Recent Statutory Instruments – legislation.gov.uk

Posted April 16th, 2018 in legislation by tracey

The Education (Student Support) (Amendment) (No. 3) Regulations 2018

The Civil Procedure (Amendment No. 2) Rules 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 16th, 2018 in law reports by tracey

Court of Appeal (Criminal Division)

Health And Safety Executive, R (On the Application Of) v ATE Truck & Trailer Sales Ltd (Rev 1) [2018] EWCA Crim 752 (13 April 2018)

High Court (Administrative Court)

Sanneh, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 800 (Admin) (13 April 2018)

Birks, R (On the Application Of) v Marcia Rigg-Samuel [2018] EWHC 807 (Admin) (13 April 2018)

High Court (Chancery Division)

Sandhu & Anor v Nagra & Ors [2018] EWHC 763 (Ch) (13 April 2018)

Instant Access Properties Ltd v Rosser & Ors [2018] EWHC 756 (Ch) (13 April 2018)

High Court (Queen’s Bench Division)
Rajatheepan v Barking, Havering And Redbridge NHS Foundation Trust [2018] EWHC 716 (QB) (13 April 2018)

NT 1 & NT 2 v Google LLC [2018] EWHC 799 (QB) (13 April 2018)

Wright v Satellite Information Services Ltd [2018] EWHC 812 (QB) (11 April 2018)

High Court (Technology and Construction Court)

Redbourn Group Ltd v Fairgate Developments Ltd [2018] EWHC 658 (TCC) (13 April 2018)

Source: www.bailii.org

Bedroom Tax – the powers of the Tribunal and a sufficient chest of drawers – Nearly Legal

Posted April 16th, 2018 in benefits, housing, news by tracey

‘Two bedroom tax related decisions.’

Full Story

Nearly Legal, 15th April 2018

Source: nearlylegal.co.uk

Accommodation pending Appeal – where to appeal a refusal? – Nearly Legal

Posted April 16th, 2018 in appeals, housing, interpretation, news by tracey

‘Davis v Watford Borough Council (2018) EWCA Civ 529. A technical appeal on a point of construction of Housing Act 1996 on homelessness appeals that has considerable practical importance.’

Full Story

Nearly Legal, 15th April 2018

Source: nearlylegal.co.uk

Tribunal: journalist entitled to obtain tax appeal documentation – OUT-LAW.com

Posted April 16th, 2018 in disclosure, documents, media, news, public interest, reporting restrictions, taxation by tracey

‘A journalist should generally be entitled to obtain copies of documentation lodged with the tribunal as part of a tax appeal, including the grounds of appeal and the response of HM Revenue and Customs (HMRC), the Upper Tribunal (UT) has ruled.’

Full Story

OUT-LAW.com, 13th April 2018

Source: www.out-law.com

UK appeal court overturns ‘manifestly excessive’ health and safety fine – OUT-LAW.com

Posted April 16th, 2018 in appeals, fines, health & safety, news by tracey

‘The Court of Appeal has reduced to £200,000 a “manifestly excessive” £475,000 fine imposed on a truck sale and leasing company for breaches of health and safety law which led to the accidental death of a contractor.’

Full Story

OUT-LAW.com, 16th April 2018

Source: www.out-law.com

NT1 + NT2 = Blogging to the Power of A Million (Words) – Panopticon

Posted April 16th, 2018 in data protection, internet, news by tracey

‘It has taken some time for the principles recognised – somewhat ambiguously – in Google Spain to be tested in the English courts. Although the so-called right to be forgotten has rarely left the public memory (at least of that wretched and spindly section of the public which is interested in data protection), taking on Google takes guts, money and an ability to overlook the risk of the Streisand effect. NT1 & NT2 v Google LLC [2018] EWHC 799 (QB) is the battle royale you have been waiting for. But if you want brevity, look elsewhere.’

Full Story

Panopticon, 13th Apil 2018

Source: panopticonblog.com

Case Comment: JSC BTA Bank v Khrapunov [2018] UKSC 19 – UK Supreme Court Blog

‘Jessica Joel, trainee solicitor at CMS, considers the case of JSC BTA Bank v Khrapunov.;

Full Story

UK Supreme Court Blog, 13th April 2018

Source: ukscblog.com

Dog walker and council both claim success in High Court ruling on PSPO – Local Government Lawyer

Posted April 16th, 2018 in dogs, environmental protection, local government, news by tracey

‘A resident and dog walker has partially won a High Court challenge to a Public Spaces Protection Order (PSPO) brought in by the London Borough of Richmond. However, the council said the two provisions that were quashed by the judge were only “minor prohibitions” and the bulk of the order remained intact.’

Full Story

Local Government Lawyer, 16th April 2018

Source: www.localgovernmentlawyer.co.uk

Appeals and clarification of a judge’s reasons: Re P (A Child) – Family Law

Posted April 16th, 2018 in appeals, child abuse, delay, judgments, news, reasons by tracey

‘The recent Court of Appeal decision of Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) concerned T (born we are told ‘in 2000’: ie she is 17 or over, see the Children Act 1989, s 31(3) below) and her younger sister, X. The case operates on a number of levels. The main issue for the Court of Appeal was the judge’s failure to provide a clear and prompt judgment to explain her original determination (communicated in abbreviated form, as explained below); and then to fail to provide the parties with clarification of reasons for her judgment as permissibly requested by them.’

Full Story

Family Law, 13th April 2018

Source: www.familylaw.co.uk

Gang members jailed for modern slavery – Crown Prosecution Service

‘Two London gang members who trafficked a teenage girl to Swansea to deal heroin and crack cocaine have been jailed.’

Full press release

Crown Prosecution Service, 13th April 2018

Source: www.cps.gov.uk

Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference – Courts & Tribunals Judiciary

Posted April 16th, 2018 in case management, courts, electronic filing, judiciary, speeches by tracey

‘Speech by Lord Chief Justice the Lord Burnett of Maldon at the Association of District Judges Annual Conference.’

Full speech

Courts & Tribunals Judiciary, 16th April 2018

Source: www.judiciary.gov.uk

Google must delete links in ‘right to be forgotten’ case – Law Society’s Gazette

Posted April 16th, 2018 in data protection, internet, news by tracey

‘Search engine giant Google has been ordered to remove links to articles about the historic criminal convictions of a businessman in the first “right to be forgotten” case to be decided in England and Wales. Ruling in NT 1 and NT 2 v Google LLC today, Mr Justice Warby reached opposite conclusions about the two claimants, identified as NT 1 and NT 2, based on the nature of the criminal convictions and the extent to which publication of information related to the claimant’s private life.’

Full Story

Law Society's Gazette, 13th April 2018

Source: www.lawgazette.co.uk

Finance and Divorce Update, April 2018 – Family Law Week

‘Claire Molyneux Senior Associate, and Naomi Shelton, Associate, Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2018.’

Full Story

Family Law Week, 15th April 2018

Source: www.familylawweek.co.uk

Britain’s first WhatsApp fingerprint conviction leads to flood of new cases – Daily Telegraph

Posted April 16th, 2018 in news by tracey

‘Britain’s first WhatsApp fingerprint conviction has led to a flood of new cases, police have revealed, after a criminal was caught using a photograph of his hand holding drugs.
South Wales police used pioneering techniques to enhance a photograph of three fingers holding ecstasy tablets, which was found on a mobile phone after an arrest linked to a drug dealing investigation in Bridgend.’

Full Story

Daily Telegraph, 15th April 2018

Source: www.telegraph.co.uk

Sean Rigg custody death: Met directed to begin hearings – BBC News

Posted April 16th, 2018 in death in custody, misfeasance in public office, news, police, restraint by tracey

‘The police watchdog has directed the Met Police to begin gross misconduct hearings against five officers over the custody death of a mentally ill man. Sean Rigg, who had schizophrenia, died from cardiac arrest at Brixton police station in August 2008 after being restrained by officers. The Independent Office for Police Conduct (IOPC) said officers should face hearings over their actions.’

Full Story

BBC News, 13th April 2018

Source: www.bbc.co.uk

Midwife Jane Greaves sacked after lack of toilet breaks gave her kidney infection wins job back – The Independent

Posted April 16th, 2018 in midwives, news, sick leave, unfair dismissal by tracey

‘A midwife who was sacked for taking too many sick days after she fell ill because of a lack of toilets at work has won an employment tribunal.’

Full Story

The Independent, 14th April 2018

Source: www.independent.co.uk

MPs urge May to resolve immigration status of Windrush children – The Guardian

Posted April 16th, 2018 in citizenship, colonies, immigration, news by tracey

‘More than 140 MPs from all parties have signed a letter to Theresa May, expressing concern about the many Commonwealth-born, long-term British residents who have been incorrectly identified as illegal immigrants and calling on her to find a “swift resolution of this growing crisis”.’

Full Story

The Guardian, 16th April 2018

Source: www.theguardian.com

Sri Lankan wins lawsuit against NHS as midwives fail to explain why she needed to feed her son due to language barrier – Daily Telegraph

Posted April 16th, 2018 in birth, hospitals, interpreters, news, personal injuries by tracey

‘A Sri Lankan refugee who could not speak English has won a legal battle against the NHS after her child was brain damaged after hospital staff did not explain the importance of feeding a newborn.’

Full Story

Daily Telegraph, 13th April 2018

Source: www.telegraph.co.uk

Government ‘failing to act on serious concerns about NHS data sharing’ raised by doctors – The Independent

Posted April 16th, 2018 in data protection, immigration, medical records, news by tracey

‘The government has been accused of failing to act on “serious concerns” raised by doctors and MPs about an NHS policy that sees patient details shared with immigration authorities.’

Full Story

The Independent, 15th April 2018

Source: www.independent.co.uk