‘In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation. On appeal the judge rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal.’
Zenith PI Blog, 28th May 2018
Source: zenithpi.wordpress.com
‘The Divisional Court in R (Mason) v (1) Winchester Crown Court (2) Chief Constable of Hampshire [2018] EWHC 1182 (Admin) has set out proper procedures to follow in appeals heard in the Crown Court concerning the refusal or revocation of firearm and shotgun certificates. This brings some structure to what has sometimes appeared to be the Wild West of shotgun hearings.’
UK Police Law Blog, 25th May 2018
Source: ukpolicelawblog.com
‘Transport for London has won an appeal over its imposition of a ‘voice contact requirement’ on Uber.’
Local Government Lawyer, 29th May 2018
Source: www.localgovernmentlawyer.co.uk
‘A group of prominent lawyers claim the official body responsible for investigating alleged miscarriages of justice is not fit for purpose.’
The Guardian, 30th May 2018
Source: www.theguardian.com
‘On 24th May 2018 a new scheme to process citizenship applications for the Windrush generation was announced, after the Government’s apologies last month. The Windrush Scheme guidance explains how this will work in detail.’
UK Human Rights Blog, 29th May 2018
Source: ukhumanrightsblog.com
‘Mitchell Abbott, trainee in the dispute resolution team at CMS, offers comment on the decision of the Supreme Court in the matter of Rock Advertising Limited v MWB Business Exchange Centres Limited [2018] UKSC 24.’
Supreme Court Blog, 18th May 2018
Source: ukscblog.com
‘Secret evidence that was not disclosed at trial has led to the overturning of the convictions of five men for conspiracy to murder following a shooting in Stoke-on-Trent in 2010.’
The Guardian, 22nd May 2018
Source: www.theguardian.com
‘The Court of Appeal on an instance of tenancy management going bad, very bad indeed. And the landlord losing a claim against them for damages for harassment under Protection from Harassment Act 1997.’
Nearly Legal, 20th May 2018
Source: nearlylegal.co.uk
‘Mrs S was the wife of Mr S, married in 2011. (Mrs S had leave to remain in the UK but no recourse to public funds, just to explain some odd bits along the way). In June 2014, Mr S took an assured shorthold tenancy of a flat from Mr K, the landlord for a 12 month term. The rent was paid from Mr S’ housing benefit.’
Nearly Legal, 18th May 2018
Source: nearlylegal.co.uk
‘The Court of Appeal has upheld a decision to strike out freezing orders granted on behalf of French bank Société Générale (SocGen), after finding that the bank had taken too long to issue the relevant claim forms.’
OUT-LAW.com, 16th May 2018
Source: www.out-law.com
‘For those with an interest (perhaps in the broadest sense of the word) in credit hire litigation, the long-running war between credit hire organisations (‘CHOs’) and motor insurers continues with a judgment from Mr Justice Turner in the QBD.’
Zenith PI, 15th May 2018
Source: zenithpi.wordpress.com
‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’
Local Government Lawyer, 17th May 2018
Source: www.localgovernmentlawyer.co.uk
‘Tini Owens desperately wants to divorce her husband. She says she’s been unhappy for many years and she feels locked in a loveless marriage. For her, after four decades together and with their children now grown up, it’s time to formally end the relationship. But her husband, Hugh Owens, does not feel the same way. He says they still have a few years to enjoy together. He’s fighting hard to stop her getting her way and has been successful so far. Their divorce battle goes to the highest court in the UK on Thursday.’
BBC News, 17th May 2018
Source: www.bbc.co.uk
‘When, in the performance of their roles, do public authorities owe a private law duty of care to those harmed by their actions, and thus face common law tort liability if they discharge their state functions carelessly? The latest case on duties for public authorities, Robinson v. Chief Constable of West Yorkshire, indicates that the private duties owed in tort by public entities are the same as any other party under the common law. Robinson involved a positive act by police which harmed an innocent bystander; the UKSC was unanimous that the police owed a private duty of care to the victim. The leading opinion by Lord Reed was unequivocal that public authorities face the same test for common law duty of care as any other entity, rather than enduring higher, enjoying more lenient, standards. While Lord Reed’s analysis offers a compelling synthesis of legal precedent, the alternative approach advanced by Lord Hughes and Lord Mance raises questions regarding the durability of Lord Reed’s reasoning.’
UK Constitutional Law Association, 14th May 2018
Source: ukconstitutionallaw.org
‘Appeal judges have refused to create a duty of care with “potentially serious and costly consequences for very little practical gain” in a case over whether overgrown vegetation contributed to a road accident.’
Local Government Lawyer, 9th May 2018
Source: www.localgovernmentlawyer.co.uk
‘The wrongly convicted are abandoned by the state. This week, the supreme court has a chance to change that.’
The Guardian, 9th May 2018
Source: www.theguardian.com
‘A man who attacked his four children with a hammer and drove them into a wall at 92mph has had his sentence increased from 14 to 24 years by appeal court judges.’
The Guardian, 9th May 2018
Source: www.theguardian.com
‘A woman jailed for five years after falsely accusing a soldier of rape has lost an appeal against her sentence.’
BBC News, 3rd May 2018
Source: www.bbc.co.uk
‘The Court of Appeal has refused to re-open a permission to appeal decision in a planning case following an oral hearing, after originally refusing permission to appeal in response to a paper application.’
OUT-LAW.com, 2nd May 2018
Source: www.out-law.com
‘Section 33 of the Arbitration Act 1996 imposes a duty on arbitrators to “act fairly and impartially as between the parties” and section 24(1)(a) provides that the court has the power to remove an arbitrator if circumstances exist that “give rise to justifiable doubts as to his impartiality”. This week I’m looking at the Court of Appeal’s decision in Halliburton Company v Chubb Bermuda Insurance Ltd and others, where the court had to decide whether an arbitrator should be removed under section 24 in circumstances where he had accepted multiple appointments in overlapping cases without telling the parties’
Practical Law: Construction Blog, 1st May 2018
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