Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk

Posted May 11th, 2020 in chambers articles, delay, limitations, news, sexual offences by sally

‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’

Full Story

12 King's Bench Walk, 1st May 2020

Source: www.12kbw.co.uk

Guy Delph: ‘Manipulative’ child rapist jailed for life – BBC News

‘A “manipulative” child rapist who shared his abuse images with his uncle has been given a life sentence.’

Full Story

BBC News, 7th May 2020

Source: www.bbc.co.uk

R (Simon Halabi) v The Crown Court at Southwark and others – Blackstone Chambers

‘The Divisional Court has handed down judgment in an important case concerning whether the regime for the imposition of notification requirements on sexual offenders is compatible with rights under Article 8 ECHR.’

Full Story

Blackstone Chambers, 1st May 2020

Source: www.blackstonechambers.com

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

Full Story

Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

Women launch legal action to stop military courts trying UK rape cases – The Guardian

‘Three women serving in the armed forces have begun legal action aimed at preventing the military courts from trying UK rape cases, complaining that the conviction rate is five to six times lower than in civilian courts.’

Full Story

The Guardian, 3rd April 2020

Source: www.theguardian.com

SRA paralegal banned after child offences conviction – Legal Futures

‘A paralegal who was working at the Solicitors Regulation Authority (SRA) has been banned from the profession after being jailed for online sexual offences involving children.’

Full Story

Legal Futures, 1st May 2020

Source: www.legalfutures.co.uk

Domestic abuse prosecutions fell by 24% at end of 2019 – The Guardian

‘The number of domestic abuse prosecutions fell by almost a quarter in the last three months of 2019, compared to the previous year, according to quarterly figures released by the Crown Prosecution Service. Rape prosecutions also fell 23% in the last three months of 2019 compared to a year prior, maintaining a historic low.’

Full Story

The Guardian, 30th April 2020

Source: www.theguardian.com

Supply teacher jailed for sexually assaulting six girls at primary school – The Guardian

Posted April 28th, 2020 in child abuse, news, school children, sentencing, sexual offences, teachers by sally

‘A supply teacher has been jailed for eight and a half years for sexually assaulting six girls at a primary school in North Yorkshire, two years after similar allegations were dropped.’

Full Story

The Guardian, 27th April 2020

Source: www.theguardian.com

Coronavirus: Internet child abuse images ‘not being deleted’ – BBC News

‘Coronavirus has led to a “global slowdown” in the removal of internet child abuse images, say campaigners.’

Full Story

BBC News, 27th April 2020

Source: www.bbc.co.uk

Vicarious Liability: whose liability is it anyway? – 4 New Square

‘On 1 April 2020 the Supreme Court handed down judgment in Barclays Bank plc v Various Claimants [2020] UKSC 13 (“Barclays”) and MW Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (“Morrison”) – the latest in the recent line of cases focussed on the nature, scope and development of the doctrine of vicarious liability.’

Full Story

4 New Square, 20th April 2020

Source: www.4newsquare.com

Rowing back on vicarious liability – Law Society’s Gazette

‘Two judgments from the Supreme Court have set restrictions on the scope of vicarious liability. In Barclays Bank v Various Claimants [2020] UKSC 13 the test was whether the tortfeasor was in fact the ‘employee’ of the employer. The claimants alleged that they had suffered sexual abuse by a GP hired by the bank to carry out medical assessments of employees.’

Full Story

Law Society's Gazette, 20th April 2020

Source: www.lawgazette.co.uk

Case Comment: Barclays Bank Plc v Various Claimants [2020] UKSC 13 – UKSC Blog

‘Alaina Wadsworth, Chris Horsefield and Ben Brown, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court earlier this month, in the matter of Barclays Bank Plc v Various Claimants [2020] UKSC 13.’

Full Story

UKSC Blog, 20th April 2020

Source: ukscblog.com

Voyeurism (Offences) Act 2019 – One Year On – Mark Cotter QC, 5SAH & Nick Dent, Kingsley Napley – 5SAH

Posted April 20th, 2020 in chambers articles, consent, news, photography, sexual offences, voyeurism by sally

‘It is one year since the Voyeurism (Offences) Act 2019 came into force, which introduced a specific criminal offence to criminalise conduct known as “upskirting.”’

Full Story

5SAH, 19th April 2020

Source: www.5sah.co.uk

Delimiting Vicarious Liability in the Context of Independent Contractors – 12 King’s Bench Walk

‘The law around vicarious liability has been “on the move” since at least the 2012 landmark decision of the Supreme Court in Various Claimants v Catholic Child Welfare Society [2012] UKSC 56 (the “Christian Brothers case”). However, after years of expansion, the Supreme Court has now held in Barclays Bank plc v Various Claimants [2020] UKSC 13 that liability will not always be imposed for the acts of an independent contractor.’

Full Story

12 King's Bench Walk, 3rd April 2020

Source: www.12kbw.co.uk

Vicarious Liability – the move is over – Hailsham Chambers

‘On 1 April 2020, the Supreme Court handed down judgment in two conjoined Vicarious Liability cases: WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 and Barclays Bank plc v Various Claimants [2020] UKSC 13. In this article, Michael Patrick reviews those judgments and considers their impact on the law of Vicarious Liability.’

Full Story

Hailsham Chambers, 9th April 2020

Source: www.hailshamchambers.com

The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019 – An Update – St Ives Chambers

‘As of 1st of April 2020, the Government’s election pledge of delaying the release point of serious sexual and violent offenders came into force by way of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019.’

Full Story

St Ives Chambers, 10th April 2020

Source: www.stiveschambers.co.uk

Wm Morrison Supermarkets Plc v Various Claimants & Barclays Bank Plc v Various Claimants – Old Square Chambers

‘The Supreme Court has handed down two new judgments addressing the legal limits of vicarious liability in employment and non-employment cases.’

Full Story

Old Square Chambers, April 2020

Source: www.oldsquare.co.uk

On The Move – Ropewalk Chambers

‘On the inauspicious April Fool’s Day, the Supreme Court brought a stop to the expanding course of the law of vicarious liability in two decisions which bear careful consideration and will have a significant impact on the scope for liability in the law of tort generally, beyond the particular contexts of sexual abuse and data protection litigation.’

Full Story

Ropewalk Chambers, 14th April 2020

Source: www.ropewalk.co.uk

High Court judges order indemnity costs over ADR failures – Litigation Futures

‘The courts are getting harder on parties who fail to follow directions to try alternative dispute resolution (ADR), with judges imposing indemnity costs in two cases in recent weeks.’

Full Story

Litigation Futures, 16th April 2020

Source: www.litigationfutures.com

MPs call for action over expected rise in child sexual abuse during pandemic – The Guardian

‘Increased funding for children’s helplines is among the urgent measures being demanded by a group of cross-party MPs to tackle child sexual abuse during the coronavirus pandemic.’

Full Story

The Guardian, 16th April 2020

Source: www.theguardian.com