‘A High Court judge has suggested it would be “unjust” for a defendant to be held to a six-year-old Part 36 offer accepted hours before the claimant died.’
Law Society's Gazette, 21st April 2021
Source: www.lawgazette.co.uk
‘Boris Johnson’s government takes the view that ours is a time of judicial overreach, necessitating redress in terms of the balance of judicial and executive power. This seems to have been driven by a number of high-profile cases, certain vocal thinktanks which appear to have the ear of government, and a wider constitutional prospectus of enhancing executive power to the detriment of the other branches of state. An endless series of projects and proposals have emerged, designed to remedy the perception of an overmighty judiciary. The Independent Review of Administrative Law, established with a view to curbing the perceived excesses of judicial review, reported recently in relatively tame terms, only to be swiftly followed by a further set of proposals. The Independent Human Rights Act Review potentially paves the way for satiation of long-held Conservative fantasies of amending the Human Rights Act. There are also, if leaks are to be believed, proposals to reform the UK Supreme Court.’
UK Constitutional Law Association, 21st April 2021
Source: ukconstitutionallaw.org
‘The conviction of a US police officer for murdering George Floyd has reignited calls to tackle racial injustice in British law enforcement, with campaigners calling for an end to a “culture of impunity”.’
The Guardian, 21st April 2021
Source: www.theguardian.com
‘A group of former sub-postmasters and sub-postmistresses, who say they were victims of a massive miscarriage of justice, are awaiting a ruling by the Court of Appeal.’
BBC News, 22nd April 2021
Source: www.bbc.co.uk
‘A relatively small change to section 172 of the UK’s Companies Act 2006 could have a transformative impact on company law, directors’ duties, corporate governance, businesses and, ultimately, the economy, society, and the environment.’
OUT-LAW.com, 20th April 2021
Source: www.pinsentmasons.com
‘The law requires medical practitioners to use diligence, care, knowledge, skill and caution in administering treatment to a patient. The question of whether a medical practitioner has met the requisite standard of care is often considered by reference to the test laid down in the case of Bolam v Friern Hospital Management Committee [1957] WLR 582. In Bolam, the Claimant sustained fractures of the acetabula during a course of electro-convulsive therapy administered to him at the Defendant’s mental hospital. In considering whether the Defendant was negligent in the manner in which it carried out the treatment, McNair J confirmed that: “the true test of establishing negligence in diagnosis or treatment on the part of a doctor was whether … he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art” (p.587). As case law has developed, so have the principles underpinning the issue of breach of duty in medical negligence cases. This has led to a recognition that the Bolam test is not appropriate to apply in every case.’
Ropewalk Clinical Negligence Blog, 20th April 2021
Source: www.ropewalk.co.uk
‘The Constitution Unit has jointly written a briefing to all MPs – summarised in a letter in the Times published on 21 April 2021 – with the Hansard Society, Public Law Project and Bingham Centre for the Rule of Law warning that parliamentary accountability and control over decisions have diminished to a degree that would have been unthinkable before COVID-19. Individual MPs have also been shut out of participation, and the vast majority of Commons votes are now held by party whips.’
UCL Constitution Unit, 21st April 2021
Source: www.ucl.ac.uk
‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’
Litigation Futures, 21st April 2021
Source: www.litigationfutures.com
‘Professor Stephen Mayson has hit back at a report by the Boston Consulting Group questioning the impact of the Legal Services Act 2007.’
Legal futures, 21st April 2021
Source: www.legalfutures.co.uk
‘An accountant who defrauded the NHS, companies, and individuals out of more than £1.3 million has been jailed recently (15 April 2021) for multiple counts of fraud and theft.’
Crown Prosecution Service, 19th April 2021
Source: www.cps.gov.uk
‘Women’s History Month: Justice Zainab Jawara Alami shares her experiences as a female judge.’
Courts and Tribunals Judiciary, 20th April 2021
Source: www.judiciary.uk
‘Brexit could bolster the UK’s relationship with common law jurisdictions such as New Zealand and Canada as the legal system diverges from that of Europe, a Supreme Court justice has said.’
Law Society's Gazette, 20th April 2021
Source: www.lawgazette.co.uk
‘A report prepared by magic circle firm Freshfields into the alleged rape of a bank employee was not covered by legal privilege, according to an employment tribunal ruling that has now been made public.’
Law Society's Gazette, 21st April 2021
Source: www.lawgazette.co.uk
‘The City regulator has warned social media sites that it may take action if they continue to promote risky and sometimes fraudulent investments to often inexperienced consumers.’
The Guardian, 20th April 2021
Source: www.theguardian.com
‘Police in some areas of Britain have “increased the number of crimes they decided not to investigate” during the coronavirus pandemic, a watchdog has revealed.’
The Independent, 20th April 2021
Source: www.independent.co.uk
‘The mother of a man who died after suffering neglect said she felt “extreme distress and anger” at a critical new report into his care home.’
BBC News, 21st April 2021
Source: www.bbc.co.uk
‘The British government’s former top lawyer has called for urgent changes to the way coronavirus laws are made after a year without any “meaningful parliamentary debate or scrutiny”.’
The Independent, 20th April 2021
Source: www.independent.co.uk
‘TikTok is facing a legal challenge from former children’s commissioner for England Anne Longfield over how it collects and uses children’s data.’
BBC News, 21st April 2021
Source: www.bbc.co.uk
‘The Legal Services Act 2007 has only delivered “a few of the benefits typically associated with deregulation”, a report by Boston Consulting Group (BCG) has concluded.’
Legal Futures, 20th April 2021
Source: www.legalfutures.co.uk
© Inner Temple Library 2021