Man who killed banker with one punch cleared of murder – The Guardian
‘A man who killed a banker with a single punch has been cleared of murder.’
The Guardian, 22nd February 2017
Source: www.guardian.co.uk
Category: news
London borough demands greater powers over “lawless” shisha cafes – Local Government Lawyer
‘Local authorities must be given more powers to shut down unregulated shisha cafes as loopholes in Government legislation allow venues to reopen “virtually overnight”, Brent Council has said.’
Local Government Lawyer, 22nd February 2017
Source: www.localgovernmentlawyer.co.uk
Family of British IS bomber deny £1m compensation payout – BBC News
‘The family of a British IS fighter who carried out a suicide attack in Iraq deny he received £1m in compensation after being freed from Guantanamo Bay.’
BBC News, 22nd February 2017
Source: www.bbc.co.uk
Short Cuts – Stephen Sedley – London Review of Books
‘When the government decided to appeal to the Supreme Court against the High Court’s ruling that ministers could not lawfully use the royal prerogative to leave the EU, many lawyers, myself included, thought it a hopeless enterprise. A court of three judges – the Chief Justice, the Master of the Rolls and Lord Justice Sales (who had been standing counsel to the government when at the bar) – had held on cogently reasoned grounds that the prior authority of an Act of Parliament was required. Nevertheless the Supreme Court sat in full, all 11 members, to hear what even the sober Constitution Unit was calling the case of the century. Well, the appeal failed, and by a decisive margin of eight votes to three. But the margin conceals what was jurisprudentially a closer-run thing than the numbers suggest.’
London Review of Books, 2nd March 2017
Source: www.lrb.co.uk
Judge in ‘crash for cash case’ dismisses jury and takes case on himself after jurors were offered bribes outside the courtroom – Daily Telegraph
‘A judge used a rare legal power to dismiss a jury and take the case on himself after jurors said they were offered bribes outside the courtroom.’
Daily Telegraph, 22nd February 2017
Source: www.telegraph.co.uk
Courts bill: ‘viewing booths’ to preserve open justice – Law Society’s Gazette
‘Interested members of the public will be able to view ‘virtual’ court hearings from purpose-built booths in court buildings, the Prisons and Courts Bill states. The proposal is an attempt to counter threats to open justice by a courts system increasingly operating digitally. Court listings and case results will also be published online, a factsheet published by the Ministry of Justice says.’
Law Society’s Gazette, 23rd February 2017
Source: www.lawgazette.co.uk
Helen Bailey murder verdict: Fiance guilty of killing children’s author – The Independent
‘The partner of bestselling children’s author Helen Bailey has been convicted of drugging and killing her in a long-planned plot to get hold of her £3.3 million estate.’
The Independent, 22nd February 2017
Source: www.independent.co.uk
Whistleblowers endangered in digital age, says lawyers’ report – The Guardian
‘Whistleblowers need better legal protection because they are far easier to identify in the digital era and successive laws have undermined their status, according to a report by media lawyers.’
The Guardian, 22nd February 2017
Source: www.guardian.co.uk
Government presses ahead with whiplash reforms – but gives ground on other PI claims – Legal Futures
‘The small claims limit will rise to £5,000 for whiplash cases, but only £2,000 for other personal injury (PI) claims, the Ministry of Justice (MoJ) announced today in a bid “to crack down on the compensation culture epidemic” – less than seven weeks after its consultation closed.’
Legal Futures, 23rd February 2017
Source: www.legalfutures.co.uk
Prisons shakeup to give governors more control over rehabilitation – The Guardian
‘Prison governors are to be held to account for getting offenders off drugs, into jobs and learning English and maths under new powers to be detailed in the justice secretary’s flagship legislation to tackle the prison crisis.’
The Guardian, 23rd February 2017
Source: www.guardian.co.uk
First case dropped since forensic science blunders as CPS says it cannot proceed against drug driver following intervention from ‘Mr Loophole’ – Daily Telegraph
‘The first case linked to allegations of a forensic science blunder has been dropped after the CPS said it cannot proceed against a drug driver.’
Daily Telegraph, 22nd February 2017
Source: www.telegraph.co.uk
Motorist with 62 penalty points legally allowed to drive – BBC News
‘A driver who clocked up 62 points on his licence is still allowed to drive, the BBC has learned.’
BBC News, 23rd February 2017
Source: www.bbc.co.uk
Legal aid shakeup hands lifeline to domestic violence victims – The Guardian
‘Time limits preventing vulnerable victims of domestic violence from obtaining legal aid for court hearings are to be scrapped, the Ministry of Justice (MoJ) will announce.’
The Guardian, 23rd February 2017
Source: www.guardian.co.uk
Why pass FOI laws? The politics of freedom of information – The Constitution Unit
‘Why are there now more than 100 freedom of information laws around the world, even though they help opponents and hinder governments? In a new book, published this month by Manchester University Press, Ben Worthy investigates. He concludes that the main reason is that as a symbolic pledge in opposition FOI laws are hard to resist. Once in power these promises are hard to back down from, though experience suggests that proposed laws are often watered down before being enacted. These findings are summarised here.’
The Constitution Unit, 16th February 2017
Source: www.constitution-unit.com
Roadside Trees – Local Government Law
‘In Cavanagh v Witley Parish Council, Queen’s Bench Judgment on 14 February 2017, the Parish Council was found liable in negligence when a large mature lime tree on its land, with severe and extensive decay in the root system extending into the base of the trunk, fell across a road and onto a bus, causing the driver severe injury. It was a busy public road. The tree, which leant towards the road, and was over 20 metres high, was in a high risk position alongside the road, albeit, on cursory observation, in a healthy condition. It required regular inspection by a competent arboriculturalist. The Council’s three-yearly inspection policy with regard to its tree stock was “inadequate”. Inspection should have been more frequent. The Council had been advised to do the survey every two years. The local Borough Council had at the relevant time been operating a one-year inspection in respect of trees in high-risk areas, including apparently healthy trees.’
Local Government Law, 21st February 2017
Miller and the modern British Constitution – Counsel
‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’
Counsel, March 2017
Source: www.counselmagazine.co.uk
Lessons in understanding: Unfairness and Estoppel by Convention in the Upper Tribunal – Hardwicke Chambers
‘Towards the end of last year, the Upper Tribunal (“UT”) handed down decisions in two cases involving estoppel by convention:
Admiralty Park Management Ltd v Ojo [2016] UKUT 0421 (LC) 8 September 2016 (“Ojo”); and
Bucklitsch and anor v Merchant Exchange Management Company Limited [2016] UKUT 0527 (LC) 13 December 2016 (“Bucklitsch”).’
Hardwicke Chambers, 18th January 2017
Source: www.hardwicke.co.uk
Rise of third party funding: a growing international consensus – Hardwicke Chambers
‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’
Hardwicke Chambers, 25th January 2017
Source: www.hardwicke.co.uk
Cloisters column part two – ‘Premature Labelling? A child-centred approach to questions of gender identity’ – Cloisters
‘This is part two of a two-part series on trans rights from leading equality and human rights barrister Claire McCann at Cloisters. Part one explores toilets and gender identity.’
Cloisters, 14th February 2017
Source: www.cloisters.com
Family Court proceedings: gender reassignment and ultra-orthodox Judaism – Cloisters
‘Claire McCann, an expert on trans equality, analyses the competing arguments in the Family Court’s recent assessment of the children’s “best interests” in the unusual context of a transgender parent and the Charedi Jewish community in North Manchester.’
Cloisters, 1st February 2017
Source: www.cloisters.com
