‘The current test for appeals from the Upper Tribunal to the Court of Appeal is “not strict enough to prevent misuse” of the system by those wanting to benefit from delays caused by “hopeless challenges”, the Ministry of Justice (MoJ) has said.’
Litigation Futures, 7th December 2020
Source: www.litigationfutures.com
‘Social workers’ caseloads were “too high” in the months before a 13-year-old girl was murdered by a man lodging in her home, a council boss has said.’
BBC News, 6th December 2020
Source: www.bbc.co.uk
‘A council has agreed to pay more than £2,400 in compensation after an investigation from the Local Government and Social Care Ombudsman into the termination of a child’s transport to school.’
Local Government Lawyer, 4th December 2020
Source: www.localgovernmentlawyer.co.uk
‘A woman with a history of violence and mental health problems who confessed to killing seven-year-old Emily Jones, has been cleared of murder.’
The Guardian, 4th December 2020
Source: www.theguardian.com
‘A former public schoolboy and professional rugby player was in jail last night (Sun) after trying to swallow 50 packets of crack cocaine and heroin.’
Daily Telegraph, 6th December 2020
Source: www.telegraph.co.uk
‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
‘The Times has apologised to the advocacy organisation Cage and agreed to pay it £30,000 in damages for suggesting it was supporting a man who stabbed three people to death in what police said was a terrorist rampage in a Reading park.’
The Guardian, 4th December 2020
Source: www.theguardian.com
‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’
4-5 Gray's Inn Square, 2nd December 2020
Source: www.4-5.co.uk
‘Doctors may have made “do not resuscitate” decisions on a blanket basis in the first wave of the pandemic, the care watchdog has warned.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘The Court of Appeal’s recent decision in Racing Partnership Ltd & others v. Sports Information Services Ltd [2020] EWCA Civ 1300 has provided clarity on the economic tort of unlawful means conspiracy and provided much food for thought on claims for breach of confidence.’
Littleton Chambers, 1st December 2020
Source: littletonchambers.com
‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’
Cloisters, 1st December 2020
Source: www.cloisters.com
‘A man who beat, strangled and set alight a fellow patient at a secure mental health unit in north London has been detained for an unlimited time.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’
Hardwicke Chambers, 2nd December 2020
Source: hardwicke.co.uk
‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’
Ropewalk Chambers, 30th November 2020
Source: www.ropewalk.co.uk
‘Healthcare practitioners who committed child sexual abuse commonly did so under the guise of medical treatment, which went unchallenged by other staff even when unnecessary or inappropriate because of their position of trust, research has found.’
The Guardian, 3rd December 2020
Source: www.theguardian.com
‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’
Litigation Futures, 3rd December 2020
Source: www.litigationfutures.com
‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’
UK Human Rights Blog, 3rd December 2020
Source: ukhumanrightsblog.com
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