Lords overturn MPs with vote for second Leveson inquiry – The Guardian

Posted May 15th, 2018 in corruption, inquiries, media, news, parliament by sally

‘The House of Lords has once again voted to establish a fresh Leveson-style public inquiry into the conduct of the media, overturning a decision made by MPs last week and setting up another showdown with the government.’

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The Guardian, 14th May 2018

Source: www.theguardian.com

Should civil partnerships only be available to same sex couples? – UK Human Rights Blog

Posted May 15th, 2018 in civil partnerships, equality, human rights, news by sally

‘Rebecca Steinfeld and Charles Keidan contend they were unlawfully refused an opportunity to register a Civil Partnership at Chelsea Town Hall on the grounds that the Civil Partnership Act 2004 reserves that status strictly for same sex couples. This exclusion started to appear somewhat anomalous when the government opened marriage up to same sex couples by way of the Marriage (Same Sex Couples) Act 2013. The effect of this is that same sex couples in England and Wales (and Scotland – but not Northern Ireland) had a choice of marriage and civil partnership but different sex couples only had the former option.’

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UK Human Rights Blog, 13th May 2018

Source: ukhumanrightsblog.com

Jacob Eisler: Robinson v. Chief Constable of West Yorkshire Police, 2018 UKSC 4 – UK Constitutional Law Association

Posted May 15th, 2018 in appeals, duty of care, news, police, Supreme Court by sally

‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’

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UK Constitutional Law Association, 14th May 2018

Source: ukconstitutionallaw.org

New Acts – legislation.gov.uk

Financial Guidance and Claims Act 2018

Laser Misuse (Vehicles) Act 2018

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 14th, 2018 in legislation by tracey

The Employment Rights Act 1996 (NHS Recruitment – Protected Disclosure) Regulations 2018

The Licensing Act 2003 (Royal Wedding Licensing Hours) Order 2018

The Environment, Food and Rural Affairs (Miscellaneous Amendments) (England) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 14th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

Hart v Hart [2018] EWCA Civ 1053 (11 May 2018)

ZN (Afghanistan) & Anor v Secretary of State for the Home Department [2018] EWCA Civ 1059 (11 May 2018)

PW v Chelsea and Westminster Hospital NHS Foundation Trust & Ors [2018] EWCA Civ 1067 (11 May 2018)

Versteegh v Versteegh [2018] EWCA Civ 1050 (10 May 2018)

High Court (Administrative Court)

Kricka v County Court In Varazdin, Croatia [2018] EWHC 1129 (Admin) (11 May 2018)

Virdee & Anor, R (On the Application Of) v The National Crime Agency [2018] EWHC 1119 (Admin) (11 May 2018)

Lovett v Health And Care Professions Council [2018] EWHC 1024 (Admin) (10 May 2018)

KI, R (On the Application Of) v London Borough of Brent [2018] EWHC 1068 (Admin) (10 May 2018)

Wiltshire Waste Alliance Ltd v Secretary of State for Communities And Local Government [2018] EWHC 1110 (Admin) (10 May 2018)

Ahmad, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 1082 (Admin) (09 May 2018)

High Court (Chancery Division)

Dobson v Griffey [2018] EWHC 1117 (Ch) (10 May 2018)

High Court (Commercial Court)

Agile Holdings Corporation v Essar Shipping Ltd [2018] EWHC 1055 (Comm) (11 May 2018)

Deleclass Shipping Co Ltd & Anor v Ingosstrakh Insurance Company Ltd (Costs) [2018] EWHC 1135 (Comm) (11 May 2018)

Stati & Ors v The Republic of Kazakhstan [2018] EWHC 1130 (Comm) (11 May 2018)

Uttam Galva Steels Led v Gunvor Singapore Pte Ltd [2018] EWHC 1098 (Comm) (10 May 2018)

High Court (Queen’s Bench Division)

Ahmad v Wood & Anor [2018] EWHC 996 (QB) (11 May 2018)

Faisal & Anor v Younis (t/a Safa Superstore) & Anor [2018] EWHC 1111 (QB) (10 May 2018)

Source: www.bailii.org

Why consent apps don’t work according to criminal lawyers – The Independent

Posted May 14th, 2018 in consent, internet, news, sexual offences by sally

‘In light of the allegations surrounding Harvey Weinstein, the subsequent #MeToo movement and the recent conviction of Bill Cosby, the murky topic of consent – and how it is established – has never been more at the vanguard of social discourse.’

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The Independent, 14th May 2018

Source: www.independent.co.uk

Win (for now) for app developer against Google – UK Human Rights Blog

Posted May 14th, 2018 in electronic commerce, injunctions, internet, news by sally

‘Unlockd, an app developer, sought an interim injunction to prevent Google withdrawing its services. Roth J found that the balance of convenience was in the applicants’ favour. Their claim raised a serious issue to be tried and any action by Google to withdraw their platform would severely damage the applicants’ business. An interim injunction was granted.’

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UK Human Rights Blog, 11th May 2018

Source: ukhumanrightsblog.com

Investigation of law firm accounts reports “tripled in two years”, impact report shows – Legal Futures

Posted May 14th, 2018 in accounts, law firms, news by sally

‘The number of qualified accountants’ reports due to rule breaches has fallen by two-thirds since the rules were changed in 2015, but the amount then being investigated for possible rule breaches has tripled, it has emerged.’

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Legal Futures, 11th May 2018

Source: www.legalfutures.co.uk

Tesco fined £1.6m after prosecution by London borough over store incident – Local Government Lawyer

Posted May 14th, 2018 in fines, health & safety, news by sally

‘A prosecution undertaken by Ealing Council has seen supermarket chain Tesco fined £1.6m fine for health and safety failures at one of its Tesco Metro stores.’

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Local Government Lawyer, 11th May 2018

Source: www.localgovernmentlawyer.co.uk

Cheeki Rafiki yacht boss given suspended sentence over unsafe vessel – BBC News

Posted May 14th, 2018 in homicide, negligence, news, sentencing, suspended sentences by sally

‘A company boss who failed to safely operate a yacht on which four sailors were killed has been given a suspended prison sentence.’

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BBC News, 11th May 2018

Source: www.bbc.co.uk

Government gives no quarter in defence of whiplash reforms despite pressure from peers – Legal Futures

Posted May 14th, 2018 in accidents, bills, news, personal injuries, road traffic by sally

‘The government stood firm on its proposed whiplash reforms yesterday despite criticism from peers, on the first day of the Civil Liability Bill’s committee stage in the House of Lords.’

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Legal Futures, 11th May 2018

Source: www.legalfutures.co.uk

BMW driver guilty of GBH after hitting moped rider with whom he had bad feelings ‘over a girl’ – Daily Telegraph

Posted May 14th, 2018 in grievous bodily harm, news by sally

‘A BMW driver accused of trying to kill a moped rider by driving at him has been convicted of causing grievous bodily harm with intent.’

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Daily Telegraph, 11th May 2018

Source: www.telegraph.co.uk

Court of Appeal: No duty of care on council to control roadside vegetation – Litigation Futures

Posted May 14th, 2018 in duty of care, local government, news, roads, trees by sally

‘The Court of Appeal has rejected an attempt by a cyclist to impose a duty of care on central or local government to prevent roadside vegetation from impairing visibility for road users, saying there would “potentially serious and costly consequences” in doing so “for very little practical gain”.’

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Litigation Futures, 9th May 2018

Source: www.litigationfutures.com

Victims of serious crime face arrest over immigration status – BBC News

Posted May 14th, 2018 in crime, immigration, news, victims by sally

‘More than half of UK police forces are handing over victims of crime to the Home Office for immigration enforcement, new figures show.’

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BBC News, 14th May 2018

Source: www.bbc.co.uk

Don’t use ‘cab rank’ system for burials, coroners to be told – Daily Telegraph

Posted May 14th, 2018 in burials and cremation, coroners, delay, islamic law, Judaism, news by sally

‘Coroners across the country are to be formally instructed to take into account the religious requirements of families when deciding whether to prioritise the burial of their dead, in the wake of a High Court ruling.’

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Daily Telegraph, 12th May 2018

Source: www.telegraph.co.uk

EU rough sleepers win damages for illegal deportations – BBC News

Posted May 14th, 2018 in compensation, deportation, EC law, homelessness, news by sally

‘The government is to pay hundreds of thousands of pounds to European rough sleepers who were illegally detained and deported.’

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BBC News, 13th May 2018

Source: www.bbc.co.uk

UK plan to extend civil partnerships revealed in government report – The Guardian

Posted May 14th, 2018 in civil partnerships, news, sexual orientation discrimination by sally

‘A confidential report drawn up for the former equalities minister Justine Greening proposed extending civil partnerships to opposite-sex couples and building “a consensus for legislation”, according to internal policy documents seen by the Guardian.’

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The Guardian, 13th May 2018

Source: www.theguardian.com

Diet pills death: family seek judicial review of suicide verdict – The Guardian

Posted May 11th, 2018 in coroners, inquests, judicial review, news, suicide by sally

‘The family of a 21-year-old woman who died in an exceptionally busy A&E ward after taking diet pills are launching a legal challenge to overturn a coroner’s conclusion that she intended to kill herself.’

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The Guardian, 11th May 2018

Source: www.theguardian.com

Network and information security laws take effect – OUT-LAW.com

‘New cybersecurity laws impacting organisations across central sectors of the economy have taken effect around Europe.’

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OUT-LAW.com, 10th May 2018

Source: www.out-law.com