New Judgment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog

Posted April 6th, 2020 in appeals, cancer, damages, hospitals, negligence, news, pregnancy, Supreme Court, surrogacy by sally

‘The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotheraphy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was for surrogacy arrangements in California on a commercial basis. The present appeal concerned the damages payable for the loss of her ability to have her own child. The High Court had dismissed the claimant’s claim for commercial surrogacy in California as contrary to public policy, and held that surrogacy using donor eggs was not restorative of the claimant’s fertility but allowed damags for own-egg surrogacies in the UK. The Court of Appeal found in favour of the claimant. The hospital appealed to the Supreme Court.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

Carol Harlow: Windrush: Lessons learned or perhaps not? – UK Constitutional Law Association

‘On 19 March, screened by the draft Corona: Defence of the Realm Bill, the long awaited Windrush: Lessons Learned Report (hereafter Lessons Learned) was published. For those who have missed out on the considerable publicity generated by the Windrush Generation scandal, a short account is in order. The Windrush Generation broadly comprises Commonwealth citizens who have indefinite leave to remain in the UK or “settled status” on the basis of having settled in the UK before 1973 when the Commonwealth Immigration Act 1971 came into force, and not since 1988 having left the UK for more than two years. Many of these elderly British citizens were unable to prove their right to live here to the satisfaction of the Home Office (perhaps because they entered the country on a parent’s passport or had lost their papers in the ensuing forty-odd years since their arrival). These unfortunate “surprised Brits” were denied healthcare, welfare benefits, pensions, lost their settled housing and long-term jobs, were taken into detention and even deported. They had become victims of the so-called “hostile environment” policy, a set of measures introduced in 2012 by Theresa May when Home Secretary with a view to making life as difficult as possible in the UK for people with no legal status to encourage them to leave. The measures were defended at the time by Theresa May, then Home Secretary, and incorporated into the Immigration Act 2014.’

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UK Constitutional Law Association, 6th April 2020

Source: ukconstitutionallaw.org

Tribunal stays information rights cases for 28 days – Local Government Lawyer

‘The First-Tier Tribunal General Regulatory Chamber (Information Rights) has – with immediate effect – stayed for a period of 28 days all proceedings under section 48 of the Data Protection Act 1998, section 162 of the Data Protection Act 2018 and section 57 of the Freedom of Information Act 2000.’

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Local Government Lawyer, 3rd April 2020

Source: www.localgovernmentlawyer.co.uk

Why did government not use the Civil Contingencies Act? – Law Society’s Gazette

‘The Civil Contingencies Act 2004 (‘CCA’) represents a legal landmark. It updated and consolidated laws which enabled public authorities to prepare for, and respond effectively to, emergencies, replacing the Emergency Powers Act 1920 with a more comprehensive and consensual design. While it was motivated by domestic and global crises, it was not enacted in haste but benefited from a prolonged consultation period led by a special parliamentary joint committee. The final draft systematically furnished the executive with all conceivable powers, yet contained vital legal and parliamentary oversight to avert disproportionate action. The CCA addressed the widest range of possible eventualities: terrorist attacks, protests, environmental events – and human and animal disease pandemics. In other words, there already existed legislation designed to tackle the circumstances of coronavirus which indubitably qualifies as an emergency. Yet, rather than utilise this framework, the government has resorted to fresh legislation in the Coronavirus Act 2020. Why?’

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Law Society's Gazette, 2nd April 2020

Source: www.lawgazette.co.uk

The Coronavirus Act 2020: When Legislation Goes Viral (Part One) – UK Human Rights Blog

‘At this point, it is almost trite to say that we are living through unprecedented events. The global spread of the Coronavirus pandemic poses serious challenges to society. So far, the global death-toll has exceeded 21,000 and life as we know it in the UK has changed dramatically. In response to this crisis the Government has announced drastic measures in order to curb the spread of the virus and to support those who may be affected. Indeed, it seems that Cicero’s famous injunction to let the welfare of the people be the highest law has gained a new relevance in the age of COVID-19.’

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UK Human Rights Blog, 2nd April 2020

Source: ukhumanrightsblog.com

Blackpool rail delay compensation scammer jailed – BBC News

Posted April 6th, 2020 in compensation, delay, fraud, imprisonment, news, railways, sentencing by sally

‘A conman funded a “lavish lifestyle” that included trips to Las Vegas by scamming rail delay compensation schemes out of £40,000.’

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BBC News, 3rd April 2020

Source: www.bbc.co.uk

New Judgment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

‘In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. Barclays required job applicants to pass a pre-employment medical examination as part of its recruitment and employment procedures.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

Home Secretary may not detain on basis of invalid deportation decision – UK Human Rights Blog

‘In R (DN – Rwanda) v Secretary of State for the Home Department [2020] UKSC 7, the Supreme Court held that the Claimant was entitled to purse a claim for unlawful detention on the basis that the decision to detain for the purposes of deportation could not be separated from the decision to deport. Accordingly, if the decision to deport was unlawful, then so inevitably was the decision to detain.

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

Domestic abuse cases soar as lockdown takes its toll – The Guardian

‘More than 25 organisations helping domestic violence victims have reported an increase in their caseload since the start of the UK’s coronavirus epidemic.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

New Judgment: Aspen Underwriting Ltd & Ors v Credit Europe Bank NV; & anor case [2020] UKSC 11 – UKSC Blog

Posted April 6th, 2020 in appeals, banking, EC law, insurance, jurisdiction, news, Supreme Court by sally

‘The High Court of England and Wales does not have jurisdiction to hear claims to recover sums paid under a settlement agreement relating to the loss of an insured vessel.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

Lewis Graham: Life Sentences under the Convention: Law or Politics? – UK Constitutional Law Association

‘Sometimes cases stand for far more than their strict ratio decidendi. The High Court’s recent ruling in Hafeez v Secretary of State for the Home Department is a prime example of such a case. The facts are simple. The US sought from the UK the extradition of Mr Hafeez, the alleged leader of an international crime syndicate and so-called “Sultan of drugs”. Unsurprisingly, Mr Hafeez resisted that motion, claiming that were he to be extradited, he would in all likelihood be sentenced to life without parole in the US, which would breach his rights under the ECHR. The UK, he argued, would be complicit in breaching his rights were it to proceed with the extradition. The High Court was to determine whether this was in fact the case.’

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UK Constitutional Law Association, 3rd April 2020

Source: ukconstitutionallaw.org

HS2 wood clearance to go ahead as Chris Packham legal bid fails – The Guardian

Posted April 6th, 2020 in environmental protection, injunctions, judicial review, news, railways by sally

‘The clearing of ancient woods for HS2 is to proceed this month after the high court refused an emergency injunction and judicial review of the government’s decision to proceed with the high-speed railway.’

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The Guardian, 3rd April 2020

Source: www.theguardian.com

Up to 4,000 inmates to be temporarily released in England and Wales – The Guardian

‘As many as 4,000 prisoners in England and Wales are to be temporarily released from jail in an effort to try and control the spread of coronavirus, the government has announced.’

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The Guardian, 4th April 2020

Source: www.theguardian.com

New Judgment: Zipvit Ltd v Commissioners for Her Majesty’s Revenue and Customs [2020] UKSC 15 – UKSC Blog

‘The case concerned whether Zipvit, a trader selling vitamins and minerals by mail order, is entitled when accounting for VAT on its sales to make deductions of input VAT (the tax paid by the trader on goods and services purchased in connection with its business, as opposed to output VAT, which is the tax charged to the consumer by the trader on its goods or services) in respect of the price of postal services supplied to it by Royal Mail.’

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UKSC Blog, 1 April 2020

Source: ukscblog.com