of) v Buckinghamshire County Council [2019] EWHC 1817 (Admin) (12 July 2019)

Torpey, R (On the Application Of) v Director of Public Prosecutions [2019] EWHC 1804 (Admin) (10 July 2019)

Prescott v Solicitors Regulation Authority [2019] EWHC 1739 (Admin) (10 July 2019)

McLennan, R (on the application of) v Medway Council & Anor [2019] EWHC 1738 (Admin) (10 July 2019)

Berks, Bucks And Oxon Wildlife Trust, R (On the Application Of) V Secretary of State for Transport [2019] EWHC 1786 (Admin) (10 July 2019)

MacDonald, R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs [2019] EWHC 1783 (Admin) (09 July 2019)

Tewkesbury Borough Council v Secretary of State for Communities Housing and Local Government & Ors [2019] EWHC 1775 (Admin) (08 July 2019)

Oxford City Council v Secretary of State for Housing Communities and Local Government [2019] EWHC 1771 (Admin) (08 July 2019)

Just for Kids Law, R (on the application of) v Secretary of State for the Home Department [2019] EWHC 1772 (Admin) (08 July 2019)

Holloway, R (On the Application Of) v Bhui & Ors [2019] EWHC 1731 (Admin) (05 July 2019)

Clarke, R. (On the Application of) v Birmingham City Council [2019] EWHC 1728 (Admin) (04 July 2019)

Pagham Parish Council v Arun District Council [2019] EWHC 1721 (Admin) (04 July 2019)

Tumova v County Court In Melnik, Czech Republic [2019] EWHC 1698 (Admin) (03 July 2019)

LXD & Ors, R (on the application of) v Merseyside Police [2019] EWHC 1685 (Admin) (03 July 2019)

Johnson v Westminster Magistrates’ Court [2019] EWHC 1709 (Admin) (03 July 2019)

Mallya, R (on the application of) v Government of India & Anor [2019] EWHC 1849 (Admin) (02 July 2019)

Swindon Borough Council v Secretary of State for Housing Communities and Local Government & Anor [2019] EWHC 1677 (Admin) (01 July 2019)

Professional Standards Authority for Health And Social Care v The General Medical Council & Anor [2019] EWHC 1638 (Admin) (28 June 2019)

High Court (Chancery Division)

Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2019] EWHC 1872 (Ch) (17 July 2019)

Holgate v Addleshaw Goddard (Scotland) LLP [2019] EWHC 1793 (Ch) (16 July 2019)

Mircom International Content Management & Consulting Ltd & Ors v Virgin Media Ltd & Anor [2019] EWHC 1827 (Ch) (16 July 2019)

CFL Finance Ltd v Bass & Ors (Good faith to voluntary arrangements : consumer credit law) [2019] EWHC 1839 (Ch) (15 July 2019)

Buckingham Homes Ltd & Anor v Rutter & Ors [2019] EWHC 1760 (Ch) (12 July 2019)

Rahman v Rahman & Ors [2019] EWHC 1826 (Ch) (11 July 2019)

Corsham & Ors v Police and Crime Commissioner for Essex & Ors [2019] EWHC 1776 (Ch) (11 July 2019)

Lambert v Forest of Dean District Council & Ors [2019] EWHC 1763 (Ch) (08 July 2019)

Bains v Arunvill Capital Ltd & Anor [2019] EWHC 1749 (Ch) (05 July 2019)

Blizzard Entertainment SAS & Anor v Bossland GmbH & Ors [2019] EWHC 1665 (Ch) (04 July 2019)

Walsh v Greystone Financial Services Ltd [2019] EWHC 1719 (Ch) (04 July 2019)

Conn & Anor v Ezair, Re Charlotte Street Properties Ltd [2019] EWHC 1722 (Ch) (04 July 2019)

PQ & Anor v RS & Ors (Rev 1) [2019] EWHC 1643 (Ch) (04 July 2019)

Dinglis v Dinglis & Ors [2019] EWHC 1664 (Ch) (28 June 2019)

Ardawa v Uppal & Anor [2019] EWHC 1663 (Ch) (28 June 2019)

Fouladi v Darout Ltd & Ors [2019] EWHC 1674 (Ch) (28 June 2019)

High Court (Technology and Construction Court)

MG Scaffolding (Oxford) Ltd v Palmloch Ltd [2019] EWHC 1787 (TCC) (09 July 2019)

Network Rail Infrastructure Ltd v ABC Electrification Ltd [2019] EWHC 1769 (TCC) (08 July 2019)

ABB AB HVDC v McLaren Construction (Midlands And North) Ltd [2019] EWHC 1647 (TCC) (28 June 2019)

Babcock Marine (Clyde) Ltd v HS Barrier Coatings Ltd [2019] EWHC 1659 (TCC) (28 June 2019)

UK Insurance Ltd v Carillion Specialist Services Ltd [2019] EWHC 1588 (TCC) (27 June 2019)

Source: www.bailii.org

New rights for victims of crime – Ministry of Justice

Posted July 17th, 2019 in codes of practice, criminal justice, press releases, victims by tracey

‘Victims of crime will receive greater support under government plans to boost their rights at every stage of the justice system.’

Full press release

Ministry of Justice, 17th July 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Paedophile spared jail after police and prosecutor blunders – Daily Telegraph

Posted July 17th, 2019 in guilty pleas, indecent photographs of children, mistake, news, police, prosecutions, sentencing, suspended sentences by tracey

‘A paedophile has been spared jail after a judge claimed a series of mistakes from the police and prosecutors have allowed him to walk free.’

Full Story

Daily Telegraph, 16th July 2019

Source: www.telegraph.co.uk

London Bridge attackers lawfully killed, inquest finds – BBC News

Posted July 17th, 2019 in firearms, inquests, news, police, terrorism by tracey

‘The three London Bridge attackers, who killed eight people in 2017, were lawfully killed by police, an inquest has found.’

Full Story

BBC News, 16th July 2019

Source: www.bbc.co.uk

Home Office accused of covering up plight of hundreds of trafficking victims wrongly detained in immigration centres – The Independent

Posted July 17th, 2019 in detention, forced labour, freedom of information, government departments, immigration, news, trafficking in human beings by tracey

‘The Home Office has been accused of covering up the plight of hundreds of modern slavery victims after it was forced to disclose data it previously claimed to have “no record” of.’

Full Story

The Independent, 16th July 2019

Source: www.independent.co.uk

Police failing to solve crimes committed against elderly people, report finds – The Independent

Posted July 17th, 2019 in criminal justice, elderly, news, police, prosecutions, reports, victims by tracey

‘Police are failing to solve crimes committed against elderly people and letting perpetrators walk free, watchdogs have warned. HM Inspectorate of Constabulary and HM Crown Prosecution Service Inspectorate found that care for older victims was not good enough in more than half of cases examined.’

Full Story

The Independent, 17th July 2019

Source: www.independent.co.uk

Rural domestic abusers being protected by countryside culture – The Guardian

Posted July 17th, 2019 in domestic violence, news, police, reports, women by tracey

‘Rural women enduring domestic abuse are half as likely as urban victims to report their suffering and are being failed by authorities with perpetrators shielded by countryside culture, a report says.’

Full Story

The Guardian, 17th July 2019

Source: www.theguardian.com

Aldi censured over misleading advert suggesting shoppers could save 45% by switching from Tesco – The Independent

Posted July 17th, 2019 in advertising, consumer protection, food, news by tracey

‘Tesco has succeeded in having Aldi censured over an advert that misled customers about the potential savings to be had by switching to the cut-price competitor.’

Full Story

The Independent, 16th July 2019

Source: www.independent.co.uk