‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’
UK Human Rights Blog, 3rd December 2020
Source: ukhumanrightsblog.com
‘Things were different in 2010. If schools closed and households found themselves stuck indoors, or unable to travel abroad, it was due to snowstorms and erupting Icelandic volcanoes, not because of a pandemic. Moreover, if the then Prime Minister wished to dissolve Parliament, he did not need to adhere to the requirements of the Fixed-term Parliaments Act 2011, which fixed parliamentary terms to five years, allowing for early parliamentary general elections either following a vote of two-thirds of the House of Commons in favour of an early parliamentary general election, or following a vote of no confidence. Instead, so the draft Fixed-term Parliaments Act 2011 (Repeal) Bill would have us believe, the Prime Minister could dissolve Parliament and instigate a new general election by use of a prerogative power, at a date of his choosing unchecked by the courts, subject only to ensuring Parliament did not exceed its maximum term of five years.’
UK Constitutional Law Association, 4th December 2020
Source: ukconstitutionallaw.org
‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
‘A former supreme court justice has called for urgent action in dealing with prisoners languishing under indefinite sentences, branding the now defunct scheme “the greatest single stain on our criminal justice system”.’
The Guardian, 3rd December 2020
Source: www.theguardian.com
‘In September 2020, the Employment Tribunal ruled in Taylor v Jaguar Land Rover Limited that the definition of gender reassignment under section 7 Equality Act 2010 (“EA 2010”) covers employees who identify as non-binary and gender fluid. The Claimant, Ms Taylor, successfully claimed direct discrimination, harassment and victimisation on the grounds of gender reassignment.’
Lamb Chambers, November 2020
Source: www.lambchambers.co.uk
‘Earlier this year Hilder J considered the question of whether a deputy can recover their costs from the protected person’s assets when they have instructed a legal firm with which they are associated. Amelia Walker discusses this judgment, which also outlines the limits of a deputy’s authority, with Rosalind English.’
Law Pod UK, 30th November 2020
Source: audioboom.com
‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’
Henderson Chambers, 19th November 2020
Source: www.hendersonchambers.co.uk
‘The present pandemic has resulted in a significant increase in the time it takes matters, especially civil claims, to get to court for a final hearing and those delays are only going to get longer so there has never been a better time to consider mediation as a quick, cheap and effective alternative to litigation and the Civil Mediation Council’s Fixed Fee Mediation scheme allows parties to benefit from a very economic tariff for relatively low-value claims (i.e. up to £50,000) using CMC-accredited civil mediators.’
Becket Chambers, 13th November 2020
Source: becket-chambers.co.uk
“‘A panel of leading lawyers has been set up to draft a legal definition of “ecocide” as a potential international crime that could sit alongside war crimes, genocide and crimes against humanity.’
Law Society's Gazette, 30th November 2020
Source: www.lawgazette.co.uk
‘Six non-lawyers have been banned from working for law firms for a range of offences, from faking signatures and misusing season ticket loans to fabricating a client’s will to name themselves as a beneficiary.’
Legal Futures, 1st December 2020
Source: www.legalfutures.co.uk
‘A legal challenge is being launched to halt government plans for a two-mile tunnel under Stonehenge that will cut through a world heritage site.’
The Guardian, 30th November 2020
Source: www.theguardian.com
‘A man who dragged a police officer along the ground as he held the car door and punched another in the head has been jailed.’
BBC News, 30th November 2020
Source: www.bbc.co.uk
‘Although suicide was decriminalised more than 60 years ago, it was still always necessary to meet the criminal standard of proof when reaching a finding that someone had taken their own life. But this month, in a departure from this common understanding, the Supreme Court in R (Maughan) v HM Coroner for Oxfordshire [2020] UKSC 46 found that the ‘degree of conclusivity’ required was, in fact, the civil standard – the balance of probabilities.’
Law Society's Gazette, 30th November 2020
Source: www.lawgazette.co.uk
‘Ministers are being urged to finally implement legislation restricting the use of dangerous restraint practices against patients in mental health units two years after it was passed.’
The Guardian, 30th November 2020
Source: www.theguardian.com
‘[W]hen considering the legality of the lockdown it is relevant that the neither latest iteration of the Coronavirus Regulations, nor the previous version that imposed the earlier lockdown, in any way restrict the Article 9(1) right to hold a belief, or choices made regarding personal behaviour outside the context of places of worship.’
UK Human Rights Blog, 30th November 2020
Source: ukhumanrightsblog.com
‘A man has admitted killing a 12-year-old boy in a hit-and-run near a school.’
BBC News, 30th November 2020
Source: www.bbc.co.uk
‘The first reported occasion on which the courts have had to consider whether prospective adopters gave notice of their wish to return the child highlights the need for early legal advice, the Court of Appeal has said.’
Local Government Lawyer, 30th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The family of a prisoner who killed himself after being handed a controversial “never-ending” sentence has received damages from the government in an out-of-court settlement, the Guardian has learned.’
The Guardian, 30th November 2020
Source: www.theguardian.com
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