Statutory Instruments –

Posted July 18th, 2019 in legislation by tracey

The Food and Feed Hygiene and Safety (Amendment No.2) (Northern Ireland) (EU Exit) Regulations 2019

The Neighbourhood Planning Act 2017 (Commencement No. 6) Regulations 2019

The Environment and Rural Affairs (Amendment) (EU Exit) Regulations 2019

The Vehicle Excise Duty (Taxi Capable of Zero Emissions) Regulations 2019

The Protection of Wrecks (Designation) (England) Order 2019

The Private Security Industry Act 2001 (Licences) (Amendment) Regulations 2019

The Child Support (Miscellaneous Amendments) Regulations 2019

The Persistent Organic Pollutants (Various Amendments) Regulations 2019

The Designation of Schools Having a Religious Character (England) Order 2019

The Coroners and Justice Act 2009 (Commencement No. 20) Order 2019

The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019

The Animal Welfare (Licensing of Activities Involving Animals) (England) (Amendment) Regulations 2019

The Safety of Sports Grounds (Designation) (Amendment) Order 2019

The Electricity Capacity (No. 2) Regulations 2019

The Bank of England and Financial Services Act 2016 (Commencement No. 6 and Transitional Provisions) Regulations 2019

The Social Security (Scotland) Act 2018 (Funeral Expense Assistance and Early Years Assistance) (Consequential Modifications and Savings) Order 2019

The European Union (Withdrawal) Act 2018 (Commencement No. 3) Regulations 2019

The Plant Health (Forestry) (Amendment) (England) Order 2019

The Plant Health (England) (Amendment) Order 2019

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2019

The Social Fund (Children’s Funeral Fund for England) Regulations 2019


New Acts –

Posted July 18th, 2019 in genocide, legislation by tracey

Non-Domestic Rating (Preparation for Digital Services) Act 2019

Holocaust (Return of Cultural Objects) (Amendment) Act 2019


BAILII: Recent Decisions

Posted July 18th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

West v Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (17 July 2019)

Langford v The Secretary of State for Defence [2019] EWCA Civ 1271 (17 July 2019)

MAB (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 1253 (17 July 2019)

F (A Child) (Fact-Finding Appeal), Re [2019] EWCA Civ 1244 (16 July 2019)

Sanusi v The General Medical Council [2019] EWCA Civ 1172 (16 July 2019)

Court of Appeal (Criminal Division)

Roberts, R v [2019] EWCA Crim 1270 (17 July 2019)

High Court (Commercial Court)

Skymist Holdings Ltd v Grandlane Developments Ltd [2019] EWHC 1834 (Comm) (12 July 2019)

Islamic Republic of Pakistan & Anor v Broadsheet LLC [2019] EWHC 1832 (Comm) (12 July 2019)

Bridgehouse (Bradford No.2) v BAE Systems Plc [2019] EWHC 1768 (Comm) (11 July 2019)

Mohamed v Breish & Ors [2019] EWHC 1765 (Comm) (10 July 2019)

N v The Royal Bank of Scotland Plc [2019] EWHC 1770 (Comm) (08 July 2019)

Hotel Portfolio II UK Ltd v SMA Investment Holdings Ltd & Ors [2019] EWHC 1754 (Comm) (05 July 2019)

UCP Plc v Nectrus Ltd [2019] EWHC 1732 (Comm) (05 July 2019)

LIC Telecommunications SARL & Anor v VTB Capital Plc & Ors [2019] EWHC 1747 (Comm) (05 July 2019)

ED&F Man Capital Markets Ltd v Come Harvest Holdings Ltd & Ors [2019] EWHC 1661 (Comm) (04 July 2019)

Stati & Ors v The Republic of Kazakhstan [2019] EWHC 1715 (Comm) (02 July 2019)

High Court (Family Division)

H v W [2019] EWHC 1897 (Fam) (17 July 2019)

High Court (Patents Court)

Conversant Wireless Licensing SARL v Huawei Technologies Co., Ltd & Ors [2019] EWHC 1687 (Pat) (04 July 2019)

High Court (Queen’s Bench Division)

AB v Mid Cheshire Hospitals NHS Foundation Trust [2019] EWHC 1889 (QB) (16 July 2019)

WCC v Steer [2019] EWHC 1874 (QB) (15 July 2019)

Alvarez v Moor & Anor [2019] EWHC 1774 (QB) (15 July 2019)

Osagie v Serco Ltd & Ors [2019] EWHC 1803 (QB) (11 July 2019)

HM Attorney General v Yaxley-Lennon (Rev 1) [2019] EWHC 1791 (QB) (09 July 2019)

Jamous v Mercouris [2019] EWHC 1746 (QB) (05 July 2019)

Morgan v Times Newspapers Ltd [2019] EWHC 1525 (QB) (02 July 2019)


Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by tracey

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

Full Story

UK Constitutional Law Association, 18th July 2019


Justice secretary urges evidence-led approach to cut crime – Ministry of Justice

‘Justice Secretary David Gauke today called for an “evidence-led” approach to tackling reoffending in order to crack down on crime and reduce the number of victims.’

Full press release

Ministry of Justice, 18th July 2019


Code aims to improve standard of private prosecutions – Law Society’s Gazette

Posted July 18th, 2019 in codes of practice, news, private prosecutions, solicitors, standards by tracey

‘Lawyers advising clients in the controversial area of private prosecutions have published a code that aims to improve the standard of prosecutions and increase judicial understanding of the process.’

Full Story

Law Society's Gazette, 18th July 2019


Woman must have chemotherapy despite wanting to die, judge rules – The Independent

Posted July 18th, 2019 in cancer, consent, Court of Protection, medical treatment, news by tracey

‘A woman with a brain tumour should have chemotherapy despite “wanting to die”, a judge has decided.’

Full Story

The Independent, 17th July 2019


House of Lords passes amendment to help prevent no-deal Brexit – The Guardian

Posted July 18th, 2019 in bills, brexit, EC law, news, Northern Ireland, parliament, prorogation by tracey

‘Bill could make it illegal for a Boris Johnson administration to prorogue parliament.’

Full Story

The Guardian, 17th July 2019


Home Office used ‘confused, misleading, incomplete and unsafe’ evidence to revoke visas of tens of thousands of international students, report finds – The Independent

‘Tens of thousands of international students had their visas revoked after the Home Office used “confused, misleading, incomplete and unsafe” evidence, MPs have said. The department ignored expert advice and relied on “dodgy” evidence when it accused almost 34,000 students of cheating in English language tests in 2015, according to a new report published by the all-party parliamentary group (APPG) on the Test of English for International Communication (Toeic).’

Full Story

The Independent, 18th July 2019


Govia Thameslink fined £1m over Gatwick Express window death – BBC News

Posted July 18th, 2019 in accidents, corporate manslaughter, fines, health & safety, news, railways by tracey

‘A rail firm has been fined £1m after a man died leaning out of a train window. Simon Brown, 24, was killed when he hit his head on a steel gantry on the side of the track while on the Gatwick Express in London in August 2016. In May, Govia Thameslink Railway admitted a health and safety breach because a sign saying not to lean out was not displayed clearly enough.’

Full Story

BBC News, 17th July 2019


Manchester Arena bomber’s brother held in UK after extradition – The Guardian

‘The brother of the Manchester Arena attacker, Salman Abedi, has been extradited from Libya to the UK to face multiple murder charges over his alleged role in the attack.’

Full Story

The Guardian, 17th July 2019


Woman wins right to late partner’s military pension in landmark ruling – BBC News

‘A woman has won the right to her late partner’s military pension in a landmark ruling for unmarried couples.’

Full Story

BBC News, 17th July 2019