Death of baby in Cheshire prison prompts investigation – The Guardian

Posted June 22nd, 2020 in birth, death in custody, news, pregnancy, prisons by sally

‘The prison service has launched an investigation following the death of a baby in prison, the Guardian has learned.’

Full Story

The Guardian, 19th June 2020

Source: www.theguardian.com

Claimant loses all costs after assessment misconduct – Litigation Futures

Posted June 22nd, 2020 in civil procedure rules, costs, fees, law firms, news, sanctions, solicitors by sally

‘A claimant has lost all of his remaining entitlement to costs because of misconduct during the assessment process.’

Full Story

Litigation Futures, 19th June 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 22nd, 2020 in legislation by tracey

The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) Regulations 2020

The Online Intermediation Services for Business Users (Enforcement) Regulations 2020

The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (No. 2) (Coronavirus) Regulations 2020

The General Chiropractic Council (Coronavirus) (Amendment) Rules Order of Council 2020

Source: www.legislation.gov.uk

Military mettle – Law Society’s Gazette

Posted June 22nd, 2020 in armed forces, coronavirus, legal profession, legal services, news by sally

‘ “Warfare no longer looks like a tank driving over a battlefield,” says the head of Army Legal Services. These days lawyers are on the frontline – in every sense.’

Full Story

Law Society's Gazette, 22nd June 2020

Source: www.lawgazette.co.uk

Pain-inducing restraint in child custody must be exception – MoJ review – The Guardian

‘Pain-inducing restraint techniques should only be used on children in custody as an “absolute exception” to save life or prevent serious harm, a long-awaited review has concluded, though it has stopped short of calling for an outright ban.’

Full Story

The Guardian, 19th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 22nd, 2020 in law reports by tracey

High Court (Chancery Division)

Advinia Care Homes Ltd v (1) BUPA Care Homes Investments (Holdings) Ltd & Ors [2020] EWHC 1563 (Ch) (19 June 2020)

Various Claimants v News Group Newspapers Ltd [2020] EWHC 1593 (Ch) (19 June 2020)

Univar UK Ltd v Smith & Ors [2020] EWHC 1596 (Ch) (19 June 2020)

High Court (Commercial Court)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v Spain (M/T “PRESTIGE”) [2020] EWHC 1582 (Comm) (18 June 2020)

High Court (Family Division)

Collen v Collen [2020] EWHC 1577 (Fam) (19 June 2020)

High Court (Queen’s Bench Division)

Winder v Director of Public Prosecutions [2020] EWHC 1600 (QB) (19 June 2020)

Balengani v Sharifpoor [2020] EWHC 1571 (QB) (19 June 2020)

Mercia Enterprises Ltd v Mistry [2020] EWHC 1597 (QB) (19 June 2020)

Source: www.bailii.org

Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer

‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’

Full Story

Local Government Lawyer, 19th June 2020

Source: www.localgovernmentlawyer.co.uk

Virtual hearings with physical jury hubs hailed a success – Law Society’s Gazette

Posted June 19th, 2020 in coronavirus, courts, juries, news, remote hearings, trials by sally

‘Virtual trials with physical jury hubs could be an effective way of clearing the significant Crown court backlog caused by Covid-19, academics evaluating the latest experiment from a legal thinktank have said.’

Full Story

Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk

Machine Learning in Healthcare: Regulating Transparency – UK Human Rights Blog

‘PHG, linked with Cambridge University, provides independent advice and evaluations of biomedical and digital innovations in healthcare. PHG has recently published a series of reports exploring the interpretability of machine learning in this context. The one I will focus on in this post is the report considering the requirements of the GDPR for machine learning in healthcare and medical research by way of transparency, interpretability, or explanation. Links to the other reports are given at the end of this post.’

Full Story

UK Human Rights Blog, 18th June 2020

Source: ukhumanrightsblog.com

Domestic abuse charities predict call spike post-lockdown – BBC News

Posted June 19th, 2020 in charities, coronavirus, domestic violence, freedom of movement, news, women by sally

‘Charities supporting victims of domestic abuse have said they expect an increase in people seeking safety as lockdown eases.’

Full Story

BBC News, 19th June 2020

Source: www.bbc.co.uk

BSB defends online exams after students raise discrimination concerns – Law Society’s Gazette

‘The Bar Standards Board has defended its decision to move exams online, saying “there was simply not enough time” to consult widely about the change. Students have claimed the computer-based assessments will discriminate against women, carers and disabled candidates.’

Full Story

Law Society's Gazette, 19th June 2020

Source: www.lawgazette.co.uk

Judge declines to consider judicial review bid over inclusion of ‘informative’ in CLEUD – Local Government Lawyer

Posted June 19th, 2020 in judicial review, local government, news, planning by sally

‘A High Court judge has declined to hear a judicial review application concerning the inclusion of an “informative” into a certificate of lawfulness of existing use or development (“a CLEUD”).’

Full Story

Local Government Lawyer, 18th June 2020

Source: www.localgovernmentlawyer.co.uk

UK police chiefs criticised for lack of action as race panel launched – The Guardian

Posted June 19th, 2020 in bias, equality, news, police, proportionality, race discrimination, racism by sally

‘An attempt by police chiefs to grapple with racism claims by launching a panel to recommend action has been criticised by victims’ representatives and met with scepticism from within their own ranks.’

Full Story

The Guardian, 18th June 2020

Source: www.theguardian.com

The Trecarrell Conundrum – Nearly Legal

Posted June 19th, 2020 in appeals, health & safety, housing, landlord & tenant, news, notification by sally

‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’

Full Story

Nearly Legal, 18th June 2020

Source: nearlylegal.co.uk

296 days to correct a factual inaccuracy – effective press regulation? – Transparency Project

Posted June 19th, 2020 in communicating false information, complaints, delay, media, news, ombudsmen by sally

‘296 days ago, on 27 August 2019, the Daily Express published an inaccurate article in the print edition of their paper. Today they have published a correction because the regulator IPSO required this.’

Full Story

Transparency Project, 18th June 2020

Source: www.transparencyproject.org.uk

Racism and the Rule of Law – UK Human Rights Blog

Posted June 19th, 2020 in equality, human rights, news, police, race discrimination, racism, rule of law by sally

‘The Black Lives Matter movement illuminates an incontrovertible chasm in the application of the rule of law in liberal democracy. The basic premise of the rule of law, which in Joseph Raz’s conception is that it should be capable of guiding behaviour, includes the necessary restriction on crime-preventing agencies from perverting the law. A society in which those tasked with upholding and applying the law – under the powers of stop-and-search and arrest – are instead themselves regular perpetrators of racist discrimination and violence, is one in which the rule of law is at best a randomised hope that is more or less likely to be realised depending on the race of the citizen in question.’

Full Story

UK Human Rights Blog, June 2020

Source: ukhumanrightsblog.com

A spotlight on patent injunctions – Technology Law Update

Posted June 19th, 2020 in chambers articles, injunctions, intellectual property, news, patents by sally

‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’

Full Story

Technology Law Update, 18th June 2020

Source: www.technology-law-blog.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2020 in legislation by tracey

The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 19th, 2020 in law reports by tracey

Supreme Court

ABC v Principal Reporter & Anor (Scotland) [2020] UKSC 26 (18 June 2020)

Court of Appeal (Civil Division)

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 (18 June 2020)

High Court (Administrative Court)

Bibro v Regional Court In Tarn�w, Poland [2020] EWHC 1592 (Admin) (18 June 2020)

Ashbolt & Anor v Revenue & Customs & Anor [2020] EWHC 1588 (Admin) (18 June 2020)

High Court (Chancery Division)

Phoenix v Phoenix & Anor [2020] EWHC 1409 (Ch) (18 June 2020)

LIV Bridging Finance Ltd v EAD Solicitors LLB [2020] EWHC 1590 (Ch) (18 June 2020)

High Court (Commercial Court)

Sahara Energy Resource Led v Rahamaniyya Oil And Gas Ltd & Anor [2020] EWHC 1585 (Comm) (18 June 2020)

Alexander Brothers Ltd (Hong Kong SAR) v Alstom Transport SA & Anor [2020] EWHC 1584 (Comm) (18 June 2020)

High Court (Patents Court)

Evalve Inc & Ors v Edwards Lifesciences Ltd [2020] EWHC 1524 (Pat) (18 June 2020)

High Court (Technology and Construction Court)

Essex County Council v UBB Waste (Essex) Ltd [2020] EWHC 1581 (TCC) (18 June 2020)

Source: www.bailii.org

YouTuber jailed for Birmingham hospital bomb threat – BBC News

‘A YouTuber who filmed himself phoning a “truly despicable” bomb threat to a hospital dealing with Covid-19 patients has been jailed for 12 weeks.’

Full Story

BBC News, 18th June 2020

Source: www.bbc.co.uk