‘Stewart J has dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s.’
UK Human Rights Blog, 6th August 2018
Source: ukhumanrightsblog.com
‘Stunt v Associated Newspapers Ltd [2018] EWCA Civ 1780 is a dispute between the Daily Mail, Mail on Sunday and Mail Online, and the eye-wateringly rich former son-in-law of Berne Ecclestone about coverage of the latter by the former. Simply googling the claimant’s name and seeing the Mail Online headines gives some idea of why he might find that coverage less than flattering. It is, in short, a dispute where most people would like both sides to lose.Happily, thanks to the Court of the Appeal, they have. Both sides now have to fund a reference to the CJEU about the compatibility of section 32(4) of the Data Protection Act 1998 (still alive and kicking for these purposes) with Directive 95/46/EC, and the considerable delay built into that process. The reference was made because the Court split two to one (Sir Terence Etherton MR and Macfarlane LJ against Sharp LJ) on whether the stay mechanism imposed by section 32(4) was consistent with Article 9 of the Directive (freedom of expression rights) and Article 22 (effective remedy rights). At first instance, Popplewell J had found the provision to be a permissible implementation of the Directive.’
Panopticon, 6th August 2018
Source: panopticonblog.com
‘Government attempts to cut legal aid fees for solicitor evidence work have declared unlawful by the high court.’
Rights Info, 3rd August 2018
Source: rightsinfo.org
‘In Akhter v Khan [2018] EWFC 54, the couple had had a nikah ceremony in 1998 but had not registered the marriage under civil law. They had four children together. The petitioner, Nasreen Akhter, sought a divorce from Mohammed Shabaz Khan in November 2016. The husband (so called for convenience) defended the divorce on the basis that the parties had not entered a marriage valid according to English law; the wife (ditto) argued that the presumption of marriage arising out of cohabitation and reputation applied so as to validate the marriage. In the alternative, she averred that the marriage was a void marriage within section 11(a)(iii) of the Matrimonial Causes Act 1973. There were two central questions: whether the parties were to be treated as a validly married under English law by operation of a presumption of marriage and, if not, was the marriage a void marriage susceptible to a decree of nullity.’
Law and Religion UK, 3rd August 2018
Source: www.lawandreligionuk.com
‘The procedural exemptions in sections 12 and 14 of FOIA are some of the most commonly used, and most commonly litigated, provisions of the legislation. Unsurprisingly, they have led to a disproportionate degree of appellate involvement. More surprisingly, they continue to do so. Three recent Upper Tribunal decisions add to that body of jurisprudence which ought to be considered by authorities faced with burdensome requests. This post is, as a result, quite burdensome itself.’
Panopticon, 3rd August 2018
Source: panopticonblog.com
‘A “very dangerous” man who threw a baby out of a window after trying to gouge its eyes out has been jailed for life. Sean Ziemelis, 31, also tried to strangle the baby boy before throwing him from a second-storey window in the early hours of 1 August 2017, Luton crown court heard.’
The Guardian, 3rd August 2018
Source: www.theguardian.com
‘An 18-year-old who became one of the youngest women to be convicted of terrorism offences in the UK has been sentenced to life in prison with a minimum of 13 years.’
The Guardian, 3rd August 2018
Source: www.theguardian.com
‘A senior solicitor who sent offensives tweets about Islam, Catholicism and Judaism – and also retweeted some – has been suspended from practice for 18 months.’
Legal Futures, 6th August 2018
Source: www.legalfutures.co.uk
‘Defendants are “gaming the system” in specialist domestic violence courts by intimidating partners into not appearing in the expectation that magistrates will drop charges, a critical report has said.’
The Guardian, 5th August 2018
Source: www.theguardian.com
‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)
This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’
Nearly Legal, 5th August 2018
Source: nearlylegal.co.uk
‘Alex Ruck Keene, barrister at 39 Essex Chambers, examines the Supreme Court’s confirmation in An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) [2018] UKSC 46, [2018] All ER (D) 167 (Jul) that it was not mandatory to seek court approval for withdrawal of clinically assisted nutrition and hydration (CANH) from a patient suffering from a prolonged disorder of consciousness (PDOC) where the patient’s clinical team and family agreed that continued treatment was not in his best interests.’
Family Law, 3rd August 2018
Source: www.familylaw.co.uk
‘Gambling providers in Britain could lose the right to operate if they fail to comply with UK advertising rules, privacy regulations or consumer protection law under new licensing requirements set to apply from later this year.’
OUT-LAW.com, 3rd August 2018
Source: www.out-law.com
‘Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).’
Local Government Lawyer, 6th August 2018
Source: www.localgovernmentlawyer.co.uk
‘The health care regulator is calling for greater powers to protect patients from online GPs after a struck-off doctor was discovered using a loophole to prescribe “unsafe” drugs.’
Daily Telegraph, 6th August 2018
Source: www.telegraph.co.uk
A watchdog is threatening NHS England with legal action if it does not begin offering fertility treatments to transgender patients as standard.
BBC News, 5th August 2018
Source: www.bbc.co.uk
‘Rapists and killers were among 137 people given tougher penalties after complaints that their original sentences were too lenient last year, official figures for England and Wales show.’
The Guardian, 6th August 2018
Source: www.theguardian.com
‘The Gatwick Express rail service can no longer claim it can get passengers from the airport to London “in just 30 minutes” after the advertising watchdog found that more than a fifth of its services are delayed.’
The Guardian, 1st August 2018
Source: www.theguardian.com
‘One of the UK’s most famous divorce lawyers has backed a change in the law – but urged couples to be more practical about marriage.’
BBC News, 30th July 2018
Source: www.bbc.co.uk
‘The Civil Procedure Rule Committee has given its final approval to the two-year disclosure pilot scheme for cases in the Business & Property Courts.’
Litigation Futures, 1st August 2018
Source: www.litigationfutures.com
‘Currently, the law states that all abortion pills must be taken in a clinic or hospital – meaning some women end up having an abortion on public transport, or while driving home.’
Rights Info, 31st July 2018
Source: rightsinfo.org
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