Final UK network and information security laws published – OUT-LAW.com
‘UK laws which will implement the EU’s Network and Information Security (NIS) Directive have been finalised and published.’
OUT-LAW.com, 27th April 2018
Source: www.out-law.com
Throttling Environmental Information – Panopticon
‘As is so often the way in information rights, the Upper Tribunal reaches a perfectly sensible decision and gives practical guidance which others can actually apply, only for the Court of Appeal to insist on saying mostly the same thing but less clearly and less helpfully. As a result, the Upper Tribunal then has to reconsider the area and steer the law back to a productive course. So it was in Department for Transport & Driver and Vehicle Standards Agency & Porsche Cars GB Ltd v Information Commissioner & Cieslik [2018] UKUT 127 (AAC) (Cieslik), on the – to put it politely – potential interpretative difficulties on the issue of the meaning of “environmental information” under the EIR following the ‘guidance’ of the Court of Appeal in Department for Business, Enterprise and Industrial Strategy v Information Commissioner & Henney [2017] EWCA Civ 844 (see here). And the judgment of Judge Markus QC in Cieslik is a genuinely important and valuable exercise in course correction.’
Panopticon, 27th April 2018
Source: panopticonblog.com
Cash flow tensions in adjudication enforcement – Practical Law: Construction Blog
‘Much has been written about Fraser J’s judgment in Gosvenor London Ltd v Aygun Aluminium UK Ltd, with both Tim Sampson and Abdul Jinadu discussing various issues on this blog. What I thought was interesting about the judgment was how it illustrates the tension between adjudication and the principle embodied within it of keeping cash flowing, and how a successful challenge on enforcement may stop it. Ironically, this is often at a time when a party most needs cash to keep flowing.’
Practical Law: Construction Blog, 24th April 2018
Jessica van der Meer: Paws for Thought: The High Court tackles PSPOs in a Landmark Judgment – UK Constitutional Law Association
‘The end of April 2018 was a big week for local government governance. In the same week that Ealing Council enacted a Public Spaces Protection Order (PSPO) to ban pro-life vigils from taking place outside a Marie Stopes clinic, the High Court handed down a landmark judgment dealing with PSPOs. The judgment is the first example of PSPOs being successfully challenged in the High Court.’
UK Constitutional Law Association, 26th April 2018
Source: ukconstitutionallaw.org
Case Comment: Morris-Garner v One Step (Support) Ltd [2018] UKSC 20 – UK Supreme Court Blog
‘PAUL NICHOLLS QC, MATRIX Case Comments: It is often very difficult in cases involving breaches of restrictive covenants and misuse of confidential information to recover damages. It can be hard to prove loss. Employees may adduce evidence to show, for example, that customers would have ceased to deal with the claimant employer as a result of the mere fact of the employee’s departure such that the employee’s breach of a non-solicitation covenant has not caused loss. In cases about misuse of confidential information, the employee may be able to show that information wrongly removed could easily have been obtained from legitimate sources such that no loss flows from the misuse.’
UK Supreme Court Blog, 24th April 2018
Source: ukscblog.com
Can you run in school? – The duty of care owed to school children after Pook v Rossall – Zenith PI
‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
Fundamental Dishonesty or Fundamental Miscommunication? – Zenith PI
‘In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015.
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
SC (Zimbabwe) v Secretary of State for the Home Department [2018] EWCA Civ 929 (26 April 2018)
Youssef -v Secretary of State for the Home Departmen [2018] EWCA Civ 933 (26 April 2018)
Srivatsa v Secretary of State for Health & Anor [2018] EWCA Civ 936 (26 April 2018)
WB v W District Council [2018] EWCA Civ 928 (26 April 2018)
X v Kuoni Travel Ltd [2018] EWCA Civ 938 (26 April 2018)
Court of Appeal (Criminal Division)
M Najib & Sons Ltd v Crown Prosecution Service [2018] EWCA Crim 909 (26 April 2018)
High Court (Administrative Court)
Ip v Solicitors Regulation Authority [2018] EWHC 957 (Admin) (26 April 2018)
High Court (Chancery Division)
Food Convertors Ltd & Anor v Newell & Anor [2018] EWHC 926 (Ch) (27 April 2018)
Sky Plc & Ors v Skykick UK Ltd & Anor [2018] EWHC 943 (Ch) (27 April 2018)
High Court (Commercial Court)
The Republic of Angola & Anor v Perfectbit Ltd & Ors [2018] EWHC 965 (Comm) (26 April 2018)
High Court (Queen’s Bench Division)
Coulter v Independent Press Standards Organisation CIC (IPSO) [2018] EWHC 919 (QB) (27 April 2018)
Bourne Rail Ltd & Anor v Ashton & Ors [2018] EWHC 910 (QB) (26 April 2018)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
Chairman’s letter to sentencers on imposition of community and custodial sentences – Sentencing Council
‘Earlier this month, the Chairman of the Sentencing Council, Lord Justice Treacy, wrote to all sentencers to remind them of the requirement to follow the Council’s Imposition of Community and Custodial Sentences Definitive Guideline, which has been in force since February 2017. Courts are statutorily bound to follow sentencing guidelines unless it is in the interests of justice not to do so.’
Sentencing Council, 24th April 2018
Media watchdog upholds complaint by council over “distorted” coverage of foster case – Local Government Lawyer
‘The Independent Press Standards Organisation (IPSO) has upheld a complaint by the London Borough of Tower Hamlets against a national newspaper’s coverage of a fostering case.
IPSO concluded that The Times had breached Clause 1 (Accuracy) in an article headlined ‘Judge rules child must leave Muslim foster home’, which was published on 30 August 2017.’
Local Government Lawyer, 25th April 2018
Source: www.localgovernmentlawyer.co.uk
New taskforce to take action against violent crime – Home Office
‘Home Secretary announces membership of new cross-party taskforce to take action against violent crime.’
Home Office, 25th April 2018
Source: www.gov.uk/home-office
Police officer who stole drugs ordered to repay £135,000 – Crown Prosecution Service
‘A police officer who stole and sold the illegal drugs he was meant to dispose of has been ordered to pay back more than £135,000.’
Crown Prosecution Service, 24th April 2018
Source: www.cps.gov.uk
Speech by Sir Brian Leveson: The Pursuit of Criminal Justice – Courts and Tribunals Judiciary
‘Speech by Sir Brian Leveson: The Pursuit of Criminal Justice.’
Courts and Tribunals Judiciary, 26th April 2018
Source: www.judiciary.gov.uk
Legal profession facing talent drain as mental health problems surge – Law Society’s Gazette
‘The proportion of trainees who have experienced mental health problems has more than doubled in the last year, a survey has found, as junior lawyers continue to report severe levels of stress. In its 2018 resilience and wellbeing survey, the Law Society’s Junior Lawyers Division (JLD) found that 39% of trainees reported suffering from mental health problems, up from 19% last year. Among the division’s members as a whole, 38% of respondents said they had experienced mental health problems in the past year, up from 26% last time.’
Law Society's Gazette, 27th April 2018
Source: www.lawgazette.co.uk
Judicial shortages pose threat to court system, top judge warns – The Guardian
‘The effective operation of the courts in England and Wales is under threat due to problems of judicial recruitment, increasingly heavy workloads and deteriorating working conditions, according to the lord chief justice. In his first appearance before the Lords constitution select committee in his new post on Wednesday, Lord Burnett of Maldon also highlighted the growing problem of death threats being made against judges on social media and the need to provide protection.’
The Guardian, 25th April 2018
Source: www.theguardian.com
Immigration lawyers using delaying tactics to keep illegal immigrants in Britain, High Court says – Daily Telegraph
‘Immigration lawyers are using delaying tactics to keep illegal immigrants in Britain, High Court judges have said. Law firms are “buying time” by filing endless “hopeless” appeals and applications “with a view to generating new Home Office decisions” and keeping the process going for longer, two senior judges said.’
Daily Telegraph, 26th April 2018
Source: www.telegraph.co.uk
Self-harm and violent attacks hit record high in prisons across England and Wales – The Independent
‘Self-harm and violent attacks have hit record levels in prisons across England and Wales as campaigners warn of a “system in crisis”. More than 11,600 prisoners harmed themselves in 2017 – a record high – and the number of separate incidents rose by 11 per cent to 44,600.’
The Independent, 26th April 2018
Source: www.independent.co.uk
Former Salvation Army members jailed for sexual abuse in 70s and 80s – Crown Prosecution Service
‘Three men have today jailed for sexually abusing young female members of the Salvation Army in Blackpool in the 1970s and 1980s.’
Crown Prosecution Service, 23rd April 2018
Source: www.cps.gov.uk
