Blood products and Jehovah’s Witnesses: An NHS Trust v C NHS Trust & Ors – Law & Religion UK

Posted November 22nd, 2019 in blood products, children, consent, medical treatment, news by tracey

‘In An NHS Trust v C NHS Trust & Ors [2019] EWHC 3033 (Fam), CX, now fourteen, had been diagnosed with lymphatic cancer when he was three. He was treated successfully, but in 2019 his cancer returned [1]-[2]. As a result of the chemotherapy that he was to receive, it was likely that his blood counts would drop significantly and that he would need transfusions of blood products [5]. Both CX and his mother were Jehovah’s Witnesses: each was willing to consent to the proposed chemotherapy, stem cell harvesting and the return of the stem cells following chemotherapy, but would not consent to the administration of blood and/or blood products – which the doctors believed to be a necessary and integral part of CX’s recovery.’

Full Story

Law & Religion UK, 21st November 2019

Source: www.lawandreligionuk.com

Ruling flags risk facing data licensees – OUT-LAW.com

Posted November 22nd, 2019 in database right, licensing, news by tracey

‘A recent ruling highlights the need for businesses accessing data from third parties to make sure that their intended use of that data is covered by the licensing terms on which the data is being made available, an expert in intellectual property law has said.’

Full Story

OUT-LAW.com, 21st November 2019

Source: www.pinsentmasons.com

An appeal is not a form of gratuitous essay-marking exercise – Practical Law: Construction Blog

Posted November 22nd, 2019 in appeals, contracts, judgments, news, sale of land by tracey

‘The recent Court of Appeal judgment in Farrar v Rylatt should serve as a warning to practitioners of the uphill struggle that a party faces when attempting to appeal a trial judge’s findings of fact.’

Full Story

Practical Law: Construction Blog, 22nd November 2019

Source: constructionblog.practicallaw.com

BAILII: Recent Decisions

Posted November 22nd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Barton v Gwyn-Jones & Ors [2019] EWCA Civ 1999 (21 November 2019)

B (Secure Accommodation Order), Re (Rev 1) [2019] EWCA Civ 2025 (21 November 2019)

High Court (Administrative Court)

Wokingham Borough Council v Secretary of State for Housing, Communities And Local Government & Anor [2019] EWHC 3158 (Admin) (21 November 2019)

British Blind And Shutter Association, R (On the Application Of) v Secretary of State for Housing Communities And Local Government [2019] EWHC 3162 (Admin) (21 November 2019)

High Court (Commercial Court)

Lotus Cars Ltd v Marcassus Sport SARL [2019] EWHC 3128 (Comm) (21 November 2019)

Quinn Infrastructure Services Ltd v Sullivan & Os [2019] EWHC 2863 (Comm) (21 November 2019)

High Court (Family Division)

F v M (Appeal: Finding of Fact) [2019] EWHC 3177 (Fam) (21 November 2019)

High Court (Patents Court)

Excel-Eucan Ltd v Source Vagabond Systems Ltd [2019] EWHC 3175 (Pat) (21 November 2019)

High Court (Queen’s Bench Division)

Iraqi Civilians v Ministry of Defence [2019] EWHC 3088 (QB) (21 November 2019)

Rahmatullah & Anor v The Ministry Of Defence & Anor [2019] EWHC 3172 (QB) (21 November 2019)

Source: www.bailii.org

Vulnerable witnesses and parties in the Family Courts – Local Government Lawyer

Posted November 22nd, 2019 in children, disabled persons, family courts, mental health, news, witnesses by tracey

‘Natalie Cross summarises important guidance on the approach to be taken to vulnerable witnesses and parties in the Family Courts.’

Full Story

Local Government Lawyer, 22nd November 2019

Source: www.localgovernmentlawyer.co.uk

Law firm co-founder was not an employee, tribunal rules – Legal Futures

Posted November 22nd, 2019 in barristers, employment tribunals, law firms, news, unfair dismissal by tracey

‘One of the barrister founders of a pioneering legal aid firm in the North-East was not an employee or worker and so cannot bring unfair dismissal and other claims, an employment tribunal has ruled.’

Full Story

Legal Futures, 22nd November 2019

Source: www.legalfutures.co.uk

Sex offender jailed for the rape of 76-year-old woman – Crown Prosecution Service

Posted November 22nd, 2019 in elderly, news, rape, sentencing by tracey

‘A registered sex offender who raped a 76-year-old woman as she walked her dog has been jailed.’

Full Story

Crown Prosecution Service, 21st November 2019

Source: www.cps.gov.uk

Study restrictions ‘unlawfully imposed’ on university students – Law Society’s Gazette

Posted November 22nd, 2019 in asylum, bail, immigration, news, universities by tracey

‘TThe Home Office has agreed to review its immigration bail guidance, a law firm has said as it was preparing to challenge the government in court next week in a case concerning two asylum-seeking university students.’

Full Story

Law Society's Gazette, 21st November 2019

Source: www.lawgazette.co.uk

Shrewsbury maternity scandal: Hundreds of families whose babies died or have been left with brain damage in hospital to be contacted by trust – The Independent

Posted November 22nd, 2019 in birth, families, hospitals, midwives, news, pregnancy, reports by tracey

‘Hundreds of families whose babies died or have been left with brain damage after maternity care treatment at Shrewsbury and Telford Hospital Trust are now being informed they are part of a major investigation into the largest scandal of its type ever to hit the NHS, following a report by The Independent.’

Full Story

The Independent, 21st November 2019

Source: www.independent.co.uk

Justice Secretary in move to challenge release of killer who hid body – Daily Telegraph

Posted November 22nd, 2019 in murder, news, parole, victims by tracey

‘An urgent Ministry of Justice (MoJ) investigation has been launched after murderer Ian Simms was granted parole despite his refusal to reveal the whereabouts of the body of his victim Helen McCourt.’

Full Story

Daily Telegraph, 21st November 2019

Source: www.telegraph.co.uk

Universities braced for compensation claims as reveal plans to limit the impact of lecturers’ strikes – Daily Telegraph

Posted November 22nd, 2019 in compensation, industrial action, news, universities by tracey

‘Universities are braced for compensation claims as reveal their plans to limit the impact of lecturers’ strikes.’

Full Story

Daily Telegraph, 21st November 2019

Source: www.telegraph.co.uk

UK Government rescues British orphans of Isil fighters from Syria in first repatriation mission – Daily Telegraph

Posted November 22nd, 2019 in children, news, proscribed organisations, prosecutions, terrorism by tracey

‘British orphaned children of Islamic State fighters have been rescued from Syria, in the first evacuation by the UK Government of nationals stranded in the war-torn country following the fall of the “caliphate”.’

Full Story

Daily Telegraph, 21st November 2019

Source: www.telegraph.co.uk

UK defies UN deadline to return Chagos Islands – The Guardian

‘Refusal to return archipelago to Mauritius “lawless” and “reflects colonial mindset” says barrister.’

Full Story

The Guardian, 22nd November 2019

Source: www.theguardian.com

Helen McCourt murderer Ian Simms set for parole – BBC News

Posted November 21st, 2019 in murder, news, parole by tracey

‘The mother of a murder victim is “horrified” her daughter’s killer will be freed despite never revealing where her body is.’

Full Story

BBC News, 21st November 2019

Source: www.bbc.co.uk

Metal detectorists convicted of stealing £3million Viking hoard of coins and jewellery – Daily Telegraph

Posted November 21st, 2019 in artistic works, news, theft, treasure by tracey

‘Two metal detectorists have been convicted of stealing a £3 million Viking hoard of coins and jewellery – much of which is still missing.’

Full Story

Daily Telegraph, 21st November 2019

Source: www.telegraph.co.uk

Holocaust denial, hyperlinks and YouTube: Chabloz again – Law & Religion UK

‘Alison Chabloz was convicted in 2018 at Westminster Magistrates’ Court of three offences contrary to s.127(1) of the Communications Act 2003.

On appeal, in R v Alison Chabloz [2019] Southwark Crown Court 13 February, the issue was whether or not the three songs were “grossly offensive” [2]. She lost.

She then sought to appeal by way of case stated; however, following a hearing in May concerned with how the matter should proceed, the judge refused to state a case and indicated that the proper course was for her to seek permission for judicial review of the written ruling. No such application was ever formally made, although written grounds for judicial review were produced in September 2019. In Chabloz v Crown Prosecution Service [2019] EWHC 3094 (Admin), Coulson LJ sets out the rather confusing procedural history of the case at [2]-[5].

Full Story

Law & Religion UK, 20th November 2019

Source: www.lawandreligionuk.com

Supreme Court: community benefits not planning ‘material consideration’ – OUT-LAW.com

Posted November 21st, 2019 in appeals, interpretation, local government, news, planning, Supreme Court by tracey

‘Proposed donations to a community benefit fund from the proceeds of a new wind turbine could not be taken into account by a local authority when deciding whether to grant planning permission for the development, the Supreme Court has confirmed.’

Full Story

OUT-LAW.com, 20th November 2019

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 21st, 2019 in legislation by tracey

The Parliamentary Elections (Returning Officers’ Charges) (Amendment) Order 2019

Source: www.legislationg.gov.uk

BAILII: Recent Decisions

Posted November 21st, 2019 in law reports by tracey

Supreme Court

Wright, R (on the application of Wright) v Resilient Energy Severndale Ltd & Anor – [2019] UKSC 53 (20 November 2019)

Edwards v Hugh James Ford Simey Solicitors [2019] UKSC 54 (20 November 2019)

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v E3 & Anor [2019] EWCA Civ 2020 (21 November 2019)

Baci Bedfordshire Ltd, R (on the application of) v The Environment Agency & Anor [2019] EWCA Civ 1962 (19 November 2019)

High Court (Administrative Court)

Terra Services Ltd, R (On the Application Of) v The National Crime Agency & Ors [2019] EWHC 3165 (Admin) (21 November 2019)

London School of Science and Technology, R (on the application of) v Pearson Education Ltd [2019] EWHC 3129 (Admin) (20 November 2019)

Akbar, R (on the application of) v The Secretary of State for Justice [2019] EWHC 3123 (Admin) (20 November 2019)

High Court (Family Division)

P (Transgender Applicant for Declaration of Valid Marriage) [2019] EWHC 3105 (Fam) (20 November 2019)

Source: www.bailii.org

Good practice for lawyers towards litigants in person – Family Law

‘Despite there being a variety of reasons why someone may choose to represent themselves in the family courts – this decision isn’t an anomaly. Now only 20% of family court cases have both parties represented. It’s a trend we’ve seen grow in recent years.’

Full Story

Family Law, 19th November 2019

Source: www.familylaw.co.uk