02/11/2017 – Current Awareness

‘Felix Ngole, a second-year Master’s student on a social work course at Sheffield University, had been excluded from the course by the Faculty of Social Sciences Fitness to Practise [“FTP”] Committee after comments he posted on Facebook about his personal opposition to same-sex marriage. Before the Administrative Court, he argued that fitness to practise was a matter for the professional social work bodies rather than for the University. In R (Ngole) v University of Sheffield [2017] EWHC 2669 (Admin), however, Rowena Collins Rice, sitting as a Deputy High Court Judge, rejected his claim.’

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Law & Religion UK, 2nd November 2017

Source: www.lawandreligionuk.com

Award of contracts – Local Government Law

Posted November 2nd, 2017 in news, public procurement, regulations, tenders by tracey

‘R (Hersi & Co) v Lord Chancellor (2017) EWHC 2667 (TCC) is concerned with the defendant’s conduct of a public procurement exercise for the award of contracts to provide publicly-funded legal services relating to immigration and asylum and mental health work.’

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Local Government Law, 1st November 2017

Source: local-government-law.11kbw.com

Public Law Podcast Seminar on Radicalisation Part 3: Detention – UK Human Rights Blog

Posted November 2nd, 2017 in asylum, detention, EC law, extradition, news, regulations by tracey

‘Detention and the common European Asylum System – Alasdair Henderson and Suzanne Lambert

The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For ease of reference the following three posts set out the introductions to each of the presentations and the case citations.’

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UK Human Rights Blog, 27th October 2017

Source: ukhumanrightsblog.com

Public Law Podcast Seminar on Radicalisation Part 2: Inquests and Article 2 ECHR – UK Human Rights Blog

Posted November 2nd, 2017 in death in custody, human rights, inquests, mental health, news, terrorism by tracey

‘Inquests and Article 2 ECHR – Caroline Cross and Suzanne Lambert

The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For non-Apple devices the podcasts are available via the Audioboom app.’

Full Story

UK Human Rights Blog, 27th October 2017

Source: ukhumanrightsblog.com

Gosh! Where has Ghosh gone? – White Collar Crime Blog

Posted November 2nd, 2017 in appeals, jury directions, misrepresentation, news, Supreme Court by tracey

‘Ivey (Appellant) v Genting Casinos (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67 On appeal from [2016] EWCA Civ 1093. The Supreme Court has today unanimously declared that the second stage of the Ghosh test of dishonesty does not correctly represent the law, and that directions based upon it ought no longer to be given by judges to juries.’

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White Collar Crime Blog, 28th October 2017

Source: www.2harecourt.com

BAILII: Recent Decisions

Posted November 2nd, 2017 in law reports by tracey

Supreme Court

Littlewoods Ltd and others v Commissioners for Her Majesty’s Revenue and Customs [2017] UKSC 70 (01 November 2017)

Michalak v General Medical Council and others [2017] UKSC 71 (01 November 2017)

Brown v The Parole Board for Scotland, The Scottish Ministers and another (Scotland) [2017] UKSC 69 (01 November 2017)

C, R (on the application of) v Secretary of State for Work and Pensions [2017] UKSC 72 (01 November 2017)

P v Commissioner of Police of the Metropolis [2017] UKSC 65 (25 October 2017)

Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 (25 October 2017)

Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited (Scotland) [2017] UKSC 66 (25 October 2017)

Ivey v Genting Casinos (UK) Ltd (t/a Crockfords) [2017] UKSC 67 (25 October 2017)

Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 (25 October 2017)

Source: www.baili.org

Solicitor awarded £70,000 damages for “very serious libel” – Legal Futures

Posted November 2nd, 2017 in damages, defamation, incitement, news, perjury, solicitors by tracey

‘A solicitor has been awarded £70,000 in libel damages after he was accused by a newspaper of incitement to commit perjury.’

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Legal Futures, 2nd November 2017

Source: www.legalfutures.co.uk

Lord Reed at the Centre for Private Law, University of Edinburgh – Supreme Court

Posted November 2nd, 2017 in foreign jurisdictions, judges, judiciary, speeches, Supreme Court by tracey

‘Lord Reed at the Centre for Private Law, University of Edinburgh: Comparative Law in the Supreme Court of the United Kingdom, 13 October 2017.’

Full speech

Supreme Court, 13th October 2017

Source: www.supremecourt.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012: Post-Legislative Memorandum – Ministry of Justice

Posted November 2nd, 2017 in legal aid, legislation, press releases, reports, sentencing by tracey

‘This document serves as the post-legislative memorandum for Parts 1, 2 and 3 of LASPO. It is being published with regard to the post-legislative scrutiny process. The memorandum was presented to the Justice Select Committee on 30 October 2017.’

Full press release

Ministry of Justice, 30th October 2017

Source: www.gov.uk/government/organisations/ministry-of-justice

Government starts work on Law Commission health care and mental capacity recommendations – Law Commission

Posted November 2nd, 2017 in care workers, consultations, deprivation of liberty safeguards, health, Law Commission, mental health, press releases, reports by tracey

‘The Government has launched a new consultation looking at the regulation of health care professionals, based on recommendations from a 2014 report by the UK Law Commissions.’

Full press release

Law Commission, 1st November 2017

Source: www.lawcom.gov.uk/

Ratification of the Council of Europe convention on combating violence against women and domestic violence – Home Office

Posted November 2nd, 2017 in domestic violence, human rights, press releases, reports, treaties by tracey

‘The report sets out measures being taken by the government toward ratifying the Istanbul Convention.’

Full press release

Home Office, 1st November 2017

Source: www.gov.uk/home-office

Speech by Sir Terence Etherton MR: Equity and Conscience – Eldon Professor’s Lecture – Courts and Tribunals Judiciary

Posted November 2nd, 2017 in equity, speeches by tracey

‘Speech by Sir Terence Etherton MR: Equity and Conscience – Eldon Professor’s Lecture.’

Full speech

Courts and Tribunals Judiciary, 30th October 2017

Source: www.judciary.gov.uk

Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit – Courts and Tribunals Judiciary

Posted November 2nd, 2017 in choice of forum, dispute resolution, shipping law, speeches by tracey

‘Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit.’

Full speech

Courts and Tribunals Judiciary, 2nd November 2017

Source: www.judiciary.gov.uk

BSB publishes updated disciplinary tribunal regulations and rules on parental leave in new BSB Handbook – Bar Standards Board

Posted November 2nd, 2017 in barristers, disciplinary procedures, parental rights, press releases, regulations, sentencing, witnesses by tracey

‘A new rule clarifying how vulnerable witnesses give evidence is one of a set of new and updated disciplinary tribunal regulations published today in the new version of the BSB handbook. The revised Handbook also contains new rules about shared parental leave, in addition to some minor amendments to provide additional clarity.’

Full press release

Bar Standards Board, 1st November 2017

Source: www.barstandardsboard.org.uk

High Court dismisses seven-year legal aid contract fight – Law Society’s Gazette

Posted November 2nd, 2017 in delay, law firms, legal aid, news by tracey

‘The High Court has dismissed a law firm’s challenge to a government legal aid contract decision – seven years after judicial review proceedings began. Mr Justice Coulson hoped the “sorry saga’ would be regarded as an example of how not to conduct a public procurement challenge.’

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Law Society's Gazette, 1st November 2017

Source: www.lawgazette.co.uk

From Russia with love: the latest word on Part III MFPA 1984 Claims – Family Law Week

Posted November 2nd, 2017 in delay, divorce, financial provision, foreign jurisdictions, jurisdiction, news by tracey

‘Byron James, barrister, Expatriate Law (based in the United Arab Emirates) considers the recent guidance from the Court of Appeal in relation to applications made under Part III of the Matrimonial and Family Proceedings Act 1984.’

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Family Law Week, 27th October 2017

Source: www.familylawweek.co.uk

MIAMs: a worthy idea, failing in delivery – Family Law Week

Posted November 2nd, 2017 in arbitration, dispute resolution, divorce, families, financial provision, news by tracey

‘Andrew Moore and Sue Brookes, both of Mills and Reeve LLP, consider mediation information assessment meetings, highlighting the flaws in the process and what can be done to improve the current system.’

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Family Law Week, 31st October 2017

Source: www.familylawweek.co.uk