15th Anniversary Survey
This year we are celebrating our 15th Anniversary. We started the Current Awareness blog back in 2007! We would be grateful if you could take a couple of minutes to complete a very short user survey.
Dominic Raab says right to abortion does not need to be in bill of rights – The Guardian
‘Dominic Raab has expressed doubts about including the right to an abortion in the forthcoming bill of rights, saying the matter was already “settled in UK law”.’
The Guardian, 29th June 2022
Source: www.theguardian.com
Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy – Oxford Human Rights Hub
‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will ‘ensure courts cannot interpret laws in ways that were never intended by Parliament’. It also seeks to inject a ‘healthy dose of common sense’ into courts’ protection of Convention rights.’
Oxford Human Rights Hub, 27th June 2022
Source: ohrh.law.ox.ac.uk
Archie Battersbee parents win appeal to reconsider case – BBC News
‘The parents of a 12-year-old boy at the centre of a life support dispute have won an appeal for his case to be heard again.’
BBC News, 29th June 2022
Source: www.bbc.co.uk
UK government to scrap European law protecting special habitats – The Guardian
‘Environment secretary George Eustice wants to tear up a key piece of European law that environmentalists say protects cherished habitats in the UK.’
The Guardian, 30th June 2022
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
SI 2022/705 – The Remote Observation and Recording (Courts and Tribunals) Regulations 2022
SI 2022/703 – The Criminal Justice (Sentencing) (Licence Conditions) (Amendment) (No. 2) Order 2022
SI 2022/713 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 26) Order 2022
SI 2022/712 – The Construction Products (Amendment) Regulations 2022
SI 2022/716 – The Criminal Justice and Courts Act 2015 (Commencement No. 8) Order 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
MDW Holdings Ltd v Norvill & Ors [2022] EWCA Civ 883 (28 June 2022)
Alcon Research LLC & Anor v Pharmathen SA & Anor [2022] EWCA Civ 845 (28 June 2022)
High Court (Chancery Division)
Bhabra v Suri & Anor [2022] EWHC 1652 (Ch) (28 June 2022)
Boast v Ballardi & Ors [2022] EWHC 1533 (Ch) (28 June 2022)
Brierley v Otuo & Ors [2022] EWHC 1530 (Ch) (28 June 2022)
High Court (Commercial Court)
Lex Foundation v Citibank NA & Anor [2022] EWHC 1649 (Comm) (28 June 2022)
Banca Intesa Sanpaolo SPA & Anor v Comune Di Venezia [2022] EWHC 1656 (Comm) (28 June 2022)
High Court (Queen’s Bench Division)
Ruta v Department for Work And Pensions [2022] EWHC 1535 (QB) (27 June 2022)
Mussarat v Worldview Media Network Ltd [2022] EWHC 1604 (QB) (27 June 2022)
Goldsmith v Bissett-Powell [2022] EWHC 1591 (QB) (27 June 2022)
High Court (Patents Court)
Teva Pharmaceutical Industries Ltd v Sandoz AG & Ors [2022] EWHC 1603 (Pat) (20 June 2022)
Advanced Bionics AG v Med-El Elektromedizinische Gerate GMBH [2022] EWHC 1345 (Pat) (01 June 2022)
Source: www.bailii.org
High Court gives guidance on scope of article 2 inquests – UK Human Rights Blog
‘In R (Gorani) v HM Assistant Coroner for Inner West London [2022] EWHC1593 (QB), a Divisional Court comprising Macur LJ and Garnham J rejected on all grounds a wide-ranging challenge to the conduct of in inquest into a suicide. Of particular interest were the Court’s observations on the effect of a finding that the investigative duty under article 2, ECHR was engaged, and their clarification that a coroner does not need to hear submissions before refusing to make a ‘preventing future deaths’ report. That said, it is a broad and interesting judgment and deserves reading in full by those with an interest in coronial law.’
UK Human Rights Blog, 28th June 2022
Source: ukhumanrightsblog.com
Delayed public inquiry into UK’s Covid-19 response opens – The Guardian
‘The delayed public inquiry into the UK’s handling of the Covid-19 pandemic has been launched after Boris Johnson accepted calls to widen the terms of reference to consider its unequal impact on minority-ethnic people, on children and on mental health.’
The Guardian, 28th June 2022
Source: www.theguardian.com
Court of Appeal upholds High Court decision limiting private law actions in pollution disputes – Local Government Lawyer
‘The Court of Appeal has confirmed a judgment of the High Court that affected parties do not have a right to bring private law actions against water companies over unauthorised discharges of sewage.’
Local Government Lawyer, 28th June 2022
Source: www.localgovernmentlawyer.co.uk
Robyn Skilton: Neglect contributed to Sussex teen’s death, coroner rules – BBC News
‘A coroner plans to write to the government about mental health services for young people after ruling a girl’s death was contributed to by neglect.’
BBC News, 28th June 2022
Source: www.bbc.co.uk
Councils pledge not to ignore families’ warnings about vulnerable children – The Guardian
‘Council officials have pledged to give more weight to warnings from wider family members about vulnerable children after the murders of Arthur Labinjo-Hughes and Star Hobson, after alarms raised by relatives were disregarded before their deaths.’
The Guardian, 28th June 2022
Source: www.theguardian.com
Serious incidents more common in for-profit children’s homes in England – The Guardian
‘Serious incidents involving the police and whistleblowing complaints are more common in private children’s homes run to make a profit than in homes run by charities and councils, data suggests.’
The Guardian, 28th June 2022
Source: www.theguardian.com
Government To Partially Comply With Istanbul Convention Against Domestic Abuse And Sexual Violence – Each Other
‘In May, Home secretary, Priti Patel, announced that the UK will comply with the Istanbul Convention after a 10-year delay. The UK will now seek to ratify the Convention by 31 July. It is the first legally-binding treaty with minimum legal standards which governments must meet to combat violence against women. After a decade of waiting, concerns have been raised though that the government has and will continue to fail migrant and refugee women, as the government is ‘reserving their right‘ not to comply with article 59, which would end some migrants’ dependence on abusive partners for their immigration status.’
Each Other, 27th June 2022
Source: eachother.org.uk
Everyone in – Lambeth lacking a policy – Nearly Legal
‘While in some ways this is a decision on an historic context (hopefully), there is a lot in this judgment on local authority approaches to housing in a public health emergency to consider.’
Nearly Legal, 26th June 2022
Source: nearlylegal.co.uk
UK work visa for elite graduates is exclusive and based on flawed assumptions – EIN Blog
‘The UK government’s announcement of a new work visa option aimed at attracting top graduates has elicited some backlash because the list of eligible institutions features no universities from Africa, Latin America or South Asia. The Conversation Africa’s Nontobeko Mtshali asked Orla Quinlan, Director of Internationalisation at Rhodes University in South Africa, to share her thoughts on the implications such visa programmes have for international integration and intercultural efforts in higher education.’
EIN Blog, 27th June 2022
Source: www.ein.org.uk
Tony’s Law: Child abusers face tougher sentences as law changes – BBC News
‘Child abusers in England and Wales could now face life in jail as tougher sentencing powers come into force.’
BBC News, 28th June 2022
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
SR (Sri Lanka) v Secretary of State for the Home Department [2022] EWCA Civ 828 (24 June 2022)
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 (24 June 2022)
Credico Marketing Ltd & Anor v Lambert & Anor [2022] EWCA Civ 864 (23 June 2022)
High Court (Administrative Court)
Efthimiou, R (On the Application Of) v The City of London [2022] EWHC 1588 (Admin) (23 June 2022)
High Court (Chancery Division)
Manolete Partners Plc v Dalal & Ors [2022] EWHC 1597 (Ch) (24 June 2022)
E Realisations 2020 Ltd, Re [2022] EWHC 1575 (Ch) (24 June 2022)
High Court (Commercial Court)
Deutsche Bank AG v Sebastian Holdings, Inc & Anor [2022] EWHC 1599 (Comm) (24 June 2022)
The ECU Group Plc v HSBC Bank Plc & Ors [2022] EWHC 1616 (Comm) (24 June 2022)
NKD Maritime Ltd v Bart Maritime (No. 2) Inc [2022] EWHC 1615 (Comm) (24 June 2022)
High Court (Family Division)
A Local Authority v AA [2022] EWHC 1596 (Fam) (15 June 2022)
High Court (Queen’s Bench Division)
Pitalia & Anor v NHS Commissioning Board [2022] EWHC 1636 (QB) (24 June 2022)
Devall & Anor v Ministry of Justice [2022] EWHC 1608 (QB) (23 June 2022)
Halborg & Anor v Halborg & Ors [2022] EWHC 1621 (QB) (23 June 2022)
Mathieu v Hinds & Anor (No. 2: Costs) [2022] EWHC 1624 (QB) (23 June 2022)
Gorani, R (On the Application Of) v Sanghera [2022] EWHC 1593 (QB) (22 June 2022)
Source: www.bailii.org
