04/01/2022 – Current Awareness

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

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Nearly Legal, 3rd January 2022

Source: nearlylegal.co.uk

Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline – UK Constitutional Law Association

Posted January 4th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, although this was to be delayed until after the referendum on EU membership. The Government has now, however, confirmed that the UK will not leave the ECHR.

In December 2020 the Government announced it was setting up an Independent Human Rights Act Review chaired by Sir Peter Gross, the former Lord Justice of Appeal. On 16 December 2021 the Review published its final report. On the same day the Deputy Prime Minister and new Justice Minister, Dominic Raab, announced a packet of proposals to launch a new British Bill of Rights.

The impact of these proposals will be profound. In this article I shall outline what the proposals will involve. I shall next assess the impact of those proposals.’

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UK Constitutional Law Association , 4th January 2022

Source: ukconstitutionallaw.org

Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog

Posted January 4th, 2022 in coroners, hospitals, human rights, inquests, mental health, news by tracey

‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’

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UK Human Rights Blog, 4th January 2022

Source: ukhumanrightsblog.com

Council fined £300k after dog walker hit by tree on public footpath – Local Government Lawyer

Posted January 4th, 2022 in fines, footpaths, guilty pleas, health & safety, local government, news, trees by tracey

‘A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.’

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Local Government Lawyer, 29th December 2021

Source: www.localgovernmentlawyer.co.uk

Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

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Local Government Lawyer, 4th January 2022

Source: www.localgovernmentlawyer.co.uk

Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

Posted January 4th, 2022 in divorce, family courts, financial dispute resolution, news, privilege, third parties by tracey

‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’

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Legal Futures, 4th January 2022

Source: www.legalfutures.co.uk

Law Commission to review the trial process for sexual offences – Law Commission

Posted January 4th, 2022 in criminal procedure, evidence, Law Commission, news, rape, sexual offences by tracey

‘The Law Commission has today [17 December 2021] launched a project to review how evidence is used in prosecutions of sexual offences, and to counter misconceptions about sexual harm (“rape myths”).’

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Law Commission, 17th December 2021

Source: www.lawcom.gov.uk

English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

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Law Society's Gazette, 29th December 2021

Source: www.lawgazette.co.uk

Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

Posted January 4th, 2022 in deportation, detention, false imprisonment, government departments, HIV, immigration, judicial review, medical treatment, news by tracey

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

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The Independent, 1st January 2022

Source: www.independent.co.uk

Driver caught distracted behind wheel nine times in four years – The Independent

Posted January 4th, 2022 in driving without due care & attention, news, recidivists, road traffic offences by tracey

‘A driver was caught distracted behind the wheel nine times in the last four years, an investigation has found. The unidentified person was one of 932 British drivers convicted of the offence more than once in the same time period, according to Driver and Vehicle Licensing Agency (DVLA) figures obtained by the PA news agency.’

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The Independent, 3rd January 2022

Source: www.independent.co.uk

Pardons extended to all abolished same-sex crimes – BBC News

Posted January 4th, 2022 in homosexuality, news, pardons, sexual offences by tracey

‘More people will be eligible for a pardon for historical criminal convictions relating to homosexual activity, the government has said.’

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BBC News, 4th January 2022

Source: www.bbc.co.uk