‘A severely disabled child who was forced to go into hotel quarantine after returning from a “red list” country has been allowed to return home to complete their period of self-isolation after a legal challenge.’
The Guardian, 5th May 2021
Source: www.theguardian.com
‘A judge in the Family Division of the High Court has revoked adoption orders for an 18 year old (A) and a 16 year old (B) after concluding that there were “compelling highly exceptional and particular circumstances” that supported such a step.’
Local Government Lawyer, 5th May 2021
Source: www.localgovernmentlawyer.co.uk
‘What a High Court judge said yesterday were among “the most serious allegations ever levelled against English solicitors in civil proceedings” will be heard in January 2023, he has decided.’
Legal Futures, 6th May 2021
Source: www.legalfutures.co.uk
‘A girl has lost a High Court battle to prevent her school from “requiring or encouraging” pupils to wear a face mask.’
BBC News, 5th May 2021
Source: www.bbc.co.uk
‘The Duchess of Sussex has won her copyright claim over a personal letter to her estranged father, which, the high court heard, she had drafted on her iPhone and worked on for many hours before transcribing by hand.’
The Guardian, 5th May 2021
Source: www.theguardian.com
‘The Government adopted a recommendation of the Independent Review of Administrative Law that Cart judicial reviews should be abolished. The reasons given by the Review for that recommendation have been criticised on this blog by Joe Tomlinson & Alison Pickup and by Joanna Bell. The Review (and the Government) claimed that there is only a 0.22% rate of success in Cart judicial reviews (“Cart JRs”), which makes the expenditure of judicial resources on dealing with Cart claims disproportionate. Tomlinson & Pickup and Bell noted that this figure is almost certainly incorrect, but they were not able to say what the true rate of success is due to the unavailability of necessary data. To address that, I conducted an unprecedented empirical study concluding that the success rate of Cart reviews is at least over ten times higher than the Review’s calculation. Here, I briefly summarize the results of my study and argue that in the light of that evidence the Government should propose to put the Cart procedure on a statutory footing, but not abolish it.’
UK Constitutional Law Association, 5th May 2021
Source: ukconstitutionallaw.org
‘A client who retained shares as part of a settlement but did not recover anything from the other party was not liable to pay his solicitors anything under a damages-based agreement (DBA), the High Court has ruled.’
Litigation Futures, 4th May 2021
Source: www.litigationfutures.com
‘Campaigners say they are concerned about the low number of compensation payments to victims of the Windrush scandal.’
BBC News, 4th May 2021
Source: www.bbc.co.uk
‘Immigration and civil litigation were the two areas of legal practice hit hardest by the pandemic last year, with private client and family law “insulated” from the impact, new research has found.’
Legal Futures, 5th May 2021
Source: www.legalfutures.co.uk
‘Pret A Manger has been found not guilty of a food safety offence after a student suffered a severe allergic reaction.’
BBC News, 4th May 2021
Source: www.bbc.co.uk
‘More victims of trafficking will be locked up in detention and forcibly removed from the UK after MPs approved a change in Home Office rules relating to this vulnerable group, campaigners have warned.’
The Guardian, 5th May 2021
Source: www.theguardian.com
‘In this episode, Rosalind English discusses with Sarabjit Singh and Isabel McArdle of 1 Crown Office Row a number of laws containing “Henry VIII” powers which allow ministers to avoid full parliamentary debate.’
Law Pod UK, 4th May 2021
Source: audioboom.com
‘A Russian entrepreneur based in the UK with “strong views on the importance of breastfeeding” unfairly dismissed a lawyer after she took maternity leave, an employment tribunal has ruled.’
Legal Futures, 5th May 2021
Source: www.legalfutures.co.uk
‘A legal loophole that allows 16- and 17-year-olds in England and Wales to marry with parental consent is being exploited and used to coerce young people into child marriage, campaigners have warned.’
The Guardian, 4th May 2021
Source: www.theguardian.com
‘A woman who murdered and concealed the remains of her former friend in two suitcases has been jailed.’
BBC News,4th May 2021
Source: www.bbc.co.uk
‘The police watchdog has been threatened with legal action for refusing to investigate whether the conduct of officers who restrained a man for a significant period of time committed a criminal offence or that their behaviour amounts to misconduct.’
The Guardian, 4th May 2021
Source: www.theguardian.com
‘Istvan Horvarth started working at the Lidl store in Telford Hadley, Shropshire, in 2013. A colleague complained that Horvarth showed him his “swastika” tattoo and in April 2019 Horvarth was sacked. In Mr I Horvarth v Lidl Great Britain Ltd [2021] ET/ 1307164/2019, he claimed unfair dismissal and discrimination based on race and/or religion or belief. He also claimed that he had been subjected to a number of incidents of harassment related to his race from approximately 2016 onwards, immediately following the Brexit referendum [3]. Following two case management hearings before Employment Judge Flood, he withdrew his claims of discrimination based on religion and/or belief and they were dismissed in a judgment dated 22 May 2020 [2].’
UK Law & Religion, 30th April 2021
Source: lawandreligionuk.com
‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’
Ropewalk Clinical Negligence Blog, 29th April 2021
Source: www.ropewalk.co.uk
‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’
UK Constitutional Law Association, 4th May 2021
Source: ukconstitutionallaw.org
‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’
UK Human Rights Blog, 29th April 2021
Source: ukhumanrightsblog.com
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