Allocations and Equality Act – Nearly Legal

Posted August 6th, 2018 in equality, housing, local government, news, race discrimination, refugees by sally

‘R(Gullu) v LB Hillingdon [2018] EWHC 1937 (Admin)

This was another challenge to LB Hillingdon’s policy of requiring 10 years residence in borough for admission to the housing register. It follows after TW, SW, and EM, R (On the Application Of) v London Borough Of Hillingdon (2018) EWHC 1791 (our note here) which found that Hillingdon’s policy unjustifiably discriminated against Travellers. But with a very different outcome.’

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Nearly Legal, 5th August 2018

Source: nearlylegal.co.uk

Supreme Court considers when court approval is needed to end life-sustaining treatment – Family Law

Posted August 6th, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘Alex Ruck Keene, barrister at 39 Essex Chambers, examines the Supreme Court’s confirmation in An NHS Trust and others v Y (by his litigation friend, the Official Solicitor) [2018] UKSC 46, [2018] All ER (D) 167 (Jul) that it was not mandatory to seek court approval for withdrawal of clinically assisted nutrition and hydration (CANH) from a patient suffering from a prolonged disorder of consciousness (PDOC) where the patient’s clinical team and family agreed that continued treatment was not in his best interests.’

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Family Law, 3rd August 2018

Source: www.familylaw.co.uk

BAILII: Recent Decisions

Posted August 6th, 2018 in law reports by sally

Court of Appeal (Civil Division)

Henderson v Dorset Healthcare University NHS Foundation Trust [2018] EWCA Civ 1841 (03 August 2018)

High Court (Administrative Court)

The Law Society, R (On the Application Of) v The Lord Chancellor [2018] EWHC 2094 (Admin) (03 August 2018)

North Norfolk District Council v Secretary of State for Housing Communities And Local Government [2018] EWHC 2076 (Admin) (03 August 2018)

Slough Borough Council v Secretary of State for Environment Food And Rural Affairs [2018] EWHC 1963 (Admin) (03 August 2018)

High Court (Commercial Court)

O3B Africa Ltd v Interactive E-Solutions JLT & Anor [2018] EWHC 2072 (Comm) (02 August 2018)

High Court (Queen’s Bench Division)

Ashford Borough Council v Stevens & Ors [2018] EWHC 2101 (QB) (03 August 2018)

Simantob v Shavleyan (t/a Yacob’s Gallery) [2018] EWHC 2005 (QB) (03 August 2018)

Clements v Imperial College Healthcare NHS Trust [2018] EWHC 2064 (QB) (03 August 2018)

Source: www.bailii.org

Gambling licences to be tied to UK advertising and privacy rules – OUT-LAW.com

Posted August 6th, 2018 in advertising, gambling, licensing, news, privacy by sally

‘Gambling providers in Britain could lose the right to operate if they fail to comply with UK advertising rules, privacy regulations or consumer protection law under new licensing requirements set to apply from later this year.’

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OUT-LAW.com, 3rd August 2018

Source: www.out-law.com

Council wins challenge to decision that right of way was ‘byway open to all traffic’ – Local Government Lawyer

Posted August 6th, 2018 in local government, news, rights of way by sally

‘Slough Borough Council has won a High Court challenge to an inspector’s decision that a right of way should be open as a ‘byway open to all traffic’ (BOAT).’

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Local Government Lawyer, 6th August 2018

Source: www.localgovernmentlawyer.co.uk

Warning over online GPs as struck-off doctor discovered using loophole to prescribe ‘unsafe’ drugs – Daily Telegraph

Posted August 6th, 2018 in consumer protection, disciplinary procedures, doctors, electronic commerce, medicines, news by sally

‘The health care regulator is calling for greater powers to protect patients from online GPs after a struck-off doctor was discovered using a loophole to prescribe “unsafe” drugs.’

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Daily Telegraph, 6th August 2018

Source: www.telegraph.co.uk

NHS told ‘offer transgender fertility treatment’ or face legal action – BBC News

Posted August 6th, 2018 in assisted reproduction, health, news, transgender persons by sally

A watchdog is threatening NHS England with legal action if it does not begin offering fertility treatments to transgender patients as standard.

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BBC News, 5th August 2018

Source: www.bbc.co.uk

Slight fall in number of sentences revised up in 2017 after complaints – The Guardian

Posted August 6th, 2018 in appeals, attorney general, news, sentencing, statistics by sally

‘Rapists and killers were among 137 people given tougher penalties after complaints that their original sentences were too lenient last year, official figures for England and Wales show.’

Full Story

The Guardian, 6th August 2018

Source: www.theguardian.com

BAILII: Recent Decisions

Posted August 3rd, 2018 in law reports by sally

High Court (Administrative Court)

Cairns, R (On the Application Of) v Hertfordshire County Council [2018] EWHC 2050 (Admin) (02 August 2018)

High Court (Chancery Division)

Glenn v Watson & Ors [2018] EWHC 2016 (Ch) (31 July 2018)

High Court (Queen’s Bench Division)

Kimathi & Ors v The Foreign And Commonwealth Office [2018] EWHC 2066 (QB) (02 August 2018)

Source: www.bailii.org

Defamation law does not permit ‘cumulative harm’ claims, rules judge – OUT-LAW.com

Posted August 3rd, 2018 in defamation, media, news by sally

‘Statements which, considered in isolation, do not cause or are not likely to cause serious harm to a person’s reputation cannot be aggregated for the purposes of bringing a defamation claim in England and Wales, a High Court judge has ruled.’

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OUT-LAW.com, 2nd August 2018

Source: www.out-law.com

No need for court order for withdrawal of nutrition in case of PVS patients – Supreme Court – UK Human Rights Blog

Posted August 3rd, 2018 in food, human rights, medical treatment, news, Supreme Court by sally

‘NHS Trust v Y (by his litigation friend, the Official Solicitor) and Others, Supreme Court 30 July 2018. The question for the Court was a simple but important one: whether the permission of a court was always required by law before doctors could withdraw feeding from a person in a persistent vegetative state.’

Full Story

UK Human Rights Blog, 2nd August 2018

Source: ukhumanrightsblog.com

“Same roof” rule excluding compensation for abuse is unlawful – Court of Appeal – UK Human Rights Blog

Posted August 3rd, 2018 in child abuse, criminal injuries compensation, domestic violence, human rights, news by sally

‘JT v First Tier Tribunal [2018] EWCA Civ 1735. Between 1968 and 1975 the appellant JT was repeatedly assaulted and raped by her stepfather in her family home. Many years later, her assailant was prosecuted for those crimes and convicted on all counts in 2012. As a victim of violent sexual crime, JT applied for compensation under the Criminal Injuries Compensation Scheme. Her application was refused on the basis of the “same roof” rule, which stated that an award would not be made in respect of a criminal injury sustained before 1 October 1979.’

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UK Human Rights Blog, 31st July 2018

Source: ukhumanrightsblog.com

County council right not to treat man as asylum seeker: High Court – Local Government Lawyer

Posted August 3rd, 2018 in asylum, children, human rights, local government, news by sally

‘Kent County Council was right not to treat a man as an asylum seeker when he had made fresh representations on his case but the government had yet to decide on these, the High Court has found.’

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Local Government Lawyer, 3rd August 2018

Source: www.localgovernmentlawyer.co.uk

Appeal judges reject “sliding scale” approach to quantum of security for costs – Litigation Futures

Posted August 3rd, 2018 in appeals, costs, enforcement, foreign jurisdictions, judgments, news by sally

‘The Court of Appeal has rejected the use of a “sliding scale” to reduce the amount of security for costs in cases where there is a risk that court orders will not be enforced.’

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Litigation Futures, 3rd August 2018

Source: www.litigationfutures.com

£100,000 fine for company that made nuisance PI calls – Legal Futures

Posted August 3rd, 2018 in fines, news, nuisance, personal injuries, telecommunications by sally

‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’

Full Story

Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

Inquest negligence claim against Leigh Day thrown out – Legal Futures

Posted August 3rd, 2018 in inquests, law firms, negligence, news by sally

‘A claim that well-known law firm Leigh Day was negligent in its representation of the family of the deceased at an inquest has been dismissed by the High Court.’

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Legal Futures, 3rd August 2018

Source: www.legalfutures.co.uk

The ‘behaviour’ petition in divorce – as seen in the therapist’s consulting room – Family Law

Posted August 3rd, 2018 in divorce, marriage, news by sally

‘In the context of Resolution’s and the Family Matters campaign for no fault divorce, I hope to offer a perspective from my work as a couple therapist to show one aspect of the emotional fall-out that I see in my consulting room from the current system of fault based divorce. In particular I shall focus on the impact of the “behaviour” petition which in the wake of the case of Owens v Owens [2018] UKSC 41 has, of course, found itself in the limelight.’

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Family Law, 2nd August 2018

Source: www.familylaw.co.uk

Property agent jailed for spending £700,000 of his clients’ money – Crown Prosecution Service

Posted August 3rd, 2018 in client accounts, fraud, press releases, sentencing by sally

‘A property agent who misspent £700,000 in rent he had collected for his clients has been sentenced to five years in prison today.’

Full press release

Crown Prosecution Service, 2nd August 2018

Source: www.cps.gov.uk

NHS mortuaries so lax families are at ‘significant risk’ of burying the wrong bodies, watchdog finds – Daily Telegraph

Posted August 3rd, 2018 in burials and cremation, hospitals, news by sally

‘Hospital mortuaries are storing the dead in filthy fridges and employing such lax checks that families are at “significant risk” of burying the wrong bodies, inspections show. An investigation reveals a 20-fold rise in major failings found by watchdogs in just one year.’

Full Story

Daily Telegraph, 1st August 2018

Source: www.telegraph.co.uk

Roofer fined £300 for carrying sandwich wrappers and crisp packets in his van – Daily Telegraph

Posted August 3rd, 2018 in licensing, news, penalties, waste by sally

‘A white van man has been hit with a £300 fine after sandwich wrappers and crisp packets were found inside his work van.
Roofer Stewart Gosling, 43, was punished with the on-the-spot penalty after a stash of waste he kept in a plastic commercial waste bag was found in the back of his vehicle.’

Full Story

Daily Telegraph, 2nd August 2018

Source: www.telegraph.co.uk