Claimant loses 15% of costs for “engrained” exaggeration – Litigation Futures

Posted May 14th, 2020 in costs, news, part 36 offers, personal injuries by sally

‘The High Court has cut a costs award to a seriously injured claimant because exaggeration was “built into the structure” of the way the claim was presented before and during the trial.’

Full Story

Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

Skegness woman jailed for boiling water attacks on husband – BBC News

Posted May 14th, 2020 in assault, domestic violence, news, sentencing by sally

‘A woman who threw boiling water over her husband, leaving him scarred for life, has been jailed for two years.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk

Interim injunctions against persons unknown – Law Society’s Gazette

Posted May 14th, 2020 in anonymity, injunctions, local government, news, travellers by sally

‘As George Harrison once sang: ‘All things must pass.’ So while protesters, trespassers and others may now be quietly isolated (keyboard activism apart), normal life will eventually resume – and with it will come the need to restrain any unlawful or other anti-social behaviour.’

Full Story

Law Society's Gazette, 11th May 2020

Source: www.lawgazette.co.uk

Is Criminal Justice Under Lockdown Remotely Possible? – Transparency Project

‘Nothing better represents our idea of justice being not only done but seen to be done than the spectacle of trial by jury in the Crown Court. The arrangement of the physical space of the courtroom, the royal coat of arms behind the raised bench where the judge sits, robed and wigged, representing the majesty of the law; the dock where the captive defendant awaits the verdict of his or her “peers”, in the time-honoured words of Magna Carta; and those peers themselves, a dozen ordinary citizens doing their civic duty as jurors, ranged along one side in their jury box. Advocates, robed and wigged, take turns to present and test the case for the prosecution and the defence; witnesses are called and sworn to tell the truth, the whole truth and nothing but the truth (subject to the rules of evidence); and all of this may be watched by the public and reported by the press.’

Full Story

Transparency Project, 11th May 2020

Source: www.transparencyproject.org.uk

Welding company fined £450k over fatigued workers’ crash – BBC News

Posted May 14th, 2020 in accidents, fines, health & safety, news, road traffic by sally

‘A welding company has been fined £450,000 after two of its fatigued employees died in a car crash.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk

Government not doing enough to prevent crimes committed on probation – report – The Guardian

Posted May 14th, 2020 in crime prevention, news, probation by sally

‘The government and probation service are not doing enough to learn from mistakes that led to serious crimes being committed by offenders under supervision, including murder, rape and other violent offences, inspectors have said in a critical report.’

Full Story

The Guardian, 14th May 2020

Source: www.theguardian.com

Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project

Posted May 14th, 2020 in birth, children, gender, news, paternity, registrars, transgender persons by sally

‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’

Full Story

Transparency Project, 10th May 2020

Source: www.transparencyproject.org.uk

Coronavirus: What powers do the police have? – BBC News

Posted May 14th, 2020 in coronavirus, fines, holidays, news, police, regulations by sally

‘Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk

Leviathan Challenged — the lockdown is compliant with human rights law (Part Two) – UK Human Rights Blog

‘In this article, Dominic Ruck Keene and Henry Tufnell argue that the challengers to the legislation have not shown that the measures adopted by the Government are disproportionate in the circumstances of the pandemic.’

Full Story

UK Human Rights Blog, 11th May 2020

Source: ukhumanrightsblog.com

Bail in the time of COVID-19 – an update – The 36 Group

Posted May 14th, 2020 in bail, coronavirus, news by sally

‘Two new cases have been published since our last blog post on the issue of bail during the Corona Crisis. They are: Perry v USA (unreported) and Chelsea Football Club Ltd v Nichols [2020] EWHC 827 (QB).’

Full Story

The 36 Group, 23rd April 2020

Source: 36group.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 14th, 2020 in legislation by tracey

The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Novichok: family of Dawn Sturgess wins first stage of legal challenge – The Guardian

Posted May 14th, 2020 in coroners, inquests, judicial review, news, poisoning by sally

‘The family of Dawn Sturgess, who died in the Wiltshire novichok poisonings, has won the first stage of a legal challenge against a coroner’s decision to limit the scope of her inquest.’

Full Story

The Guardian, 13th May 2020

Source: www.theguardian.com

Disciplinary and Grievance Procedures During the Coronavirus Pandemic: Guidance from ACAS – Coronavirus Guidance for Lawyers and Businesses

‘ACAS has produced guidance on Disciplinary and grievance procedures during the coronavirus pandemic.’

Full Story

Coronavirus: Guidance for Lawyers and Businesses, 6th May 2020

Source: lawinthetimeofcorona.wordpress.com

BAILII: Recent Decisions

Posted May 14th, 2020 in law reports by tracey

Supreme Court

Adams, R. v (Northern Ireland) [2020] UKSC 19 (13 May 2020)

Court of Appeal (Civil Division)

Garrec & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2020] EWCA Civ 621 (12 May 2020)

High Court (Administrative Court)

Reilly v Teaching Regulation Agency & Anor [2020] EWHC 1188 (Admin) (13 May 2020)

Taranenco v Bucharest Secton 1 Court (Romania) [2020] EWHC 1198 (Admin) (13 May 2020)

The National Farmers Union & Anor, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1192 (Admin) (13 May 2020)

High Court (Chancery Division)

Yuzu Hair And Beauty Ltd & Anor v Selvathiraviam [2020] EWHC 1209 (Ch) (13 May 2020)

Fafalios & Ors v Apodiacos & Ors [2020] EWHC 1189 (Ch) (13 May 2020)

High Court (Commercial Court)

Plekhanov v Yanchenko [2020] EWHC 1201 (Comm) (13 May 2020)

High Court (Queen’s Bench Division)

Notting Hill Genesis v Ali [2020] EWHC 1194 (QB) (13 May 2020)

Jagger v Holland [2020] EWHC 1197 (QB) (12 May 2020)

Hankin v Barrington & Ors [2020] EWHC 1131 (QB) (07 May 2020)

Sube & Anor v News Group Newspapers Ltd & Anor [2020] EWHC 1125 (QB) (07 May 2020)

High Court (Technology and Construction Court)

Taylor Wimpey UK Ltd v Harron Homes Ltd [2020] EWHC 1190 (TCC) (13 May 2020)

Source: www.bailii.org

Anti-Asian hate crimes up 21% in UK during coronavirus crisis – The Guardian

‘Hate crime directed at south and east Asian communities has increased by 21% during the coronavirus crisis, ministers have told MPs.’

Full Story

The Guardian, 13th May 2020

Source: www.theguardian.com

National Crime Agency v Baker: Always Wear A Helmet When Cycling, Motorcycling or Jumping to Conclusions – The 36 Group

‘In National Crime Agency v Baker and Others [2020] EWHC 822 (Admin) the High Court discharged three Unexplained Wealth Orders (“UWOs”) and Interim Freezing Orders (“IFOs”) granted in respect of three properties on an ex parte application by the National Crime Agency (“NCA”).’

Full Story

The 36 Group, 4th May 2020

Source: 36group.co.uk

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

Full Story

3PB, May 2020

Source: www.3pb.co.uk

Judge denies bias in favour of former school friend – Litigation Futures

Posted May 13th, 2020 in bias, disclosure, insolvency, judges, news, recusal by sally

‘A judge has rejected a recusal application on the grounds of apparent bias, based on him being in the same class at school as the director of a defendant company more than 45 years ago.’

Full Story

Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer

‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’

Full Story

Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Gerry Adams wins appeal against Maze Prison escape convictions – BBC News

‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’

Full Story

BBC News, 13th May 2020

Source: www.bbc.co.uk