‘A recent decision from the High Court in Chief Constable of Thames Valley v Police Misconduct Panel [2017] EWHC 923 (Admin) says that misconduct panels can now be judicially reviewed by Chief Constables – but gives rise to a number of new and potentially awkward questions.’
UK Police Law Blog, 22nd May 2017
Source: www.ukpolicelawblog.com
‘FB v. Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334, 12 May 2017, Court of Appeal. FB fell ill with meningitis when she was just one. The illness was diagnosed too late, and she suffered brain damage. This appeal was against the judge’s dismissal of the claim against the hospital, where she was seen, some time before she was admitted and the infection treated. All agreed that avoiding the time between being seen and being admitted could have led to the brain damage being avoided.’
UK Human Rights Blog, 22nd may 2017
Source: www.ukhumanrightsblog.com
‘British Airways (BA) has lost a High Court case against a decision by pension scheme trustees to make discretionary payments to thousands of airline workers.’
OUT-LAW.com, 22nd May 2017
Source: www.out-law.com
‘The three appeals to the Employment Appeal Tribunal in cases including Focus Care Agency Ltd v Roberts, UKEAT/0143/16/DM, consider the proper approach to the question whether employees who “sleep-in” in order to carry out duties if required engage in “time-work” for the full duration of the night shift, or whether they are entitled to the National Minimum Wage, under the National Minimum Wage Act 1998 and the National Minimum Wage Regulations 1999 and 2015, only when they are awake and carrying out relevant duties.’
Local Government Law, 22nd May 2017
‘A lettings agent that claimed that it was unaware a property was a house in multiple occupation (HMO) has lost its appeal over a £20,000 fine.’
Local Government Lawyer, 22nd May 2017
Source: www.localgovernmentlawyer.co.uk
‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’
Litigation Futures, 23rd may 2017
Source: www.litigationfutures.com
‘Safety improvements were not made at a prison with the highest suicide rate in England and Wales despite a spate of deaths, a psychiatrist has told the BBC.’
BBC news, 22nd May 2017
Source: www.bbc.co.uk
‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’
Courts and Tribunals Judiciary, 22nd May 2017
Source: www.judiciary.gov.uk
‘A pregnant Muslim woman suffered a miscarriage after a racist thug kicked her in the stomach during a supermarket row, a court heard. Jailing David Gallacher for three years and seven months for the attack , Judge Francis Sheridan described him as a “shabby racist” and told him “This country will not bow to the views of racists.” ‘
Daily Telegraph, 22nd May 2017
Source: www.telegraph.co.uk
‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’
BBC News, 22nd May 2017
Source: www.bbc.co.uk
‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’
Free Movement, 19th May 2017
Source: www.freemovement.org.uk
‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’
Free Movement, 22nd May 2017
Source: www.freemovement.org.uk
‘Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36. Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her of when she was imprisoned in Iran (though she did say it would have been suitable as temporary accommodation). She had had a panic attack on viewing the property. RBKC found the property was suitable and reasonable to accept on review, upheld on appeal and in the court of appeal.’
Nearly Legal, 21st May 2017
Source: www.nearlylegal.co.uk
‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’
Nearly Legal, 21st May 2017
Source: www.nearlylegal.co.uk
‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’
Daily Telegraph, 20th May 2017
Source: www.telegraph.co.uk
‘A man who fled to Pakistan after raping a teenage girl has been jailed after he was caught trying to return to the UK.’
BBC News, 21st May 2017
Source: www.bbc.co.uk
‘A scientist who lost three fingers when a suspicious package exploded as he handled it has been compensated by the Ministry of Defence.’
BBC News, 21st May 2017
Source: www.bbc.co.uk
‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’
Local Government Lawyer, 19th May 2017
Source: www.localgovernmentlawyer.co.uk
‘The head of the Metropolitan police’s anti-knife initiative, Operation Sceptre, has admitted past failures in engaging with communities most affected by youth violence, amid criticism of the force’s latest strategy to tackle the problem. But DCS Michael Gallagher said that for the latest phase of its strategy to reduce knife crime – launched after recent police figures showing a rise of 24% in the past year in London – the Met was ready to work with civil society groups to find joint solutions to the problem.’
The Guardian, 21st May 2017
Source: www.guardian.co.uk
