December 2018 – Current Awareness

There will be no posts during the Inner Temple Library’s Christmas closure period which starts at 2pm on 21st December. We will resume posting on 7th January 2017.

Happy Christmas and thanks for reading!

Bungling police lost important documents in Guildford IRA bomb case, coroner hears – Daily Telegraph

Posted December 21st, 2018 in bereavement, coroners, documents, inquests, Ireland, miscarriage of justice, news, police, victims by tracey

‘Bungling police lost important documents in Guildford IRA bomb case, coroner hears.’

Full Story

Daily Telegraph, 20th December 2018

Source: www.telegraph.co.uk

Asylum seeker to sue UK for funding Libyan detention centres – The Guardian

Posted December 21st, 2018 in asylum, detention, immigration, Libya, news, standards by tracey

‘A teenage asylum seeker from Ethiopia is planning to sue the government for its role in funding detention centres in Libya, where he says he experienced physical abuse, extortion and forced labour.’

Full Story

The Guardian, 20th January 2018

Source: www.theguardian.com

Charity Commission investigating Kick It Out over staff welfare – BBC News

Posted December 21st, 2018 in bullying, charities, news, race discrimination, racism, sport by tracey

‘The Charity Commission is investigating football anti-discrimination charity Kick It Out after concerns were raised about staff welfare.’

Full Story

BBC News, 20th December 2018

Source: www.bbc.co.uk

Man jailed for 15 years for plotting to rape baby as part of UK-wide gang – The Independent

Posted December 21st, 2018 in child abuse, internet, news, rape, sentencing, sexual offences by tracey

‘A man has been jailed for 15 years for plotting to rape a baby. Mathew Law was part of a dark web paedophile ring that inflicted ”almost indescribable depravity” on the infant who was aged between six months and a year old, a judge said.’

Full Story

The Independent, 21st December 2018

Source: www.independent.co.uk

Telford boy Jimmy Owens detained for cricket bat murder – BBC News

Posted December 21st, 2018 in affray, murder, news, sentencing by tracey

‘A boy who murdered a man with a cricket bat has been given a life sentence, and ordered to serve a minimum of 10 years.’

Full Story

BBC News, 20th December 2018

Source: www.bbc.co.uk

Review calls for new powers for corporate governance regulator – OUT-LAW.com

Posted December 20th, 2018 in company directors, financial regulation, news, ombudsmen by tracey

‘The UK needs a new corporate governance regulator, with a new mandate and enhanced powers to hold company directors to account, an independent review has concluded.’

Full Story

OUT-LAW.com, 20th December 2018

Source: www.out-law.com

With friends like these…Burgess v Lejonvarn: Christmas cheer for construction professionals – Practical Law: Construction Blog

Posted December 20th, 2018 in appeals, budgets, construction industry, contracts, costs, duty of care, news by tracey

‘As we all get into the festive spirit you may well find yourself chatting to family or friends about their latest project. Some may ask for your opinion or advice. But don’t get carried away; remember the cautionary tale of Burgess v Lejonvarn before offering any free advice.’

Full Story

Practical Law: Construction Blog, 18th December 2018

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 20th, 2018 in legislation by tracey

The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018

The Local Government (Miscellaneous Amendments) (EU Exit) Regulations 2018

The Misuse of Drugs and Misuse of Drugs (Safe Custody) (Amendment) (England and Wales and Scotland) Regulations 2018

The Chemical Weapons (Sanctions) (Overseas Territories) Order 2018

The Air Navigation (Single European Sky) (Penalties) (Amendment) Order 2018

The Capital Requirements (Amendment) (EU Exit) Regulations 2018

The Privacy and Electronic Communications (Amendment) (No. 2) Regulations 2018

The Bank Recovery and Resolution and Miscellaneous Provisions (Amendment) (EU Exit) Regulations 2018

The Radio Spectrum (EU Exit) Regulations 2018

The Designation of Rural Primary Schools (England) Order 2018

The Higher Education (Transparency Condition and Financial Support) (England) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 20th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

C (Children) (Abduction: Article 13 (B)) [2018] EWCA Civ 2834 (20 December 2018)

McAtee, R (On the Application Of) v The Secretary of State for Justice [2018] EWCA Civ 2851 (20 December 2018)

Kotuk v Entry Clearance Officer, Warsaw [2018] EWCA Civ 2850 (20 December 2018)

CXF, R (On the Application Of) v Central Bedfordshire Council NHS North Norfolk Clinical Commissioning Group [2018] EWCA Civ 2852 (20 December 2018)

Singh v Secretary of State for the Home Department [2018] EWCA Civ 2861 (20 December 2018)

Jennifer Shepherd (On Behalf of 999 Call for the NHS), R (On the Application Of) v (1) NHS Calderdale Clinical Commissioning Group (2) Monitor [2018] EWCA Civ 2849 (20 December 2018)

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2839 (19 December 2018)

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832 (19 December 2018)

Uber BV (“UBV”) & Ors v Aslam & Ors [2018] EWCA Civ 2748 (19 December 2018)

TN (Vietnam) & Anor, R (On the Application of) v Secretary of State for the Home Department & Anor [2018] EWCA Civ 2838 (19 December 2018)

High Court (Administrative Court)

Slade & Anor, R (On the Application Of) v HM Attorney General Of England And Wales [2018] EWHC 3573 (Admin) (20 December 2018)

AR, R (on the application of) v London Borough of Hammersmith and Fulham [2018] EWHC 3453 (Admin) (19 December 2018)

TN (Vietnam) & Anor, R (On the Application of) v Secretary of State for the Home Department & Anor [2018] EWHC 3546 (Admin) (19 December 2018)

Shmatko v The Russian Federation [2018] EWHC 3534 (Admin) (19 December 2018)

Mohamed, R (On the Application Of) v Secretary of State for the Home Department [2018] EWHC 3547 (Admin) (19 December 2018)

Malik & Ors v Public Prosecutors Office in Augsberg, Germany [2018] EWHC 3479 (Admin) (19 December 2018)

High Court (Chancery Division)

Sleight v The Crown Estate Commissioners [2018] EWHC 3489 (Ch) (19 December 2018)

High Court (Commercial Court)

Blackstar Advisors Ltd v Cheyne Capital International Ltd & Anor [2018] EWHC 3496 (Comm) (20 December 2018)

High Court (Queen’s Bench Division)

Lacey v Leonard [2018] EWHC 3528 (QB) (20 December 2018)

Gerber v The Commissioner of Police of the Metropolis [2018] EWHC 3549 (QB) (19 December 2018)

Kalma & Ors v African Minerals Ltd & Ors [2018] EWHC 3506 (QB) (19 December 2018)

Monir v Wood [2018] EWHC 3525 (QB) (19 December 2018)

High Court (Technology and Construction Court)

Skymist Holdings Ltd v Grandlane Developments Ltd [2018] EWHC 3504 (TCC) (19 December 2018)

Source: www.bailii.org

Inadequate risk assessment leads to liability being established: Chisolm -v- Hankins considered – Zenith PI

Posted December 20th, 2018 in duty of care, health & safety, news, statutory duty by tracey

‘In Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) the High Court found liability established on the grounds of an inadequate risk assessment by the defendant employer. The judge also made important observations about the relevance of statutory duties after s.69 of the ERRA 2013.’

Full Story

Zenith PI, 18th December 2018

Source: zenithpi.wordpress.com

Trio of justice bills become law – Ministry of Justice

Posted December 20th, 2018 in bills, compensation, courts, judiciary, personal injuries, press releases, prisons by tracey

‘Justice Secretary David Gauke today spoke of his pride in a department “delivering real change”, after 3 important justice bills all became law on the same day (20 December 2018).’

Full press release

Ministry of Justice, 20th December 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Home Secretary announces new skills-based immigration system – Home Office

Posted December 20th, 2018 in bills, brexit, EC law, freedom of movement, immigration, news by tracey

‘The Home Secretary announces a new route for skilled workers, strengthened border security and an end to free movement as part of a new immigration system.’

Full Story

Home Office, 19th December 2018

Source: www.gov.uk

Who gets the children at Christmas? – Family Law

Posted December 20th, 2018 in children, custody, divorce, families, holidays, news by tracey

‘For many families, Christmas is a happy time of year. But for those who may be newly separated, it can be a time of heartbreak. This leads to the very important question – who gets the children at Christmas? Monica Blizzard, a director of KHQ Lawyers and head of the family and relationship law team, looks at the details.’

Full Story

Family Law, 19th December 2018

Source: www.familylaw.co.uk

Boost for litigators as court approves 78% costs budget rise – Law Society’s Gazette

Posted December 20th, 2018 in budgets, costs, disclosure, news by tracey

‘The High Court has approved an upwardly revised costs budget after finding that extra disclosure demands constituted a ‘significant development’ in the case. Master Davison approved the increase in Al-Najar & Ors v The Cumberland Hotel (London) after lawyers acting for the claimants were given double the number of documents they had been expecting.’

Full Story

Law Society's Gazette, 20th December 2018

Source: www.lawgazette.co.uk

Woman left infertile after NHS failed to detect cancer for four years awarded £580k to cover surrogacy costs – Daily Telegraph

Posted December 20th, 2018 in cancer, damages, hospitals, negligence, news, surrogacy by tracey

‘A young woman left infertile because her cervical cancer was not spotted for more than four years has been awarded the costs of having surrogate children in America by the Court of Appeal.’

Full Story

Daily Telegraph, 19th December 2018

Source: www.telegraph.co.uk