‘A dog owner who hit his German Shepherd on the head with a hammer and strangled her with a washing line for “getting on his nerves” has been spared jail.’
The Independent, 5th July 2019
Source: www.independent.co.uk
‘In order to make good an art 14 claim, a claimant has to establish that (a) the Jones_Jcircumstances fall within the ambit of a substantive Convention right, (b) the claimant has a relevant status for the purposes of art 14, (c) they have been treated differently from others in a similar situation, by reason of their status; if so the burden is then on the state to demonstrate (d) whether the difference in treatment is objectively justified. In a Thlimmenos claim, the third question becomes “they have been treated the same as others in a relevantly different situation”. The way in which those issues were resolved by Lord Wilson for the majority is summarised above, but the court’s analysis of status and justification is worth some closer consideration.’
UKSC Blog, 2nd July 2019
Source: ukscblog.com
‘In these joined appeals, the Supreme Court considered whether the “revised benefit Jones_Jcap” – the effect of which is to restrict the maximum amount of benefits payable to couples and lone parents to £23000 in London and £20000 elsewhere – discriminated against the lone parents of young children, and against the children themselves. The Supreme Court decided by a majority of 5-2 that it did not, though there were various differences of opinion even amongst the majority.’
UKSC Blog, 2nd July 2019
Source: ukscblog.com
‘British Airways is set to be fined more than £183m by the Information Commissioner’s Office over a customer data breach, the company said.’
The Guardian, 8th July 2019
Source: www.theguardian.com
‘This appeal considered whether the doctrine of restraint of trade is engaged by a restriction on post-employment shareholding, the proper construction of the phrase ‘interested in’ in a non-competition covenant, and the correct approach to severance of a non-competition covenant.’
UKSC Blog, 3rd July 2019
Source: ukscblog.com
‘People have entered onto your client’s land – or are threatening to do so. Your client wants them to leave – or not to arrive. Your advice is sought. In practice, self-help is out of the question. Section 6 of the Criminal Law Act 1977 prohibits the use or threat of violence against person or property for the purpose of securing entry to any premises without lawful excuse. A right to possession or occupation of the premises is no excuse, unless your client is a “displaced residential occupier” or “protected intending occupier”. But in any event, you cannot encourage the use of self-help, because of the risk of disorder that it may entail. A legal remedy is required.’
Falcon Chambers, June 2019
Source: www.falcon-chambers.com
‘This appeal considered whether a condition restricting the use of the premises should be implied into a planning permission granted by the appellant; alternatively, whether the planning permission should be interpreted as containing such a condition.’
UKSC Blog, 3rd July 2019
Source: ukscblog.com
‘The Upper Tribunal has recently provided helpful clarification of the workings of several aspects of the new Electronic Communications Code (“the Code”) introduced by the Digital Economy Act 2017, which came into force on 28 December 2017.’
Falcon Chambers, June 2019
Source: www.falcon-chambers.com
‘The jury returned a narrative conclusion at the inquest into the death of Rocky Stenning, finding that the failure to adequately assess his risk of self harm and suicide whilst he was at HMP Chelmsford contributed to his death. They also noted that restricting Rocky’s access to a telephone, the length of the prison sentence he received and other known triggers as identified in the Ministry of Justice’s suicide and self-harm policy, affected Rocky’s mental ill health.’
Garden Court Chambers, 3rd July 2019
Source: www.gardencourtchambers.co.uk
‘The claimant brought an action against the defendant for personal injury following a tripping incident on a path in Abram Park, Wigan. At trial the judge found that the path was in a dangerous and defective state but also found that the path was not a highway “maintainable at public expense” for the purposes of section 36 of the Highways Act 1980 and as such the defendant did not owe a duty under section 41 of the Act.’
Zenith PI Blog, 28th June 2019
Source: zenithpi.wordpress.com
‘Local authorities are failing in their duty to prosecute rogue letting agents, the National Landlords Association has claimed after its research found that more than half of 20 councils did not prosecute a single letting agent in the four-year period from 2014/15 to 2017/18.’
Local Government Lawyer, 4th July 2019
Source: www.localgovernmentlawyer.co.uk
‘The broadcasting watchdog Ofcom has called for new laws to ensure that shows made by UK broadcasters including the BBC, ITV and Channel 4 continue to get top billing on on-demand services such as Sky – but the rules will not apply to Netflix and Amazon.’
The Guardian, 4th July 2019
Source: www.theguardian.com
‘The Court of Appeal has recognised the cash flow pressures of funding complex litigation in rejecting an application to appeal a ruling granting a law firm an interim costs payment.’
Litigation Futures, 3rd July 2019
Source: www.litigationfutures.com
‘A solicitor who took the “extraordinary approach” of trying to settle his debts of over £115,000 with promissory notes has been struck off.’
Legal Futures, 5th July 2019
Source: www.legalfutures.co.uk
‘The government has still made no compensation payments to Windrush victims and has failed to introduce legislation that would allow damages to be paid, 15 months after Theresa May apologised for the scandal and promised a financial settlement.’
The Guardian, 4th July 2019
Source: www.theguardian.com
‘Much attention in the media and political world is paid to the senior judiciary because that is where the more newsworthy, high-profile and ground-breaking judicial activity tends to occur. But this is not where the overwhelming majority of judicial decisions are made. Thousands of salaried and fee-paid judges dispense justice at first instance in Her Majesty’s Courts and Tribunals, in decisions of acute importance to those involved in them.’
Courts and Tribunals Judiciary, 3rd July 2019
Source: www.judiciary.uk
‘The victims of two plumbing companies who defrauded their clients have been fully compensated for their financial losses, after Southampton City Council prosecuted the individuals involved.’
Local Government Lawyer, 4th July 2019
Source: www.localgovernmentlawyer.co.uk
‘Climate action lawsuits against governments and corporations have spread across 28 countries, according to a new analysis.’
The Guardian, 4th July 2019
Source: www.theguardian.com
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