Illegal levels of air pollution linked to child’s death – BBC News
‘A nine-year-old girl’s fatal asthma attack has been linked to illegally high levels of air pollution.’
BBC News, 3rd July 2018
Source: www.bbc.co.uk
Homelessness and capacity – Nearly Legal
‘In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance. The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was argued that an application could be made by minors) held that a person had to have capacity to “comprehend or evaluate” an offer of accommodation and could not be treated as a person in priority need. As Lord Griffiths put it, “In my view it is implicit in the provisions of the Act that the duty to make an offer is only owed to those who have the capacity to understand and respond to such an offer and if they accept it to undertake the responsibilities that will be involved.” There is a personal element to this issue – Ferdous Begum and Garlick were cases which first captured my academic interest in homelessness law back in 1992, mainly because the decision seemed wrong discursively (even then) and also because of the real difficulties which occur in practice in the distinction between homelessness and care duties.’
Nearly Legal, 3rd July 2018
Source: nearlylegal.co.uk
Electoral Commission ‘accuses Vote Leave of breaking law’ – The Guardian
‘The elections watchdog has accused Vote Leave of illegal coordination with a student organisation, according to the campaign’s former chief executive, who took the extraordinary step of pre-empting the official investigation.’
The Guardian, 4th July 2018
Source: www.theguardian.com
Solicitors are now “dairy farmers” of PI market as numbers fall – Legal Futures
‘The number of law firms specialising in personal injury (PI) work has fallen by 10% over the past two years, it has been revealed, with one leading practitioner describing solicitors now as the “dairy farmers” of the market due to their declining influence.’
Legal Futures, 2nd July 2018
Source: www.legalfutures.co.uk
People risk unjust prison sentences due to lack of court healthcare – The Guardian
‘Innocent people are at risk of being given unjust prison sentences and suffering physical harm because of a lack of healthcare in courthouses, according to the outgoing head of the independent body charged with monitoring the care and welfare of those brought to court in England and Wales.’
The Guardian, 4th July 2018
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
A and B v Criminal Injuries Compensation Authority & Anor [2018] EWCA Civ 1534 (03 July 2018)
Network Rail Infrastructure Ltd v Williams & Anor [2018] EWCA Civ 1514 (03 July 2018)
Mann & Ors v Transport for London [2018] EWCA Civ 1520 (29 June 2018)
Zipvit Ltd v Revenue And Customs [2018] EWCA Civ 1515 (29 June 2018)
Court of Appeal (Criminal Division)
Najib And Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 1554 (03 July 2018)
Tate, R (on the application of) v Leffers-Smith [2018] EWCA Civ 1519 (29 June 2018)
High Court (Administrative Court)
Dulgheriu & Anor v The London Borough Of Ealing [2018] EWHC 1667 (Admin) (02 July 2018)
High Court (Chancery Division)
Drury v Rafique & Anor [2018] EWHC 1527 (Ch) (29 June 2018)
High Court (Commercial Court)
Seadrill Ghana Operations Ltd v Tullow Ghana Ltd [2018] EWHC 1640 (Comm) (03 July 2018)
BNP Paribas SA v Trattamento Rifiuti Metropolitani SPA [2018] EWHC 1670 (Comm) (02 July 2018)
Minera Las Bambas SA & Anor v Glencore Queensland Ltd & Ors [2018] EWHC 1658 (Comm) (29 June 2018)
Edgeworth Capital (Luxembourg) SARL v Aabar Investments PJS [2018] EWHC 1627 (Comm) (29 June 2018)
High Court (Family Division)
Letts v Letts [2018] EWHC 1639 (Fam) (21 June 2018)
High Court (Queen’s Bench Division)
HF & Anor v Ministry of Defence [2018] EWHC 1623 (QB) (29 June 2018)
High Court (Technology and Construction Court)
Source: www.bailii.org
MPs press for new inquiry into UK role in rendition and torture – The Guardian
‘The UK government will give “careful consideration” to calls for a renewed judge-led inquiry into the country’s involvement in human rights abuses after 9/11, the Foreign Office minister Alan Duncan told MPs on Monday.’
The Guardian, 2nd July 2018
Source: www.theguardian.com
‘Paedophile hunter’ jailed for blackmailing victims – BBC News
‘A self-styled “paedophile hunter” who blackmailed his victims for tens of thousands of pounds has been jailed.’
BBC News, 2nd July 2018
Source: www.bbc.co.uk
“A New Form of Discrimination”: Civil Partnerships for Different-Sex Couples in the UK Supreme Court – Oxford Human Rights Hub
‘Civil partnerships were introduced by the New Labour government in the UK in 2005 to give same-sex couples many of the protections and rights afforded to married couples without actually extending the right to marry. In 2014 same-sex couples were granted the right to marry but the civil partnership status was not revoked. This created a clear inequality: Same-sex couples could choose to marry or to enter into a civil partnership, but the only way that different-sex couples could formalise their relationship was through marriage. In Steinfeld and Keidan, R (on the application of) v Secretary of State for International Development (in substitution for the Home Secretary and the Education Secretary) [2018] UKSC 32 the UK Supreme Court held that this differential treatment was contrary to Art 14 (the prohibition of discrimination) when taken in conjunction with Art 8 (the right to respect for family life) under the European Convention on Human Rights.’
Oxford Human Rights Hub, 2nd July 2018
Source: ohrh.law.ox.ac.uk
Akhmedova v Akhmedov: piercing the corporate veil – Family Law
‘It is not incomprehensible that wealthy business shareholders feed their high-net-worth assets through their companies, with the consequence of making the assets available to their spouse limited and out of reach. It therefore comes as no real surprise that the English family courts have shown that they are prepared to tackle the issues related with parties hiding international assets within divorce proceedings, whilst trying to remedy the same.’
Family Law, 2nd July 2018
Source: www.familylaw.co.uk
Council concedes in strip club policy legal challenge over equality duty failure – Local Government Lawyer
‘Sheffield City Council last week (29 June) conceded in court that it had failed to properly discharge the public sector equality duty, after a campaigner challenged the lawfulness of the authority’s decision to adopt a policy of licensing unlimited strip clubs.’
Local Government Lawyer, 2nd July 2018
Source: www.localgovernmentlawyer.co.uk
UK to ban discredited ‘gay cure’ therapies under LGBT action plan – The Guardian
‘The government will appoint a national LGBT health adviser and take measures to end so-called conversion therapy as part of a plan to deliver what Theresa May has promised will be “real and lasting change”.’
The Guardian, 3rd July 2018
Source: www.theguardian.com
Protesters lose bid to overturn abortion clinic buffer zone – BBC News
‘Protesters have lost their bid to remove a buffer zone around an abortion clinic in west London.’
BBC News, 2nd July 2018
Source: www.bbc.co.uk
Ep. 39: Employment/Disciplinary injunction success for psychiatrist – 1 COR
‘Richard Booth joins Emma-Louise Fenelon to discuss a successful employment injunction to prevent a gross misconduct disciplinary hearing.’
Law Pod UK, 2nd July 2018
Source: audioboom.com
Transgender parents, registration of children on birth and human rights – Family Law
‘The registration of children after birth is an important and significant moment for parents. On first blush there is no obvious link between registration of a child’s birth and the gender of the child’s parents. However, this can be a particularly challenging moment for transgender parents.’
Family Law, 28th June 2018
Source: www.familylaw.co.uk
Website blocking orders – who pays? – Technology Law Update
‘It has been clear for a while now that court orders against intermediaries can be a useful tool in tackling web-based infringement. Online selling requires the involvement of technology services – internet service providers, online marketplaces, social media platforms, etc – in order to function. The law recognises this and looks for ways to tackle infringement. But a recent UK Supreme Court ruling (Cartier International v BT) takes a new direction by requiring IP owners to repay ISPs for the cost of blocking measures.’
Technology Law Update, 29th June 2018
Source: www.technology-law-blog.co.uk
Mixed Data in the Court of Appeal – Panopticon
‘Hot off (Thursday’s) press comes the CA judgment in DB v GMC [2018] EWCA Civ 1497, which will now be the leading case on the treatment of mixed personal data.’
Panopticon, 2nd July 2018
Source: panopticonblog.com
Supreme Court and Court of Appeal replenish ranks with string of new appointments – Litigation Futures
‘Ten senior judicial appointments were announced yesterday, with Lady Justice Arden becoming the third woman to sit on the Supreme Court.’
Litigation Futures, 28th June 2018
Source: www.litigationfutures.com
