Terminally ill Noel Conway loses Supreme Court appeal – BBC News
‘A terminally ill man has lost a legal battle at the UK’s highest court over his right to die.’
BBC News, 27th November 2018
Source: www.bbc.co.uk
Category: appeals
Commercial Court upholds hot works “exclusion” in Contractor’s Liability Policy – Practical Law: Construction Blog
‘Aspen Insurance UK Ltd & Liberty Mutual Insurance Europe Ltd v Sangster and Annand Ltd is a case that concerns a fire at a Scottish hotel, and liability under a Contractor’s Liability Insurance policy. It was heard by HHJ Waksman QC (as he then was) in the Commercial Court in June and, earlier this week, the Court of Appeal refused permission to appeal.’
Practical Law: Construction Blog, 23rd November 2018
A tendency to physical abuse: Upper Tribunal clarifies scope of Equality Act in education context — Katie Ayres – UK Human Rights Blog
‘The Upper Tribunal decision in of C&C v Governing Body [2018] UKUT 269 (AAC) has provided important clarification to the scope of the Equality Act 2010 in an education context.’
UK Human Rights Blog, 26th November 2018
Source: ukhumanrightsblog.com
What is ‘substantial injustice’ for the purposes of a criminal case review? – UK Human Rights Blog
‘Sapan Maini-Thompson is an LLM Candidate at University College London. On 14th November 2018 the Divisional Court gave judgment in a claim against the Criminal Cases Review Commission (CCRC) in Regina (Anthony Davies) v The Criminal Cases Review Commission . This case was brought on behalf of a prisoner who contended that his conviction had become unsafe following the decision of the Supreme Court in R v Jogee [2016] UKSC 8 which recast the mens rea requirements in joint enterprise cases. The court dismissed the claim in a judgment which involved analysis of how the principles in Jogee are applied, and the circumstances in which the CCRC should re-open an old conviction. Jim Duffy of 1 Crown Office Row was the Junior Counsel for the Claimant.’
UK Human Rights Blog, 27th November 2018
Source: ukhumanrightsblog.com
The limits of doctors’ liability for wrongful birth – UK Human Rights Blog
‘Khan v MNX [2017] EWHC 2990 (QB). The Court of Appeal has held that a mother who consults a doctor in order to avoid the birth of a child with one disability may not recover damages for the costs associated with a different disability.’
UK Human Rights Blog, 27th November 2018
Source: ukhumanrightsblog.com
Dangerous driving, joint criminal enterprise and ex turpi causa defence: is mens rea made out? – Zenith PI
‘In the case of Kelly Wallett (on her own behalf and on behalf of the dependants of Ian Hill (Deceased)) v Vickers [2018] EWHC 3088 (QB) the High Court considered (heard on 14.11.2018) issues of joint criminal enterprise in the context of the ex turpi causadefence.’
Zenith PI, 26th November 2018
Source: zenithpi.wordpress.com
Facebook appeals against Cambridge Analytica fine – BBC News
‘Facebook has appealed against a fine imposed on it by the UK’s data watchdog after the Cambridge Analytica scandal.’
BBC News, 21st November 2018
Source: www.bbc.co.uk
Proposed legislation to create heterosexual civil partnerships will still not create a “common law” marriage – Family Law
‘In June 2018 the Supreme Court ruled in favour of a heterosexual couple who had argued that their inability to formalise their relationship through a civil partnership was incompatible with the European Convention on Human Rights. The Prime Minister indicated in October that she would legislate to give all couples the same choices as to how to achieve legal recognition of their relationship for the first time, writes Ashford’s family solicitor Emma Mackay.’
Family Law, 22nd November 2018
Source: www.familylaw.co.uk
Improvement clauses needing improvement – Nearly Legal
‘An object lesson in the need for clarity in tenancy agreements. This was an appeal from a first instance decision of HHJ Luba QC. Mr H was Network’s assured tenant of a flat in a block used for a sheltered housing scheme. Following a fire safety inspection, Network proposed to replace all the flat entrance doors. Mr H would not give access to Network to do so unless certain conditions were met. No agreement was reached and Network applied for an injunction for access.’
Nearly Legal, 22nd November 2018
Source: nearlylegal.co.uk
Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog
‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’
Practical Law: Construction Blog, 19th November 2018
Facebook to lodge appeal against ICO’s £500,000 fine – The Guardian
‘Facebook is lodging an appeal against the record fine of £500,000 levied against it by the Information Commissioner’s Office in the UK, arguing that the penalty “challenges some of the basic principles of how people should be allowed to share information online”.’
The Guardian, 21st November 2018
Source: www.theguardian.com
UK ban on Kellogg’s Coco Pops children’s TV advert overturned – The Guardian
‘Kellogg’s, the maker of Coco Pops, has beaten a junk food advert ban after lobbying to overturn a decision by the UK’s advertising regulator, in a move that has outraged obesity campaigners.’
The Guardian, 21st November 2018
Source: www.theguardian.com
Lewis Graham: Lady Justices and Dissent on the Court of Appeal of England and Wales – UK Constitutional Law Association
‘Much has been said on the gender imbalance of the senior courts of England and Wales. Since the House of Lords became the Supreme Court in 2009, a total of 22 men have sat as full-time Justices, compared to just three women, all of whom are currently serving. Justifiably, a lot of attention has fallen on Lady Hale, an outspoken exponent of greater judicial diversity and current Court President.’
UK Constitutional Law Association, 15th November 2018
Source: ukconstitutionallaw.org
Case Comment: Lee v Ashers Baking Company Ltd & Ors [2018] UKSC 49 – UKSC Blog
‘It must be a rare moment in legal history, when cakes are at the centre of Supreme Court Knights_S_146668decisions in the same year on both sides of the pond.’
UKSC Blog, 12th November 2018
Source: ukscblog.com
Court of Appeal clears way for Mastercard hearing – Litigation Futures
‘The Court of Appeal has ruled that it has jurisdiction to hear an appeal against the decision that stopped the massive £14bn Mastercard class action – the biggest opt-out claim in English legal history.’
Litigation Futures, 15th November 2018
Source: www.litigationfutures.com
Supreme Court deals blow to second medical use patents – Law Society’s Gazette
‘The Supreme Court today dismissed an appeal by pharmaceutical company Pfizer, in a case that should provide clarity on patent law surrounding claims for new medical uses for a protected drug. In judgment handed down this morning the court allowed an appeal by generic drug makers Actavis and Mylan. The decision means Pfizer’s patent covering a second medical use for its product is invalid.’
Law Society's Gazette, 14th November 2018
Source: www.lawgazette.co.uk
Laura Mitchell loses appeal against Andrew Ayres murder conviction – The Guardian
‘A trainee midwife sentenced to life imprisonment for murder, who claimed she was looking for her shoes in a car park when the fatal attack occurred outside a Bradford pub, has failed to overturn her conviction. The court of appeal’s ruling in the test case of Laura Mitchell was greeted with dismay by supporters who have been campaigning for changes to the controversial “joint enterprise” rules.’
The Guardian, 14th November 2018
Source: www.theguardian.com
Court of Appeal hearing in London Stadium row to be livestreamed – Local Government Lawyer
‘A dispute about seating in the former London 2012 Olympic Stadium will be the first Court of Appeal hearing to be live-streamed in full.’
Local Government Lawyer, 14th November 2018
Source: www.localgovernmentlawyer.co.uk
Relationships as seen in the eyes of the law – Family Law
‘Relationships have been in the news in 2018. Not only did we see two Royal weddings, but at the opposite end of the romance spectrum, in June the UK Supreme Court ruled that it was discriminatory not to allow opposite-sex couples to form civil partnerships. Dianne Millen, an associate at Morton Fraser in Edinburgh, looks at relationships as seen in the eyes of the law.’
Family Law, 13th November 2018
Source: www.familylaw.co.uk
Judge appeals for funds to fight judiciary whistleblowing ruling – The Guardian
‘Claire Gilham wants judges to have legal protections for disclosures in public interest.’
The Guardian, 12th November 2018
Source: www.theguardian.com
