Lady Hallett to chair spring public inquiry into Covid pandemic – The Guardian

Posted December 16th, 2021 in coronavirus, inquiries, judges, news by sally

‘Lady Hallett, a former senior appeal court judge, has been appointed to chair the public inquiry into the Covid pandemic.’

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The Guardian, 15th December 2021

Source: www.theguardian.com

Covid: Family of woman lose appeal against end-of-life ruling – BBC News

Posted December 16th, 2021 in appeals, coronavirus, families, medical treatment, news by sally

‘Relatives of a woman left brain-damaged and paralysed after contracting Covid-19 have lost an appeal against a ruling that she should be allowed to die.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

Katie Price drink-driving crash: Star given suspended jail term – BBC News

‘A judge told TV personality Katie Price she was lucky to avoid prison at her sentencing for a drink-driving crash.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

Man jailed after being filmed beating own pet Labrador with mallet – The Independent

Posted December 16th, 2021 in animal cruelty, news, sentencing, video recordings by sally

‘A man has been jailed for 26 weeks after he was filmed beating his golden Labrador with a mallet in his backyard.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

Statutory Instruments – legislation.gov.uk

Posted December 16th, 2021 in legislation by tracey

SI 2021/1449 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 25) Regulations 2021

SI 2021/1440 – The Agricultural Holdings (Units of Production) (England) (No. 2) Order 2021

SI 2021/1436 – The Registration of Births and Deaths (Amendment) (England and Wales) Regulations 2021

SI 2021/1427 – The Misuse of Drugs (Amendment) (England, Wales and Scotland) Regulations 2021

SI 2021/1450 – The Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2021

SI 2021/1446 – The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2021

SI 2021/1437 – The Civil Aviation (Customs and Excise Airports) Order 2021

SI 2021/1429 – The Sea Fisheries (Amendment etc.) (No. 2) Regulations 2021

SI 2021/1426 – The Regulatory Enforcement and Sanctions Act 2008 (Amendment to Schedule 3) (England) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 16th, 2021 in law reports by tracey

Supreme Court

Elan-Cane, R (on the application of) v Secretary of State for the Home Department [2021] UKSC 56 (15 December 2021)

McQuillan, McGuigan and McKenna, Re Application for Judicial Review [2021] UKSC 55 (15 December 2021)

Court of Appeal (Civil Division)

Splitt Chartering APS & Ors v Saga Shipholding Norway AS & Ors [2021] EWCA Civ 1880 (15 December 2021)

Austin v Haynes [2021] EWCA Civ 1919 (15 December 2021)

CDE v NOP [2021] EWCA Civ 1908 (14 December 2021)

High Court (Administrative Court)

London Borough of Hillingdon, R (On the Application Of) v Mayor of London [2021] EWHC 3387 (Admin) (15 December 2021)

The Police Superintendents’ Association, R (On the Application Of) v HM Treasury [2021] EWHC 3389 (Admin) (15 December 2021)

High Court (Chancery Division)

Webster v Penley & Anor [2021] EWHC 3386 (Ch) (15 December 2021)

High Court (Commercial Court)

Sodzawiczny v McNally [2021] EWHC 3384 (Comm) (15 December 2021)

High Court (Queen’s Bench Division)

Mahmood v The Big Bus Company [2021] EWHC 3395 (QB) (15 December 2021)

National Highways Ltd v Buse & Ors [2021] EWHC 3404 (QB) (15 December 2021)

Source: www.bailii.org

Vicarious liability for sexual abuse again: Hugh Kennedy – Law & Religion UK

Posted December 16th, 2021 in clergy, news, Scotland, sexual offences, teachers, trusts, vicarious liability by sally

‘In Hugh Kennedy against (First) The Right Reverend Paul Bonnici, (Second) The Right Reverend James Warren Cuthbert Madden and (Third) Denis Alexander [2021] ScotCS CSOH 106, the pursuer brought an action for personal injury as a consequence of alleged sexual and physical abuse which, he averred, he had suffered while he was a boarder in the mid-1970s at Fort Augustus Boarding School. The school, which was run by a Benedictine community, had closed nearly 30 years ago, the trust associated with the community’s Abbey had been wound up some ten years ago and the then trustees may have been discharged. The trustees at the material time were all dead. The pursuer averred that, nevertheless, the then trustees had held indemnity insurance in respect of his claim and he sued the two surviving trustees for the purposes of meeting his claim from the trust estate comprised of the (presumed) right of indemnity under that insurance [1]. He claimed that the third defender, Denis Alexander, a monk and teacher at the school, had been his principal abuser and that he had also been abused by two lay teachers, both now dead [2]. In July 2021, Alexander had been convicted inter alia of lewd and libidinous conduct against the pursuer [4] and sentenced to four years and five months imprisonment.’

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Law & Religion UK, 14th December 2021

Source: lawandreligionuk.com

David Fuller jailed for murder of two women and abuse of over 100 corpses – The Guardian

Posted December 16th, 2021 in guilty pleas, hospitals, murder, news, sentencing by sally

‘A man who murdered two women then used a hospital job to prey like a “vulture” on more than 100 dead women in a mortuary, whose bodies he sexually assaulted, has been told by a judge he will die in jail.’

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The Guardian, 15th December 2021

Source: www.theguardian.com

Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence – UK Constitutional Law Association

Posted December 16th, 2021 in agreements, brexit, EC law, international relations, markets, news by sally

‘This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence be legally disciplined by a strong version of the mutual recognition principle or insulated from such forces? As I explained in a contribution to this blog a year ago, a partial answer can be found in Sections 10(2) and 18(3) of the Act which allows the Secretary of State, by regulations, to amend Schedule 1 (goods) and Schedule 2 (services) to exclude the outcome of a ‘common framework agreement’ from the scope of application of the market access principles. The aim of this new post is to consider how this power is likely to work in light of a written ministerial statement made on 9 December 2021 setting out the mechanism for its implementation.’

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UK Constitutional Law Association, 15th December 2021

Source: ukconstitutionallaw.org

Sentence increased for ex-boyfriend who threw acid in junior doctor’s face – The Independent

Posted December 16th, 2021 in appeals, grievous bodily harm, guilty pleas, news, sentencing by sally

‘A jealous ex-boyfriend who left a junior doctor with devastating injuries after hurling sulphuric acid in her face has had his jail sentence increased.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

New Judgment: R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56 – UKSC Blog

Posted December 16th, 2021 in gender, government departments, human rights, news, passports, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal concerning whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s policy does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights (“ECHR”).The policy in question holds that (i) an applicant for a passport must declare their gender/sex as being either male or female and (ii) a passport will only be issued bearing a male (“M”) or female (“F”) indicator in the gender/sex field on the face of the passport and will not be issued with an “unspecified” (“X”) gender marker.’

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UKSC Blog, 15th December 2021

Source: ukscblog.com

Grenfell Tower survivors say criminal charges are taking too long – BBC News

Posted December 16th, 2021 in delay, fire, health & safety, inquiries, news, prosecutions by sally

‘Survivors of the Grenfell Tower fire have demanded charges against those responsible for the disaster.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk