‘In its judgment, the Supreme Court confirmed that it is implicit in statutory schemes that ex parte hearings, that is court hearings without notice held in the absence of interested parties, (in this case a Magistrates Court warrant granted under the Police and Criminal Evidence Act (“PACE”), s 8), that the court may rely on information that is not disclosed to any interested party after the event, even if that information is vital to explain how and why the court made its order.’
UKSC Blog, 2nd February 2018
Source: ukscblog.com
‘When the supply of gas to your house fails, you are entitled to compensation from the gas undertaker for the inconvenience. If that failure has been caused by another utility’s burst water main, the gas undertaker may seek to recoup its expenses for repair to its own infrastructure and the compensation it has had to pay out to consumers. A simple enough picture.’
UK Human Rights Blog, 3rd February 2018
Source: ukhumanrightsblog.com
‘British hacker Lauri Love has won his legal battle after fearing he would be extradited to the US.’
Daily Telegraph, 5th February 2018
Source: www.telegraph.co.uk
‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’
Oxford Human Rights Hub, 4th February 2018
Source: ohrh.law.ox.ac.uk
‘The case of Martin v Williams [2017] EWHC 491 (Ch), [2018] 1 FLR 125 concerned the right of a cohabitee to make a claim for financial provision from her partner’s estate. It serves as a useful reminder of the problems that can arise when a testator fails to update his or her will following a change in circumstances.’
Family Law, 30th January 2018
Source: www.familylaw.co.uk
‘In Noel Douglas Conway v The Secretary of State for Justice [2018] EWCA Civ 16, the Court of Appeal gave an unusually detailed judgment granting permission to appeal against the decision of the Divisional Court in Conway, R (on the application of) v Secretary of State for Justice [2017] EWHC 640, refusing permission for the applicant to judicially review the criminalisation of physician-assisted suicide under the Suicide Act 1961.’
UK Human Rights Blog, 30th January 2018
Source: ukhumanrightsblog.com
‘Family analysis: Emily James, barrister at The 36 Group, considers the practical implications of the Court of Appeal judgment in Re B (A Child) (Care Proceedings) [2018] EWCA Civ 20, [2018] All ER (D) 74 (Jan), in which a decision to place a child for adoption, even when there was a viable family placement available, was upheld.’
Family Law, 29th January 2018
Source: www.familylaw.co.uk
‘On 4th November 2015, Dr Bawa Garba was convicted of gross negligence manslaughter of a 6 year old boy. She was sentenced to two years of imprisonment suspended for two years. On 29 November 2016 the Court of Appeal Civil Division refused her leave to appeal against her conviction.’
UK Human Rights Blog, 27th January 2018
Source: ukhumanrightsblog.com
‘Siobhan McLaughlin’s case goes before supreme court as pressure grows to end legal inequality.’
The Guardian, 27th January 2018
Source: www.theguardian.com
‘The ex-managing partner of a well-known law firm has won the right to sue his former firm for £3.4m under whistleblowing law.’
Legal Futures, 29th January 2018
Source: www.legalfutures.co.uk
‘The Law Society has been granted permission to intervene in the Supreme Court’s hearing of a case that made a major strike against the practice of third-party capture in personal injury.’
Litigation Futures, 29th January 2018
Source: www.litigationfutures.com
‘A doctor who was found guilty of manslaughter by gross negligence over the death of a six-year-old boy has been struck off.’
BBC News, 25th January 2018
Source: www.bbc.co.uk
‘Daptomycin is an antibiotic used to treat systemic and life-threatening infections caused by multiple drug resistant bacteria. Its effectiveness depends on its purity. The invention for which the patent in suit was granted was a way of purifying the antibiotic. In Hospira UK Ltd v Cubist Pharmaceuticals LLC [2016] EWHC 1285 (Pat) (10 June 2016), Hospira UK Ltd, (a British subsidiary of Pfizer) sought the revocation of that patent. Mr Justice Henry Carr found that the patent was invalid and ordered its revocation. Cubist Pharmaceuticals LLC (a subsidiary of Merck & Co.) appealed against that judgment and order in Hospira UK Ltd v Cubist Pharmaceuticals LLC [2018] EWCA Civ 12 (18 Jan 2018).’
NIPC Law, 24th January 2018
Source: nipclaw.blogspot.co.uk
‘The UK courts have backed Petrofac boss Ayman Asfari in his battle against Italian insider trading allegations by ruling that he was not served notice of the charges leveled against him by the Italian authorities. The High Court ruling backs Mr Asfari’s claim that the shock sanctions leveled against him last summer by the Italian authorities did not follow due process, meaning he was unable to defend himself against the charges before they were imposed.’
Daily Telegraph, 24th January 2018
Source: www.telegraph.co.uk
‘Campaigners have failed in a long-running legal battle to slash leasehold costs after the court of appeal ruled in favour of a major London freeholder. The case, Mundy v the Sloane Stanley Estate, involved a small flat in Chelsea where the lease had fallen to less than 23 years and the freeholder was seeking £420,000 to agree an extension.’
The Guardian, 24th January 2018
Source: www.theguardian.com
‘A driver who killed his best friend will now serve time in prison after Solicitor General Robert Buckland QC MP referred his original sentence to the Court of Appeal as unduly lenient.’
Attorney General’s Office, 19th January 2018
Source: www.gov.uk/ago
‘Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, furthermore, are the consequences of failing to provide reasons which meet the requisite standard? The Supreme Court’s recent decision in Dover DC v Campaign to Protect Rural England (CPRE), Kent is a clear reminder that there is no singular, straightforward answer to these questions. Thus reason-giving requirements vary in planning law according to, at least, the decision-maker under review (local authority, officer exercising delegated powers or the Secretary of State), whether planning permission is refused or granted, the nature of the development for which permission is sought and the type of land to which the application relates.’
UK Constitutional Law Association, 22nd January 2018
Source: ukconstitutionallaw.org
‘Today we take it for granted that anyone convicted of a crime should be able to appeal to a higher court. However, this wasn’t always so. English lawyers traditionally set great store in the deterrent value of swift and final justice. Over the course of the nineteenth century, reformers pressed for the establishment of a court that could review sentencing and order retrials on points of law or new evidence. These advocates of change met with fierce resistance from the judiciary and much of the legal profession, and the cause of reform had little success until a spectacular miscarriage of justice came to light.’
OUP Blog, 21st January 2018
Source: blog.oup.com
‘Nixon & Anor, R (On the Application of) Secretary of State for the Home Office [2018] EWCA Civ 3, 17 January 2018. The Court of Appeal has refused a judicial review application and permission to appeal in two cases where the applicants were required to pursue their challenges to deportation “out of country” rather than in the UK. Where the Secretary of State has rejected a human rights claim, and deportation is considered in the public good – because the deportee is a foreign criminal – there has been debate about the effectiveness of an out-of-country appeal.’
UK Human Rights Blog, 18th January 2018
Source: ukhumanrightsblog.com
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