Failure to disclose vital evidence in criminal cases growing, says watchdog – The Guardian

‘Failure to disclose vital evidence is the biggest single cause of miscarriages of justice and the problem is getting worse, the outgoing chairman of the Criminal Cases Review Commission (CCRC) has said.’

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The Guardian, 11th October 2018


Jack Simson Caird: Taking Back Control: Brexit, Parliament and the Rule of Law – UK Constitutional Law Association

Posted October 11th, 2018 in brexit, constitutional law, news, parliament, rule of law by sally

‘Over the next six months of the Brexit process, the UK Parliament will make a number of decisions that will have a profound impact on the UK’s constitution and its legal systems. In a Bingham Centre for the Rule Law Report published this week, The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis, we argue that the next six months represents a major test for the Rule of Law in the UK.’

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UK Constitutional Law Association, 10th October 2018


No compensation for Google data breaches – UK Human Rights Blog

Posted October 11th, 2018 in compensation, data protection, human rights, internet, news by sally

‘Most of us resignedly consent to the use of cookies in order to use internet sites, vaguely aware that these collect information about our browsing habits in order to target us with advertisements. It’s annoying, but does it do us any harm? That is the question that came up before Warby J in a preliminary application for a representative claim last week.’

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UK Human Rights Blog, 10th October 2018


Recent Statutory Instruments –

Posted October 11th, 2018 in legislation by tracey

The Tenants’ Associations (Provisions Relating to Recognition and Provision of Information) (England) Regulations 2018

The Financial Guidance and Claims Act 2018 (Commencement No. 4) Regulations 2018

The Tribunal Procedure (Amendment No. 2) Rules 2018

The Plant Health (England) (Amendment) (No. 4) Order 2018

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2018

The Higher Education and Research Act 2017 (Commencement No. 4) Regulations 2018

The Design Right (Semiconductor Topographies) (Amendment) (EU Exit) Regulations 2018

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2018

The Safety of Sports Grounds (Designation) (Amendment) (No. 2) Order 2018

The Groceries Code Adjudicator Act 2013, Small Business, Enterprise and Employment Act 2015 and Enterprise Act 2016 (Amendment) (EU Exit) Regulations 2018


BAILII: Recent Decisions

Posted October 11th, 2018 in law reports by tracey

Supreme Court

Lee v Ashers Baking Company Ltd & Ors (Northern Ireland) [2018] UKSC 49 (10 October 2018)

Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 (10 October 2018)

Nottingham City Council v Parr & Anor [2018] UKSC 51 (10 October 2018)

Court of Appeal (Civil Division)

Arcadis Consulting (UK) Ltd v AMEC (BCS) Ltd [2018] EWCA Civ 2222 (10 October 2018)

Revenue and Customs (HMRC) v London Clubs Management Ltd [2018] EWCA Civ 2210 (09 October 2018)

Invicta Foods Ltd v Revenue and Customs [2018] EWCA Civ 2204 (09 October 2018)

Kimathi & Ors v Foreign & Commonwealth Office [2018] EWCA Civ 2213 (09 October 2018)

Argos Ltd v Argos Systems Inc [2018] EWCA Civ 2211 (09 October 2018)

Sophocleous & Ors v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2018] EWCA Civ 2167 (09 October 2018)

Court of Appeal (Criminal Division)

Gimbert v The Queen [2018] EWCA Crim 2190 (10 October 2018)

High Court (Administrative Court)

T, R (On the Application Of) v Ministry of Justice [2018] EWHC 2615 (Admin) (09 October 2018)

High Court (Chancery Division)

Courtwood Holdings SA v Woodley Properties Ltd & Ors [2018] EWHC 2163 (Ch) (09 October 2018)

Britned Development Ltd v ABB [2018] EWHC 2616 (Ch) (09 October 2018)

High Court (Commercial Court)

Yuchai Dongte Special Purpose Automobile Company Ltd v Suisse Credit Capital (2009) Ltd [2018] EWHC 2580 (Comm) (09 October 2018)

FM Capital Partners Ltd v Marino & Ors [2018] EWHC 2612 (Comm) (09 October 2018)

Simetra Global Assets Ltd & Anor v Ikon Finance Ltd & Ors [2018] EWHC 2624 (Comm) (09 October 2018)

High Court (Queen’s Bench Division)

Griffiths & Ors v Suffolk Police & Anor [2018] EWHC 2538 (QB) (10 October 2018)


Late, later, too late – Nearly Legal

Posted October 11th, 2018 in deposits, housing, landlord & tenant, news by sally

‘Ms T was Ms N’s assured shorthold tenant, with a fixed term tenancy starting on 25 July 2013. The tenancy became a statutory periodic on 25 July 2014. An initial deposit of £1300 was taken, but it was not protected until 22 January 2014. When the statutory periodic tenancy began, Ms N did not renew the deposit protection (as then required by MyDeposits) and the deposit ceased to be protected some weeks after the statutory periodic tenancy began. It was not again protected until 23 February 2017. Prescribed information was, in each case, provided to Ms T at about the time of the protection.’

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Nearly Legal, 10th October 2018


Barrister wins right to see reports his bank made to police – Legal Futures

Posted October 11th, 2018 in banking, barristers, freedom of information, money laundering, news, police by sally

‘A barrister has won the right to see suspicious activity reports (SARs) that his bank made to the National Crime Agency (NCA) about money received into his accounts.’

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Legal Futures, 10th October 2018


Jury fails to come to decision in case of teacher who allegedly had sex with pupil in aeroplane toilet – Daily Telegraph

Posted October 11th, 2018 in juries, news, retrials, sexual grooming, sexual offences, teachers, trials by sally

‘A jury has been discharged in the case of a teacher accused of having sex with a student in the toilet of a plane as they returned from a school trip after they failed to reach a verdict.’

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Daily Telegraph, 10th October 2018


Worse than prison: life inside Britain’s 10 deportation centres – The Guardian

Posted October 11th, 2018 in deportation, detention, human rights, immigration, news by sally

‘Blue flipflops, styrofoam plates and the daily clunk of the cells shutting: immigrants describe the grim reality of deportation ‘jails’.’

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The Guardian, 11th October 2018


Bereaved family say they need £50,000 to pay for legal representation at inquest – The Guardian

Posted October 11th, 2018 in bereavement, costs, fees, inquests, legal representation, news by sally

‘The parents of a vulnerable student who took her own life at a university where there has been a series of deaths have spoken of the difficulty of ensuring there is a fair and transparent investigation because they are struggling to match the legal firepower of other parties involved.’

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The Guardian, 11th October 2018