Current Awareness – Page 1005 – Legal News selected by the Inner Temple Library

Sam Fowles: Cherry/Miller: What’s Next? – UK Constitutional Law Association

Posted September 26th, 2019 in brexit, constitutional law, ministers' powers and duties, news, parliament, prerogative powers, prorogation by sally

‘Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of that decision.’

UK Constitutional Law Association, 26th September 2019

Source: ukconstitutionallaw.org

CPS secures first upskirting convictions – Crown Prosecution Service

Posted September 26th, 2019 in Crown Prosecution Service, guilty pleas, news, photography, prosecutions, voyeurism by sally

‘Four men have been convicted so far under the new “upskirting” legislation, the Crown Prosecution Service can reveal.’

Crown Prosecution Service, 25th September 2019

Source: www.cps.gov.uk

Automatic email sign-off counts as signature, rules High Court – Law Society’s Gazette

Posted September 26th, 2019 in compromise, contracts, electronic mail, news, solicitors by sally

‘The High Court has ordered that a compromise contract be completed after ruling that a solicitor’s automatic email sign-off was proof of signature.’

Law Society's Gazette, 25th September 2019

Source: www.lawgazette.co.uk

HMP Coldingley prisoners ‘throw human waste out of cell windows’ – BBC News

Posted September 26th, 2019 in health & safety, news, prisons, reports by sally

‘Prison inmates have been resorting to throwing human waste out of their cell windows because of a lack of toilets, a report has found. The Independent Monitoring Board said it was “appalled at the lack of in-cell sanitation” at Surrey’s HMP Coldingley.’

BBC News, 26th September 2019

Source: www.innertemplelibrary.com

UK courts powerless to prevent deportation of girl, 10, at risk of FGM – The Guardian

Posted September 26th, 2019 in asylum, deportation, female genital mutilation, news by sally

‘A British court has said it has no power to stop the deportation of a 10-year-old girl at risk of female genital mutilation (FGM) after authorities rejected her mother’s asylum application.’

The Guardian, 25th September 2019

Source: www.theguardian.com

Volunteer police officer jailed for using Snapchat to sexually groom underage girls – The Independent

Posted September 26th, 2019 in child abuse, guilty pleas, news, sentencing, sexual grooming by sally

‘A volunteer police officer has been jailed for using Snapchat to sexually groom underage girls.’

The Independent, 25th September 2019

Source: www.independent.co.uk

MoD still treating some military personnel in an ‘immoral’ way with ‘no accountability for incompetence’ say MPs – Daily Telegraph

Posted September 26th, 2019 in armed forces, families, news, remuneration by sally

‘The MoD has been accused of being “immoral and incompetent” as MPs say it is failing to uphold the Armed Forces covenant. The Defence Select Committee says the government has yet to tackle major concerns raised in its previous reports on the Armed Forces Covenant, according to its latest update which is published today.’

Daily Telegraph, 25th September 2019

Source: www.telegraph.co.uk

Parliament was not prorogued: Michael Zander QC assesses the Supreme Court’s remarkable decision – New Law Journal

Posted September 25th, 2019 in brexit, constitutional law, judicial review, judiciary, jurisdiction, news, parliament, prerogative powers, prorogation, royal prerogative, Supreme Court by michael

‘The decision of the Supreme Court is remarkable for many reasons. One is that it was produced in such a short time. Another, of immense importance, is that it is unanimous. A third is that it rejects the reasoning of the Divisional Court’s unanimous decision given by the Lord Chief Justice, the Master of the Rolls and the President that the issue was not justiciable.’

New Law Journal, 24th September 2019

Source: www.newlawjournal.co.uk

Trans man loses landmark court fight to be called father instead of mother on baby’s birth certificate – The Independent

Posted September 25th, 2019 in birth certificates, children, equality, families, gender, human rights, news, parental rights, privacy, transgender persons, women by michael

‘The first transgender man to give birth has lost a landmark court battle that would have seen him become the first person in Britain to be listed as the child’s father instead of its mother after having a child.’

The Independent, 25th September 2019

Source: www.independent.co.uk

Scope of a holiday provider’s liability, by Malcolm Johnson – Law Society Gazette

Posted September 25th, 2019 in appeals, damages, EC law, holidays, news, references to European Court, sexual offences, Supreme Court by michael

‘In X v Kuoni Travel Ltd [2019] UKSC 37, the claimant was on holiday with her husband in Sri Lanka on a package holiday purchased from the defendant. While on her way to the hotel reception, she came across a member of the hotel staff, who was employed as an electrician. He offered to show her a short cut to reception, but instead sexually assaulted her. She claimed damages against the defendant for breach of contract under the Package Travel, Package Holidays and Package Tours Regulations 1992 …’

Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Derivative actions and unfair prejudice petitions, by Georgina Squire – Law Society Gazette

Posted September 25th, 2019 in company law, derivative claims, dispute resolution, families, news, partnerships, shareholders, unfairly prejudicial conduct by michael

‘Shareholder claims principally consist of unfair prejudice petitions (UPPs), instigated by members on their own behalf, and derivative actions (DAs), brought by the members on behalf of the company. Dinglis v Dinglis [2019] and Tonstate Group Ltd and Ors v Edward Wojakovski [2019] have developed the law surrounding a shareholder’s ability to bring UPPs and DAs. They involve family-run companies, providing cautionary tales for family members who choose not to formalise matters sufficiently.’

Law Society Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted September 25th, 2019 in law reports by michael

High Court (Chancery Division)

Neocleous & Anor v Rees [2019] EWHC 2462 (Ch) (20 September 2019)

High Court (Commercial Court)

Bank of Baroda v Maniar & Anor [2019] EWHC 2463 (Comm) (20 September 2019)

Source: www.bailii.org

Pupillage advice: where to get it – Counsel

Posted September 25th, 2019 in barristers, news, podcasts, pupillage by michael

‘I’ve not met anyone who found the pupillage application process easy. Even the most brilliant candidates agonise over their applications and worry about how best to prepare for that curveball interview question. So, how do you maximise the chances of success? Even before that, how do you pick the right area of law?’

Counsel, September 2019

Source: www.counselmagazine.co.uk

Inquisitorial inquests and barrister-blaming – Counsel

Posted September 25th, 2019 in barristers, bereavement, families, inquests, legal aid, legal representation, litigants in person, news by michael

‘Families have no automatic right to legal aid at inquests where the state may be implicated and legal aid is means tested. Thus at many such hearings, the family fends for itself while culpable public bodies are represented at taxpayers’ expense.’

Counsel, September 2019

Source: www.counselmagazine.co.uk

Legal challenge launched against CPS over plummeting rape prosecutions – The Independent

Posted September 25th, 2019 in codes of practice, Crown Prosecution Service, judicial review, news, prosecutions, rape, sexual offences, statistics by michael

‘A legal challenge has been lodged against the Crown Prosecution Service (CPS) over its handling of rape cases after the number of people charged hit a new low.’

The Independent, 24th September 2019

Source: www.independent.co.uk

UK court rejects landlords’ challenge to Debenhams CVA – Pinsent Masons

Posted September 25th, 2019 in company law, debts, landlord & tenant, news, rent by michael

‘Court rejected landlords’ challenge to Debenhams’ CVA in what will be seen as a victory for retailers and a validation of “landlord only” CVAs.’

Pinsent Masons, 24th Septwmber 2019

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted September 24th, 2019 in law reports by sally

Supreme Court

Miller, R (on the application of) v The Prime Minister [2019] UKSC 41 (24 September 2019)

Court of Appeal (Civil Division)

S-L (Children : Adjournment) [2019] EWCA Civ 1571 (19 September 2019)

Langton, R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs & Anor [2019] EWCA Civ 1562 (17 September 2019)

The Good Law Project, R (On the Application Of) v The Electoral Commission [2019] EWCA Civ 1567 (17 September 2019)

Court of Appeal (Criminal Division)

MR, R. v [2019] EWCA Crim 1572 (18 September 2019)

Aziz, R. v [2019] EWCA Crim 1568 (17 September 2019)

High Court (Administrative Court)

Parkin, R (On the Application Of) v Secretary of State for Work And Pensions [2019] EWHC 2356 (Admin) (19 September 2019)

High Court (Chancery Division)

Horler v Rubin & Ors [2019] EWHC 2487 (Ch) (23 September 2019)

Nortel Networks France SAS, Re [2019] EWHC 2447 (Ch) (19 September 2019)

Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2019] EWHC 2413 (Ch) (19 September 2019)

Dhillon v Dhillon & Anor [2019] EWHC 2442 (Ch) (18 September 2019)

High Court (Commercial Court)

BSG Resources Ltd v Vale SA & Ors [2019] EWHC 2456 (Comm) (20 September 2019)

Barthélemy Holdings, LLC v Duet Group Ltd [2019] EWHC 2402 (Comm) (20 September 2019)

High Court (Queen’s Bench Division)

Canada Goose UK Retail Ltd v Persons Unknown & Anor [2019] EWHC 2459 (QB) (20 September 2019)

Al-Obaidi v Frimley Health NHS Foundation Trust [2019] EWHC 2357 (QB) (19 September 2019)

Source: www.bailii.org

Supreme Court: Suspending Parliament was unlawful, judges rule – BBC News

Posted September 24th, 2019 in brexit, constitutional law, ministers' powers and duties, news, parliament, prerogative powers, prorogation, Supreme Court by sally

‘Boris Johnson’s decision to suspend Parliament was unlawful, the Supreme Court has ruled.’

BBC News, 24th September 2019

Source: www.bbc.co.uk

Former soldier sentenced for brutal attacks on two women – Crown Prosecution Service

Posted September 24th, 2019 in assault, domestic violence, guilty pleas, news, sentencing by sally

‘Former soldier Stefan Carr has been sentenced to a total of eight years and three months, plus three years on licence, at Leeds Crown Court today (23 September) for brutally attacking both his partner and his ex-partner in quick succession.’

Crown Prosecution Service, 23rd September 2019

Source: www.cps.gov.uk

Speeches by Sir Ernest Ryder, Senior President of Tribunals: Collaboration, The Governance of Justice – Courts and Tribunals Judiciary

Posted September 24th, 2019 in case management, courts, electronic filing, judiciary, speeches, tribunals by sally

‘Ombudsman Association Conference – Driving Improvements: Collaboration and Peer Learning (May 2019).’

‘Society of Legal Scholars – Implementation and Application of the Law: The Governance of Justice (September 2019)’

Courts and Tribunals Judiciary, 20th September 2019

Source: www.judiciary.uk

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