Current Awareness – Page 1009 – Legal News selected by the Inner Temple Library

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

Family judges must justify delaying final decisions – Court of Appeal – Law Society’s Gazette

Posted September 24th, 2019 in adjournment, delay, family courts, news by sally

‘Judges have been warned by the Court of Appeal not to adjourn final decisions in family cases simply to “press the pause button”.’

Law Society's Gazette, 23rd September 2019

Source: www.lawgazette.co.uk

Barristers accuse MoJ of false economies in crown court backlogs – The Guardian

Posted September 24th, 2019 in barristers, Crown Court, delay, Ministry of Justice, news by sally

‘A dispute over delays to crown court trials has broken out after criminal barristers accused the Ministry of Justice (MoJ) of making false economies by not reducing case backlogs.’

The Guardian, 23rd September 2019

Source: www.theguardian.com

Man jailed over anti-Muslim Instagram posts alongside topless photos with gun – The Independent

Posted September 24th, 2019 in hate crime, inciting racial hatred, inciting religious hatred, internet, Islam, news, racism, religiously aggravated offences, sentencing by sally

‘A man who posed with a shotgun and urged people to “stand up” against Muslims has been jailed for four years.’

The Independent, 23rd September 2019

Source: www.independent.co.uk

Upskirting: Government lawyer becomes first person ever convicted under new law after underground train incident – The Independent

Posted September 24th, 2019 in news, photography, prosecutions, voyeurism by sally

‘A British government lawyer has become the first person to be convicted of upskirting since it was made a crime under new legislation in April.’

The Independent, 23rd September 2019

Source: www.independent.co.uk

Ofcom investigates CGTN over coverage of Hong Kong protests – The Guardian

Posted September 24th, 2019 in China, demonstrations, freedom of expression, Hong Kong, media, news by sally

‘The Chinese state-backed news channel CGTN is under investigation by the British media regulator over claims its coverage of protests in Hong Kong breached broadcasting rules.’

The Guardian, 23rd September 2019

Source: www.theguardian.com

GP surgeries deny care to vulnerable people without ID documents – The Guardian

Posted September 24th, 2019 in doctors, health, homelessness, identification, medical treatment, news, travellers by sally

‘Many practices are refusing to take new patients without checks that breach NHS rules.’

The Guardian, 24th September 2019

Source: www.theguardian.com

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