Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution – UK Constitutional Law Association

‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’

Full Story

UK Constitutional Law Association, 26th June 2019

Source: ukconstitutionallaw.org

Same-sex and single-parent adoption and religious discrimination: Page – Law & Religion UK

‘On 19 June 2019, the Employment Appeal Tribunal handed down two separate judgments relating to the same appellant, Mr Richard Page: Page v Lord Chancellor & Anor [2019] UKEAT 0304 18 1906 and Page v NHS Trust Development Authority [2019] UKEAT 0183 18 1906. The appeals related to Mr Page’s religious beliefs in relation to his position as a magistrate and as a Non-Executive Director of an NHS Trust, respectively; and the EAT dismissed the appeals in both cases. From the legal perspective, the two cases were not “linked” as such because there was no cross-referencing between them. However, the action taken by the Lord Chancellor’s Department resulted, indirectly, in action being instituted by the NHS, and the following note relates to both judgments.’

Full Story

Law & Religion UK, 24th June 2019

Source: www.lawandreligionuk.com

JusticeWatch: Growing ‘justice gap’ in discrimination cases – Legal Voice

‘Victims of discrimination were being denied access to justice and offenders going unchallenged as a result of a ‘failing’ legal aid system, as reported in the Justice Gap.’

Full Story

Legal Voice, 21st June 2019

Source: legalvoice.org.uk

CA rejects challenge to abolition of oral permission hearings – Litigation Futures

Posted June 26th, 2019 in appeals, civil justice, human rights, news, oral hearings by sally

‘The Court of Appeal has rejected a challenge to the abolition of most oral permission-to-appeal hearings before it.’

Full Story

Litigation Futures, 26th June 2019

Source: www.litigationfutures.com

Appeal court overturns forced abortion ruling – The Guardian

Posted June 25th, 2019 in abortion, appeals, consent, learning difficulties, news by sally

‘A court ruling that a woman with learning disabilities must have an abortion against her wishes has been overturned on appeal.’

Full Story

The Guardian, 24th June 2019

Source: www.theguardian.com

Discovery assessments: the Court of Appeal in Tooth – OUT-LAW.com

Posted June 24th, 2019 in appeals, documents, HM Revenue & Customs, news, tax evasion, taxation, time limits by tracey

‘The Court of Appeal decided in the Tooth case that finding a different reason for under assessment or a different mechanism for assessing an insufficiency of tax HMRC already knew about was not enough to enable HMRC to issue a discovery assessment.’

Full Story

OUT-LAW.com, 21st June 2019

Source: www.pinsentmasons.com

Speedboat crash: Jack Shepherd loses appeal against conviction – The Guardian

Posted June 20th, 2019 in accidents, appeals, homicide, negligence, news, sentencing, wounding by tracey

‘Jack Shepherd has lost a court of appeal challenge against his conviction for the manslaughter of 24-year-old Charlotte Brown.’

Full Story

The Guardian, 20th June 2019

Source: www.theguardian.com

Reasonable Expenses and intentional homelessness – Nearly Legal

‘Samuels v Birmingham City Council (2019) UKSC 28. The Supreme Court, finally, has delivered its judgment on the issue of the assessment of “reasonable expenses” when considering the affordability of rent in homelessness decisions.’

Full Story

Nearly Legal, 16th June 2019

Source: nearlylegal.co.uk

“No revolution” says the Supreme Court as it rules on defamation – UK Human Rights Blog

‘Lachaux v Independent Print Ltd and another [2019] UKSC 27. The Supreme Court has unanimously held that the Defamation Act 2013 altered the common law presumption of general damage in defamation. It is no longer sufficient for the imposition of liability that a statement is inherently injurious or has a “tendency” to injure a claimant’s reputation. Instead, the language of section 1(1) of the Act requires a statement to produce serious harm to reputation before it can be considered defamatory.’

Full Story

UK Human Rights Blog, 17th june 2019

Source: ukhumanrightsblog.com

Defective service and “technical game playing”: Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 – Zenith PI

‘Woodward & Ors v Phoenix Healthcare Distribution Ltd [2019] EWCA Civ 985 is the latest procedural skirmish in the ongoing battle between Claimants and Defendants. Following on from the Supreme Court’s judgment in Barton v Wright Hassall LLP [2018] UKSC 12, it is an important reminder – if any were needed – that Claimants must be familiar with the rules on service of claim forms, and with the other side’s procedural stance.’

Full Story

Zenith PI, 17th June 2019

Source: zenithpi.wordpress.com

Speedboat killer Jack Shepherd to challenge manslaughter conviction in Court of Appeal – Daily Telegraph

Posted June 13th, 2019 in appeals, homicide, news by sally

‘A man convicted of killing his date in a speedboat incident is set to have a challenge against his conviction heard at the Court of Appeal.’

Full Story

Daily Telegraph, 13th June 2019

Source: www.telegraph.co.uk

Supreme Court turns back on procedural appeals – Litigation Futures

‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’

Full Story

Litigation Futures, 11th June 2019

Source: www.litigationfutures.com

First High Court guidance on proportionality leads to huge costs cut – Litigation Futures

Posted June 10th, 2019 in appeals, costs, litigants in person, news, proportionality, shareholders by sally

‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’

Full Story

Litigation Futures, June 2019

Source: www.litigationfutures.com

Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit? – UK Constitutional Law Association

‘In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit.’

Full Story

UK Constitutional Law Association, 10th June 2019

Source: ukconstitutionallaw.org

‘Spiking’ of mesothelioma reinsurance claims not permitted – OUT-LAW.com

‘Insurers are not permitted to “spike” mesothelioma-related reinsurance claims arising under employers’ liability policies, the The Court of Appeal in the UK has ruled.’

Full Story

OUT-LAW.com, 6th June 2019

Source: www.out-law.com

Supreme Court gives new guidance on liability of local authorities – UK Human Rights Blog

‘Poole Borough Council v GN and another [2019] UKSC 25. The Supreme Court has found that Poole Borough Council did not owe a duty of care to two children, CN and GN, who it failed to re-house, despite the fact that they were suffering abuse from their neighbours. However, the court overruled previous authority and found that in some situations a duty of care might arise.’

Full Story

UK Human Rights Blog, 7th June 2019

Source: ukhumanrightsblog.com

MIB has to pay out for injury suffered on private land, says CA – Litigation Futures

‘The Court of Appeal has upheld a ruling that the Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land.’

Full Story

Litigation Futures, 5th June 2019

Source: www.litigationfutures.com

Medical watchdog GMC needs to regain trust of doctors, finds review – The Guardian

‘The General Medical Council must fundamentally reform to regain the trust of the doctors it regulates and end their “toxic fear” of reprisals if they make mistakes, says a hard-hitting report.’

Full Story

The Guardian, 6th June 2019

Source: www.theguardian.com

Tribunal verdict quashed after judge fell asleep twice during proceedings – Daily Telegraph

Posted June 5th, 2019 in appeals, cross-examination, employment tribunals, judges, news by sally

‘A judge who repeatedly fell asleep during a case has prompted an appeal court to overturn his verdict.’

Full Story

Daily Telegraph, 4th June 2019

Source: www.telegraph.co.uk

Court of Appeal: Draft judgments not an “invitation to treat” – Litigaiton Futures

Posted June 4th, 2019 in appeals, drafting, interpretation, judges, judgments, news by sally

‘Receiving a judge’s draft judgment is not an “invitation to treat”, nor is it an opportunity to critique the ruling, enter into negotiations or reargue the case, the Court of Appeal has made clear.’

Full Story

Litigation Futures, 4th June 2019

Source: www.litigationfutures.com