Stalker who sent Harry Styles 8,000 cards is jailed – BBC News
‘A woman who stalked Harry Styles has been jailed and banned from seeing him perform.’
BBC News, 19th April 2024
Source: www.bbc.co.uk
Month: April 2024
BAILII: Recent Decisions
Supreme Court
Secretary of State for Business and Trade v Mercer [2024] UKSC 12 (17 April 2024)
Court of Appeal (Civil Division)
Morris & Ors v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376 (18 April 2024)
ASY & Ors v Home Office [2024] EWCA Civ 373 (18 April 2024)
Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024)
Akhtar v Secretary of State for the Home Department [2024] EWCA Civ 354 (16 April 2024)
Court of Appeal (Criminal Division)
Haden & Ors, R. v [2024] EWCA Crim 344 (16 April 2024)
Luxton, R. v [2024] EWCA Crim 340 (16 April 2024)
High Court (Administrative Court)
Cuciurean v Crown Prosecution Service [2024] EWHC 848 (Admin) (17 April 2024)
Trotman v Environment Agency [2024] EWHC 825 (Admin) (16 April 2024)
Social Work England v Edmund [2024] EWHC 826 (Admin) (12 April 2024)
High Court (Chancery Division)
Valbonne Estates Ltd v United Homes Ltd [2024] EWHC 876 (Ch) (18 April 2024)
Weintraub v London Borough of Hackney [2024] EWHC 845 (Ch) (16 April 2024)
High Court (Family Division)
O (Appeal; Duty To Consider Fact-Find), Re [2024] EWHC 839 (Fam) (17 April 2024)
N (A Child), Re (Ukraine: Art. 13(b)) [2024] EWHC 871 (Fam) (17 April 2024)
High Court (Patents Court)
Sandoz AG & Ors v Bayer Intellectual Property GmbH [2024] EWHC 796 (Pat) (12 April 2024)
High Court (King’s Bench Division)
Wilson v Mendelsohn & Ors [2024] EWHC 821 (KB) (10 April 2024)
High Court (Technology and Construction Court)
ISG Retail Ltd v FK Construction Ltd [2024] EWHC 878 (TCC) (18 April 2024)
Martell v Roszkowski & Ors [2024] EWHC 840 (TCC) (16 April 2024)
Source: www.bailii.org
“A racket” – judge hits out at hidden commissions in PI cases – Legal Futures
‘A circuit judge has attacked the “little micro-industry of unknown and unknowable commissions or referral or arrangement fees” in personal injury claims.’
Legal Futures, 18th April 2024
Source: www.legalfutures.co.uk
Paul F Scott: Spying on Parliamentarians -UK Constitutional Law Association
‘The Investigatory Powers (Amendment) Bill was introduced into Parliament before Christmas, starting in the House of Lords, to which it will shortly return for consideration of Commons amendments. Generally, the progress of the Bill, much of which implements recommendations made by Lord Anderson of Ipswich in his review of the Investigatory Powers Act 2016 of June 2023, has been smooth. This post considers an issue which has been the focus of a large portion of the attention the Bill has received during the Parliamentary process – the change being made to the law permitting the surveillance of parliamentarians – and the logic it might be thought to reflect.’
UK Constitutional Law Association, 17th April 2024
Source: ukconstitutionallaw.org
From low-level drug dealer to human trafficker: are modern slavery laws catching the wrong people? – The Guardian
‘When armed police burst through his front door in Tottenham, north London, at 5am in September 2014, Glodi Wabelua knew things looked bad. The house was full of drug paraphernalia, including a hydraulic press, scales and mixing bowls, as well as a mobile phone full of incriminating texts advertising deals for crack cocaine and heroin.’
The Guardian, 18th April 2024
Source: www.theguardian.com
DWP warns carers they could face greater penalties if they appeal against fines – The Guardian
‘Government officials have been accused of using “threatening and cruel” tactics towards unpaid carers by saying they could face even greater financial penalties if they appeal against “vindictive” benefit fines.’
The Guardian, 17th April 2024
Source: www.theguardian.com
Human rights protections inhibit employer sanctions over lawful strike action, rules Supreme Court – OUT-LAW.com
‘UK legislation allowing employers to take disciplinary action against employees for their participation in lawful strike action is in breach of those employees’ human rights, according to a new Supreme Court ruling.’
OUT-LAW.com, 17th April 2024
Source: www.pinsentmasons.com
Council wins Court of Protection appeal over ruling on capacity of 20-year-old man – Local Government Lawyer
‘The Court of Protection has allowed an unnamed local authority’s appeal against a court decision that a 20-year-old man, ZZ, has capacity to make decisions about residence, engage in sexual relations and marriage.’
Local Government Lawyer, 18th April 2024
Source: www.localgovernmentlawyer.co.uk
Banning ritual prayers in school: Michaela Schools Trust – Law & Religion UK
‘In R (TTT, by her mother and litigation friend UUU) v Michaela Community Schools Trust & Anor [2024] EWHC 842 (Admin), the school’s governing body decided in 2023 to prohibit its pupils from performing prayer rituals on its premises after the Headteacher had banned them as an interim measure. That policy applied to all prayer rituals, regardless of religion, but there was no evidence that pupils of any religion other than Islam wished to perform prayer rituals during the school day. Muslims are required to pray five times a day. The claimant, a Muslim, accepted that the requirements of the school day meant that she would not always be able to fulfil that obligation during the appropriate period; however, she wished to be allowed to perform the midday prayer [Duhr], which during the autumn and winter months would be possible during the school lunch break – which, she argued, was “free time”.’
Law & Religion UK, 17th April 2024
Source: lawandreligionuk.com
Whistleblower protection and proposals for reform – Kingsley Napley Criminal Law Blog
‘When an individual raises concerns regarding suspected wrongdoing, important legal considerations arise for organisations: it can lead to an internal investigation, the interest of regulatory authorities or litigation. A huge range of issues can arise in such situations and the rights of the whistleblower and available protections are key considerations. In addition, the approach and expectations of the authorities in the UK are changing, particularly with support being voiced for the idea of introducing financial rewards for whistleblowers.’
Kingsley Napley Criminal Law Blog, 17th April 2024
Source: www.kingsleynapley.co.uk
CrossCountry Trains advert banned over ‘insufficient’ free food and drink claims – The Independent
‘An ad for CrossCountry Trains has been banned for over-promising on the availability of complimentary food and drink for passengers.’
The Independent, 17th April 2024
Source: www.independent.co.uk
Mohammed Abbkr sentenced for setting worshippers alight – BBC News
‘A man who set two worshippers on fire as they left mosques has been sentenced to an indefinite hospital order.’
BBC News, 17th April 2024
Source: www.bbc.co.uk
Lee Marsons: Developing an Ombuds Human Rights Practice – Essex Constitutional and Administrative Justice Initiative
‘The core function of public services ombuds is to investigate complaints from individuals about “maladministration” by public bodies which has caused injustice. But ombuds have developed several other important functions designed to improve people’s experiences of public services. For example, as seen in the Council of Europe’s 2019 Venice Principles, ombuds are developing a role ensuring that public bodies do not neglect human rights.’
Essex Constitutional and Administrative Justice Initiative, 15th April 2024
Source: essexcaji.org
Yvonne Fletcher: ex-colleague to bring private action against suspect in 1984 killing – The Guardian
‘A retired police officer who was on duty with PC Yvonne Fletcher when she was shot dead outside the Libyan embassy in London 40 years ago today is to bring a private prosecution against one of her alleged killers.’
The Guardian, 17th April 2024
Source: www.theguardian.com
Man who murdered grandfather feigned mental illness – judge – BBC News
‘A man who murdered a grandfather tried to manipulate his psychiatric assessment in order to evade justice, a judge has said.’
BBC News, 16th April 2024
Source: www.bbc.co.uk
The Curious Case of Computer-Generated Works (CGW) in THJ Systems v Sheridan – City Law Forum
‘In December 2023, the Court of Appeal decided THJ Systems v Sheridan [2023] EWCA Civ 1354 and in doing so, illustrated my point nicely. That case involved a software which generated visual ‘risk and pie charts’. A representative example appears below. Both Mr Mitchell (the software developer) and Mr Sheridan (the software user) claimed to own the resulting visual images under section 9(3). This argument appeared in both the re-re-re- amended particulars of the claim (para 38.2) and the re-re-amended defence (para 49). The approved list of issues for trial (question 25) also explicitly directed the courts to determine who the author of the works was under section 9(3). With that in mind, one might expect the judgments of the High Court and Court of Appeal to interpret and apply s9(3).’
City Law Forum, 17th April 2024
Source: blogs.city.ac.uk
Sanctions imposed for illegal boiler installation – Law & Religion UK
‘In Re St. Mary Stalbridge [2024] EC Sal 1, Willink Dep. Ch. set out the circumstances in which an oil-fired boiler was installed in the church without a faculty; explained his decision to grant a confirmatory faculty; and the conditions under which this was granted. In the same judgment, the Deputy Chancellor gave directions requiring the provision of further evidence on the circumstances in which the boiler was unlawfully installed. Those directions are included as an annex to the subsequent judgment Re St. Mary Stalbridge [2024] EC Sal 2 which considers how the illegal act occurred and determines the court’s response.’
Law & Religion UK, 17th April 2024
Source: lawandreligionuk.com
Supreme Court hears appeals over reporting restriction orders in withdrawal of treatment cases – Local Government Lawyer
‘The Supreme Court is this week hearing an appeal over the discharge of reporting restriction orders (RROs) protecting the identity of medical professionals involved in the care of patients in respect of whom an application to withdraw treatment had been made.’
Local Government Lawyer, 16th April 2024
Source: www.localgovernmentlawyer.co.uk
Paedophiles could be stripped of parental rights under new law – BBC News
‘Paedophiles convicted of serious sexual offences could lose parental rights over their children under a new law.’
BBC News, 17th April 2024
Source: www.bbc.co.uk
Serious care failings were a factor in son killing his father, coroner in Wales rules – The Guardian
‘A string of serious failings in the care provided for a man with schizophrenia who killed his father an hour after absconding from a psychiatric ward contributed to the death, a coroner has ruled.’
Th Guardian, 16th April 2024
Source: www.theguardian.com
