Stephen Lawrence Day to be held annually – BBC News
‘A national day of commemoration for murdered teenager Stephen Lawrence will take place on 22 April every year, the prime minister has said.’
BBC News, 23rd April 2018
Source: www.bbc.co.uk
New Europe law makes it easy to find out what your boss has said about you – The Guardian
‘General Data Protection Regulation holds that anyone in Europe can ask any company for the data it has on them.’
The Guardian, 24th April 2018
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Network and Information Systems Regulations 2018
The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment No. 2) Regulations 2018
The Export (Penalty) (Amendment) Regulations 2018
The Pigs (Records, Identification and Movement) (Amendment) Order 2018
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Moorthy v Revenue And Customs [2018] EWCA Civ 847 (20 April 2018)
Hickey v The Secretary of State for Work and Pensions [2018] EWCA Civ 851 (20 April 2018)
Green v Southern Pacific Mortgage Ltd & Anor [2018] EWCA Civ 854 (20 April 2018)
High Court (Administrative Court)
SC & Ors v Secretary of State for Work And Pensions & Ors[2018] EWHC 864 (Admin) (20 April 2018)
High Court (Chancery Division)
Old Mutual Plc, Re [2018] EWHC 873 (Ch) (20 April 2018)
Nutt & Anor v Nutt [2018] EWHC 851 (Ch) (19 April 2018)
High Court (Commercial Court)
Joseph v LEBC Group Ltd [2018] EWHC 876 (Comm) (20 April 2018)
Akcine Bendrove Bankas Snoras v Antonov & Ors [2018] EWHC 887 (Comm) (20 April 2018)
High Court (Queen’s Bench Division)
Farah v Abdullahi & Ors [2018] EWHC 738 (QB) (20 April 2018)
Source: www.bailii.org
Prejudice to commercial interests – Local Government Law
‘In Case No. EA/2017/0057, Hartlepool Borough Council v The Information Commissioner, the FTT was concerned with whether under FoIA Section 43(2) disclosure would or would be likely to prejudice the commercial interests of any party and if so whether the public interest in maintaining that exemption outweighs the public interest in disclosure. The FTT upheld the Commissioner’s Decision that the disputed information must be disclosed. The Borough Council’s Appeal was dismissed.’
Local Government Law, 18th April 2018
Source: local-government-law.11kbw.com
Insurer must compensate solicitor whose clients it induced to settle – OUT-LAW.com
‘An insurer which offered to settle directly with personal injury claimants who had filed notices of their claims on the Road Traffic Accidents Portal (RTA Portal) must compensate the claimants’ solicitors, who would otherwise have been entitled to costs by virtue of a conditional fee agreement (CFA).’
OUT-LAW.com, 20th April 2018
Source: www.out-law.com
Supreme Court limits ‘negotiating damages’ for restrictive covenant breaches – OUT-LAW.com
‘Damages awarded to the owners of a care business for the breach by their former business partners of a non-compete clause and other restrictive covenants should be calculated based on their actual financial loss, rather than hypothetical “negotiating damages”, the UK’s highest court has ruled.’
OUT-LAW.com, 20th April 2018
Source: www.out-law.com
Veronika Fikfak and Hayley J. Hooper: Whither the War Powers Convention? What Next for Parliamentary Control of Armed Conflict after Syria? – UK Constitutional Law Association
‘On Friday 13 April 2018 the Royal Air Force participated in air strikes (together with the United States and France) to degrade the Syrian regime’s chemical weapons capability and to deter further chemical attacks. This intervention in Syria was not authorised by the UN Security Council, nor was the involvement of British troops approved by the House of Commons. Instead, the decision to send British forces to Syria was made by The Prime Minister Theresa in conjunction with the Cabinet. Readers can view her public statement from 14 April 2018 here. Events unfolded this way despite governmental acknowledgement of a War Powers Convention in the 2011 Cabinet Manual.’
UK Constitutional Law Association, 20th April 2018
Source: ukconstitutionallaw.org
Headline- Round Up: Sir Cliff Richard’s case against the BBC reaches the High Court – UK Human Rights Blog
‘The legal battle between Sir Cliff Richard and the BBC has begun in the High Court. In August 2014, police raided Sir Cliff’s home based on an allegation of historic child sexual abuse. The BBC broadcast live footage of the raid filmed from a helicopter. The singer was interviewed under caution, but never charged. Sir Cliff alleges that the BBC’s coverage of the police raid on his home was a serious invasion of his right to privacy, for which there was no lawful justification. He also alleges breaches of his data protection rights. The singer seeks substantial general damages, plus £278,000 for legal costs, over £108,000 for PR fees which he spent in order to rebuild his reputation, and an undisclosed sum relating to the cancellation of his autobiography’s publication. He began giving evidence on the first day of the hearing.’
UK Human Rights Blog, 23rd April 2018
Source: ukhumanrightsblog.com
Case Comment: R (Gibson) v Secretary of State for Justice [2018] UKSC 2 – Supreme Court Blog
‘On one view this is perhaps the most esoteric of the 28 appeals regarding the confiscation or civil recovery legislation which have been determined by the House of Lords, Privy Council or Supreme Court over the past 24 years.’
Supreme Court Blog, 20th April 2018
Source: ukscblog.com
Council publishes independent review – Sentencing Council
‘In 2017 the Sentencing Council commissioned an independent academic to carry out an internal review to support the Council in considering how best it could exercise its statutory functions and to make recommendations on areas of work it might want to consider taking forward in the future. The work was undertaken by Professor Sir Anthony Bottoms, Emeritus Professor at the Institute of Criminology, University of Cambridge, and his colleague, Dr Jo Parsons. The Council welcomes this Review, which we are publishing today alongside a summary of the work we are taking forward as a result.’
Sentencing Council, 18th April 2018
Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures
‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’
Litigation Futures, 23rd April 2018
Source: www.litigationfutures.com
Man jailed for setting his neighbour alight – Crown Prosecution Service
‘A man who doused his neighbour with petrol and set her alight has been jailed for 19 years.’
Crown Prosecution Service, 20th April 2018
Source: www.cps.gov.uk
Men jailed for taking £1million as part of pension fund fraud – Crown Prosecution Service
‘Two men who tricked investors into transferring their pensions to a fake scheme before spending almost £1million of the funds have been jailed.’
Crown Prosecution Service, 23rd April 2018
Source: www.cps.gov.uk
Man who sexually abused 6 year old girl jailed for longer after Solicitor General intervenes in case – Attorney General’s Office
‘A man who sexually abused a 6 year old girl has had his sentence increased after the Solicitor General, Robert Buckland QC MP, appealed it for being too low.’
Attorney General’s Office, 20th April 2018
Source: www.gov.uk/ago
Getting the Most Out of Independent Reviewing Officers in Care Proceedings – Family Law Week
‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, argues for a more involved role for IROs in care proceedings.’
Family Law Week, 20th April 2018
Source: www.familylawweek.co.uk
Voter identity checks may discriminate against ethnic minority communities, watchdog says – The Independent
‘Plans to force voters to show photo identification at polling stations may discriminate against people from ethnic minority communities, the equality watchdog has reportedly warned. The new rules – being trialled to prevent voter fraud – would also hit the young and old, those with disabilities and transgender people, the Equality and Human Rights Commission claims in a leaked letter to Cabinet Office minister David Lidington.’
The Independent, 22nd April 2018
Source: www.independent.co.uk
Major police review recommends dropping policy of automatically believing ‘victims’ – Daily Telegraph
‘An alleged fantasist known as Nick, gave five different accounts of VIP abuse to the police, but was still regarded as “credible and true”, it has emerged, as a review recommends dropping the policy of automatically believing “victims”. Under the current rules, police forces must believe a person who makes a complaint of rape or sexual assault, in order to give victims the confidence to come forward after an attack. But that policy is now expected to be dropped after a string of allegedly malicious complaints were made against high profile people including politicians and celebrities.’
Daily Telegraph, 22nd April 2018
Source: www.telegraph.co.uk
