Recent Statutory Instruments – legislation.gov.uk
The Social Security (Capital Disregards) (Amendment) Regulations 2019
The Fire and Rescue Services (Appointment of Inspector) (Wales) (Revocation) Order 2019
The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2019
The Misuse of Drugs Act 1971 (Amendment) Order 2019
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for the Home Department v KN (DRC) [2019] EWCA Civ 1665 (09 October 2019)
Base Childrenswear Ltd v Otshudi [2019] EWCA Civ 1648 (09 October 2019)
Read v Panzone & Anor [2019] EWCA Civ 1662 (09 October 2019)
Idu v The East Suffolk & North Essex NHS Foundation Trust [2019] EWCA Civ 1649 (08 October 2019)
JP Morgan Chase Bank NA v The Federal Republic of Nigeria [2019] EWCA Civ 1641 (08 October 2019)
Badyal v Badyal & Ors [2019] EWCA Civ 1644 (08 October 2019)
High Court (Administrative Court)
Okpara v General Medical Council [2019] EWHC 2624 (Admin) (09 October 2019)
Nkomo v The General Medical Council [2019] EWHC 2625 (Admin) (09 October 2019)
Safe Rottingdean Ltd v Brighton And Hove City Council [2019] EWHC 2632 (Admin) (08 October 2019)
Simone & Ors v Chancellor of the Exchequer & Anor [2019] EWHC 2609 (Admin) (07 October 2019)
High Court (Chancery Division)
Bellmare Holdings Ltd v Wells [2019] EWHC 2193 (Ch) (08 October 2019)
High Court (Commercial Court)
Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2019] EWHC 2630 (Comm) (08 October 2019)
High Court (Family Division)
B v A [2019] EWHC 2613 (Fam) (07 October 2019)
High Court (Queen’s Bench Division)
Hillside Parks Ltd v Snowdonia National Park Authority [2019] EWHC 2587 (QB) (08 October 2019)
Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB) (08 October 2019)
Bourne v Nejad [2019] EWHC 2605 (QB) (07 October 2019)
Source: www.bailii.org
Bleak Choses? Trusting in equity – Practical Law: Construction Blog
‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’
Practical Law: Construction Blog, 9th October 2019
Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part II – UK Constitutional Law Association
‘This is the second of a two-part discussion of this theme. The first part addressed the obligations under the Benn Act and the legal response to attempts to frustrate it; this second part addresses non-confidence motions, resignation and change of Government. Heading numbering is continued from Part 1.’
UK Constitutional Law Association, 10th October 2019
Source: ukconstitutionallaw.org
Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part I – UK Constitutional Law Association
‘This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government.’
UK Constitutional Law Association, 9th October 2019
Source: ukconstitutionallaw.org
Divorcing couples: beware the capital gains tax trap – OUT-LAW.com
‘A change to the capital gains tax (CGT) rules from April 2020 means divorcing or separating couples in the UK will have a shorter period of time in which to sell their interest in the family home without being hit by tax penalties.’
OUT-LAW.com, 8th October 2019
Source: www.pinsentmasons.com
Solicitor secures injunction to stop web harassment – Legal Futures
‘A partner at listed law firm Knights has secured a High Court injunction to prevent a former Oxford University student making “false and damaging allegations” against him.’
Legal Futures, 10th October 2019
Source: www.legalfutures.co.uk
Too many children in care end up in the criminal justice system – we need to do better – Family Law
‘Laura Cooper writes about the crucial role that youth justice lawyers have to play in reducing the criminalisation of looked after children at the police station.’
Family Law, 9th October 2019
Source: www.familylaw.co.uk
Paternity issues: AB v CD [2019] EWHC 1695 (Fam) – Family Law
‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’
Family Law, 10th October 2019
Source: www.familylaw.co.uk
Lithuanian man jailed for a second time for stalking – Crown Prosecution Service
‘A Lithuanian man, who was deported following a conviction for stalking but found a way back to the country to torment the same victim, has been jailed for three years.’
Crown Prosecution Service, 9th October 2019
Source: www.cps.gov.uk
Millionaire’s son who threatened barman with toy gun has sentence deferred so he can holiday in Barbados – Daily Telegraph
‘A Sandbanks Yacht Club guest, who threatened a barman with an imitation gun, has had his sentence deferred so that he can holiday in Barbados.’
Daily Telegraph, 9th October 2019
Source: www.telegraph.co.uk
Drug addicts to receive diamorphine twice a day in UK-first scheme – The Guardian
‘Drug addicts in the north of England are to receive daily doses of diamorphine from next week as part of plans to reduce deaths, stop crime and undermine drug dealers.’
The Guardian, 9th October 2019
Source: www.theguardian.com
Police bail decline revealed as Law Society say worrying trend means violent criminals are being released with no restrictions – Daily Telegraph
‘Thousands of crime suspects are being released by police without any restrictions and potentially putting victims and the public in danger, new research suggests. In 2017, the law was changed in a bid to limit the time someone spends on bail to 28 days, offering police the chance to instead release someone under investigation (RUI) for an unlimited period of time and without having to place any restrictions on them.’
Daily Telegraph, 9th October 2019
Source: www.telegraph.co.uk
Violent hate crime against disabled has risen by 41 per cent in the last year, figures suggest – The Independent
‘Disability hate crime involving violence has risen by 41 per cent in the last year, figures suggest.’
The Independent, 9th October 2019
Source: www.independent.co.uk
Case Preview: Gilham v Ministry of Justice Part Two – UKSC Blog
‘Ms Gilham appealed on all three grounds. She also appears to raise the distinct but related question whether she can bring her claim as a ‘Crown employee’ within the meaning of the ERA, s191.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
Case Preview: Gilham v Ministry of Justice Part One – UKSC Blog
‘Claire Gilham is a district judge. She claims that she was subjected to various detriments as a result of making complaints about her judicial workload and the poor management of the courts.’
UKSC Blog, 9th October 2019
Source: ukscblog.com
Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law – UK Constitutional Law Association
‘In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland, the Supreme Court briefly directed its focus to its understanding of the nature of “nullity” following a finding of administrative unlawfulness. Its approach surprised some commentators, but in this post I will suggest that, far from being completely novel, the distinctions it appears to draw are familiar within the law of habeas corpus. This comparison will, I suggest, cast light upon the shifting and somewhat complex idea of “nullity” in UK public law.’
UK Constitutional Law Association, 8th October 2019
Source: ukconstitutionallaw.org
The UK Supreme Court’s “One Off” Judgment – Oxford Human Rights Hub
‘It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court in the separation of powers. Judges examining the constitution against a seething political background. But the lions emerged from beneath the throne, unanimously, in a judgment that unlocked the doors of Parliament and clearly, soberly reasserted our sovereign legislature.’
Oxford Human Rights Hub, 9th October 2019
Source: ohrh.law.ox.ac.uk
Cafcass backs renewed focus on pre-proceedings work in public law children cases – but rejects direct role – Local Government Lawyer
‘Cafcass has said it supports a renewed focus on pre-proceedings work and managing risk in public law children cases, with more emphasis on gaining and recording the wishes and feelings of children at that stage.’
Local Government Lawyer, 9th October 2019
Source: www.localgovernmentlawyer.co.uk
