‘In R. (on the application of Conway) v Secretary of State for Justice [2018] EWCA Civ 1431 the Court of Appeal held that the blanket ban on assisted suicide in the Suicide Act 1961 s.2(1) was a necessary and proportionate interference with the ECHR art.8 rights of the appellant.’
UK Human Rights Blog, 9th July 2018
Source: ukhumanrightsblog.com
‘The Church of England is to establish an independent ombudsman to deal with complaints over its handling of sexual abuse cases, and will seek other ways of strengthening independent scrutiny of its processes.’
The Guardian, 7th July 2018
Source: www.theguardian.com
‘There was good and bad news from Parliament yesterday for opponents of the Civil Liability Bill as its consideration by MPs was delayed but chances of it being amended receded.’
Legal Futures, 6th July 2018
Source: www.legalfutures.co.uk
‘A Coldstream Guards soldier who had been “prowling the streets” looking for “a lone female” before raping a woman has been jailed for 19 years.’
BBC News, 6th July 2018
Source: www.bbc.co.uk
‘Misogyny and offences targeting women are still “highly prevalent” two years after a police force started treating them as hate crime, academics say.’
BBC News, 9th July 2018
Source: www.bbc.co.uk
‘IVF patients will need to be told when expensive “add-ons” to fertility treatments are not likely to be effective, under new rules due to be issued to clinics later this year.’
The Guardian, 9th July 2018
Source: www.theguardian.com
‘One of Stephen Lawrence’s killers has settled a claim with the Ministry of Justice after he was attacked in prison. David Norris suffered a broken nose and ribs at HMP Belmarsh in 2011 where he was being held on remand ahead of his trial for murder. He sued for damages, reported to be £10,000, after the assault.’
BBC News, 6th July 2018
Source: www.bbc.co.uk
‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’
OUT-LAW.com, 5th July 2018
Source: www.out-law.com
‘Network Rail Infrastructure Ltd v Williams & Anor (2018) EWCA Civ 1514. Japanese knotweed nuisance cases – there are already many of these and (given the nature of the pestilential stuff) there will be more. In case you don’t know, Japanese knotweed is an invasive weed that is all but impossible to eradicate (and must be done by licensed organisations). It grows quickly through spreading underground rhizomes and can affect structures if growing within 7 metres of their foundations. It’s presence has to be disclosed on any sale of a property.’
Nearly Legal, 4th July 2018
Source: nearlylegal.co.uk
‘R (Jewish Rights Watch) v Leicester City Council (2018) EWCA Civ 1551 concerns a non-binding Full Council Resolution on a controversial matter. The Council resolved “insofar as legal considerations allow, to boycott produce originating from illegal Israeli settlements in the West Bank until such time as it complies with International law an withdraws from Palestinian Occupied territories.” Jewish Human Rights Watch argued that the resolution singled out Israel for criticism, and that the Council failed to consider the effect of so doing on the Jewish community in the UK, and in particular in and around Leicester, in breach of the PSED. The Court of Appeal, upholding the judgment of the Divisional Court, held that on a reading of the Resolution, and of the transcript of the debate which preceded its adoption, it was clear that the Councillors had due regard to the matters set out in Section 149 of the Equality Act 2010 and had thus satisfied the PSED.’
Local Government Law, 4th July 2018
Source: local-government-law.11kbw.com
‘A drink driver escaped jail despite four convictions in three years after she blamed her behaviour on an abortion and a dyslexia diagnosis.’
Daily Telegraph, 5th July 2018
Source: www.telegraph.co.uk
‘A woman who was supposed to be cared for by her daughter and ex-husband was left to die in “disgusting conditions”, a court heard.’
BBC News, 5th July 2018
Source: www.bbc.co.uk
‘A jury has found that Surrey police seriously failed in its duty of care to a 33-year-old labourer who was handcuffed, placed in leg restraints and had a spit hood placed over his head in the hours before he died.’
The Guardian, 5th July 2018
Source: www.theguardian.com
‘About 22,400 UK workers were owed back pay worth £1.44m as a result of the underpayments – a record number of people found by HM Revenue & Customs to have fallen victim to illegally low pay.’
The Guardian, 6th July 2018
Source: www.theguardian.com
‘A married city worker who carried an 18-year-old woman into a dark alleyway where he raped and sexually assaulted her multiple times, has been jailed for eight years.’
The Independent, 6th July 2018
Source: www.independent.co.uk
‘An employee who is dismissed for being unable to prove the right to work in the UK ought to be given a right of appeal, the Employment Appeal Tribunal (EAT) has confirmed.’
OUT-LAW.com, 4th July 2018
Source: www.out-law.com
‘Claims brought against Novo Banco, the bank set up by the Portuguese central bank following the collapse of Banco Espirito Santo (BES) in 2014, must be heard in Portugal, the UK’s highest court has confirmed.’
OUT-LAW.com, 5th July 2018
Source: www.out-law.com
‘In the wake of the Carillion insolvency, many sub-contractors are likely to be investigating their rights to terminate their contracts with a now defunct main contractor. Looking for a clean break, they may be tempted by the explicit termination rights that standard form building contracts often contain, and that may be deployed in the event of main contractor insolvency. On the surface, terminating appears as simple as writing to the liquidator citing the relevant provision, and declaring the contract to be at an end. However, a potential trap awaits the unwary. Unwitting sub-contractors may inadvertently forfeit any right to claim loss of bargain damages, that is, the loss of profits that would have been made had the contract carried through to completion. This is potentially a highly lucrative right, particularly if the sub-contractor is at the start of a multi-year project that was expected to generate significant future earnings. This result arises from the case of Phones 4U Ltd (in administration) v EE Ltd.’
Practical Law: Construction Blog, 4th July 2018
‘Family analysis: What factors should parties take into consideration in identifying realistic placement options for a child at the start of care proceedings? Sam Momtaz QC and Sharon Segal, of 1GC|Family Law, examine the Court of Appeal decision in P-S (Children) (care orders) [2018] All ER (D) 118 (Jun) that a Family Court judge had been wrong to make full care orders rather than special guardianship orders (SGOs) in respect of two children.’
Family Law, 4th July 2018
Source: www.familylaw.co.uk
‘In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies [2016] EWCA Civ 463, [2017] 1 FLR 1286 with the claimant in that case capturing the media’s attention as the “Cowshed Cinderella”. On 11 June 2018 Mr Justice Birss, sitting in Bristol, handed down judgment on the latest, the case of Gee v Gee & Anor [2018] EWHC 1393 (Ch), [2018] All ER (D) 58 (Jun).’
Family Law, 4th July 2018
Source: www.familylaw.co.uk
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