‘A pre-action protocol letter has been sent to the Government calling on it to reconsider the policy that all citizens are only permitted to leave the house for exercise once per day.’
Local Government Lawyer, 1st April 2020
Source: www.localgovernmentlawyer.co.uk
‘In the post published yesterday, I explained that under Part 2A of the Public Health (Control of Diseases) Act 1984, UK and Welsh ministers can make regulations to protect public health that can impose ‘special restrictions’ on persons, things and premises. They can impose such restrictions in the same way that Justices of the Peace may do against individuals and groups. However, there are four exceptions to that general rule (section 45D(3)). The general regulation-making powers cannot be used to force a person to (a) submit to medical examination; be (b) removed to or (c) detained in a hospital or similar establishment, or, and mostly notably, (d) ‘be kept in isolation or quarantine.’ The rationale for the exclusions seems to be that these highly invasive things must be done on a case-by-case (i.e. person or group) instead of community-wide basis.’
UK Constitutional Law Association, 2nd April 2020
Source: ukconstitutionallaw.org
‘The Crown Prosecution Service conducted a secret internal review that exposed its failings in rape cases – but failed to share it with inspectors who were conducting an official inquiry for a major government investigation into rape, the Guardian can reveal.’
The Guardian, 15th March 2020
Source: www.theguardian.com
‘A failure to spend the totality of a budgeted figure for a phase because of settlement is not in itself a good reason to depart from a costs budget, a regional costs judge has ruled.’
Litigation Futures, 6th March 2020
Source: www.litigationfutures.com
‘This was an application by the claimant, Conversant Wireless Licensing SARL for disclosure of the licence agreements and assignments relating to 3G and 4G patents that had been entered by the defendants, Huawei Technologies Co Ltd., ZTE (UK) Limited and their British subsidiaries. Substantially the same application had been made to His Honour Judge Hacon at the case management conference in the action which took place in July 2019. The later application was heard by Mr Justice Birss who delivered judgment in Conversant Wireless Licensing SARL v Huawei Technologies Co. Ltd and others [2020] EWHC 256 (Pat) on 10 Feb 2020. The reference to the CMC in the transcript of Mr Justice Birss’s judgment is [2009] EWHC 1982 (Pat) but I think that must be a misprint for [2019].’
NIPC Law, 22nd February 2020
Source: nipclaw.blogspot.com
‘Bromley LBC had secured a without notice interim injunction in the High Court which prohibited encampment and entry/occupation in relation to all accessible public spaces in the Borough except cemeteries and highways. These amounted to 139 parks, recreation grounds or open spaces, and 32 public car parks. Although the injunction was against “persons unknown”, it was widely understood that the injunction was aimed at the Gypsy and Traveller community.’
No. 5 Chambers, 12th February 2020
Source: www.no5.com
‘The impact on rape victims of police seizures of their mobile phones is to be examined as the Metropolitan police begin piloting a data inspection system designed to limit invasion of privacy.’
The Guardian, 16th February 2020
Source: www.theguardian.com
‘Over the last few years, there has been a real growth in “all borough” injunctions against anticipated trespass by gypsies and travellers. As far as the Court of Appeal could tell, there seem to be 38 presently in force. For obvious reasons, once one authority obtains such an injunction, the pressure builds on other authorities to do likewise. Moreover, because the injunctions are usually sought against “persons unknown” there are rarely, if ever, any represented defendants.’
Nearly Legal, 26th January 2020
Source: nearlylegal.co.uk
‘The Court of Appeal has dismissed an appeal by the London Borough of Bromley over a High Court judge’s refusal to grant a borough-wide injunction on encampment at all accessible public spaces in the council’s area.’
Local Government Lawyer, 21st January 2020
Source: www.localgovernmentlawyer.co.uk
‘Local authorities who attempt to ban Travellers and Gypsies from vast swathes of public land risk breaching their “enshrined freedom” to roam the country, a court has ruled.’
Each Other, 21st January 2020
Source: eachother.org.uk
‘As in previous years, the courts in 2019 were particularly concerned with Theresa May’s attempts as Home Secretary to codify the Article 8 proportionality exercise into legislation. Those changes have had a significant impact on the approach of tribunals to appeals against deportation and removal on grounds of private and family life. Judges now have to apply a series of prescribed tests under the immigration rules, before going on to consider whether there are exceptional circumstances requiring a grant of leave.’
UK Human Rights Blog, 17th January 2020
Source: ukhumanrightsblog.com
‘Today (Friday 10 January) the Home Office is introducing legislation that will shake up how complaints made against the police are handled and improve the discipline system for officers.’
Home Office, 10th January 2020
Source: www.gov.uk/home-office
‘Islam Khan discusses a recent Court Of Appeal case in an immigration matter shifting the test on proportionality on Human Rights cases.’
Church Court Chambers, 3rd December 2019
Source: churchcourtchambers.co.uk
‘The Court of Appeal has allowed an appeal brought by a great-aunt from care and placement orders made by a judge at the conclusion of proceedings concerning a two-year-old boy, J.’
Local Government Lawyer, 19th November 2019
Source: www.localgovernmentlawyer.co.uk
‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’
Nearly Legal, 31st October 2019
Source: nearlylegal.co.uk
‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’
No. 5 Chambers, 10th October 2019
Source: www.no5.com
‘The court outlined the principles applying to self-employed drivers whom hire replacement vehicles whilst their own is off the road as a result of a road traffic accident. The true measure of loss is the loss of profit suffered whilst their own, damaged vehicle is reasonably off the road. Hire costs of replacement vehicles are prima facie recoverable, but where the cost of hire significantly exceeds the loss of profit, the court will ordinarily limit damages to the lost profit unless the claimant can establish that they had acted reasonably.’
Park Square Barristers, 24th October 2019
Source: www.parksquarebarristers.co.uk
‘HMRC is facing a legal battle to block it from handing personal details about British citizens to US tax authorities. The case could have wide-ranging implications for tens of thousands of so-called accidental Americans who left the US when they were months or years old but risk having their British bank accounts frozen for failing to comply with the US tax requirements.’
The Guardian, 12th September 2019
Source: www.theguardian.com
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