Coroner ordered to change ‘cab-rank’ burial release policy – BBC News

Posted April 27th, 2018 in burials and cremation, coroners, islamic law, Judaism, news by tracey

‘A London coroner has been ordered by the High Court to change her “cab-rank” queuing policy for handling burials after it was ruled “unlawful”.’

Full Story

BBC News, 27th April 2018


Casper and Corey Platt-May deaths: Driver high on cocaine is jailed – BBC News

Posted April 27th, 2018 in dangerous driving, guilty pleas, news, sentencing by tracey

‘A driver who killed two young brothers in a hit-and-run crash while high on cocaine has been jailed for nine years.’

Full Story

BBC News, 27th April 2018


Bribery conviction could indicate hard line on new tax evasion offence –

Posted April 27th, 2018 in bribery, company directors, news, tax evasion by tracey

‘The conviction of a company and the jailing of two former company directors for offences under the UK Bribery Act should serve as a warning to businesses over a new tax evasion corporate offence, according to a tax law expert.’

Full Story, 27th April 2018


Final UK network and information security laws published –

Posted April 27th, 2018 in EC law, fines, internet, news, penalties by tracey

‘UK laws which will implement the EU’s Network and Information Security (NIS) Directive have been finalised and published.’

Full Story, 27th April 2018


Throttling Environmental Information – Panopticon

Posted April 27th, 2018 in environmental protection, freedom of information, news by tracey

‘As is so often the way in information rights, the Upper Tribunal reaches a perfectly sensible decision and gives practical guidance which others can actually apply, only for the Court of Appeal to insist on saying mostly the same thing but less clearly and less helpfully. As a result, the Upper Tribunal then has to reconsider the area and steer the law back to a productive course. So it was in Department for Transport & Driver and Vehicle Standards Agency & Porsche Cars GB Ltd v Information Commissioner & Cieslik [2018] UKUT 127 (AAC) (Cieslik), on the – to put it politely – potential interpretative difficulties on the issue of the meaning of “environmental information” under the EIR following the ‘guidance’ of the Court of Appeal in Department for Business, Enterprise and Industrial Strategy v Information Commissioner & Henney [2017] EWCA Civ 844 (see here). And the judgment of Judge Markus QC in Cieslik is a genuinely important and valuable exercise in course correction.’

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Panopticon, 27th April 2018


Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog

‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’

Full Story

Practical Law: Construction Blog, 24th April 2018


Jessica van der Meer: Paws for Thought: The High Court tackles PSPOs in a Landmark Judgment – UK Constitutional Law Association

‘The end of April 2018 was a big week for local government governance. In the same week that Ealing Council enacted a Public Spaces Protection Order (PSPO) to ban pro-life vigils from taking place outside a Marie Stopes clinic, the High Court handed down a landmark judgment dealing with PSPOs. The judgment is the first example of PSPOs being successfully challenged in the High Court.’

Full Story

UK Constitutional Law Association, 26th April 2018


Case Comment: Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 – UK Supreme Court Blog

Posted April 27th, 2018 in contracts, damages, economic loss, news, restrictive covenants by tracey

‘PAUL NICHOLLS QC, MATRIX Case Comments: It is often very difficult in cases involving breaches of restrictive covenants and misuse of confidential information to recover damages. It can be hard to prove loss. Employees may adduce evidence to show, for example, that customers would have ceased to deal with the claimant employer as a result of the mere fact of the employee’s departure such that the employee’s breach of a non-solicitation covenant has not caused loss. In cases about misuse of confidential information, the employee may be able to show that information wrongly removed could easily have been obtained from legitimate sources such that no loss flows from the misuse.’

Full Story

UK Supreme Court Blog, 24th April 2018


Can you run in school? – The duty of care owed to school children after Pook v Rossall – Zenith PI

Posted April 27th, 2018 in duty of care, news, personal injuries, school children, teachers by tracey

‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’

Full Story

Zenith PI, 27th April 2018


Fundamental Dishonesty or Fundamental Miscommunication? – Zenith PI

Posted April 27th, 2018 in carers, compensation, news, personal injuries by tracey

‘In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015.

Full Story

Zenith PI, 27th April 2018


BAILII: Recent Decisions

Posted April 27th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

SC (Zimbabwe) v Secretary of State for the Home Department [2018] EWCA Civ 929 (26 April 2018)

Youssef -v Secretary of State for the Home Departmen [2018] EWCA Civ 933 (26 April 2018)

Srivatsa v Secretary of State for Health & Anor [2018] EWCA Civ 936 (26 April 2018)

WB v W District Council [2018] EWCA Civ 928 (26 April 2018)

X v Kuoni Travel Ltd [2018] EWCA Civ 938 (26 April 2018)

Court of Appeal (Criminal Division)

M Najib & Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 909 (26 April 2018)

High Court (Administrative Court)

Adath Yisroel Burial Society & Anor, R (On the Application Of) v HM Senior Coroner for Inner North London [2018] EWHC 969 (Admin) (27 April 2018)

The National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor (Procedural Matters) [2018] HC 976 (Admin) (27 April 2018)

Parkhurst Road Ltd v Secretary of State for Communities And Local Government & Anor [2018] EWHC 991 (Admin) (27 April 2018)

The National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor [2018] EWHC 975 (Admin) (27 April 2018)

Sathivel, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 913 (Admin) (26 April 2018)

Singh, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 945 (Admin) (26 April 2018)

Ip v Solicitors Regulation Authority [2018] EWHC 957 (Admin) (26 April 2018)

EL, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 968 (Admin) (26 April 2018)

High Court (Chancery Division)

Food Convertors Ltd & Anor v Newell & Anor [2018] EWHC 926 (Ch) (27 April 2018)

Sky Plc & Ors v Skykick UK Ltd & Anor [2018] EWHC 943 (Ch) (27 April 2018)

High Court (Commercial Court)

The Republic of Angola & Anor v Perfectbit Ltd & Ors [2018] EWHC 965 (Comm) (26 April 2018)

High Court (Queen’s Bench Division)

Coulter v Independent Press Standards Organisation CIC (IPSO) [2018] EWHC 919 (QB) (27 April 2018)

Bourne Rail Ltd & Anor v Ashton & Ors [2018] EWHC 910 (QB) (26 April 2018)


Recent Statutory Instruments –

Posted April 27th, 2018 in legislation by tracey

The Welfare Reform Act 2012 (Commencement No. 17, 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2018

The Transfer of Functions (Digital Government) Order 2018

The Oil and Gas Authority (Offshore Petroleum) (Retention of Information and Samples) Regulations 2018

The General Osteopathic Council (Continuing Professional Development) (Amendment) Rules Order of Council 2018

The Employment Rights Act 1996 (Itemised Pay Statement) (Amendment) (No. 2) Order 2018

The Companies (Disclosure of Address) (Amendment) Regulations 2018

The Bathing Water (Amendment) (England) Regulations 2018


Chairman’s letter to sentencers on imposition of community and custodial sentences – Sentencing Council

Posted April 27th, 2018 in community service, imprisonment, news, sentencing by tracey

‘Earlier this month, the Chairman of the Sentencing Council, Lord Justice Treacy, wrote to all sentencers to remind them of the requirement to follow the Council’s Imposition of Community and Custodial Sentences Definitive Guideline, which has been in force since February 2017. Courts are statutorily bound to follow sentencing guidelines unless it is in the interests of justice not to do so.’

Full text

Sentencing Council, 24th April 2018


Media watchdog upholds complaint by council over “distorted” coverage of foster case – Local Government Lawyer

Posted April 27th, 2018 in complaints, fostering, Islam, media, news by tracey

‘The Independent Press Standards Organisation (IPSO) has upheld a complaint by the London Borough of Tower Hamlets against a national newspaper’s coverage of a fostering case.
IPSO concluded that The Times had breached Clause 1 (Accuracy) in an article headlined ‘Judge rules child must leave Muslim foster home’, which was published on 30 August 2017.’

Full Story

Local Government Lawyer, 25th April 2018


New taskforce to take action against violent crime – Home Office

Posted April 27th, 2018 in crime prevention, drug trafficking, press releases, violence by tracey

‘Home Secretary announces membership of new cross-party taskforce to take action against violent crime.’

Full press release

Home Office, 25th April 2018


Police officer who stole drugs ordered to repay £135,000 – Crown Prosecution Service

‘A police officer who stole and sold the illegal drugs he was meant to dispose of has been ordered to pay back more than £135,000.’

Full press release

Crown Prosecution Service, 24th April 2018


Speech by Sir Brian Leveson: The Pursuit of Criminal Justice – Courts and Tribunals Judiciary

‘Speech by Sir Brian Leveson: The Pursuit of Criminal Justice.’

Full speech

Courts and Tribunals Judiciary, 26th April 2018


Barristers respond to government announcement on diversity of judges – The Bar Council

Posted April 27th, 2018 in barristers, diversity, judiciary, press releases by tracey

‘In response to the Ministry of Justice’s announcement that they will be funding a new programme of Pre-Application Judicial Education to both educate and boost diversity within the judiciary, Robin Allen QC, Chair of the Bar Council’s Equality & Diversity and Social Mobility Committee, said: “The Bar Council believes profoundly in equality under and before the law. So it is delighted by the Lord Chancellor’s announcement today that the MOJ will commit funding for a programme of pre-appointment education for prospective applicants for judicial office of all kinds. We see this as a really positive step towards improving judicial diversity which is so urgently needed and so important.”‘

Full press release

The Bar Council, 26th April 2018


Legal profession facing talent drain as mental health problems surge – Law Society’s Gazette

Posted April 27th, 2018 in mental health, news, solicitors by tracey

‘The proportion of trainees who have experienced mental health problems has more than doubled in the last year, a survey has found, as junior lawyers continue to report severe levels of stress. In its 2018 resilience and wellbeing survey, the Law Society’s Junior Lawyers Division (JLD) found that 39% of trainees reported suffering from mental health problems, up from 19% last year. Among the division’s members as a whole, 38% of respondents said they had experienced mental health problems in the past year, up from 26% last time.’

Full Story

Law Society's Gazette, 27th April 2018


Judicial shortages pose threat to court system, top judge warns – The Guardian

Posted April 27th, 2018 in judiciary, news, recruitment by tracey

‘The effective operation of the courts in England and Wales is under threat due to problems of judicial recruitment, increasingly heavy workloads and deteriorating working conditions, according to the lord chief justice. In his first appearance before the Lords constitution select committee in his new post on Wednesday, Lord Burnett of Maldon also highlighted the growing problem of death threats being made against judges on social media and the need to provide protection.’

Full Story

The Guardian, 25th April 2018