UK accused of ‘silently eroding’ EU pesticide rules in Brexit laws – The Guardian

‘The UK has been accused of “silently eroding” key environmental and human health protections in the Brexit-inspired rush to convert thousands of pages of European Union pesticide policy into British law.’

Full Story

The Guardian, 12th June 2019

Source: www.theguardian.com

A missed opportunity – Haberdashers and subrogation – Practical Law: Construction Blog

Posted June 11th, 2019 in construction industry, contracts, insurance, news by sally

‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’

Full Story

Practical Law: Construction Blog, 11th June 2019

Source: constructionblog.practicallaw.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 11th, 2019 in legislation by sally

The Smart Export Guarantee Order 2019

The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019

The Wireless Telegraphy (Licence Charges for the 3.4 GHz Frequency Band and the 3.6 GHz Frequency Band) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 11th, 2019 in law reports by sally

High Court (Commercial Court)

The Libyan Investment Authority v J.P. Morgan Markets Ltd & Ors (Rev 1) [2019] EWHC 1452 (Comm) (10 June 2019)

High Court (Queen’s Bench Division)

East Sussex Fire And Rescue Service v Austin [2019] EWHC 1455 (QB) (10 June 2019)

AXO v Salisbury NHS Foundation Trust [2019] EWHC 1454 (QB) (10 June 2019)

High Court (Technology and Construction Court)

TC Developments (South East) Ltd & Anor v Investin Quay House Ltd [2019] EWHC 1432 (TCC) (10 June 2019)

Source: www.bailii.org

Continued use of Taser on autistic male was disproportionate – UK Police Law Blog

Posted June 11th, 2019 in autism, news, police, self-defence, weapons by sally

‘In Gilchrist v Chief Constable of Greater Manchester Police [2019] EWHC 1233, the High Court considered officers’ use of force in the context of use of CS gas and a taser repeatedly upon a man who was autistic and mentally distressed and found that its continued use became unlawful. Whereas the initial use of CS gas and Taser were justified, once the police learned of the male’s vulnerability as an autistic man and noted that his behaviour was defensive rather than aggressive, a more cautious approach should have been adopted.’

Full Story

UK Police Law Blog, 29th May 2019

Source: ukpolicelawblog.com

Supreme Court turns back on procedural appeals – Litigation Futures

‘The Supreme Court is not keen to entertain appeals on procedural points, its annual report has indicated. It handled 23 permissions to appeal (PTA) applications in relation to procedure in the year to 31 March 2019 – far more than any other category of law – and only granted permission in one of them.’

Full Story

Litigation Futures, 11th June 2019

Source: www.litigationfutures.com

Home Secretary apologises to members of Windrush generation – Home Office

‘The Home Secretary has written 46 letters to people who were sanctioned under compliant environment policies and 7 to people with criminal convictions who were held under immigration detention powers at the end of their prison sentence.’

Full press release

Home Office, 10th June 2019

Source: www.gov.uk/home-office

‘No man’s land’: thousands of suspects left in limbo – Law Society’s Gazette

Posted June 11th, 2019 in bail, news, solicitors, time limits by sally

‘Thousands of people have been left in “legal limbo” as a result of government reforms to pre-charge bail, which is affecting their mental health, family life and employment status, criminal defence solicitors have said.’

Full Story

Law Society's Gazette, 10th June 2019

Source: www.lawgazette.co.uk

Criminal barristers vote for one-day walkout – Law Society’s Gazette

Posted June 11th, 2019 in barristers, criminal justice, fees, industrial action, legal aid, news by sally

‘Criminal barristers will stage a complete one day walkout on 1 July, the Criminal Bar Association (CBA) has announced. Prosecution and defence barristers will also refuse case returns from 1 July.’

Full Story

Law Society's Gazette, 10th June 2019

Source: www.lawgazette.co.uk

Report: evidence of Huddersfield grooming ring not followed up – The Guardian

‘Opportunities were lost to tackle one of Britain’s largest grooming rings when information about two vulnerable girls being sexually exploited was not followed up, a review has found.’

Full Story

The Guardian, 10th June 2019

Source: www.theguardian.com

Father admits stalking his daughter in Leicester – BBC News

Posted June 11th, 2019 in families, forced marriages, news, restraining orders, sentencing, stalking by sally

‘A father has admitted stalking his daughter after trying to force her into a marriage and keep her from university.’

Full Story

BBC News, 10th June 2019

Source: www.bbc.co.uk

Police demanded rape victim’s phone and medical records despite identifying attacker by DNA – The Independent

‘Police demanded the mobile phone and personal records of a woman who was raped by a stranger eight years ago – even after identifying her attacker using DNA evidence.’

Full Story

The Independent, 10th June 2019

Source: www.independent.co.uk

Police identify suspects for possible Grenfell manslaughter charges – The Guardian

Posted June 11th, 2019 in fire, health & safety, homicide, news, prosecutions by sally

‘The police investigation into the Grenfell Tower fire has identified potential suspects for offences of corporate manslaughter and gross negligence manslaughter, Scotland Yard has said. But it said there were no guarantees that criminal charges would be brought over the disaster, whose second anniversary falls this Friday.’

Full Story

The Guardian, 10th June 2019

Source: www.theguardian.com

Banning orders for 25 fans after Grimsby – Port Vale match – BBC News

‘Twenty-five men have been given football banning orders after violence erupted at a match between Grimsby Town and Port Vale.’

Full Story

BBC News, 11th June 2019

Source: www.bbc.co.uk

NDAs: MPs call for ban on ‘gagging clauses’ over ‘cover-up’ fears – BBC News

‘MPs have called for a ban on “gagging clauses” used by employers to silence allegations of unlawful discrimination and harassment.’

Full Story

BBC News, 11th June 2019

Source: www.bbc.co.uk

TalkTalk hacker who blackmailed executives in £77million cyber attack is jailed – Daily Telegraph

Posted June 11th, 2019 in blackmail, computer crime, fraud, guilty pleas, internet, news, sentencing by sally

‘A “cruel and calculating” cyber criminal who took part in a massive TalkTalk hack and blackmailed former chief executive Dido Harding has been locked up for four years.’

Full Story

Daily Telegraph, 10th June 2019

Source: www.telegraph.co.uk

Fox cruelty: South Herefordshire Hunt pair found guilty – BBC News

Posted June 10th, 2019 in animal cruelty, hunting, news, sentencing, suspended sentences by sally

‘Two people have been convicted of animal cruelty after foxes were thrown to hounds at a hunting kennels.’

Full Story

BBC News, 10th June 2019

Source: www.bbc.co.uk

First High Court guidance on proportionality leads to huge costs cut – Litigation Futures

Posted June 10th, 2019 in appeals, costs, litigants in person, news, proportionality, shareholders by sally

‘The first High Court judge to give guidance on applying the proportionality test has overturned a costs master’s ruling and slashed the costs he allowed by more than two-thirds.’

Full Story

Litigation Futures, June 2019

Source: www.litigationfutures.com

Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit? – UK Constitutional Law Association

‘In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit.’

Full Story

UK Constitutional Law Association, 10th June 2019

Source: ukconstitutionallaw.org

Criminalisation Of Travel To Designated Areas A ‘Serious Abuse Of Civil Liberties’ – Rights Info

Posted June 10th, 2019 in freedom of movement, human rights, news, terrorism by sally

‘New counter-terrorism measures which could see people who travel or stay in certain areas overseas jailed for up to 10 years are a “serious abuse of civil liberties”, a campaign group has warned.’

Full Story

Rights Info, 7th June 2019

Source: rightsinfo.org