EPA prosecution costs – Nearly Legal
‘A judicial review of a Magistrates Court decision on costs in a section 82 Environmental Protection Act 1990 prosecution.’
Nearly Legal, 18th April 2022
Source: nearlylegal.co.uk
Author: sally
Tetyana Krupiy: The Modern Bill of Rights creates barriers to challenging algorithmic decisions – UK Constitutional Law Association
‘Challenging inaccurate decisions of public authorities which fundamentally impact the life of the British public, could soon be harder. The UK government plans to replace the Human Rights Act 1998 with a Modern Bill of Rights. Its package of law reform proposals will make it very hard, and in some cases impossible, for individuals to challenge decisions produced by the operation of artificial intelligence decision-making processes in court. While individuals who experience discrimination in their daily lives will be particularly affected, all individuals will face barriers to accessing justice. This development is important in light of the fact that the UK government formulated a strategic priority in 2017 to create conditions for the growth of the artificial intelligence industry in the United Kingdom. As a follow up the UK government set up the Government Digital Service and the Office for Artificial Intelligence in 2019 in order to inform public authorities about how they can embed artificial intelligence technology into the provision of public services. This suggests that public authorities will make increasing reliance on the employment of artificial intelligence decision-making processes. The Department for Work and Pensions (DWP) is already using artificial intelligence technology to detect which individuals are fraudulently claiming benefits.’
UK Constitutional Law Association, 19th April 2022
Source: ukconstitutionallaw.org
Outsourcing asylum seekers: the case of Rwanda and the UK – EIN Blog
‘UK Prime Minister Boris Johnson announced on April 14 2022 that Britain would relocate some asylum seekers arriving in the UK to Rwanda. The plan was condemned by the opposition as well as human rights groups such as Amnesty International. The UK has settled on Rwanda after earlier reports that it had been considering Albania and Ghana. In the light of the latest developments, Cristiano d’Orsi, an expert on the law and asylum seekers, provides insights into why Rwanda.’
EIN Blog, 14th April 2022
Source: www.ein.org.uk
Rape victims failed by UK criminal courts are being forced to seek justice elsewhere – The Guardian
‘With prosecutions at an all-time low, some women are turning to civil courts – but the process can be difficult and expensive.’
The Guardian, 19th April 2022
Source: www.theguardian.com
What’s the use of a property guardian? – Gatehouse Chambers
‘“What’s the use of a property guardian?” While that might be a potentially facetious question in the mouth of a person who has no experience of property guardians, it was also the question which was decided recently in the interesting Upper Tribunal (Lands Chamber) decision of Martin Rodger QC, Deputy Chamber President, in Global 100 Limited v Carlos Jimenez & Ors [2022] UKUT 50 (LC). In that case, however, the question was not facetious but, rather, a serious legal one which determined the outcome of the dispute.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
BBC blocked from naming alleged MI5 informant accused of abusing women – The Guardian
‘The BBC has been banned from identifying a “dangerous extremist and misogynist” who is allegedly an MI5 informant, after a high court judge granted an injunction.’
The Guardian, 7th April 2022
Source: www.theguardian.com
Case summary: Lee Hudson v Jayne Hathway [2022] EWHC 631 (QB) – Gatehouse Chambers
‘Ms Hathway and Mr Hudson started a relationship in 1990. They had two children but did not marry. They bought a family home in joint names, with no declaration of trusts. Both worked, but Mr Hudson substantially paid the mortgage; the amount he contributed exceeded Ms Hathway’s contributions. The parties separated.’
Gatehouse Chambers, 30th March 2022
Source: gatehouselaw.co.uk
Breach of injunction preventing works on woodland site sees landowner receive jail sentence – Local Government Lawyer
‘A landowner in Kent has been given a custodial term of eight months imprisonment, with two months immediate custody and six suspended for 18 months, for breaching an injunction against works on an ancient woodland site.’
Local Government Lawyer, 6th April 2022
Source: www.localgovernmentlawyer.co.uk
Judge’s ruling due on legal challenge against Holocaust memorial site – The Independent
‘Campaigners are due to learn whether or not they have won a High Court challenge over plans to build a national Holocaust memorial next to the Houses of Parliament.’
The Independent, 7th April 2022
Source: www.independent.co.uk
High Court dismisses neighbourhood plan challenge (R (Park Lane Homes (South East) Limited) v Rother District Council) – No. 5 Chambers
‘The claimant developer challenged the decision of a local planning authority to accept the recommendations of the Examiner into a draft neighbourhood development plan and to proceed to a neighbourhood planning referendum. Among the issues were whether national policy and guidance required a neighbourhood plan to allocate sites for housing to meet a strategic requirement in the development plan and the requirements of procedural fairness during the neighourhood plan-making process. The High Court dismissed the claim. Written by Howard Leithead, barrister at No5 Barristers’ Chambers.’
No. 5 Chambers, 4th April 2022
Source: www.no5.com
High Court judge refuses to block trip by vulnerable adult abroad but urges her not to go – Local Government Lawyer
‘A young adult with a lifelong serious mental illness should not be prevented from visiting a man in Brazil suspected of grooming her, but should very carefully consider the wisdom of doing so, a Deputy High Court judge has said.’
Local Government Lawyer, 7th April 2022
Source: www.localgovernmentlawyer.co.uk
Testamentary Capacity: Hughes v Pritchard in the Court of Appeal – St John’s Buildings
‘In Hughes v Pritchard and others [2022] EWCA Civ 386, the Court of Appeal overturned the decision of the trial judge in a probate claim (see Hughes v Pritchard and others [2021] EWHC 1580 (Ch)) that a testator lacked testamentary capacity, concluding that the judge’s findings on that subject were “not open to him on the evidence”.’
St John's Buildings, 4th April 2022
Source: stjohnsbuildings.com
Article by Jonathan Lewis – Non-party disclosure orders in judicial review proceedings (R (AB) v Secretary of State for Health and Social Care) – Henderson Chambers
‘Two children sought permission to judicially review various decisions made by the Secretary of State for Health and Social Care relating to provision of coronavirus (COVID-19) vaccines to children. To pursue their claim, they sought disclosure of various statistics from the Office for National Statistics (the ONS). As the ONS was not a party to proceedings, they made an application under CPR 31.17 for disclosure. Mr Justice Swift dismissed that application on the basis that the information sought was not necessary for the fair determination of the questions of law raised by the pleaded case.’
Henderson Chambers, 31st March 2022
Source: www.hendersonchambers.co.uk
Female black and Asian prisoners detail racism endured in landmark report – The Independent
‘Black and Asian women in prison are experiencing racial discrimination at the hands of staff members, a damning new report has found.’
The Independent, 8th April 2022
Source: www.independent.co.uk
Police failed woman who killed herself in Blackburn cell, inquest finds – The Guardian
‘Police officers failed a vulnerable and suicidal woman after arresting her and putting her in a police cell where she killed herself, an inquest jury has found.’
The Guardian, 7th April 2022
Source: www.theguardian.com
Family Law Newsletter #57 – Spire Barristers
‘Issue #57 of Spire Barristers’ Family Law Newsletter: edited by Gemma Carr and Georgina Dalton; news and Case Reviews by Eleanor Suthern.’
Spire Barristers, 31st March 2022
Source: spirebarristers.co.uk
Warburton v. Chief Constable of Northamptonshire Police: Applying the Statutory Test – Easier Said Than Done – Littleton Chambers
‘The Claimant’s case centred primarily around an allegation that he had been victimised, contrary to s.27 Equality Act 2010. His contention was that the Respondent police force had refused his application to become a police officer because he had outstanding Employment Tribunal proceedings alleging discrimination against another police force. Those proceedings were a protected act.’
Littleton Chambers, 21st March 2022
Source: littletonchambers.com
