Independent Case Review – Oxford Diocese – Law & Religion UK

Posted December 12th, 2018 in Church of England, clergy, disciplinary procedures, news by sally

‘Today, 12th December, the Diocese of Oxford has issued the following Press Release on the establishment of an Independent Case Review of the diocesan safeguarding response to allegations of spiritual abuse in the case of the Revd Tim Davis.’

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Law & Religion UK, 12th December 2018

Source: www.lawandreligionuk.com

Ripping Up the Mental Health Act? – Doughty Street Chambers

Posted December 12th, 2018 in detention, mental health, news, reports by sally

‘The final report of the Independent Mental Health Act Review (“Modernising the Mental Health Act: Increasing choice, reducing compulsion”) has been released. For an analysis of how the Review engages with the UNCRPD, see the post by my colleague Oliver Lewis.’

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Doughty Street Chambers, 6th December 2018

Source: insights.doughtystreet.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 12th, 2018 in legislation by tracey

The Consumer Protection (Amendment etc.) (EU Exit) Regulations 2018

The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018

The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2018

The Stamp Duty Land Tax (Administration) (Amendment) Regulations 2018

The Conservation of Habitats and Species and Planning (Various Amendments) (England and Wales) Regulations 2018

The Value Added Tax (Input Tax) (Specified Supplies) (Amendment) Order 2018

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2018

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 12th, 2018 in law reports by tracey

Court of Appeal (Civil Division)

F (A Child : Placement Order: Proportionality) [2018] EWCA Civ 2761 (11 December 2018)

Morris v Swanton Care & Community Ltd [2018] EWCA Civ 2763 (11 December 2018)

The Secretary of State for the Home Department v SM (Rwanda) [2018] EWCA Civ 2770 (11 December 2018)

Stallion Eight Shipping Co. SA v Natwest Markets Plc [2018] EWCA Civ 2760 (11 December 2018)

High Court (Administrative Court)

Worthington, R (On the Application Of) v The Mother of Poppi Worthington & Ors [2018] EWHC 3386 (Admin) (11 December 2018)

Jet2.Com Ltd, R (On the Application Of) v Civil Aviation Authority [2018] EWHC 3364 (Admin) (10 December 2018)

High Court (Commercial Court)

Capital Alternatives Sales and Marketing Ltd v Nabas & Ors [2018] EWHC 3345 (Comm) (11 December 2018)

High Court (Queen’s Bench Division)

Chisholm v D & R Hankins (Manea) Ltd [2018] EWHC 3407 (QB) (10 December 2018)

Warsama & Anor v The Foreign And Commonwealth Office & Or (Bill of Rights – basis of damages in Convention Claims – loss of a chance – costs) [2018] EWHC 3393 (QB) (05 December 2018)

Source: www.bailii.org

Multiplicity of legal regulators “not helping AML fight” – Legal Futures

Posted December 12th, 2018 in financial regulation, money laundering, news by sally

‘The “multiplicity” of legal and accountancy regulators in the UK is not helping the fight against money laundering, the Financial Action Task Force (FATF) has complained.’

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Legal Futures, 12th December 2018

Source: www.legalfutures.co.uk

Poppi Worthington’s father fails in bid to clear his name – Daily Telegraph

Posted December 12th, 2018 in child abuse, coroners, inquests, judicial review, news by sally

‘The father of Poppi Worthington has failed in his latest bid to clear his name after the High Court ruled the coroner who said he “probably sexually assaulted” his daughter “cannot be faulted”.’

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Daily Telegraph, 11th December 2018

Source: www.telegraph.co.uk

What does the Brexit Withdrawal Agreement mean for the European Arrest Warrant? Read the small print… – Doughty Street Chambers

Posted December 12th, 2018 in brexit, EC law, extradition, news, warrants by sally

‘Whether you consider it is the duty of our fellow citizens to read the 599 pages of the Withdrawal Agreement before expressing an opinion on Brexit, it is certainly the duty of any lawyer entering the fray.’

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Doughty Street Chambers, 27th November 2018

Source: insights.doughtystreet.co.uk

Pupil brings legal action against school’s isolation policy – The Guardian

Posted December 12th, 2018 in disciplinary procedures, judicial review, news, school children by sally

‘Legal proceedings have been lodged in the high court against an academy trust for its use of so-called isolation units to discipline pupils.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

Dublin returns to Italy give rise to an arguable breach of Article 3 ECHR – Garden Court Chambers

Posted December 12th, 2018 in asylum, EC law, human rights, judicial review, mental health, news by sally

‘Judgment in the test case of SM & Ors v SSHD was handed down by the Upper Tribunal on 4 December 2018. The Tribunal quashed the decision to certify SM and RK’s human rights claims as “clearly unfounded” on the basis that their particular vulnerability, combined with the latest evidence of profound problems with the Italian reception system meant that that the Secretary of State should either exercise the discretion to consider their claims here or obtain an assurance that they would be provided with appropriate accommodation. The evidence before the Tribunal predated the latest Italian government’s anti-migrant policies.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

London boroughs win out-of-borough housing claim at CoA – Local Government Lawyer

Posted December 12th, 2018 in homelessness, housing, local government, news by sally

‘Two London boroughs have won in the Court of Appeal over challenges to their policies on out-of-borough accommodation placements for homeless people.’

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Local Government Lawyer, 11th December 2018

Source: www.localgovernmentlawyer.co.uk

Brighton ‘babes in the wood’ killer Russell Bishop jailed for life – The Guardian

Posted December 12th, 2018 in children, murder, news, sentencing by sally

‘The “babes in the wood” killer, Russell Bishop, has been jailed for life and ordered to serve a minimum of 36 years for the murder or two schoolgirls more than three decades ago.’

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The Guardian, 11th December 2018

Source: www.theguardian.com

A Comparative Perspective to Hybrid Dispute Resolution Fora: Jurisdiction, Applicable Law and Enforcement of Judgments – 4 New Square

Posted December 12th, 2018 in courts, dispute resolution, enforcement, international courts, jurisdiction, news by sally

‘Lecture by Sir Rupert Jackson for the Qatar Conference on ‘The Promise of Hybrid Dispute Resolution Fora’ on 18th November 2018.’

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4 New Square, 19th November 2018

Source: www.4newsquare.com

Oxbridge applicants misled by personal statements company, Advertising Standards Authority rules – Daily Telegraph

Posted December 12th, 2018 in advertising, complaints, consumer protection, news, universities by sally

‘Oxbridge applicants purchasing £150 pre-written personal statement were misled after believing they could pass them off as their own work, the Advertising Standards Authority has ruled.’

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Daily Telegraph, 12th December 2018

Source: www.telegraph.co.uk

Deprivation of Liberty and Consent- the Supreme Court decides – Doughty Street Chambers

Posted December 12th, 2018 in consent, deprivation of liberty safeguards, detention, mental health, news by sally

‘The Supreme Court has handed down judgment in the case of MM. This was an appeal against the Court of Appeal’s decision in the Secretary of State for Justice v MM [2017] EWCA Civ 194 (29 March 2017).Both PJ and MM appealed to the Supreme Court but for administrative reasons MM’s appeal was heard first. MM’s appeal has been dismissed.MM was detained under sections 37/41 Mental Health Act (“MHA”) and sought a conditional discharge from hospital to conditions which would objectively give rise to a deprivation of his liberty, to which he had capacity to consent. Although no placement had been identified the First Tier Tribunal (Mental Health) (“the FtT”) was asked whether as a matter of principle it would be lawful to discharge him conditionally on such conditions. The FtT ruled that it could not. At the Upper Tribunal Charles J held that he could give a valid consent to this and as such Article 5 would not be engaged. (A similar issue was in play in Secretary of State v KC [2015] UKUT 0376 (AAC, where Charles J held that the FtT could impose conditions on a discharge that objectively deprived a patient of his or her liberty and that the Court of Protection and/or a decision maker could consent to).’

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Doughty Street Chambers, 28th November 2018

Source: insights.doughtystreet.co.uk

Upper Tribunal Rules Home Office’s Removal of Disputed Minor to Germany Unlawful and Orders his Return to UK – Garden Court Chambers

Posted December 12th, 2018 in asylum, children, EC law, judicial review, mental health, news by sally

‘Following a hearing that took place on 11 October 2018, Mr Justice William Davis, a High Court Judge sitting in the Upper Tribunal, ruled that the Home Office unlawfully removed ‘QH’, an exceptionally vulnerable young Afghan male, to Germany. As a result, the Court has today ordered the Home Office to take steps to return QH to the UK so that his asylum claim can be decided here.’

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Garden Court Chambers, 4th December 2018

Source: www.gardencourtchambers.co.uk

New rules spell out when doctors can let patients with brain damage die – The Guardian

Posted December 12th, 2018 in codes of practice, doctors, food, medical ethics, medical treatment, news by sally

‘Guidance on when to withdraw food and water welcomed by many families. But some fear the ethical implications.’

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The Guardian, 12th December 2018

Source: www.theguardian.com

Recent Statutory Instruments

Posted December 11th, 2018 in legislation by tracey

The Short Selling (Amendment) (EU Exit) Regulations 2018

The Central Securities Depositories (Amendment) (EU Exit) Regulations 2018

The Trade Repositories (Amendment and Transitional Provision) (EU Exit) Regulations 2018

Source: www.legislation.gov.uk

High Court to scrutinise restrictions on areas where P has capacity – Doughty Street Chambers

Posted December 11th, 2018 in autism, consent, Court of Protection, families, learning difficulties, news by sally

‘Mr Justice Hayden has handed down a judgment concerning LC, a young woman with autism and significant learning disabilities. During the course of proceedings which had lasted five years LC was assessed as having capacity to consent to sexual relations, marry, and make decisions about contraception; but to lack the capacity to make other decisions such as to conduct the proceedings, make decisions about her residence and about her contact with men. As a facet of LC’s autism she was preoccupied with seeking out sexual encounters and a care plan was formulated which permitted LC to have unsupervised contact with others. As the judge observed with “the enormous benefit of hindsight” this led to LC’s safety and dignity being compromised and placed an intolerable burden on those supervising her. The plan attracted significant public criticism. LC now resides in a care home but is able to spend time with her husband. In a sensitive judgment Hayden J endorsed LC’s treatment plan and directed a report from a female clinical psychologist, noting the obligation under the Mental Capacity Act to take steps to promote decision making capacity.’

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Doughty Street Chambers, 6th November 2018

Source: insights.doughtystreet.co.uk

Where are we now with the Criminal Finance Act 2017 – The New Tax Evasion Offence – Drystone Chambers

Posted December 11th, 2018 in financial regulation, news, tax evasion by sally

‘The Criminal Finance Act 2017 introduced two new offences: some eighteen months on I consider below how it is being used. The offences were first mooted after the panama papers scandal, prompted by the then Prime Minister’s involvement in it. Due to this the offences were considered to be largely politically motivated and the practicalities of using them were not really considered. In my view they will very rarely be used, if at all, but that does not mean that companies do not have to monitor the measures they have put in place to comply with the legislation. The majority of prosecutions are going to come from self disclosures or whistle blowers, if at all.’

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Drystone Chambers, November 2018

Source: drystone.com

Red line crossed? The Withdrawal Agreement’s arbitration clause – 4 New Square

‘Ending the jurisdiction of the CJEU over the UK is one of the highest-profile ‘red lines’ drawn by Theresa May and emphasised since the Brexit vote in June 2016, under the mantra of “taking back control of our laws”. Since the notion of a two-year transition period was introduced into negotiations between the UK and the EU, it became clear to most that this red line would be crossed for this period at the very least. It may be that the draft Withdrawal Agreement’s arbitration clause is the escape mechanism by which the UK can avoid the jurisdiction of the CJEU and gain a political win, but it might represent a red line crossed for the CJEU itself.’

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4 New Square, 22nd November 2018

Source: www.4newsquare.com