Medomsley detention centre saw hundreds sexually abused – BBC News
‘An officer at a former youth detention centre sexually assaulted hundreds of inmates, it has emerged.’
BBC News, 12th March 2019
Source: www.bbc.co.uk
Doctors’ failure to spot sepsis led to toddler’s death, coroner rules – The Guardian
‘A two-year-old girl died as a result of neglect after the gross failure of doctors to diagnose sepsis, a coroner has ruled.’
The Guardian, 12th March 2019
Source: www.theguardian.com
EU body granted permission to appeal ruling on Brexit and frustration of Canary Wharf lease – Local Government Lawyer
‘A High Court judge has granted the European Medicines Agency (EMA) permission to appeal in a dispute over whether its 25-year lease at Canary Wharf will be frustrated by Brexit.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
Winstone v MGN- 39 Essex Chambers
‘In this article Richard Spearman QC discusses the issues raised in Winstone and Others v MGN Ltd [2019] EWHC (Ch) 265 in which he represented the defendant. The application arose in the Mirror Newspapers Hacking Litigation, and concerned the extent to which materials subject to legal professional privilege remained susceptible to protection after they had been pleaded by claimants.’
39 Essex Chambers, 28th February 2019
Source: www.39essex.com
Birmingham primary school in LGBT row cleared by watchdog – The Guardian
‘A Birmingham primary school at the centre of a dispute with parents over lessons about LGBT rights has been cleared of any wrongdoing by Ofsted.’
The Guardian, 12th March 2019
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Maritime Transport Access to Trade and Cabotage (Revocation) (EU Exit) Regulations 2019
The Taxation (Cross-border Trade) (Miscellaneous Provisions) (EU Exit) Regulations 2019
The Quality and Safety of Organs Intended for Transplantation (Amendment) (EU Exit) Regulations 2019
The Human Fertilisation and Embryology (Amendment) (EU Exit) Regulations 2019
The Human Tissue (Quality and Safety for Human Application) (Amendment) (EU Exit) Regulations 2019
The Data Protection (Charges and Information) (Amendment) Regulations 2019
The Connecting Europe Facility (Revocation) (EU Exit) Regulations 2019
The Merchant Shipping (Marine Equipment) (Amendment etc.) (EU Exit) Regulations 2019
The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019
The Construction Products (Amendment etc.) (EU Exit) Regulations 2019
The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2019
The Personal Injuries (Civilians) Scheme (Amendment) Order 2019
The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019
The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2019
The Guardian’s Allowance Up-rating Regulations 2019
The National Health Service (Dental Charges) (Amendment) Regulations 2019
The Jurisdiction and Judgments (Family) (Amendment etc.) (EU Exit) Regulations 2019
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Praesto Consulting UK Ltd v HM Revenue and Customs [2019] EWCA Civ 353 (11 March 2019)
High Court (Administrative Court)
Krupeckiene v Public Prosecutor’s Office Lithuania [2019] EWHC 569 (Admin) (11 March 2019)
Bartulis & Ors v Panevezys Regional Court, Lithuania & Anor [2019] EWHC 504 (Admin) (07 March 2019)
Lone v Secretary of State for Education [2019] EWHC 531 (Admin) (07 March 2019)
High Court (Chancery Division)
Dhillon v Barclays Bank Plc & Anor [2019] EWHC 475 (Ch) (12 March 2019)
Keymed (Medical & Industrial Equipment) Ltd v Hillman & Anor [2019] EWHC 485 (Ch) (11 March 2019)
TQ Delta, LLC v ZYXEL Communications Ltd & Anor [2019] EWHC 562 (Ch) (11 March 2019)
High Court (Technology and Construction Court)
Hitachi Zosen Inova AG v John Sisk & Son Ltd [2019] EWHC 495 (TCC) (08 March 2019)
Source: www.baili.org
Court reforms “must measure impact on vulnerable litigants” – Legal Futures
‘A high-powered body of experts has called for more detailed evaluations of the government’s ambitious court modernisation programme, and complained about the lack of data on the impact of the reforms.’
Legal Futures, 12th March 2019
Source: www.legalfutures.co.uk
Liquidated Damages after Termination: Triple Point Technology v. PTT – 4 New Square
‘What happens to liquidated damages when a contract is terminated? Is the employer entitled to payment up until the point of termination? Can damages go beyond termination until the point at which the project is completed by someone else? If so, what happens if the project is never completed? These are all questions which one would normally associate with construction contracts. However, it was in the context of a software development project that they came to be considered in the Court of Appeal in Triple Point Technology v. PTT [2019] EWCA Civ 230.’
4 New Square, 5th March 2019
Source: www.4newsquare.com
DWP defeats public sector equality duty challenge over method of communication with homeless man – Local Government Lawyer
‘The Department for Work & Pensions has successfully defended a High Court challenge brought by a homeless man who claimed that its approach to communication was in breach of its duties under the public sector equality duty.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
Bungled Litigation and Costs – 4 New Square
‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’
4 New Square, 28th February 2019
Source: www.4newsquare.com
Amend Mental Capacity Act code of practice to address covert medication, human rights: Bar Council – Local Government Lawyer
‘The Mental Capacity Act code of practice must be updated to address issues around covert medication, human rights and social care, the Bar Council has said.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
Gun-obsessed paedophile jailed after 2.2 million indecent images found among arsenal of illegal weapons – Daily Telegraph
‘A gun-obsessed paedophile has been jailed for 12-years after amassing one of the biggest hauls of indecent images ever uncovered.’
Daily Telegraph, 11th March 2019
Source: www.telegraph.co.uk
Clarification as to the validity of jurisdiction clauses in pre-nuptial agreements (Brack v Brack) – The 36 Group
‘Andrzej Bojarski, barrister in The 36 Group (36Family), discusses the Court of Appeal’s approach in Brack v Brack regarding the validity of jurisdiction clauses in pre-nuptial agreements, and the scope of the court’s discretionary powers when dealing with an application for financial relief in the face of a valid pre-nuptial agreement.’
The 36 Group, 5th February 2019
Source: 36group.co.uk
What amounts to sexual harassment in law firms “evolving fast” – Legal Futures
‘What is defined as harassment in law firms is evolving fast and a telephone call or text that was previously thought innocent might now be considered to be inappropriate, experts have warned.’
Legal Futures, 12th March 2019
Source: www.legalfutures.co.uk
Children on standalone supervision orders most likely to see return to court for new proceedings – Local Government Lawyer
‘Children on a standalone supervision order have the highest (20%) probability of a return to court for new S31 proceedings within five years compared to the five other types of order, research has found.’
Local Government Lawyer, 11th March 2019
Source: www.localgovernmentlawyer.co.uk
Ep 72: Fleet Street Law Legend – Frances Gibb – Law Pod UK
‘Frances Gibb has retired after nearly forty years as legal journalist and editor, covering everything from Lord Irvine’s pricey wallpaper to the release of the Guildford Four. She talks to Rosalind English about the challenges of reporting on a profession highly sensitive to slips and slights.’
Law Pod UK, 11th March 2019
Source: audioboom.com
FCA confirms new ombudsman service award limit – OUT-LAW.com
‘Financial firms could be ordered to pay up to £350,000 in compensation by a UK ombudsman in response to complaints raised about their acts or omissions from April this year.’
OUT-LAW.com, 11th March 2019
Source: www.out-law.com
Brexit Britain Could Be A Human Rights ‘Weak Link’, Fears Equality Watchdog – Rights Info
‘The government must ensure human rights standards are applied in treaties after Brexit, the UK Parliament Human Rights Committee has said.’
Rights Info, 12th March 2019
Source: rightsinfo.org
Half of children who are tasered come from BAME groups – report – The Guardian
‘Half of the children tasered by police, and a third of those restrained using spit hoods, in England are black or from other minority ethnic groups, according to figures obtained by children’s rights campaigners.’
The Guardian, 12th March 2019
Source: www.theguardian.com
