Prorogation: Constitutional Principle and Law, Fact and Causation – Oxford Human Rights Hub
‘The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning fact and causation. They are examined in turn.’
Oxford Human Rights Hub, 31st August 2019
Source: ohrh.law.ox.ac.uk
People Over Wind confirmed by Court in recent Judgment – No. 5 Chambers
‘The High Court has recently dismissed a Claimant’s application under section 288 of the 1990 Act in relation to the First Defendant’s Inspector’s decision refusing planning permission following the Court of Justice of the European Union (‘CJEU’)’s Judgment in People Over Wind and Sweetman v Coillte Teoranta [C-323/17], confirming that it is good law.’
No. 5 Chambers, 7th August 2019
Source: www.no5.com
The 1COR Quarterly Medical Law Review – Summer 2019 – Issue 2 – 1COR
‘Welcome to the second issue of the Quarterly Medical Law Review, brought to you by barristers at 1 Crown Office Row. This quarterly publication aims to provide summaries and comment on recent cases in medical law, including clinical negligence, regulatory, and inquests.’
1COR, 7th August 2019
Source: www.1cor.com
Playing Hardball with the Queen – Oxford Human Rights Hub
‘The idea of constitutional hardball was introduced to the world by Mark Tushnet. The sport is played when political actors decide the stakes are so high that any lawful action is justified, no matter how constitutionally problematic: hardball stays within the confines of the law, but runs against the spirit, and sometimes the conventions, of the constitution.’
Oxford Human Rights Hub, 31st August 2019
Source: ohrh.law.ox.ac.uk
Batten Disease families get green light for High Court challenge over decision not to provide treatment – Local Government Lawyer
‘Four children with the neurodegenerative condition Batten disease have been given permission to bring a judicial review challenge over a decision to not make a potentially life-saving treatment available through the NHS in England.’
Local Government Lawyer, 30th August 2019
Source: www.localgovernmentlawyer.co.uk
Solicitors rebuked for settlement agreement clauses – Legal Futures
‘Two solicitors who negotiated settlement agreements that sought to prevent others from making complaints to the Solicitors Regulation Authority (SRA) have been rebuked.’
Legal Futures, 2nd September 2019
Source: www.legalfutures.co.uk
The line between legitimate protest and anti-social behaviour – UK Human Rights Blog
‘Public order cases involving protests have always sparked controversy, with the collision between the state’s responsibility to ensure the smooth running of civil society and the individual citizen’s right to draw attention to what they regard as a pressing moral concern.’
UK Human Rights Blog, 30th August 2019
Source: ukhumanrightsblog.com
Change of residence – do we listen to children? – Transparency Project
‘”Change of residence” in the context of a child arrangements order (a reform that was supposed to get rid of the ‘win-lose’ concept of residence and contact before 2014) is quite a cold, technical term to describe a child having to move from one household to another.’
Transparency Project, 30th August 2019
Source: www.transparencyproject.org.uk
Regulator approves self-exclusion system for problem gamblers – The Guardian
‘A system that allows problem gamblers to block themselves from all UK betting websites in one go has finally been approved by the industry regulator, 18 months after it was supposed to be ready, the Guardian understands.’
The Guardian, 1st September 2019
Source: www.theguardian.com
Judge refuses “without much enthusiasm” appeal by council over grant of retrospective planning permission – Local Government Lawyer
‘A High Court judge has “without much enthusiasm” refused an appeal by the London Borough of Tower Hamlets against an inspector’s grant of retrospective planning permission to demolish three homes.’
Local Government Lawyer, 29th August 2019
Source: www.localgovernmentlawyer.co.uk
Judge upholds strike-out of £2.6m ‘RTA portal’ claim – Litigation Futures
‘A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.’
Litigation Futures, 2nd September 2019
Source: www.litigationfutures.com
Top law firm criticised for ‘chaining employees to desk’ with 24-hour concierge service – Daily Telegraph
‘A law firm has given its solicitors a concierge service to run their errands, prompting criticism that they are trying to chain staff to their desks.’
Daily Telegraph, 31st August 2019
Source: www.telegraph.co.uk
Rotherham child sexual abuse: judge calls authorities ‘totally ineffectual’ – The Guardian
‘Five men have been jailed for sexually exploiting teenage girls in Rotherham.’
The Guardian, 30th August 2019
Source: www.theguardian.com
Modern slavery: Are British victims being failed in the UK? – BBC News
‘Michael was homeless when he was approached by a couple to sell drugs.’
BBC News, 2nd September 2019
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Commercial Court) Decisions
Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2019] EWHC 2319 (Comm) (29 August 2019)
Source: www.bailii.org
Is Speeding a Defence? Motorbikes and Contributory Negligence – Zenith PI Blog
‘In the majority of road traffic based personal injury claims, speed is often raised as an allegation of negligence. Witness statements abound with comments that the other driver ‘must’ve been speeding’ and even, my personal favourite, that ‘they sounded like they were speeding’. To what extent though does the speed of the other driver absolve the negligent driver? The High Court has considered this question in a recent case involving a motorcyclist, a side road and bank holiday driving.’
Zenith PI Blog, 30th August 2019
Source: zenithpi.wordpress.com
Epic jail: inside the UK’s optimised ‘super-prison’ warehouses – The Guardian
‘Inmate deaths are up by 20% in the UK, the most incarcerated nation in western Europe. Can prisons designed using virtual reality modelling undo the harm?’
The Guardian, 2nd September 2019
Source: www.theguardian.com
Rotherham child sex abuse: Five jailed for exploiting girls – BBC News
‘Rotherham child sex abuse: Five jailed for exploiting girls.’
BBC News, 30th August 2019
Source: www.bbc.co.uk
Doublethink in the High Court: using a mobile phone whilst driving does not necessarily mean “using” it – Park Square Barristers
‘On 31st July 2019 Lady Justice Thirlwall DBE and Mr Justice Goss handed down the judgment of the High Court on what amounts to “using a hand-held mobile telephone or other hand-held interactive communication device” whilst driving in DPP v Barreto [2019] EWHC 2044 (Admin).’
Park Square Barristers, 12th August 2019
Source: www.parksquarebarristers.co.uk
