Co-op fined for wet floor slip death in Truro shop – BBC News
‘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
Category: news
No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement
‘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
UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement
‘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
Homeless duties, human rights and suitability decisions – Nearly Legal
‘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
Regrette rien – Nearly Legal
‘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
Baby deaths linked to lack of basic midwife training – Daily Telegraph
‘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
Rapist who fled to Pakistan is jailed for nine years – BBC News
‘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
Afghanistan blast scientist Lee Peters receives MoD payout – BBC News
‘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
Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer
‘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
Police failed to engage with public, Met knife campaign chief admits – The Guardian
‘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
Victims of slavery and human trafficking ‘abandoned’ as soon as they are identified – The Independent
‘Hundreds of slavery victims in the UK are being “abandoned” by the authorities as soon as they are identified, placing them at risk of falling straight back into the hands of traffickers, experts have warned.’
The Independent, 22nd May 2017
Source: www.independent.co.uk
RBS in 11th-hour bid to avert court case brought by thousands of investors – The Guardian
‘Royal Bank of Scotland has made a last-ditch effort to avert a high-profile court case brought by thousands of investors who claim they were misled into buying the bank’s shares in the runup to its taxpayer bailout.’
The Guardian, 22nd May 2017
Source: www.guardian.co.uk
When can a tribunal be forced to pay the costs of judicially reviewing it? – Free Movement
‘“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient.’
Free Movement, 18th May 2017
Source: www.freemovement.org.uk
Judgment shows value of injunctions during ongoing disputes, says expert – OUT-LAW.com
‘Three oil mining companies have been held in contempt of court by a High Court judge after they breached an injunction preventing certain commercial activities while arbitration was ongoing.’
OUT-LAW.com, 18th May 2017
Source: www.out-law.com
Court criticises party for ‘completely unrealistic’ view of other side’s costs – OUT-LAW.com
‘A High Court judge has accused costs lawyers of “abuse of the cost budgeting process” following an “unjustifiably low” estimate of the other side’s costs.’
OUT-LAW.com, 18th May 2017
Source: www.out-law.com
Medical privacy – Panopticon
‘Do clinicians treating a patient with Huntington’s Disease have a duty to disclose the diagnosis to the patient’s daughters? Arguably so, says the Court of Appeal in ABC v St George’s Healthcare NHS Foundation Trust (2017) EWCA Civ 336.’
Panopticon, 17th may 2017
Source: www.panopticonblog.com
Will genetically-informed medicine upend medical confidentiality? – UK Human Rights Blog
‘ABC v St George’s Healthcare NHS Trust and Others [2017] EWCA Civ 336. In a fascinating twist to the drama of futuristic diagnosis, the Court of Appeal has allowed an argument that doctors treating a Huntington’s patient should have imparted information about his diagnosis to his pregnant daughter to go to trial.’
UK Human Rights Blog, 17th May 2017
Source: www.ukhumanrightsblog.com
Not “wrong in law” for judges to change transcripts – Litigation Futures
‘It is not “wrong in law” for judges to amend transcripts of judgments to better explain the reasons behind their decisions, the High Court has held.’
Litigation Futures, 19th May 2017
Source: www.litigationfutures.com
