Month: January 2022
Should We All Have The Right To Die On Our Own Terms? – Each Other
‘As the Assisted Dying Bill is scrutinised in parliament, the debate over whether terminally ill people should have the right to die is heating up again. So, what could a right to die look like in the UK?’
Each Other, 20th January 2022
Source: eachother.org.uk
Some clinical trials will be able to be conducted in the UK without prior regulatory review under legislative reforms set out by regulators. – OUT-LAW.com
‘The proposals, developed by the Medicines and Healthcare products Regulatory Agency (MHRA) and Health Research Authority (HRA) in collaboration with clinical research experts, are aimed at ending the existing “one size fits all” approach to clinical trials regulation in the UK and replacing it with a risk-based framework.’
OUT-LAW.com, 18th January 2022
Source: www.pinsentmasons.com
Gaps in Time and Space: Claims for Clinical Negligence by Secondary Victims following Paul v Royal Wolverhampton NHS Trust – Ropewalk Clinical Negligence Blog
‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’
Ropewalk Clinical Negligence Blog, 18th January 2022
Source: www.ropewalk.co.uk
Barry Bennell abuse claim falls on limitation and vicarious liability – UK Human Rights Blog
‘TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB). Barry Bennell was a football coach who sexually abused a number of boys in the 1980s. He is serving a sentence of 34 years imprisonment and, at the age of 68, is likely to die in jail. The Claimants in this case were his victims. Mr Justice Johnson described each as a ‘remarkable’ men, courageously giving evidence and some waiving their rights to anonymity determined to do everything they could to encourage others to come forward and ensure Bennell was prosecuted and, ultimately, convicted. The issue in this case was not the veracity of their account – the judge made is explicitly clear they were believed and the Defendant did not question the fact the abuse had occurred. The dispute was whether civil liability attached to Manchester City football club for the abuse committed by Bennell. There were two fundamental hurdles for the Claimants: limitation and vicarious liability. On the particular facts, the court found that they failed to overcome both.’
UK Human Rights Blog, 19th January 2022
Source: ukhumanrightsblog.com
Family Court judge criticises “seriously flawed” investigation into injuries suffered by boy – Local Government Lawyer
‘A county council failed to establish that a child’s injuries were inflicted and the investigation into responsibility for those injuries was “seriously flawed”, a Family Court judge has found.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
Failure in childcare case to identify cognitive difficulties of appellant and to make appropriate participation directions “amounted to serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer
‘Failure to identify an appellant’s cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
Government defeats High Court challenge to ending of ‘Everyone In’ initiative – Local Government Lawyer
‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
MoJ threatened with fine over huge data request backlog – Legal Futures
‘The Information Commissioner’s Office (ICO) has threatened to fine the Ministry of Justice (MoJ) if it fails to deal with thousands of outstanding subject access requests (SARs).’
Legal Futures, 19th January 2022
Source: www.legalfutures.co.uk
Public bodies not generally liable for ‘merely acting ineffectually’, CoA rules – Law Society’s Gazette
‘Public authorities do not generally owe a duty of care “where it has intervened but has done so ineffectually” in a way which fails to confer a benefit rather than “making matters worse”, the Court of Appeal ruled today.’
Law Society's Gazette, 18th January 2022
Source: www.lawgazette.co.uk
Covid denier fined for filming in Gloucester hospital – The Guardian
‘A woman acting as a “guerrilla journalist” when she filmed inside a hospital in an attempt to prove her belief that lockdown measures were disproportionate has been convicted of a public order offence.’
The Guardian, 19th January 2022
Source: www.theguardian.com
Government pauses plans to rewrite UK copyright laws after authors protest – The Guardian
‘After authors including Kate Mosse and Philip Pullman warned that proposals to change the UK’s copyright laws could be “devastating” for writers, the government has paused its plans.’
The Guardian, 19th January 2022
Source: www.theguardian.com
Ben John: Extremist ordered to read books is jailed – BBC News
‘A man told by a judge to read classic literature after being found guilty of a terrorism offence will be jailed after a suspended sentence was quashed.’
BBC News, 19th January 2022
Source: www.bbc.co.uk
14-year-old boy one of youngest in UK to be convicted of terror charges – The Guardian
‘A 14-year-old schoolboy from Darlington has become one of the youngest people in the UK to be convicted of terror charges.’
The Guardian, 19th January 2022
Source: www.theguardian.com
LGBT veterans who served during ban on gay troops to share experiences in government review – The Independent
‘LGBT veterans will be asked about how they were treated when serving in the British military while there was a ban on gay personnel.’
The Independent, 19th January 2022
Source: www.independent.co.uk
Met Police facing legal action over ‘failure’ to probe Downing Street Christmas party – The Independent
‘The Metropolitan Police is facing legal action if it fails to investigate reports of the Downing Street Christmas party in 2020, according to campaigners.’
The Independent, 19th January 2022
Source: www.independent.co.uk
Covid ‘sham’ woman fined for filming in Gloucester hospital – BBC News
‘A woman who twice filmed inside a hospital during lockdown in an attempt to prove Covid-19 was a “sham” has been fined £929.’
BBC News, 19th January 2022
Source: www.bbc.co.uk
Home Office age assessment policy for asylum seekers is unlawful, High Court rules – The Independent
‘The Home Office’s process for age assessing young asylum seekers when they arrive in the UK has been ruled unlawful by the High Court.’
The Independent, 19th January 2022
Source: www.independent.co.uk
High court to hear claims Sarah Everard vigil ban breached human rights – The Guardian
‘Women’s rights activists are at the high court to argue that the police’s decision to ban a vigil for Sarah Everard in London was a breach of their human rights.’
The Guardian, 19th January 2022
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Cameron Taylor Consulting Ltd & Anor v BDW Trading Ltd [2022] EWCA Civ 31 (19 January 2022)
London Borough of Brent v Johnson [2022] EWCA Civ 28 (18 January 2022)
High Court (Administrative Court)
Scott v Director of Public Prosecutions [2022] EWHC 91 (Admin) (19 January 2022)
High Court (Chancery Division)
Charles Stanley Group Plc, Re [2022] EWHC 103 (Ch) (19 January 2022)
Axogen Corporation v Aviv Scientific Ltd [2022] EWHC 95 (Ch) (18 January 2022)
High Court (Commercial Court)
Olympic Council of Asia v Novans Jets LLP [2022] EWHC 88 (Comm) (19 January 2022)
Source: www.bailii.org
