BAILII: Recent Decisions
High Court (Administrative Court)
Preston, R (on the application of) v Cumbria County Council [2019] EWHC 1362 (Admin) (31 May 2019)
Source: www.bailii.org
Court of Appeal: Draft judgments not an “invitation to treat” – Litigaiton Futures
‘Receiving a judge’s draft judgment is not an “invitation to treat”, nor is it an opportunity to critique the ruling, enter into negotiations or reargue the case, the Court of Appeal has made clear.’
Litigation Futures, 4th June 2019
Source: www.litigationfutures.com
Graham Gee and Chris McCorkindale: The Political Constitution at 40 – UK Constitutional Law Association
‘The constitution ‘is no more and no less than what happens’. So wrote Professor John Griffith in the 1978 Chorley Lecture, ‘The Political Constitution’, which was later republished in the Modern Law Review in 1979. It was not the first time that Griffith dangled this tantalizing aphorism before his readers, but it was this lecture that saw it melt into the vocabulary of public law. It might seem trite to spotlight this aphorism from what is a rich and intricate lecture full of important insights as well as memorable phrases. However, as we see it, constitutional practice over the last three years —or, for that matter, the last three months, the last three weeks, or even the last three days—underscores the continuing relevance of Griffith’s insights into the complex and contingent nature of the relationship between law, politics and the constitution.’
UK Constitutional Law Association, 3rd June 2019
Source: ukconstitutionallaw.org
Charity pours scorn on quality of immigration detainees’ advice – Legal Futures
‘Legal representation for immigration detainees is very poor, including the quality of advice given by solicitors, according to a charity that challenges detention in removal centres and prisons.’
Legal Futures, 4th June 2019
Source: www.legalfutures.co.uk
Graduate gets £60k payout over ‘false advertising’ claim – BBC News
‘A graduate who sued her university over her “Mickey Mouse” degree has received a £60,000 out-of-court settlement.’
BBC News, 2nd June 2019
Source: www.bbc.co.uk
Criminal lawyer was “duped by fraudster” over football club deal – Legal Futures
‘A criminal law solicitor who “appeared to have been duped by a convicted fraudster” has been fined £5,000 by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 4th June 2019
Source: www.legalfutures.co.uk
Ella-Rose Clover: Man jailed for toddler punch murder – BBC News
‘A man who repeatedly punched a toddler has been jailed for her murder.’
BBC News, 3rd June 2019
Source: www.bbc.co.uk
Magistrates call for end to prison sentences under eight weeks – The Guardian
‘Prison sentences of less than eight weeks should no longer be imposed by the courts, the Magistrates’ Association is urging, in defiance of more radical government proposals.’
The Guardian, 4th June 2019
Source: www.theguardian.com
EVENT: The Inner Temple – History Society Play: The Misfortunes of Arthur
‘Expect to encounter Arthurian legend, but not as you know it. Originally created for the 1587 Gray’s Inn revels and last performed for Elizabeth I at Greenwich Palace in 1588. The candlelit performance in the church will feature members of the Drama Society performing excerpts from the play, interspersed with commentary by academics from KCL. This is the first time it has been performed at an Inn for 432 years. Followed by a drinks reception in the Round.’
Date: 4th June 2019, 5.30-9.00pm
Location: Temple Church, London EC4Y 1AF
Charge: Inner Temple students: Free; Members and Public: £10.25
More information can be found here.
Inheritance battle “screams out” for judge-led ADR, says court – Litigation Futures
‘A battle between a widow and stepson over a large estate “cries, indeed screams out” for the kind of “robust, judge-led” processes used to settle family law disputes, a High Court judge has said.’
Litigation Futures, 31st May 2019
Source: www.litigationfutures.com
Number of PI claims “largely static” over past year – Legal Futures
‘The number of personal injury claims registered with the Compensation Recovery Unit (CRU) increased marginally over the last year, but still remain low compared to recent history.’
Legal Futures, 31st May 2019
Source: www.legalfutures.co.uk
UK’s Top Spy Watchdog Steps Down, Commits To Review ‘Torture Loophole’ By October – Rights Info
‘The UK’s top spy watchdog has announced he will be stepping down in October, a week after a secret policy allowing ministers to approve actions that could lead to torture was revealed.’
Rights Info, 31st May 2019
Source: rightsinfo.org
Solicitor hit with £500k POCA fine for using house as office – Legal Futures
‘A West London solicitor has hit with a £500,000 confiscation order for repeatedly disregarding warnings from his local council to stop using a home as an office for his firm.’
Legal Futures, 3rd June 2019
Source: www.legalfutures.co.uk
National Action trial: Jurors unable to reach verdicts – BBC News
‘Jurors have failed to reach verdicts against four people accused of being in neo-Nazi group National Action.’
BBC News, 31st May 2019
Source: www.bbc.co.uk
HMRC wins ‘unallowable purpose’ case – OUT-LAW.com
‘A UK company had an “unallowable purpose” in issuing a promissory note and therefore could not deduct the interest payable to a US group company, the First-tier Tribunal in the UK has decided in a case concerning a company in the Oxford Instruments group.’
OUT-LAW.com, 30th May 2019
Source: www.out-law.com
Proselytising nurse’s dismissal upheld by the Court of Appeal – UK Human Rights Blog
‘Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818. The Court of Appeal unanimously ruled that a nurse’s dismissal for improper proselytising was not unfair and that the hospital trust’s decision was not in contravention of the claimant’s rights as guaranteed by Article 9 of the European Convention on Human Rights.’
UK Human Rights Blog, 30th May 2019
Source: ukhumanrightsblog.com
Anti-abortion activists launch legal challenge against council over public spaces protection order – Local Government Lawyer
‘The London Borough of Richmond-upon-Thames faces a legal challenge from anti-abortion activists over a public spaces protection order (PSPO) it has imposed to restrain their protests.’
Local Government Lawyer, 31st May 2019
Source: www.localgovernmentlawyer.co.uk
Couple jailed for harassing judge after birthday card sent to her home – Law Society’s Gazette
‘A couple involved in contentious litigation sent a birthday card to the home address of the family judge hearing their case, telling her to “keep up the good work stealing for profit”, it has emerged. The incident was one of five highlighted in a High Court judgment handed down last month.’
Law Society's Gazette, 30th May 2019
Source: www.lawgazette.co.uk
