‘The Court of Protection has allowed an appeal against a decision that a woman lacked capacity to consent to discharge from hospital and to be placed in specified accommodation, saying that the discharge and placement offer should have been treated as separate matters.’
Local Government Lawyer, 11th July 2023
Source: www.localgovernmentlawyer.co.uk
‘The long running case of Maguire has finally been concluded in a Supreme Court judgment handed down last week. The bottom line is and remains that the threshold for Article 2 remains high in cases involving health and social care. The case is particularly helpful for its detailed and comprehensive analysis of the authorities and the relevant legal principles in relation to the application of Article 2 and is a must read for those practising in the coronial area.’
2 Hare Court, 30th June 2023
Source: www.2harecourt.com
‘W80, an armed police officer, shot Jermaine Baker dead in a police operation. Mr Baker was implicated in a plot to snatch two individuals from custody. The police had intelligence that the plotters would be in possession of firearms. W80’s account was that during the intervention, Mr Baker’s hands moved quickly up to a shoulder bag on his chest. Fearing for his life and those of his colleagues, W80 fired one shot. No firearm was found in the bag, but an imitation firearm was in the rear of the car.’
UKSC Blog, 5th July 2023
Source: ukscblog.com
‘Catherine Craven and Jane Goodier round up the latest housing law cases and court decisions of interest to housing associations and local authorities.’
Local Government Lawyer, 7th July 2023
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court has ruled that the civil law test should be applied in police disciplinary proceedings and that public confidence is better served in doing so.’
Law Society's Gazette, 5th July 2023
Source: www.lawgazette.co.uk
‘A High Court judge has “with a very heavy heart” allowed an appeal while making clear his dismay at the conduct of the successful party.’
Law Society’s Gazette, 6th July 2023
Source: www.lawgazette.co.uk
‘The first trader tried and jailed for “rigging” interest rates, Tom Hayes, has won the right to appeal his case after a six-year battle. Mr Hayes, who was sentenced to 11 years in jail in 2015, has been seeking a referral since 2017. He will now have his case referred back to the Court of Appeal.’
BBC News, 7th July 2023
Source: www.bbc.co.uk
‘A transgender rights group has lost its case to have a gay rights organisation stripped of its charitable status in what is believed to be the first case of its kind in the UK.’
The Independent, 6th July 2023
Source: www.independent.co.uk
‘By this judgment, the EAT allowed an appeal against a finding that an employee’s dismissal was because of her pregnancy (contrary s.18 Equality Act 2010) on the ground that the ET had not considered Reynolds v CLFIS (UK) Ltd [2015] ICR 1010. Reynolds is no doubt familiar to experienced employment lawyers, it stands for the principle that, in a discrimination claim, the relevant decision maker must have been (at least significantly) influenced by a protected characteristic. A composite approach, bringing together the act of one individual with a discriminatory reason of another is not permitted.’
3PB, 7th June 2023
Source: www.3pb.co.uk
‘C was employed by the R as a live-in carer. The person for whom she cared went into hospital. Usually the R would have moved C to care for another individual. However, the effects of the pandemic were such that there was less opportunity to do so. C’s last day of work for the person for whom she cared was 8.2.20; she thereafter received no work, and no pay.’
3PB, 5th June 2023
Source: www.3pb.co.uk
‘The Court of Appeal has ruled against the UK government’s plan to send asylum seekers to Rwanda, adding a significant legal hurdle to the prime minister Rishi Sunak’s promise to “stop the boats”.’
EIN Blog, 4th July 2023
Source: www.ein.org.uk
‘In a recent case the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a “rehearing”, the FTT must consider whether the authority’s decision was wrong by reference to facts that existed at the time of its decision, and must also give sufficient deference to the authority’s original decision. Simon Kiely and Francesca Gallagher analyse the ruling.’
Local Government Lawyer, 30th June 2023
Source: www.localgovernmentlawyer.co.uk
‘The public sector equality duty (“PSED”) imposed by section 149 of the Equality Act 2010 is a procedural obligation that requires public bodies to have due regard to the equality needs listed in that section when exercising their functions. This appeal concerns the territorial scope of the PSED. It raises the issue of whether a public body is required under the PSED to have due regard to people living outside the United Kingdom when exercising its functions.’
UKSC Blog, 28th June 2023
Source: ukscblog.com
‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’
Law Society's Gazette, 30th June 2023
Source: www.lawgazette.co.uk
‘Court of appeal judges have ruled that it is unlawful to send asylum seekers to Rwanda to have their claims processed, in a judgment that delivers a potential hammer blow to government policy.’
The Guardian, 29th June 2023
Source: www.theguardian.com
‘A woman who was jailed for stabbing her husband to death has lost a bid to bring a challenge against her conviction at the Court of Appeal.’
BBC News, 28th June 2023
Source: www.bbc.co.uk
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the “enhanced” investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the “interested persons”, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
UK Human Rights Blog, 28th June 2023
Source: ukhumanrightsblog.com
‘Two UK supermarket giants are at loggerheads in London’s High Court in a war over logos.’
The Independent, 26th June 2023
Source: www.independent.co.uk
‘In the case of Montgomery v Lanarkshire Health Board [2015] AC 1430, the Supreme Court drew a distinction between a doctor’s role when considering possible investigatory or treatment options and, their advisory role in discussing with a patient any risks of injury which may be involved in any recommended treatment and possible alternatives.’
Ropewalk Clinical Negligence Blog, 14th June 2023
Source: ropewalk.co.uk
‘Twenty years ago today, on 26 June 2003, each of the five Law Lords in Aston Cantlow v Wallbank [2004] 1 AC 546 gave separate, detailed opinions on a matter at the cusp of public law and private law. Was the Parochial Church Council (PCC) of a beautiful parish church in Warwickshire responsible for the cost of necessary repairs to its fabric, or were the owners of a neighbouring farm subject to chancel repair liability? The church of St John the Baptist, Aston Cantlow, some three miles outside Stratford-upon-Avon, dated from Saxon times. In the first Elizabethan era, it is where William Shakespeare’s parents were married. In the second Elizabethan era, it attracted a judicial inquiry into the very nature of the Church of England.’
UK Constitutional Law Association , 26th June 2023
Source: ukconstitutionallaw.org
© Inner Temple Library 2025