Temporary Library

Posted June 3rd, 2019 in libraries, news by sally

The Inner Temple Library has moved to temporary accommodation for the duration of Project Pegasus.

Our new address is:

The Inner Temple Library
10 Fetter Lane
5th Floor
London
EC4A 1BR

Our opening hours are:

Monday-Thursday 9.00am-8.00pm,
Friday 9.00am-7.00pm

More information on contacting the Library can be found at https://www.innertemplelibrary.org.uk/about/contacts/

Lucy McHugh murder case: Stephen Nicholson jailed for life – BBC News

Posted July 19th, 2019 in news by tracey

‘A lodger who raped and murdered a 13-year-old girl to stop her exposing him as an abuser has been jailed for life.’

Full Story

BBC News, 19th July 2019

Source: www.bbc.co.uk

Patent trial over RAND not necessary after waiver – OUT-LAW.com

Posted July 19th, 2019 in licensing, news, patents by tracey

‘Businesses using technology protected by standard-essential patents (SEPs) can elect not to take global licensing terms offered by patent holders at any stage, a London court has confirmed.’

Full Story

OUT-LAW.com, 19th July 2019

Source: www.pinsentmasons.com

Extent of jurisdiction to award compensation under section 7(2) of the Party Wall Act 1996 – Practical Law: Construction Blog

Posted July 19th, 2019 in compensation, jurisdiction, news, party walls, surveyors by tracey

‘The question of just how wide a party wall surveyor’s jurisdiction is to award compensation to an adjoining owner (under section 7(2) of the Party Wall Act 1996) has been the subject of a considerable amount of debate among party wall surveyors, so every opportunity for judicial scrutiny and clarification should be welcomed. Therefore, the slightly unusual circumstances that unfolded in the 2012 unreported case of Davis v Trustees of 2 Mulberry Walk provides us with some useful guidance in relation to the operation of section 7(2).’

Full Story

Practical Law: Construction Blog, 17th July 2019

Source: constructionblog.practicallaw.com

Statutory Instruments – legislation.gov.uk

Posted July 19th, 2019 in legislation by tracey

The REACH etc. (Amendment etc.) (EU Exit) (No. 3) Regulations 2019

The Electricity Capacity (No. 2) Regulations 2019

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2019

The Air Traffic Services (Exemption) Order 2019

The Power to Award Degrees etc. (Grimsby Institute of Further and Higher Education) Order of Council 2013 (Amendment) Order 2019

The Civil Procedure (Amendment No. 3) Rules 2019

The Teachers’ Pensions Schemes (Amendment) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 19th, 2019 in law reports by tracey

Supreme Court

Secretary of State for Work and Pensions v MM (Scotland) [2019] UKSC 34 (18 July 2019)

Court of Appeal (Civil Division)

Trail Riders Fellowship v Hampshire County Council [2019] EWCA Civ 1275 (18 July 2019)

MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252 (18 July 2019)

TQ Delta, LLC v Zyxel Communications UK Ltd & Anor [2019] EWCA Civ 1277 (18 July 2019)

Timokhina v Timokhin [2019] EWCA Civ 1284 (18 July 2019)

High Court (Administrative Court)

Mott & Anor v Environment Agency [2019] EWHC 1892 (Admin) (18 July 2019)

Magness, R (On the Application Of) v Powys County Council [2019] EWHC 1901 (Admin) (18 July 2019)

AB, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1969 (Admin) (17 July 2019)

Ikram v Secretary of State for Housing, Communities, And Local Government [2019] EWHC 1869 (Admin) (17 July 2019)

High Court (Chancery Division)

Bashir v Bashir [2019] EWHC 1810 (Ch) (18 July 2019)

Viagogo AG v Competition and Markets Authority [2019] EWHC 1706 (Ch) (18 July 2019)

High Court (Commercial Court)

Vald. Nielsen Holding A/S Newwatch Ltd v Baldorino & Ors [2019] EWHC 1926 (Comm) (18 July 2019)

High Court (Technology and Construction Court)

Engie Fabricom UK Ltd v MW High Tech Projects UK Ltd [2019] EWHC 1876 (TCC) (17 July 2019)

Source: www.bailii.org

CA ruling on ATE and proportionality “a victory for access to justice” – Litigation Futures

Posted July 19th, 2019 in costs, insurance, news, proportionality by tracey

‘Yesterday’s Court of Appeal decision on proportionality and the recovery of after-the-event (ATE) insurance premiums was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny.’

Full Story

Litigation Futures, 18th July 2019

Source: www.litigationfutures.com

BSB updates policy on the publication of disciplinary findings against barristers – Bar Standards Board

‘The Bar Standards Board (BSB) last night decided to update its policy on the publication of disciplinary findings for professional misconduct. The policy will in future extend to all avenues by which the BSB puts disciplinary findings into the public domain and the lengths of time for which such findings are made publicly available have also been revised.’

Full press release

Bar Standards Board, 19th July

Source: www.barstandardsboard.org.uk

Competition watchdog warns Viagogo court action will continue – The Guardian

Posted July 19th, 2019 in competition, consumer protection, contempt of court, news, sport by tracey

‘The competition regulator has warned Viagogo that contempt of court proceedings against it will continue, despite a legal ruling that the controversial ticket resale company has hailed as a victory.’

Full Story

The Guardian, 18th July 2019

Source: www.theguardian.com

Farmer fined after blaming sheep for 23ft hole he made in Offa’s Dyke – Daily Telegraph

Posted July 19th, 2019 in animals, criminal damage, fines, monuments, news by tracey

‘A farmer who busted a 23ft hole in a world-famous Welsh monument and then tried to blame his sheep, has been ordered to pay more than £2,000.’

Full Story

Daily Telegraph, 18th July 2019

Source: www.telegraph.co.uk

Violence rockets as police solve 40,000 fewer crimes a year in deepening ‘crisis’ – The Independent

Posted July 19th, 2019 in criminal justice, news, prosecutions, statistics by tracey

‘Violence has risen by 20 per cent in a year as the number of crimes solved plummeted by 40,000, new figures show amid warnings of a deepening “crisis” in the justice system.’

Full Story

The Independent, 18th July 2019

Source: www.independent.co.uk

Facial recognition trials should stop, MPs say – The Independent

Posted July 19th, 2019 in bills, facial mapping, forensic science, news, police, privacy by tracey

‘Police forces must stop using facial recognition technology until a legal framework for its use is set up, MPs have said.’

Full Story

The Independent, 19th July 2019

Source: www.independent.co.uk

Lucy McHugh: How a Facebook password trapped a killer – BBC News

Posted July 19th, 2019 in evidence, forensic science, internet, murder, news, rape, video recordings by tracey

‘A “violent sexual predator” who killed a 13-year-old girl in a bid to silence her is to be sentenced on Friday for her rape and murder. His arrest sparked one of the UK’s biggest evidence searches and a trawl of thousands of hours of CCTV footage. But a Facebook password proved to be his ultimate undoing.’

Full Story

BBC News, 19th July 2019

Source: www.bbc.co.uk

Breast-ironing is abuse and could lead to prison term, says CPS – The Guardian

‘Relatives who “iron” a young girl’s chest with a hot stone or other objects to delay breast formation could face up to 10 years in prison, under new guidance published by the Crown Prosecution Service.’

Full Story

The Guardian, 19th July 2019

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted July 18th, 2019 in legislation by tracey

The Food and Feed Hygiene and Safety (Amendment No.2) (Northern Ireland) (EU Exit) Regulations 2019

The Neighbourhood Planning Act 2017 (Commencement No. 6) Regulations 2019

The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019

The Vehicle Excise Duty (Taxi Capable of Zero Emissions) Regulations 2019

The Protection of Wrecks (Designation) (England) Order 2019

The Private Security Industry Act 2001 (Licences) (Amendment) Regulations 2019

The Child Support (Miscellaneous Amendments) Regulations 2019

The Persistent Organic Pollutants (Various Amendments) Regulations 2019

The Designation of Schools Having a Religious Character (England) Order 2019

The Coroners and Justice Act 2009 (Commencement No. 20) Order 2019

The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019

The Animal Welfare (Licensing of Activities Involving Animals) (England) (Amendment) Regulations 2019

The Safety of Sports Grounds (Designation) (Amendment) Order 2019

The Electricity Capacity (No. 2) Regulations 2019

The Bank of England and Financial Services Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2019

The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019

The European Union (Withdrawal) Act 2018 (Commencement No. 3) Regulations 2019

The Plant Health (Forestry) (Amendment) (England) Order 2019

The Plant Health (England) (Amendment) Order 2019

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2019

The Social Fund (Children’s Funeral Fund for England) Regulations 2019

Source: www.legislation.gov.uk

New Acts – legislation.gov.uk

Posted July 18th, 2019 in genocide, legislation by tracey

Non-Domestic Rating (Preparation for Digital Services) Act 2019

Holocaust (Return of Cultural Objects) (Amendment) Act 2019

Source: www.legisaltion.gov.uk

BAILII: Recent Decisions

Posted July 18th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (17 July 2019)

Langford v The Secretary of State for Defence [2019] EWCA Civ 1271 (17 July 2019)

MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253 (17 July 2019)

F (A Child) (Fact-Finding Appeal), Re [2019] EWCA Civ 1244 (16 July 2019)

Sanusi v The General Medical Council [2019] EWCA Civ 1172 (16 July 2019)

Court of Appeal (Criminal Division)

Roberts, R v [2019] EWCA Crim 1270 (17 July 2019)

High Court (Commercial Court)

Skymist Holdings Ltd v Grandlane Developments Ltd [2019] EWHC 1834 (Comm) (12 July 2019)

Islamic Republic of Pakistan & Anor v Broadsheet LLC [2019] EWHC 1832 (Comm) (12 July 2019)

Bridgehouse (Bradford No.2) v BAE Systems Plc [2019] EWHC 1768 (Comm) (11 July 2019)

Mohamed v Breish & Ors [2019] EWHC 1765 (Comm) (10 July 2019)

N v The Royal Bank of Scotland Plc [2019] EWHC 1770 (Comm) (08 July 2019)

Hotel Portfolio II UK Ltd v SMA Investment Holdings Ltd & Ors [2019] EWHC 1754 (Comm) (05 July 2019)

UCP Plc v Nectrus Ltd [2019] EWHC 1732 (Comm) (05 July 2019)

LIC Telecommunications SARL & Anor v VTB Capital Plc & Ors [2019] EWHC 1747 (Comm) (05 July 2019)

ED&F Man Capital Markets Ltd v Come Harvest Holdings Ltd & Ors [2019] EWHC 1661 (Comm) (04 July 2019)

Stati & Ors v The Republic of Kazakhstan [2019] EWHC 1715 (Comm) (02 July 2019)

High Court (Family Division)

H v W [2019] EWHC 1897 (Fam) (17 July 2019)

High Court (Patents Court)

Conversant Wireless Licensing SARL v Huawei Technologies Co., Ltd & Ors [2019] EWHC 1687 (Pat) (04 July 2019)

High Court (Queen’s Bench Division)

AB v Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) (16 July 2019)

WCC v Steer [2019] EWHC 1874 (QB) (15 July 2019)

Alvarez v Moor & Anor [2019] EWHC 1774 (QB) (15 July 2019)

Osagie v Serco Ltd & Ors [2019] EWHC 1803 (QB) (11 July 2019)

HM Attorney General v Yaxley-Lennon (Rev 1) [2019] EWHC 1791 (QB) (09 July 2019)

Jamous v Mercouris [2019] EWHC 1746 (QB) (05 July 2019)

Morgan v Times Newspapers Ltd [2019] EWHC 1525 (QB) (02 July 2019)

Source: www.bailii.org

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by tracey

‘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

‘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

Woman must have chemotherapy despite wanting to die, judge rules – The Independent

Posted July 18th, 2019 in cancer, consent, Court of Protection, medical treatment, news by tracey

‘A woman with a brain tumour should have chemotherapy despite “wanting to die”, a judge has decided.’

Full Story

The Independent, 17th July 2019

Source: www.independent.co.uk