BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Hanbury & Anor v Hugh James Solicitors (a firm) [2019] EWHC 1074 (QB) (30 April 2019)
Lackey v Mallorca Mega Resorts SL & Anor [2019] EWHC 1028 (QB) (30 April 2019)
Source: www.bailii.org
No necessity to arrest where person voluntarily attended police station – UK Police Law Blog
‘Every police officer knows they must have a reasonable suspicion that a person has committed an offence in order to arrest them. But that is only half of what is required. The second element is that they must have a reasonable belief in the necessity for the person’s arrest. The recent decision of Commissioner of the Metropolitan Police v MR [2019] EWHC 888 (QB) is one of a number of recent cases where appellate judgments have sought to tighten-up what the police must show in order to prove necessity.’
UK Police Law Blog, 30th April 2019
Source: ukpolicelawblog.com
Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedings – UK Human Rights Blog
‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’
UK Human Rights Blog, 30th April 2019
Source: ukhumanrightsblog.com
Leading firm held liable for asbestos case blunder – Legal Futures
‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’
Legal Futures, 1st May 2019
Source: www.legalfutures.co.uk
Address by Mr Justice Mostyn to the Hong Kong Family Law Association – Courts and Tribunals Judiciary
‘An analysis of the exercise of judicial discretion in the Family Law sphere. Address by Mr Justice Mostyn to the Hong Kong Family Law Association, British Consulate-General, Hong Kong 25 April 2019.’
Courts and Tribunals Judiciary, 26th April 2019
Source: www.judiciary.uk
‘Fresh eyes’ no explanation for late amendment, rules High Court – Law Society’s Gazette
‘A High Court judge has refused a party permission to make significant amendments to their claim on the eve of the case coming to trial.’
Law Society's Gazette, 30th April 2019
Source: www.lawgazette.co.uk
Private Lives and Public Sorrows – Family Law Week
‘Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act.’
Family Law Week, 30th April 2019
Source: www.familylawweek.co.uk
Gosport hospital scandal: Families of victims furious at lack of immediate charges after 21-year fight for justice – The Independent
‘Families whose loved ones were killed in Gosport War Memorial Hospital have expressed their fury at the prospect of enduring a further wait that could last years to learn whether criminal charges are to be brought.’
The Independent, 30th April 2019
Source: www.independent.co.uk
Iraqi who brought baby to UK wins reprieve from deportation – The Guardian
‘A man who brought his baby niece to Britain in the back of his car from a French refugee camp after she sustained serious burns has had his deportation halted at the last minute by the Home Office.’
The Guardian, 30th April 2019
Source: www.theguardian.com
Man jailed for helping American friend dump father in UK car park so he could get free treatment on NHS – The Independent
‘A “fantasist” who claimed to be in the elite military unit has been jailed for two and a half years for his part in a plot to abandon a dementia-suffering Californian pensioner in rural England.’
The Independent, 30th April 2019
Source: www.independent.co.uk
NHS maternity services in special measures at two Welsh hospitals – The Guardian
‘Maternity services at two NHS hospitals in south Wales have been put into special measures after a report found a series of failings that may have put the lives of women and babies at risk.’
The Guardian, 30th April 2019
Source: www.theguardian.com
Crimes are going unsolved because forensic science services are in crisis, a damning Lords report warns – Daily Telegraph
‘Serious crimes are going unsolved and innocent people are being wrongly convicted due to a “crisis” in the forensic science industry in England and Wales, a damning report has found.’
Daily Telegraph, 1st May 2019
Source: www.telegraph.co.uk
‘I was raped’ by police officer ex-husband – BBC News
‘Police officers and staff accused of domestic abuse are a third less likely to be convicted than the general public, figures from 37 forces suggest.’
BBC News, 1st May 2019
Source: www.bbc.co.uk
Alex Hepburn: Cricketer jailed for five years for rape of woman – BBC News
‘A “foul sexist” cricketer has been jailed for raping a sleeping woman.’
BBC News, 30th April 2019
Source: www.bbc.co.uk
Home Office faces investigation over Windrush scandal from equalities watchdog – The Independent
‘The Home Office has been referred to the equalities watchdog over the Windrush scandal and the wider “hostile environment”. More than 80 MPs from six political parties have called on the Equality and Human Rights Commission (EHRC) to investigate whether the department unlawfully discriminated against the Windrush generation and continues to discriminate against ethnic minority Britons as a “direct result” of its immigration policies.’
The Independent, 1st May 2019
Source: www.independent.co.uk
Court of Appeal agrees to hear case on housing allocation policy and religion – Local Government Lawyer
‘The Court of Appeal has granted permission to appeal a Divisional Court ruling that a housing association letting homes on the basis of religion was lawful.’
Local Government Lawyer, 29th April 2019
Source: www.localgovernmentlawyer.co.uk
More than 2,500 prison staff disciplined in five years with majority for sex and drugs, MoJ figures show – Daily Telegraph
‘Thousands of prison staff have been subject to disciplinary action in the past five years, including for relationships with inmates, assaulting prisoners and racism.’
Daily Telegraph, 29th April 2019
Source: www.telegraph.co.uk
Ep 76: The university as a cradle for EU citizenship – Cherry James – Law Pod UK
‘Rosalind English talks to Cherry James about the Erasmus student programme, the European Commission’s ambitious project for building EU citizenship in higher education.’
Law Pod UK, 23rd April 2019
Source: audioboom.com
Sectoral Regulation Without Section 21 – Nearly Legal
‘One of the interesting potential side effects of removing section 21 from the Private Rented Sector is the damage it might do to landlord regulation. Over time s21 has become a backdoor regulatory tool to help ensure landlord compliance. If the notice is removed altogether will this impact on regulation by removing a useful tool which encouraged, or compelled, landlord compliance. Or will it have little practical effect.’
Nearly Legal, 29th April 2019
Source: nearlylegal.co.uk
Why are rape prosecutions falling? – BBC News
‘Recorded rape offences have been rising in England and Wales, but the proportion of offences making it to court has fallen significantly over the past few years.’
BBC News, 29th April 2019
Source: www.bbc.co.uk
