36 Crime Criminal Updates – The 36 Group

Posted July 30th, 2020 in coronavirus, extradition, food hygiene, fraud, health & safety, news by sally

‘This summer Newsletter has, as always, a range of articles. For those of us who, just, knew a time before the dishonesty test in Ghosh, it is disturbing that it has been described as a wrong turn, and Arthur Kendrick analyses for us the consequences of the recent judgment of the Court of Appeal in Barton and Booth. The pandemic may be the result of the mis-handling of food sources, and Dharmendra Toor reflects on a decision from the early days of the pandemic that highlights the importance for us of the compliance with food safety regulations by food manufacturers, restaurants and supermarkets. Sally Hobson provides a helpful analysis and some guidance when dealing with cases following extradition to the UK for offences for which the individual was not specifically extradited. We are grateful to Mary Prior Q.C. for another summary of important and instructive cases recently decided across the broad range of practice and procedure in the criminal courts.’

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The 36 Group, July 2020

Source: 36group.co.uk

EP 121: Secondary Victim Claims update – Gideon Barth – Law Pod UK

Posted July 30th, 2020 in duty of care, hospitals, news, podcasts, psychiatric damage, third parties by sally

‘In Episode 119 Emma-Louise Fenelon speaks to Gideon Barth about secondary victim claims, and the recent case of Paul v Royal Wolverhampton NHS Trust.’

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Law Pod UK, 28th July 2020

Source: audioboom.com

Misuse of Private Information: A Tort in its Infancy – Pump Court Chambers

‘There has been an avalanche of commentary on the recent decision of the Supreme Court in WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12. The case has provided some welcome guidance on vicarious liability in the wake of the earlier decision of Mohamud v WM Morrison Supermarkets plc [2016] UKSC 11, and also represents the first class action of its kind in the UK.’

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Pump Court Chambers, 23rd July 2020

Source: www.pumpcourtchambers.com

‘It Wasn’t A Choice For Me’: The Gypsy, Roma And Traveller Campaigners Fighting Prejudice – Each Other

Posted July 30th, 2020 in children, minorities, news, racism, school exclusions, travellers by sally

‘“I was just sick of there being so many low expectations about Travellers,” said former teaching assistant Lisa Smith, on what set her on her path to campaign for the rights of the UK’s Gypsy, Roma and Traveller (GRT) children.’

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Each Other, 29th July 2020

Source: eachother.org.uk

Met Police ‘four times more likely’ to use force on black people – BBC News

Posted July 30th, 2020 in London, minorities, news, police, restraint, statistics by sally

‘Metropolitan Police officers are four times more likely to use force against black people compared with the white population, new figures have suggested.’

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BBC News, 30th July 2020

Source: www.bbc.co.uk

Cape v Dring: High Court clarifies the proper approach to applications by non-parties for access to documents referred to at trial under the inherent jurisdiction and open justice principle – Henderson Chambers

‘The Cape v Dring litigation concerns an attempt by a non-party to obtain copies of the trial bundle used during a six-week asbestos trial involving Cape which settled before judgment in early 2017. At first instance the Master granted the non-party permission to have copies of all documents, including the trial bundle of 5000 pages of disclosure, referred to at the trial. The Supreme Court confirmed in July 2019 that the non-party was entitled to written submissions, witness statements and expert reports under the inherent jurisdiction of the court, but remitted the question of what, if any, documents in the trial bundle the non-party should obtain to the original trial judge. On 16 July 2020 Picken J considered that question and held that Mr Dring was not entitled to receive any other documents.’

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Henderson Chambers, 17th July 2020

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Judges urged to quash Helen McCourt killer’s parole – BBC News

‘The mother of a 22-year-old insurance clerk murdered in 1988 has asked judges to quash a Parole Board decision to release her daughter’s killer.’

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BBC News, 29th July 2020

Source: www.bbc.co.uk

What is indirect discrimination and how to identify the right comparator? – Landmark Chambers

Posted July 30th, 2020 in EC law, equality, lectures, news by sally

‘Legal prohibitions on discrimination based upon certain characteristics have been part of UK domestic law for decades. The Foreword to the seminal book Monaghan on Equality Law started as follows:

“Equality”, wrote Rabinder Singh QC (as he then was) some time ago, is the “neglected virtue”. But it is not neglected now. At long last, we have the Equality Act 2010, which brings together the many separate laws against discrimination and tries to make them into a coherent whole. That is easier said than done. If equality is indeed a virtue, then it is a very complicated one.’

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Landmark Chambers, July 2020

Source: www.landmarkchambers.co.uk

CPS unveils five-year blueprint to boost rape convictions – The Guardian

Posted July 30th, 2020 in Crown Prosecution Service, news, prosecutions, rape, victims by sally

‘The Crown Prosecution Service has launched a new strategy to tackle tumbling rates of charging and prosecution for rape, following sustained criticism that the service is failing victims of sexual assault.’

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The Guardian, 30th July 2020

Source: www.theguardian.com

Andrew Bunting -v- Zurich Insurance Plc [2020] EWHC 1807 (QB): Case Comment – 12 King’s Bench Walk

Posted July 28th, 2020 in accidents, damages, deposits, insurance, news, road traffic by sally

‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’

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12 King's Bench Walk, 24th July 2020

Source: www.12kbw.co.uk

My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers

Posted July 28th, 2020 in child arrangements orders, children, divorce, family courts, news by sally

‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’

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Becket Chambers, 22nd July 2020

Source: becket-chambers.co.uk

Have sports stars been caught out by Corona – Church Court Chambers

Posted July 28th, 2020 in contract of employment, coronavirus, news, remuneration by sally

‘It is not just in the worlds of finance and commerce where the effects of the global Corona Virus pandemic are currently being felt. The sporting world is also suffering at the hands of this novel virus. And many clubs are doing anything to make savings. But will that be enough? As has been publicised this weekend, Wigan Athletic Football Club have called in the administrators as a result of their financial woes. Seven years after winning the FA Cup, their fall from those dizzy heights has reached a new low.’

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Church Court Chambers, July 2020

Source: churchcourtchambers.co.uk

A Guide to Protestor Rights Balanced Against Police Powers – St Pauls Chambers

‘Article 10 of the Human Rights Act 1998 enshrines the right to the freedom of expression and Article 11 establishes the right of freedom of assembly and association. However, these rights are qualified, meaning that, in certain circumstances, these rights can be interfered with. The interference with these rights must be proportionate and necessary in the pursuit of a legitimate aim. For example, protestor rights to freedom of expression and freedom of assembly may be compromised where this is necessary in order to ensure public safety, prevent crime or disorder, protect the rights of others, or national security.’

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St Pauls Chambers, 18th July 2020

Source: www.stpaulschambers.com

UK search warrants following an International Letter of Request (R (on the application of Terra Services Ltd) v NCA): Lexis Nexis Analysis – 5SAH

‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’

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5SAH, 27th July 2020

Source: www.5sah.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘With the delay to the introduction of the Liberty Protection Safeguards until April 2022, and unless the Mental Health Act 1983 is applicable, there is no administrative mechanism available to authorise the deprivation of liberty for a person with impaired decision-making capacity who is either (1) outside a hospital or care home; or (2) is in a hospital or care home or is aged 16 or 17. This means that, unless a court authorises the position, those people caring for the person have no legal “cover” for their actions, and (where relevant) the public body commissioning care or aware of the person’s circumstances will also be acting unlawfully.’

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39 Essex Chambers, July 2020

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Unfit for work? Fair trial rights means benefit pending review – Doughty Street Chambers

Posted July 28th, 2020 in appeals, benefits, disabled persons, employment, human rights, news by sally

‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’

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Doughty Street Chambers, 25th July 2020

Source: insights.doughtystreet.co.uk

Hindsight bias in health and safety – Six Pump Court

Posted July 28th, 2020 in bias, health & safety, news, statutory duty by sally

‘David Travers QC of 6 Pump Court discusses hindsight bias, its relevance to health and safety cases and how to avoid its impact.’

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Six Pump Court, July 2020

Source: www.6pumpcourt.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order – Local Government Lawyer

Posted July 28th, 2020 in appeals, confiscation, fines, news, planning by sally

‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’

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Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

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UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org