BAILII: Recent Decisions
Court of Appeal (Civil Division)
UT (Sri Lanka) v The Secretary of State for the Home Department [2019] EWCA Civ 1095 (26 June 2019)
High Court (Administrative Court)
Turani & Ors v Secretary of State for the Home Department [2019] EWHC 1586 (Admin) (26 June 2019)
High Court (Chancery Division)
Panton & Ors v Brophy & Anor [2019] EWHC 1534 (Ch) (21 June 2019)
High Court (Family Division)
MB v EB [2019] EWHC 1649 (Fam) (25 June 2019)
High Court (Queen’s Bench Division)
Hutson v Tata Steel UK Ltd [2019] EWHC 1608 (QB) (26 June 2019)
Source: www.bailii.org
Law Commission to undertake phase 2 of the Abusive and Offensive Online Communications project – Law Commission
‘The Government has announced that it is asking the Law Commission to undertake phase 2 of the Abusive and Offensive Online Communications project.’
Law Commission, 26th June 2019
Source: www.lawcom.gov.uk/
Tackling child sexual abuse online and offline – Home Office
‘Home Secretary Sajid Javid delivered a speech at the NSPCC’s “How Safe are our Children?” conference on Tuesday 25 June 2019.’
Home Office, 25th June 2019
Source: www.gov.uk/home-office
Woman who kept older woman captive found guilty of slavery offences – Crown Prosecution Service
‘A woman who kept a vulnerable older woman captive and stole her pension money has been found guilty of slavery offences. Maria Miller, 64, exploited the woman, who was in her 70s, after encouraging her to come and live with her at her Chingford home. Miller manipulated the victim to perform chores in both the charity shop she ran and in her home. She also sent the victim on the streets to collect money for her charity whilst she was emptying the victim’s bank account.’
Crown Prosecution Service, 24th June 2019
Source: www.cps.gov.uk
Moors murderer Ian Brady had contact with vulnerable boys in jail – The Guardian
‘The Moors murderer Ian Brady came in contact with vulnerable borstal boys for more than five years at Wormwood Scrubs prison, Home Office files in the National Archives show.’
The Guardian, 26th June 2019
Source: www.theguardian.com
Anti-Islamic extremist permanently excluded from entering UK – The Guardian
‘A prominent anti-Islamic extremist whose organisation is being investigated in Austria over links to the Christchurch shooting suspect has apparently been permanently excluded from entering the UK.’
The Guardian, 26th July 2019
Source: www.theguardian.com
Compensation for anti-EDL activists detained by police reaches £729,000 – Daily Telegraph
‘Scotland Yard has paid out £729,000 in compensation to activists who claimed they were unlawfully detained while marching against the English Defence League (EDL).’
Daily Telegraph, 27th June 2019
Source: www.telegraph.co.uk
Rape victims may not report attacks because of ‘intrusive’ phone demands, watchdog warns – The Independent
‘Rape victims may not report attacks because of “intrusive” demands for their mobile phones and personal records, a report has warned. Baroness Newlove, the outgoing victims’ commissioner for England and Wales, said there had been a “breakdown in confidence between victims of sexual violence and the criminal justice system”.’
The Independent, 27th June 2019
Source: www.independent.co.uk
Home Office payout for trafficked man detained in mistaken identity mix-up – The Guardian
‘Vietnamese national was illegally detained for five months after Home Office refused to accept he was not someone else.’
The Guardian, 27th July 2019
Source: www.theguardian.com
Burton woman ‘left to die’ after online sexual role-play – BBC News
‘A woman who died in a role-play sex game over the internet was unlawfully killed, a coroner has ruled.’
BBC News, 26th June 2019
Source: www.bbc.co.uk
Crime solving rates ‘woefully low’, Met Police Commissioner says – BBC News
‘Too many crimes are being left unsolved, the Metropolitan Police Commissioner has said.’
BBC News, 26th June 2019
Source: www.bbc.co.uk
Transgender hate crimes recorded by police go up 81% – BBC News
‘The number of transgender hate crimes recorded by police forces in England, Scotland and Wales has risen by 81%, latest figures suggest.’
BBC News, 27th June 2019
Source: www.bbc.co.uk
Domestic workers face heightened slavery risk in UK, warns EU study – The Guardian
‘An EU agency has highlighted the heightened risk of foreign domestic workers in the UK enduring slavery-like conditions but conceded its pan-European study of labour conditions had been impeded by “mafia networks”.’
The Guardian, 25th June 2019
Source: www.theguardian.com
Wealthy divorcee sues lover by serving legal papers on him using WhatsApp – Daily Telegraph
‘A divorcee already worth £90 million has won the right to fight to sue her former lover in the UK over tens of millions of assets after serving court papers on him via WhatsApp.’
Daily Telegraph, 25th June 2019
Source: www.telegraph.co.uk
Arm Sales to Saudi Arabia: Evaluating the Clear Risk of Violations of IHL – Oxford Human Rights Hub
‘On Thursday 20 June, the Court of Appeal issued its open judgment in the appeal concerning the lawfulness of the grant by the UK Government of export licences for arms sales to the Kingdom of Saudi Arabia (“KSA”), for possible use in the conflict in Yemen. In their judgment, Sir Terence Etherton MR, Irwin LJ and Singh LJ allowed the appeal by the Campaign Against Arms Trade (“CAAT”), remitting the decision to issue said licences by the Secretary of State for International Trade for reconsideration in accordance with the correct legal approach.’
Oxford Human Rights Hub, 26th June 2019
Source: ohrh.law.ox.ac.uk
Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution – UK Constitutional Law Association
‘The case of R (Privacy International) v Investigatory Powers Tribunal is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty. The case concerned the legal status of s.68(7) of the Regulation of Investigatory Powers Act 2000, and in particular, whether this provision constituted a successful attempt to oust the jurisdiction of the High Court to hear challenges to the decisions of the Investigatory Powers Tribunal by judicial review.’
UK Constitutional Law Association, 26th June 2019
Source: ukconstitutionallaw.org
Ombudsman urges county council to bring its assessments into line with Care Act 2014 – Local Government Lawyer
‘The Local Government and Social Care Ombudsman has called on Somerset County Council to put in place the recommendations he has made to bring its assessments into line with the requirements of the Care Act.’
Local Government Lawyer, 24th June 2019
Source: www.localgovernmentlawyer.co.uk
Divorce: New law could lead to ‘spike’ – minister – BBC News
‘A new law could lead to a ‘spike’ in divorces, but the rate is ultimately like to “remain much the same”, the justice secretary has said.’
BBC News, 25th June 2019
Source: www.bbc.co.uk
Same-sex and single-parent adoption and religious discrimination: Page – Law & Religion UK
‘On 19 June 2019, the Employment Appeal Tribunal handed down two separate judgments relating to the same appellant, Mr Richard Page: Page v Lord Chancellor & Anor [2019] UKEAT 0304 18 1906 and Page v NHS Trust Development Authority [2019] UKEAT 0183 18 1906. The appeals related to Mr Page’s religious beliefs in relation to his position as a magistrate and as a Non-Executive Director of an NHS Trust, respectively; and the EAT dismissed the appeals in both cases. From the legal perspective, the two cases were not “linked” as such because there was no cross-referencing between them. However, the action taken by the Lord Chancellor’s Department resulted, indirectly, in action being instituted by the NHS, and the following note relates to both judgments.’
Law & Religion UK, 24th June 2019
Source: www.lawandreligionuk.com