January 2018 – Page 10 – Current Awareness

Establishing a breach of Article 3 in medical cases: The ‘applicability’ of Strasbourg jurisprudence – Oxford Human Rights Hub

Posted January 17th, 2018 in deportation, human rights, medical treatment, news by sally

‘In EA & Ors (Article 3 medical cases – Paposhvili not applicable) [2017] UKUT 00445, the Upper Tribunal (Immigration and Asylum Chamber) refused to follow the most recent Strasbourg caselaw regarding the test for a breach of Article 3 ECHR in medical removal cases, finding that it was inconsistent with domestic precedent.’

Oxford Human Rights Hub, 15th January 2018

Source: ohrh.law.ox.ac.uk

‘Black cab rapist’ John Worboys could still be a risk when released, admits Parole Board – Daily Telegraph

Posted January 17th, 2018 in news, parole, rape, recidivists, sexual offences by sally

‘The head of the Parole Board has admitted he cannot guarantee the public’s safety when the ‘black cab rapist’ John Worboys is released at the end of the month.’

Daily Telegraph, 16th January 2018

Source: www.telegraph.co.uk

London borough launches judicial review challenge over police station closures – Local Government Lawyer

Posted January 17th, 2018 in judicial review, local government, London, news, police by sally

‘A London borough is to bring a judicial review challenge against the Mayor’s Office for Policing and Crime (MOPAC) and the Commissioner of the Metropolitan Police Service over a decision to close police buildings.’

Local Government Lawyer, January 2018

Source: www.localgovernmentlawyer.co.uk

Poppi Worthington: prosecutors consider coroner’s ruling – The Guardian

Posted January 17th, 2018 in child abuse, domestic violence, inquests, news, prosecutions, sexual offences by sally

‘Prosecutors are considering a coroner’s findings that Poppi Worthington was sexually assaulted in her father’s bed before her death.’

The Guardian, 17th January 2018

Source: www.theguardian.com

A brief history of libel – OUP Blog

Posted January 17th, 2018 in defamation, news by sally

‘At a Cambridge court hearing in 1584, Margery Johnson reported that she heard Thomas Wylkinson refer to “the said Jane Johnson thus ‘A pox of God on thee, bitch fox whore, that ever I knew thee”. If Wylkinson indeed called down such a curse on Jane, he was guilty not of libel, but of slander, a verbal attack on another person.’

OUP Blog, 16th January 2018

Source: blog.oup.com

Prostitution challenge to be heard in High Court – BBC News

Posted January 17th, 2018 in criminal records, disclosure, news, prostitution by sally

‘The High Court is to hear a legal challenge about whether women who were once involved in prostitution should be made to reveal their convictions.’

BBC News, 17th Janaury 2018

Source: www.bbc.co.uk

Child victims let down by lack of help in court, says UK watchdog – The Guardian

Posted January 17th, 2018 in children, evidence, news, victims, witnesses by sally

‘Hundreds of the most vulnerable victims of crime are being prevented from testifying against their attackers because of a shortage of experts to help them give evidence, the victims’ commissioner warns in a report on Wednesday.’

The Guardian, 17th January 2018

Source: www.theguardian.com

Bar chair: Separation remains for a reason – Law Society’s Gazette

Posted January 16th, 2018 in barristers, legal profession, legal services, news, solicitors by tracey

‘I’m sure every chair for the last several years has been asked to comment on a forthcoming fusion of professions,’ said Andrew Walker QC when asked whether the solicitor and barrister professions will maintain their separate status in years to come.’

Law Society's Gazette, 15th January 2018

Source: www.lawgazette.co.uk

Judge dismisses disclosure bids ahead of £126m credit hire trial – Law Society Gazette

Posted January 16th, 2018 in claims management, consumer credit, disclosure, documents, law firms, news, privilege by tracey

‘The High Court has refused both sides permission to inspect other parties’ documents ahead of a high profile £126m civil case over inflated credit hire charges.’

Law Society Gazette, 16th January 2018

Source: www.lawgazette.co.uk

How we can cut the cost of divorce – Family Law Week

Posted January 16th, 2018 in arbitration, costs, divorce, news by tracey

‘Hazel Wright, Partner and Accredited Mediator with Hunters Solicitors considers the cost benefits of a “no fault” divorce regime.#

Family Law Week, 12th January 2018

Source: www.familylawweek.co.uk

The EU Withdrawal Bill and Judicial Review: Are we ready? – UK Human Rights Blog

Posted January 16th, 2018 in bills, brexit, constitutional reform, EC law, human rights, judicial review, news by sally

‘A battle cry of the Brexiteers during the referendum campaign was a rousing appeal to restore the supremacy of Parliament: to free our great nation from its subservience to EU law. There is therefore a dispiriting irony that the process of withdrawal that is proposed in the EU Withdrawal Bill will lead to a hollowing out of the authority of Parliament[1]. On an unprecedented scale, it is proposed that Parliament will divest itself of powers in its traditional sphere of authority – that of legislating pursuant to the mandate granted by the electorate – and transfer such powers to the Executive. At the same time, there will be a sapping of Parliamentary power to the Judiciary, who will be required to adjudicate on issues of policy that would be expected to have been determined by the sovereign Parliament, unless some clear interpretative guidance is provided in the approach to be adopted to policy issues that will inevitably arise.’

UK Human Rights Blog, 15th January 2018

Source: ukhumanrightsblog.com

Former prostitutes to sue the Government as criminal records stop them volunteering with Brownie groups – Daily Telegraph

Posted January 16th, 2018 in children, criminal records, employment, news, prostitution, volunteers by sally

‘Former prostitutes are set to sue the Government over criminal records checks which stop them volunteering with Brownie groups.’

Daily Telegraph, 15th January 2018

Source: www.telegraph.co.uk

Judges reject fracking appeals but campaigner vows to go to Supreme Court – Local Government Lawyer

Posted January 16th, 2018 in appeals, energy, fracking, news, planning by sally

‘The Court of Appeal has rejected a legal challenge to the Secretary of State for Communities and Local Government’s decision to grant planning permission for exploration works to test the feasibility of “fracking” at two sites in Lancashire.’

Local Government Lawyer, 15th January 2018

Source: www.localgovernmentlawyer.co.uk

Poppi Worthington was sexually abused by father, coroner rules – The Guardian

Posted January 16th, 2018 in child abuse, evidence, forensic science, inquests, news, prosecutions, sexual offences by sally

‘A “fit and active, robust little girl” suffocated after being sexually abused by her father, a coroner has ruled.’

The Guardian, 15th January 2018

Source: www.theguardian.com

DEFRA consults on allowing councils to fine people over fly-tipping – Local Government Lawyer

Posted January 16th, 2018 in consultations, environmental protection, fines, local government, news, penalties, waste by sally

‘Local authorities could have the option of fining those whose waste ends up fly-tipped or illegally dumped rather than having to pursue them through the courts, under proposals put out for consultation by the Government today.’

Local Government Lawyer, 15th January 2018

Source: www.localgovernmentlawyer.co.uk

Companies fight back against YouTube daredevils with legal action – Daily Telegraph

Posted January 16th, 2018 in injunctions, news, trespass by sally

‘Owners of some of the UK’s best known landmarks are pursuing legal action to fight back against YouTube daredevils who climb their iconic buildings.’

Daily Telegraph, 15th January 2018

Source: www.telegraph.co.uk

PRA proposes less stringent insurance regulatory reporting requirements – OUT-LAW.com

Posted January 16th, 2018 in consultations, EC law, insurance, news by sally

‘Plans to reduce regulatory reporting restrictions for UK insurers and mutuals under the Solvency II Directive have been published by the Prudential Regulation Authority (PRA).’

OUT-LAW,.com, 15th January 2018

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 16th, 2018 in legislation by tracey

The Neighbourhood Planning Act 2017 (Commencement No. 3) Regulations 2018

The Video Games Tax Relief (Amendment of Tax Advantages in Schedule 24 to the Finance Act 2016) Regulations 2018

The Community Drivers’ Hours Offences (Enforcement) Regulations 2018

The School and Early Years Finance (England) Regulations 2018

The Asylum Support (Amendment) Regulations 2018

Source: www.legislation.gov.uk

What does NHS compensation pay for? – BBC News

Posted January 16th, 2018 in compensation, damages, health, news, personal injuries by sally

‘Thomas Hord and his family were given almost £8m in compensation by the NHS after he was starved of oxygen during birth.’

BBC News, 16th January 2018

Source: www.bbc.co.uk

Council officials face investigation over Bijan Ebrahimi case – The Guardian

Posted January 16th, 2018 in local government, news, police, racism by sally

‘Council officials will face an investigation over failings in the case of an Iranian refugee who was murdered by a vigilante after years of abuse.’

The Guardian, 15th January 2018

Source: www.theguardian.com

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