Peter Ball – legislation, then and now (I) – Law & Religion UK
‘The public hearing of the Independent Inquiry Child Sexual Abuse (IICSA) into the Peter Ball case study took place 23-27 July 2018; the IICSA investigated inter alia whether there were inappropriate attempts by people of prominence to interfere in the criminal justice process after he was first accused of child sexual offences. The transcripts of the proceedings and other documents are available here.
The hearing of this case study followed the earlier IICSA consideration of the experience of the Diocese of Chichester, 5-23 March 2018, where there had been multiple allegations of sexual abuse, and numerous investigations and reviews. Peter Ball was Bishop of Lewes from 1977 to 1992 and was translated to Gloucester in 1992, but resigned from his position in 1993 after admitting to an act of gross indecency with a 19-year-old man and accepting a formal police caution.’
Law & Religion UK, 8th August 2018
Source: www.lawandreligionuk.com
The pitfalls of bespoke ADR clauses – Practical Law: Construction Blog
‘For the first time in quite a while I am in the enviable position of having more than one adjudication enforcement case to choose to write about this week. In the end I plumped for Beach Homes v Hazell and Hazell as it raises some interesting points about bespoke dispute resolution clauses. It is a judgment of Mr Jonathan Acton Davis QC, one of the army of Deputy High Court judges currently sitting in the TCC.’
Practical Law: Construction Blog, 7th August 2018
The Mau Mau litigation: fear is not a personal injury – UK Human Rights Blog
‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.
Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’
UK Human Rights Blog, 7th August 2018
Source: ukhumanrightsblog.com
Does Akhter v Khan mean that English Law now recognises Shariah marriages? – Family Law
‘At first glance, it might appear from the reported case of Akhter v Khan [2018] EWFC 54 that we have now finally arrived at the stage where English civil law has recognised an Islamic marriage (Nikah) which has been performed in England and Wales.’
Family Law, 7th August 2018
Source: www.familylaw.co.uk
‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way’ – Courts and Tribunals Judiciary
‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Justice in a Modern Way.’
Courts and Tribunals Judiciary, 7th August 2018
Source: www.judiciary.gov
Depriving children of their liberty: Resources and Reform – Family Law Week
‘Michael Jones, barrister, Deans Court Chambers, Manchester, considers the use of the court’s inherent jurisdiction in some deprivation of children’s liberty cases and calls for urgent reform.’
Family Law Week, 7th August 2018
Source: www.familylawweek.co.uk
Woman jailed for drink-drive crash that killed fiance and daughter – The Guardian
‘A woman who killed her fiance and six-year-old daughter when she crashed her car while almost double the drink-driving limit has been jailed for two years.’
The Guardian, 8th August 2018
Source: www.theguardian.com
Gang who planned to bring migrants to UK on jet skis convicted – The Guardian
‘People-smugglers behind a scheme to bring migrants across the Channel on jet skis are facing jail.’
The Guardian, 7th August 2018
Source: www.theguardian.com
Kellogg’s ‘disappointed’ by TV ad ban for ‘healthier’ granola product – Daily Telegraph
‘Kellogg’s said it was disappointed by a ruling that banned its TV advert to appear between children’s programmes, despite it being for a “healthier” product. Ads for food giants KFC and Kellogg’s have been banned for promoting junk food to children, one outside a school and the other during a television cartoon programme.’
Daily Telegraph, 8th August 2018
Source: www.telegraph.co.uk
Animated child-porn loophole must be closed, says Baroness Howe – Daily Telegraph
‘Adults will be able to view computer-generated child abuse images online because of a loophole in new laws barring under-18s from porn sites, the Government has been warned.’
Daily Telegraph, 8th August 2018
Source: www.telegraph.co.uk
Yorkshire solicitor suspended for Twitter rants – Law Society’s Gazette
‘A law firm partner who sent a series of offensive messages about various religions has been suspended from practising for 18 months.”
Law Society's Gazette, 6th August 2018
Source: www.lawgazette.co.uk
Kamara v Southwark LBC; Leach v St Albans City & District Council; Piper v South Bucks DC – Arden Chambers
‘The Court of Appeal has held that reg.8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999/71, does not require a local housing authority to specify in a “minded-to” letter that an applicant may make representations to the reviewer orally at a face-to-face meeting.’
Arden Chambers, 12th July 2018
Source: www.ardenchambers.com
Court of Appeal in Mencap: The end of minimum wage for sleep-ins when asleep? – Cloisters
‘Nathaniel Caiden considers today’s Court of Appeal judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad in which Caspar Glyn QC and Chesca Lord appeared for Mr Shannon.’
Cloisters, 13th July 2018
Source: www.cloisters.com
“No DSS”: Can landlords and letting agents lawfully bar benefits tenants? – Employment and Discrimination Blog
‘Private landlords and letting agents frequently advertise their properties stating that they will not rent to housing benefit tenants (for some outdated reason, still often referred to as “DSS” tenants).’
Employment and Discrimination Blog, 25th July 2018
Source: employmentblog.practicallaw.com
Gender recognition and trans equality – Counsel
‘With trans headlines constantly in the news, Claire McCann examines the law on trans rights and the dangers of misinformed debate.’
Counsel, August 2018
Source: www.counselmagazine.co.uk
QOCS: costs orders enforceable against damages awards obtained against other defendants – Hailsham Chambers
‘Where a claimant in a QOCS case sues multiple defendants and recovers damages against one or more of them, any successful defendants with costs awards in their favour can enforce them against those damages, the Court of Appeal has decided in Cartwright v Venduct Engineering Limited [2018] EWCA Civ 1654 – but only if the damages are obtained pursuant to a court order rather than a settlement embodied in a Tomlin order.’
Hailsham Chambers, 18th July 2018