Student Natasha Abrahart’s suicide: Neglect a ‘contributory factor’ – BBC News
‘A university student took her own life partly as a result of neglect, an inquest has ruled.’
BBC News, 16th May 2019
Source: www.bbc.co.uk
Solicitors call for more full-time employment judges – Litigation Futures
‘Employment tribunals are being forced to rush in part-time judges in order to try to clear the growing backlog of cases waiting to be heard, a specialist law firm has claimed.’
Litigation Futures, 15th May 2019
Source: www.litigationfutures.com
Solicitor’s “atrocious” conduct over child contact case condemned – Legal Futures
‘The Solicitors Disciplinary Tribunal (SDT) has struck off a solicitor whose conduct in a sensitive child contact case it described as “atrocious”.’
Legal Futures, 16th May 2019
Source: www.legalfutures.co.uk
MPs call for inquiry into how family courts treat rape and abuse survivors – The Guardian
‘More than 120 MPs have called for the family courts to be opened up to greater scrutiny and for those who father children through rape to be denied parental rights.’
The Guardian, 15th May 2019
Source: www.theguardian.com
Wartime Opt Out Of Human Rights Convention Will Hurt Soldiers And Civilians, Campaigners Say – Rights Info
‘Campaign groups are warning that the new defence secretary’s pledge to opt out of the Human Rights Convention in future conflicts will hurt soldiers and civilians.’
Rights Info, 15th May 2019
Source: rightsinfo.org
Call for curbs on Lord Chancellor’s power over online rule committee – Legal Futures
‘A future Lord Chancellor could impose “quite radical changes” on the court system unless changes are made to the Courts and Tribunals (Online Procedure) Bill, peers have warned.’
Legal Futures, 16th May 2019
Source: www.legalfutures.co.uk
New Judgment: Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 – UKSC Blog
‘This appeal considered whether regard should be given, when ascertaining the rateable value of a property under the statutory hypothesis in the Local Government Finance Act 1988, Sch 6, para 2(1), to general demand for comparable properties in the market. It also considered what the relevance is, if any, to the ascertainment of rateable value under the statutory hypothesis, of the absence of an actual prospective tenant who would pay a positive price in order to occupy the property at the valuation date.’
UKSC Blog, 15th May 2019
Source: ukscblog.com
Tommy Robinson sued by Syrian schoolboy he accused of assault – The Guardian
‘The Syrian schoolboy who was filmed being attacked in a playground in Huddersfield is suing the far-right campaigner Tommy Robinson for accusing him of assaulting white schoolgirls.’
The Guardian, 15th May 2019
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Tribunal Procedure (Amendment) Rules 2019
The Road Traffic Offenders (Prescribed Devices) Order 2019
The Crime and Courts Act 2013 (Commencement No. 18) Order 2018
The Proxy Advisors (Shareholders’ Rights) Regulations 2019
The Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2019
The Utilities Act 2000 (Amendment of Section 105) Order 2019
The Electricity (Individual Exemptions from the Requirement for a Generation Licence) Order 2019
The Meteorological Office Trading Fund (Maximum Borrowing) Order 2019
Source: www.legislation.gov.uk
Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer
‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’
Local Government Lawyer, 16th May 2019
Source: www.localgovernmentlawyer.co.uk
Anisminic 2.0 – UK Human Rights Blog
‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’
UK Human Rights Blog, 15th May 2019
Source: ukhumanrightsblog.com
BAILII: recent Decisions
Supreme Court
Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 (15 May 2019)
Court of Appeal (Civil Division)
Anderson v Turning Point Eespro [2019] EWCA Civ 815 (15 May 2019)
Merinson v Yukos International UK BV & Ors [2019] EWCA Civ 830 (15 May 2019)
Tinkler v Ferguson & Ors [2019] EWCA Civ 819 (15 May 2019)
Revenue And Customs v Tooth [2019] EWCA Civ 826 (15 May 2019)
Airbus S.A.S. v Generali Italia S.P.A. & Ors [2019] EWCA Civ 805 (14 May 2019)
Owen v AMEC Foster Wheeler Energy Ltd & Anor [2019] EWCA Civ 822 (14 May 2019)
Staechelin & Ors v ACLBDD Holdings Ltd & Ors [2019] EWCA Civ 817 (14 May 2019)
Kuteh v Dartford And Gravesham NHS Trust [2019] EWCA Civ 818 (14 May 2019)
Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2019] EWCA Civ 823 (14 May 2019)
Euro Pools Plc v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808 (13 May 2019)
High Court (Administrative Court)
Maguire, R (On the Application Of) v United Response & Ors [2019] EWHC 1232 (Admin) (15 May 2019)
High Court (Chancery Division)
Mussell & Anor v Patience & Anor [2019] EWHC 1231 (Ch) (15 May 2019)
Gracie & Anor v Rose [2019] EWHC 1176 (Ch) (10 May 2019)
High Court (Commercial Court)
Nobiskrug GmbH v Valla Yachts Ltd [2019] EWHC 1219 (Comm) (14 May 2019)
116 Cardamon Ltd v Macalister & Anor [2019] EWHC 1200 (Comm) (14 May 2019)
Teesside Gas Transportation Ltd v CATS North Sea Ltd & Ors [2019] EWHC 1220 (Comm) (14 May 2019)
High Court (Family Division)
Uhd v McKay [2019] EWHC 1239 (Fam) (15 May 2019)
High Court (Queen’s Bench Division)
Allen v Times Newspapers Ltd [2019] EWHC 1235 (QB) (15 May 2019)
Gilchrist v Greater Manchester Police [2019] EWHC 1233 (QB) (15 May 2019)
Patel v Arriva Midlands Ltd & Anor [2019] EWHC 1216 (QB) (14 May 2019)
Head v The Culver Heating Co Ltd [2019] EWHC 1217 (QB) (14 May 2019)
Bailey & Ors v Glaxosmithkline (UK) Ltd [2019] EWHC 1167 (QB) (09 May 2019)
High Court (Technology and Construction Court)
Moorjani & Ors v Durban Estates Ltd & Anor [2019] EWHC 1229 (TCC) (15 May 2019)
RGB P&C Ltd v Victory House General Partner Ltd [2019] EWHC 1188 (TCC) (10 May 2019)
Thomas & Anor v Taylor Wimpey Developments Ltd & Ors [2019] EWHC 1134 (TCC) (09 May 2019)
Source: www.bailii.org
Lone parents lose benefits cap challenge at supreme court – The Guardian
‘The UK’s highest court has rejected a legal challenge to the benefit cap made by campaigners who argued that it discriminated against single parents with young children.’
The Guardian, 15th May 2019
Source: www.theguardian.com
Voices of children overlooked in family courts, says ex-head – BBC News
‘Family courts in England and Wales are not properly accommodating children’s voices and needs because the government has suggested “it would all cost too much”, their former head has said.’
BBC News, 16th May 2019
Source: www.bbc.co.uk
Probation will be renationalised after disastrous Grayling reforms – The Guardian
‘The supervision of all offenders in the community is to be undertaken by the state in a major renationalisation of the probation sector, just five years after Chris Grayling introduced a widely derided programme of privatisation while justice secretary.’
The Guardian, 16th May 2019
Source: www.theguardian.com
Police take legal action against former officer who had child with activist – The Guardian
‘Police chiefs are taking legal action against one of their former undercover officers who fathered a child during his covert infiltration of leftwing groups and then abandoned him.’
The Guardian, 14th May 2019
Source: www.theguardian.com
Later rule changes cannot validate earlier pension increases, rules court – OUT-LAW.com
‘Pension trustees have not been allowed to justify an increase pension contributions with rule changes that happened two years later. The Court of Appeal in the UK has ruled that trustees cannot use rule changes from 1993 to rectify mistakes made in 1991.’
OUT-LAW.com, 15th May 2019
Source: www.out-law.com
New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog
‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’
UKSC Blog, 15th May 2019
Source: ukscblog.com
