Category: immunity

Wembridge Claimants and others v Winter and others – WLR Daily

Posted August 6th, 2013 in emergency services, fire services, health & safety, immunity, law reports, news, personal injuries by sally

Wembridge Claimants and others v Winter and others [2013] EWHC 2331 (QB); [2013] WLR (D) 334

“Regulations pertaining to health and safety in the workplace made pursuant to the Health and Safety at Work etc Act 1974 applied to fire and rescue services and were capable of amending duties under existing statutory provisions so that a breach of the regulations by a fire service employer would be actionable, save where it was expressly provided otherwise.”

WLR Daily, 30th July 2013

Source: www.iclr.co.uk

Singh v Reading Borough Council – WLR Daily

Posted July 29th, 2013 in appeals, constructive dismissal, immunity, law reports, local government, news, race discrimination, striking out, teachers, witnesses by sally

Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

No witness immunity for the Forensic Science Service – UK Human Rights Blog

Posted July 16th, 2013 in appeals, deceit, human rights, immunity, negligence, news, witnesses by sally

“There was evidence in this case that employees of the Forensic Science Service had altered the exhibit numbers on the evidence in question, possibly to cover up their mistake.”

Full story

UK Human Rights Blog, 15th July 2013

Source: www.ukhumanrightsblog.com

Apex Global Management Ltd v Fi Call Ltd and others – WLR Daily

Posted June 13th, 2013 in appeals, conflict of laws, immunity, law reports, royal family by sally

Apex Global Management Ltd v Fi Call Ltd and others [2013] EWCA Civ 642; [2013] WLR (D) 228

“The phrase ‘members of his family forming part of his household’ in section 20(1)(b) of the State Immunity Act 1978 should not be given a wider meaning in relation to heads of state than it had in relation to diplomats. Thus a head of state’s ‘household’ was restricted to spouses, civil partners, dependent children and relatives.”

WLR Daily, 11th June 2013

Source: www.iclr.co.uk

Saudi princes fail to win sovereign immunity in UK court case – The Guardian

Posted May 16th, 2013 in appeals, immunity, news, reporting restrictions, royal family by sally

“Two senior Saudi princes have failed to extract themselves from English justice after the court of appeal upheld a ruling that they are not entitled to sovereign immunity in a case involving their London-based business interests.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Apex Global Management Ltd v FI Call Ltd and others – WLR Daily

Posted March 26th, 2013 in conflict of laws, immunity, law reports, royal family by sally

Apex Global Management Ltd v FI Call Ltd and others [2013] EWHC 587 (Ch); [2013] WLR (D) 111

On the proper construction of section 20(1)(b) of the State Immunity Act 1978, whilst an adult member of a sovereign’s or head of state’s family exercising royal or presidential, constitutional and representational functions could be regarded in some circumstances as a member of the sovereign’s or head of state’s household, even though he or she lived apart from the sovereign or head of state, such a situation would be rare, and would be likely to be restricted to the case of a regent, heir to the throne or a person broadly exercising the sovereign’s or head of state’s functions in a full time capacity on his behalf.

WLR Daily, 19th March 2013

Source: www.iclr.co.uk

Saudi princes warn of damage to UK relations if allegations emerge in trial – The Guardian

Posted February 14th, 2013 in appeals, disclosure, immunity, news, royal family, shareholders by sally

“Relations between the UK and Saudi Arabia will suffer if what are said to be highly damaging allegations about business deals surface during a London trial, lawyers for two Saudi princes have warned the high court.”

Full story

The Guardian, 13th February 2013

Source: www.guardian.co.uk

Lord McAlpine and libel reform – The Guardian

Posted November 14th, 2012 in bills, defamation, immunity, media, news, public interest by sally

“What the Newsnight debacle can tell us about proposed changes to defamation law.”

Full story

The Guardian, 14th November 2012

Source: www.guardian.co.uk

“Locked-in” sufferer’s challenge to ban on voluntary euthanasia fails in the high court – UK Human Rights Blog

Posted August 16th, 2012 in assisted suicide, doctors, euthanasia, human rights, immunity, news by sally

“Lord Justice Toulson, sitting with Mrs Justice Royce and Mrs Justice Macur, has handed down judgment in the case of Tony Nicklinson and that of another ‘locked-in’ syndrome sufferer, ‘Martin’. On all the issues, they have deferred to parliament to take the necessary steps to address the problems created by the current law of murder and assisted suicide.”

Full story

UK Human Rights Blog, 16th August 2012

Source: www.ukhumanrightsblog.com

Locked-in syndrome victims lose ‘right to die’ case – The Guardian

Posted August 16th, 2012 in assisted suicide, doctors, euthanasia, immunity, news by sally

“Two victims of locked-in syndrome, including Tony Nicklinson who has sought to be able to end his ‘dull, miserable, demeaning, undignified and intolerable’ life, have lost their high court battle to die with medical help.”

Full story

The Guardian, 16th August 2012

Source: www.guardian.co.uk

Wokuri v Kassam – WLR Daily

Posted February 1st, 2012 in conflict of laws, diplomats, employment, immunity, law reports, news by sally

Wokuri v Kassam [2012] EWHC 105 (Ch); [2012] WLR (D) 13

“A diplomatic agent who had left a mission continued to enjoy immunity in respect of acts performed by him or her in the exercise of his or her functions as a member of that mission within the meaning of article 39(2) of the Vienna Convention on Diplomatic Relations (1961) as scheduled to the Diplomatic Privileges Act 1964. The residual immunity under article 39(2) was, however, less extensive than that enjoyed by a serving diplomat. The former diplomat would not necessarily have immunity in relation to claims by employees carrying out domestic duties.”

WLR Daily, 30th January 2012

Source: www.iclr.co.uk

Wiltshire ‘right to die’ man seeks High Court ruling – BBC News

Posted November 29th, 2011 in disabled persons, euthanasia, immunity, news by sally

“A severely disabled man from Wiltshire is to ask the High Court to allow a doctor to end his life.”

Full story

BBC News, 29th November 2011

Source: www.bbc.co.uk

Keynote address – EWI Annual Conference 2011 – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Posted October 6th, 2011 in evidence, expert witnesses, immunity, speeches by sally

Keynote address – EWI Annual Conference 2011 (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

EWI Annual Conference, 5th October 2011

Source: www.judiciary.gov.uk

#WithoutPrejudice Podcast 3: Libel – Hyperinjunctions – Lautsi v Italy – Expert immunity – Interns – Silk? – Charon QC

Posted April 7th, 2011 in defamation, expert witnesses, immunity, injunctions, podcasts, privacy by sally

“Welcome to the third episode of Without Prejudice: Tonight, I am afraid, I can’t tell you about our guest… in fact, the superinjunction is so harsh, I can neither confirm nor deny the existence of a guest… but…. I can tell you that David Allen Green and Carl Gardner are at the table…. waiting to discuss libel, privacy, hyperinjunctions, Rough Justice – Miscarriages of Justice, The Lautsi v Italy crucifix case, and we may even have time to discuss expert immunity from suit…and interns.”

Podcast

Charon QC, 6th April 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

After supreme court decision, will other witnesses remain immune? – The Guardian

Posted April 1st, 2011 in expert witnesses, immunity, news by sally

“Now that the highest appeal court has ruled that expert witness can now be sued for negligence, the immunity of officers who give evidence is called into question.”

Full story

The Guardian, 31st March 2011

Source: www.guardian.co.uk

Jones v Kaney – WLR Daily

Posted March 31st, 2011 in expert witnesses, immunity, law reports, Supreme Court by sally

Jones v Kaney [2011] UKSC 13;  [2011] WLR (D)  109

“The immunity from suit for breach of duty that expert witnesses had previously enjoyed in relation to their participation in legal proceedings should be abolished.”

WLR Daily, 30th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Expert witness immunity removed – The Independent

Posted March 30th, 2011 in expert witnesses, immunity, news, Supreme Court by sally

“Expert witnesses have lost their 400-year-old immunity from being sued in the civil courts.”

Full story

The Independent, 30th March 2011

Source: www.independent.co.uk

E-commerce Regulations updated to exempt ISPs from hate speech charges – OUT-LAW.com

Posted January 14th, 2010 in electronic commerce, homosexuality, immunity, inciting religious hatred, internet, news by sally

“The Government has published Regulations that will absolve internet service providers (ISPs) and other digital service providers of responsibility for religion or sexuality-related hate speech transmitted over their networks.”

Full story

OUT-LAW.com, 14th January 2010

Source: www.out-law.com

Iraq inquiry: witnesses could be given immunity from prosecution – Daily Telegraph

Posted November 24th, 2009 in immunity, inquiries, Iraq, news by sally

“Witnesses at the inquiry into the Iraq war could be offered immunity from prosecution in exchange for their testimony.”

Full story

Daily Telegraph, 24th November 2009

Source: www.telegraph.co.uk

War crime suspects may see UK immunity loophole closed – The Observer

Posted July 6th, 2009 in genocide, immunity, news, war crimes by sally

“There has been a huge increase in action against suspected war criminals by the UK authorities, the Guardian has learned, as anti-genocide campaigners await an announcement on Tuesday on whether the government will act to end immunity for genocide suspects.”

Full story

The Observer, 5th July 2009

Source: www.http://observer.guardian.co.uk/