ECHR Articles 9 and 14 – Local Government Law

‘In R (Adath Yisroel Burial Society) v Senior Coroner for Inner North London (2018) EWHC 969 (Admin) a Divisional Court (Singh LJ and Whipple J) observed (paragraph 94) that in Eweida v UK the ECtHR emphasized the importance of the rights set out in Article 9, and stated that there are several things of importance to note about the terms of Article 9.’

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Local Government Law, 1st May 2018

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

Unitary patent and Unified Patent Court reforms: state of play May 2018 – OUT-LAW.com

Posted May 2nd, 2018 in courts, EC law, news, patents, treaties by tracey

‘The UK’s recent ratification of the Unified Patent Court (UPC) Agreement marked an important step towards a new system of unitary patent protection becoming operational. The process has been lengthy and complex and is not over yet.’

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OUT-LAW.com, 1st May 2018

Source: www.out-law.com

Court of Appeal confirms limited scope for re-opening permission decisions – OUT-LAW.com

Posted May 2nd, 2018 in appeals, civil procedure rules, judicial review, news, planning by tracey

‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’

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OUT-LAW.com, 2nd May 2018

Source: www.out-law.com

Court of appeal finds arbitrator in Deepwater Horizon case not biased – Practical Law: Construction Blog

Posted May 2nd, 2018 in appeals, arbitration, bias, news by tracey

‘Section 33 of the Arbitration Act 1996 imposes a duty on arbitrators to “act fairly and impartially as between the parties” and section 24(1)(a) provides that the court has the power to remove an arbitrator if circumstances exist that “give rise to justifiable doubts as to his impartiality”. This week I’m looking at the Court of Appeal’s decision in Halliburton Company v Chubb Bermuda Insurance Ltd and others, where the court had to decide whether an arbitrator should be removed under section 24 in circumstances where he had accepted multiple appointments in overlapping cases without telling the parties’

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Practical Law: Construction Blog, 1st May 2018

Source: constructionblog.practicallaw.com

Coroner defeated over controversial ‘cab-rank’ burial policy – UK Human Rights Blog

‘The Divisional Court has ruled that the Senior Coroner for Inner North London acted unlawfully in adopting a policy that resulted in Jewish and Muslim families facing delays in the burials of family members, contrary to their religious beliefs. The policy was held to amount to an unlawful fetter upon her discretion, and also to be irrational, to breach Articles 9 and 14 of the ECHR and to amount to indirect discrimination contrary to the Equality Act 2010 (“EQA”).’

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UK Human Rights Blog, 1st May 2018

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 2nd, 2018 in legislation by tracey

The Prison and Young Offender Institution (Amendment) Rules 2018

The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Order 2018

The Registration (Entries of Overseas Births and Deaths) (Amendment) Order 2018

The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 2nd, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Wakefield College v Revenue And Customs [2018] EWCA Civ 952 (01 May 2018)

Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978 (01 May 2018)

Court of Appeal (Criminal Division)

Mills, R v [2018] EWCA Crim 944 (01 May 2018)

High Court (Administrative Court)

Stone & Anor v Environment Agency [2018] EWHC 994 (Admin) (01 May 2018)

S2 v The Secretary of State for the Home Department [2018] EWHC 993 (Admin) (30 April 2018)

High Court (Chancery Division)

Wilton UK Ltd & Anor v Shuttleworth & Ors [2018] EWHC 911 (Ch) (01 May 2018)

High Court (Commercial Court)

Carney & Ors v NM Rothschild & Sons Ltd [2018] EWHC 958 (Comm) (01 May 2018)

Motortrak Ltd v FCA Australia Pty Ltd [2018] EWHC 990 (Comm) (30 April 2018)

High Court (Queen’s Bench Division)

Pirtek (UK) Ltd v Jackson [2018] EWHC 1004 (QB) (01 May 2018)

Source: www.bailii.org

Cosmetics store and owner ordered to pay £60k over skin lightening products – Local Government Lawyer

Posted May 2nd, 2018 in fines, health & safety, news by tracey

‘A hair and cosmetics store has been hit with what is thought to be a record fine in London for breaching cosmetics regulations by illegally selling dangerous skin lightening products.’

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Local Government Lawyer, 1st May 2018

Source: www.localgovernmentlawyer.co.uk

Reject data contracts with solicitor firms, bar told – Law Society’s Gazette

Posted May 2nd, 2018 in barristers, contracts, data protection, law firms, news by tracey

‘Self-employed barristers have been advised not to sign contracts drawn up by law firms attempting to comply with data protection legislation coming into force this month. The contracts, required by Article 28 of the General Data Protection Regulation (GDPR), provide “data controllers” with guarantees that “data processors” working for them will protect the rights of data subjects – in this case, clients.’

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Law Society's Gazette, 2nd May 2018

Source: www.lawgazette.co.uk

Ofcom to investigate Trinity Mirror deal to buy Express and Star – The Guardian

Posted May 2nd, 2018 in competition, media, mergers, news by tracey

‘Trinity Mirror’s £200m deal to buy the Express and Star newspapers is to be investigated by media regulator Ofcom over issues including plurality and the editorial independence of Richard Desmond’s titles.’

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The Guardian, 1st May 2018

Source: www.theguardian.com

Ministers back down on tax haven company registers – BBC News

Posted May 2nd, 2018 in bills, news, tax avoidance by tracey

‘The government has agreed to calls for new measures aimed at increasing transparency in offshore tax havens.’

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BBC News, 1st May 2018

Source: www.bbc.co.uk

Abortion death after ‘repeated failures’ at Ealing clinic – BBC News

Posted May 2nd, 2018 in abortion, doctors, health & safety, homicide, inquests, news, nurses by tracey

‘A woman who died hours after having an abortion was let down by the “repeated failures” of medics, an inquest found.’

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BBC News, 1st May 2018

Source: www.bbc.co.uk

Modern slavery strategy ‘yet to result in coherent action’, MPs find – The Independent

‘Modern slavery is not fully understood by the government and it has no idea if its crackdown is working, MPs have said, while warning that Brexit could worsen the situation.
The Public Accounts Committee concluded that “good intentions have yet to result in coherent action” against the crimes, with no measure of success for a nationwide strategy and inconsistency between regional police forces.’

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The Independent, 2nd May 2018

Source: www.independent.co.uk

Joshua Probert jailed for ‘sextortion’ blackmail threats – BBC News

Posted May 2nd, 2018 in blackmail, internet, news, sentencing, sexual offences by tracey

‘A university student who blackmailed young girls and women into performing “depraved” sex acts online has been jailed for 12 years.’

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BBC News, 1st May 2018

Source: www.bbc.co.uk

Businessman illegally raised value of home by chopping down protected trees – Daily Telegraph

Posted May 2nd, 2018 in environmental protection, news, proceeds of crime, sale of land, trees by tracey

‘A wealthy businessman illegally cut down 11 protected trees on his land to give himself a bigger back garden, a court has heard.’

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Daily Telegraph, 2nd May 2018

Source: www.telegraph.co.uk

Terminally ill man begins appeal against ban on assisted dying – The Independent

Posted May 2nd, 2018 in appeals, assisted suicide, news by tracey

‘A terminally ill man has begun an Appeal Court challenge against a ban on assisted dying, arguing he should not be forced to endure a “distressing and undignified” death. Noel Conway, who says he feels “entombed” by his motor neurone disease, is fighting for the right to enlist medical professionals to end his life.’

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The Independent, 2nd May 2018

Source: www.independent.co.uk

Nearly 100 women die in prison over 11-year period due to ‘glaring failures’ by government, says report – The Independent

Posted May 2nd, 2018 in death in custody, news, prisons, women by tracey

‘The government has been accused of a “glaring failure” to act on deaths of women in custody as figures show almost 100 female inmates have died in just over a decade. More than 10 years on from the Corston Report, which outlined the need for a more holistic and integrated approach to vulnerable women in the criminal justice system, there has been “little systemic change” as women “continue to die” in custody, according to a report by charity Inquest.’

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The Independent, 2nd May 2018

Source: www.independent.co.uk

NHS makes near record £19m payout to parents of girl left brain damaged after jaundice treatment went wrong – Daily Telegraph

Posted May 2nd, 2018 in birth, compensation, hospitals, negligence, news by tracey

‘The NHS has made a near record £19m payout to the parents of girl left brain damaged after jaundice treatment went wrong. The nine-year-old was born at King’s College Hospital with severe jaundice and her lawyers claimed there was a negligent delay in giving her a total blood transfusion.’

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Daily Telegraph, 1st May 2018

Source: www.telegraph.co.uk