Skegness woman jailed for boiling water attacks on husband – BBC News
‘A woman who threw boiling water over her husband, leaving him scarred for life, has been jailed for two years.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Author: sally
Interim injunctions against persons unknown – Law Society’s Gazette
‘As George Harrison once sang: ‘All things must pass.’ So while protesters, trespassers and others may now be quietly isolated (keyboard activism apart), normal life will eventually resume – and with it will come the need to restrain any unlawful or other anti-social behaviour.’
Law Society's Gazette, 11th May 2020
Source: www.lawgazette.co.uk
Is Criminal Justice Under Lockdown Remotely Possible? – Transparency Project
‘Nothing better represents our idea of justice being not only done but seen to be done than the spectacle of trial by jury in the Crown Court. The arrangement of the physical space of the courtroom, the royal coat of arms behind the raised bench where the judge sits, robed and wigged, representing the majesty of the law; the dock where the captive defendant awaits the verdict of his or her “peers”, in the time-honoured words of Magna Carta; and those peers themselves, a dozen ordinary citizens doing their civic duty as jurors, ranged along one side in their jury box. Advocates, robed and wigged, take turns to present and test the case for the prosecution and the defence; witnesses are called and sworn to tell the truth, the whole truth and nothing but the truth (subject to the rules of evidence); and all of this may be watched by the public and reported by the press.’
Transparency Project, 11th May 2020
Source: www.transparencyproject.org.uk
Welding company fined £450k over fatigued workers’ crash – BBC News
‘A welding company has been fined £450,000 after two of its fatigued employees died in a car crash.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Government not doing enough to prevent crimes committed on probation – report – The Guardian
‘The government and probation service are not doing enough to learn from mistakes that led to serious crimes being committed by offenders under supervision, including murder, rape and other violent offences, inspectors have said in a critical report.’
The Guardian, 14th May 2020
Source: www.theguardian.com
Transgender man loses appeal and remains recognised as ‘mother’ on child’s birth certificate – Transparency Project
‘This case concerns an appeal by Alfred McConnell (previously anonymised as TT in the first instance decision). Mr McConnell was born female but around 10 years ago, at the age of 22, transitioned to become male, undergoing testosterone treatment and a double mastectomy. His passport and medical records recorded him as male. In September 2016, Mr McConnell commenced fertility treatment in order to have a child. He was also recorded as male at the fertility clinic. A gender recognition certificate was awarded shortly after in April 2017 so that Mr McConnell could be legally recognised as male. In January 2018, he gave birth to a son, who continued to be known as YY in this appeal. When registering the child’s birth, Mr McConnell was informed that he had to be recognised as the child’s mother on the birth certificate. He sought judicial review of this decision, claiming that he should be recognised as ‘father’, ‘parent’ or ‘gestational’ parent, and that being recognised as ‘mother’ interfered with his and YY’s rights under Article 8 and Article 14 of the European Convention on Human Rights. A declaration of parentage, that Mr McConnell is the father, was also made on behalf of YY, under section 55A of the Family Law Act 1986.’
Transparency Project, 10th May 2020
Source: www.transparencyproject.org.uk
Coronavirus: What powers do the police have? – BBC News
‘Boris Johnson has changed the lockdown rules in England, allowing people to spend more time outdoors.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Leviathan Challenged — the lockdown is compliant with human rights law (Part Two) – UK Human Rights Blog
‘In this article, Dominic Ruck Keene and Henry Tufnell argue that the challengers to the legislation have not shown that the measures adopted by the Government are disproportionate in the circumstances of the pandemic.’
UK Human Rights Blog, 11th May 2020
Source: ukhumanrightsblog.com
Bail in the time of COVID-19 – an update – The 36 Group
‘Two new cases have been published since our last blog post on the issue of bail during the Corona Crisis. They are: Perry v USA (unreported) and Chelsea Football Club Ltd v Nichols [2020] EWHC 827 (QB).’
The 36 Group, 23rd April 2020
Source: 36group.co.uk
Novichok: family of Dawn Sturgess wins first stage of legal challenge – The Guardian
‘The family of Dawn Sturgess, who died in the Wiltshire novichok poisonings, has won the first stage of a legal challenge against a coroner’s decision to limit the scope of her inquest.’
The Guardian, 13th May 2020
Source: www.theguardian.com
Disciplinary and Grievance Procedures During the Coronavirus Pandemic: Guidance from ACAS – Coronavirus Guidance for Lawyers and Businesses
‘ACAS has produced guidance on Disciplinary and grievance procedures during the coronavirus pandemic.’
Coronavirus: Guidance for Lawyers and Businesses, 6th May 2020
Anti-Asian hate crimes up 21% in UK during coronavirus crisis – The Guardian
‘Hate crime directed at south and east Asian communities has increased by 21% during the coronavirus crisis, ministers have told MPs.’
The Guardian, 13th May 2020
Source: www.theguardian.com
National Crime Agency v Baker: Always Wear A Helmet When Cycling, Motorcycling or Jumping to Conclusions – The 36 Group
‘In National Crime Agency v Baker and Others [2020] EWHC 822 (Admin) the High Court discharged three Unexplained Wealth Orders (“UWOs”) and Interim Freezing Orders (“IFOs”) granted in respect of three properties on an ex parte application by the National Crime Agency (“NCA”).’
The 36 Group, 4th May 2020
Source: 36group.co.uk
Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB
‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’
3PB, May 2020
Source: www.3pb.co.uk
Judge denies bias in favour of former school friend – Litigation Futures
‘A judge has rejected a recusal application on the grounds of apparent bias, based on him being in the same class at school as the director of a defendant company more than 45 years ago.’
Litigation Futures, 13th May 2020
Source: www.litigationfutures.com
Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer
‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’
Local Government Lawyer, 12th May 2020
Source: www.localgovernmentlawyer.co.uk
Gerry Adams wins appeal against Maze Prison escape convictions – BBC News
‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions – UK Constitutional Law Association
‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic (The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020; The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020; The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020). These lockdown restrictions form the central plank of a wide range of government interventions, which to date include the 359-page Coronavirus Act 2020, 61 statutory instruments (emerging from 46 different parent acts), and an even greater amount of policy and guidance. The central purpose of the lockdown restrictions is to protect public health, by both containing the rate of infection and protecting NHS capacity to treat the influx of COVID-19 patients. There has been a lively legal debate about the restrictions—described as ‘almost certainly the most severe restrictions on liberty ever imposed.’ In addition to the legal debate, however, we also need a socio-legal analysis. An examination of how the public understand and experience the lockdown, and the significance of these perceptions for compliance, is essential to developing a clear picture of how the lockdown restrictions are working. Understanding the role of law in society, and not only in strict ‘legal’ terms, has rarely been so important.’
UK Constitutional Law Association, 8th May 2020
Source: ukconstitutionallaw.org
Costs and Exaggeration: Morrow v Shrewsbury RUFC LTD [2020] EWHC 999 (QB) – Park Square Barristers
‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’
Park Square Barristers, 5th May 2020
Source: www.parksquarebarristers.co.uk
Courts should consider coronavirus emergency when sentencing, rules Court of Appeal – UK Human Rights Blog
‘On 30 April 2019, giving the lead judgment in the Court of Appeal, the Lord Chief Justice considered that the impact of a custodial sentence is likely to be heavier during the coronavirus pandemic than it would otherwise be, and that this was a factor that judges and magistrates can and should keep in mind when sentencing.’
UK Human Rights Blog, 12th May 2020
Source: ukhumanrightsblog.com
