One court, one judiciary? – New Law Journal
‘Steven Gasztowicz QC considers the radical question of whether there could ever be ‘one civil court’ & ‘one judiciary’.’
New Law Journal, 6th July 2018
Source: www.newlawjournal.co.uk
Author: sally
High Court orders indemnity costs against claimant that discontinued on eve of hearing – Litigation Futures
‘Russian state airline Aeroflot has been ordered to pay indemnity costs for the entire eight years of a fraud claim that it dropped on the eve of opening submissions.’
Litigation Futures, 10th July 2018
Source: www.litigationfutures.com
Post-Brexit settlement scheme for EU nationals – Technology Law Update
‘The Government has published long-awaited details of the post-Brexit Settlement Scheme for EU nationals in the UK. Details are set out in the Government’s EU Settlement Scheme Statement of Intent.’
Technology Law Update, 9th July 2018
Source: www.technology-law-blog.co.uk
Prisoners to get phones in cells in bid to curb violence – BBC News
‘Thousands of prisoners will be able to make calls from their cells, as part of government plans to reduce violence and crime in prisons in England and Wales.’
BBC News, 10th July 2018
Source: www.bbc.co.uk
UK counter-terror bill risks criminalising curiosity – watchdog – The Guardian
‘Academics, journalists and those with “inquisitive and foolish minds” would be at risk of prosecution and prison sentences of up to 15 years under proposed counter-terrorism laws, a parliamentary human rights watchdog has said.’
The Guardian, 10th July 2018
Source: www.theguardian.com
Insurer demands ‘more backing’ to battle dishonest claims – Law Society’s Gazette
‘A leading insurer has called for extra support from the judicial process if defendants are effectively to contest spurious personal injury claims.’
Law Society's Gazette, 7th July 2018
Source: www.lawgazette.co.uk
Are ‘Thousands misusing abuse orders to get legal aid?’ – Transparency Project
‘Twitter commentators asked questions last week of a BBC headline:
Thousands misusing abuse orders to get legal aid, says parenting charity
And the ‘click-bait’ opening sentence of the story itself:
Families Need Fathers says parents are being encouraged by some solicitors to file for non-molestation orders – injunctions used in urgent abuse cases.’
Transparency Project, 9th July 2018
Source: www.transparencyproject.org.uk
Council defends decision to revoke premises licence after test purchase failures – Local Government Lawyer
‘A borough council in the North West has successfully defended a decision of its licensing sub-committee to revoke the premises for an off licence after a number of test purchase failures.’
Local Government Lawyer, 6th July 2018
Source: www.localgovernmentlawyer.co.uk
The right to die – who decides? – UK Human Rights Blog
‘In R. (on the application of Conway) v Secretary of State for Justice [2018] EWCA Civ 1431 the Court of Appeal held that the blanket ban on assisted suicide in the Suicide Act 1961 s.2(1) was a necessary and proportionate interference with the ECHR art.8 rights of the appellant.’
UK Human Rights Blog, 9th July 2018
Source: ukhumanrightsblog.com
Church of England ombudsman to oversee sexual abuse cases – The Guardian
‘The Church of England is to establish an independent ombudsman to deal with complaints over its handling of sexual abuse cases, and will seek other ways of strengthening independent scrutiny of its processes.’
The Guardian, 7th July 2018
Source: www.theguardian.com
Good and bad news for Civil Liability Bill opponents – Legal Futures
‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’
Legal Futures, 6th July 2018
Source: www.legalfutures.co.uk
Coldstream Guard jailed for 19 years for Windsor rape – BBC News
‘A Coldstream Guards soldier who had been “prowling the streets” looking for “a lone female” before raping a woman has been jailed for 19 years.’
BBC News, 6th July 2018
Source: www.bbc.co.uk
Misogyny hate crime in Nottinghamshire gives ‘shocking’ results – BBC News
‘Misogyny and offences targeting women are still “highly prevalent” two years after a police force started treating them as hate crime, academics say.’
BBC News, 9th July 2018
Source: www.bbc.co.uk
UK fertility regulator to issue new rules on expensive IVF add-ons – The Guardian
‘IVF patients will need to be told when expensive “add-ons” to fertility treatments are not likely to be effective, under new rules due to be issued to clinics later this year.’
The Guardian, 9th July 2018
Source: www.theguardian.com
High Court Rejects Challenge to Inner Temple Development Proposals – Landmark Chambers
‘The High Court has refused permission to seek judicial review of the Corporation of the City of London’s decision to grant planning permission for the provision of new educational facilities in the Inner Temple Treasury Building. The proposals were particularly controversial, because they entail the loss of the upper gallery of the Inner Temple library. Although constructed after the Second World War, the library is a notable feature of the Treasury Building, and is regarded with strong affection by many who have used it. When granting permission, the Corporation’s planning committee accepted that the loss would cause harm to the Treasury Building, but concluded that this was less than substantial and was outweighed by the benefits of the scheme.’
Landmark Chambers, 4th July 2018
Source: www.landmarkchambers.co.uk
How much of a groundbreaking decision is the CJEU’s judgment for transgender rights? – Thibault Lechevallier – UK Human Rights Blog
‘Weeks after ruling against certain sexual orientation tests for asylum seekers and finding that EU Member States must recognise the free movement rights of gay spouses, regardless of whether same-sex marriages are solemnised therein, the European Court of Justice (ECJ) held that the UK requirement for transgendered persons to be unmarried in order to qualify for a State pension at the retirement age of their current gender violated EU law.’
UK Human Rights Blog, 3rd July 2018
Source: ukhumanrightsblog.com
Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association
‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’
UK Constitutional Law Association, 3rd July 2018
Source: ukconstitutionallaw.org
Illegal levels of air pollution linked to child’s death – BBC News
‘A nine-year-old girl’s fatal asthma attack has been linked to illegally high levels of air pollution.’
BBC News, 3rd July 2018
Source: www.bbc.co.uk
Homelessness and capacity – Nearly Legal
‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’
Nearly Legal, 3rd July 2018
Source: nearlylegal.co.uk
