Rashan Charles death: Met Police officer not facing charges – BBC News
‘A police officer will not face prosecution over the death of Rashan Charles.’
BBC News, 21st January 2018
Source: www.bbc.co.uk
Immigration and asylum The new arrivals UK Home Office tells stateless man: go home – The Guardian
‘A man who has been stateless for 31 years has been denied protection in the UK after the Home Office refused to accept he was originally from Palestine, despite advising him to return there on two occasions.’
The Guardian, 22nd January 2018
Source: www.theguardian.com
Terms of reference for the review of law, policy and procedure relating to parole decisions – Ministry of Justice
‘The review will look at the case for changing key aspects of Parole Board decision-making.’
Ministry of Justice, 19th January 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
John Worboys release will not be challenged by government – BBC News
‘The government will not challenge the decision to release rapist John Worboys, the justice secretary says.’
BBC News, 19th January 2018
Source: www.bbc.co.uk
UK minister attempts to clarify data protection plans after watchdog’s concerns – OUT-LAW.com
‘Concerns that proposed new UK data protection laws threaten the independence of the country’s data protection watchdog are “misplaced”, a government minister has said.’
OUT-LAW.com, 18th January 2018
Source: www.out-law.com
Ecclesiastical court judgments – December – Law & Religion UK
‘Review of the ecclesiastical court judgments during December 2017.’
Law & Religion UK, 16th January 2018
Source: www.lawandreligionuk.com
Security bodies and legal advice: some Upper Tribunal droning – Panopticon
‘The Times’ Lawyer of the Week this morning discusses an Upper Tribunal FOIA appeal brought by Rights Watch UK (for whom Daniel Carey, the Lawyer of the Week, acted pro bono), seeking disclosure of the Attorney General’s advice on drone strikes in Syria. The case was Corderoy & Ahmed v IC, AGO, Cabinet Office [2017] UKUT 495 (AAC). Whether you consider it a win, a loss or a draw (and if so for whom) will depend on which side you’re on here and, as counsel on all sides were colleagues at 11KBW, I will attempt a studied neutrality. I confess I have not found all aspects of the judgment easy to follow, but here you go.’
Panopticon, 18th January 2018
Source: panopticonblog.com
Ziggurat: the crumbling edifice of surety bonds – Practical Law: Construction Blog
‘I read the decision in Ziggurat with some incredulity. I hadn’t intended to trespass on Karen Spencer’s territory, and overall I’d agree with her conclusion that the amendments made to the ABI form seem to have confused rather than clarified matters. I’d also agree with Roddy Cormack’s comment that more radical surgery is needed if the employer wishes to secure earlier payment following the contractor’s insolvency. But I did want to offer some thoughts on what the decision tells us about wider issues in the surety bonding market.’
Practical Law: Construction Blog, 17th January 2018
Deportation of foreign criminals: out of country appeals still lawful – UK Human Rights Blog
‘Nixon & Anor, R (On the Application of) Secretary of State for the Home Office [2018] EWCA Civ 3, 17 January 2018. The Court of Appeal has refused a judicial review application and permission to appeal in two cases where the applicants were required to pursue their challenges to deportation “out of country” rather than in the UK. Where the Secretary of State has rejected a human rights claim, and deportation is considered in the public good – because the deportee is a foreign criminal – there has been debate about the effectiveness of an out-of-country appeal.’
UK Human Rights Blog, 18th January 2018
Source: ukhumanrightsblog.com
Calls for views on transforming court estate – Ministry of Justice
‘A public consultation on proposals to shape future decisions on the court and tribunal estate was launched today, as part of the transformation of our justice system.’
Ministry of Justice, 18th January 2018
Source: www.gov.uk/government/organisations/ministry-of-justice
“Not unreasonable” for solicitors to switch from DBA to CFA shortly before trial – Litigation Futures
‘Claimants did not act unreasonably in switching funding from a damages-based agreement (DBA) to a conditional fee agreement (CFA) shortly before trial, even though the defendants are now facing a much larger bill, a costs judge has ruled.’
Litigation Futures, 18th January 2018
Source: www.litigationfutures.com
Radical new disclosure regime to ‘spell out’ lawyers’ duties – Law Society’s Gazette
‘A radical new disclosure regime for the Business and Property Courts will have a “far-reaching effect on civil litigation”, a leading City lawyer has claimed.’
Law Society's Gazette, 18th January 2018
Source: www.lawgazette.co.uk
Parents with Learning Disabilities and a Local Authority’s Responsibilities – Family Law Week
‘Emma Harman, barrister of 3PB, explains the lessons that can be learned from A Local Authority v G (Parent with Learning Disability) [2017] EWFC B94.’
Family Law Week, 18th January 2018
Source: www.familylawweek.co.uk
Hacker admits international cyber attacks – Crown Prosecution Service
‘A hacker who was responsible for thousands of cyber-attacks on firms around the world including Skype and Google has been jailed for two years.’
Crown Prosecution Service, 18th January 2018
Source: www.cps.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hussain v General Pharmaceutical Council (Rev 1) [2018] EWCA Civ 22 (18 January 2018)
Easynet Global Services Ltd, Re [2018] EWCA Civ 10 (18 January 2018)
Trigg v HM Revenue & Customs [2018] EWCA 17 Civ (18 January 2018)
Monde Petroleum SA v Westernzagros Ltd [2018] EWCA Civ 25 (18 January 2018)
Teoco UK Ltd v) Aircom Jersey 4 Ltd & Anor [2018] EWCA Civ 23 (18 January 2018)
Court of Appeal (Criminal Division)
Lovell, R v [2018] EWCA Crim 19 (18 January 2018)
Alamgir & Ors, R v [2018] EWCA Crim 21 (18 January 2018)
High Court (Chancery Division)
Bakhshiyeva v Sberbank of Russia & Ors [2018] EWHC 59 (Ch) (18 January 2018)
High Court (Queen’s Bench Division)
UK Insurance Ltd v Gentry [2018] EWHC 37 (QB) (18 January 2018)
Source: www.bailii.org
Adoption a ‘runaway train often breaching rights of birth parents’ – The Guardian
‘The British Association of Social Workers’s (BASW) independent adoption inquiry is the first to investigate the role of social workers in adoption with a focus on ethics and human rights and has called for a significant rethink and review of adoption law.’
The Guardian, 18th January 2018
Source: www.theguardian.com
Liverpool prison has ‘worst conditions inspectors have seen’ – The Guardian
‘Prison chiefs have been summoned next week to explain to MPs their “abject failure” over living conditions in Liverpool prison, which have been described by inspectors as the worst they can recall.’
The Guardian, 19th January 2018
Source: www.theguardian.com
HMP Nottingham: Prisons inspector issues ‘urgent notification’ because inmates’ lives at risk – The Independent
‘An “urgent notification” has been issued by the prisons watchdog for the first time because he warns lives are at risk at HMP Nottingham after inspectors deemed it a “fundamentally unsafe” jail.’
The Independent, 18th January 2018
Source: www.independent.co.uk
Michael Barrymore: Pool death inquest bid blocked – BBC News
‘A bid for a fresh inquest into the death of a man at entertainer Michael Barrymore’s house in 2001 has been blocked by the attorney general.’
Full press release from Attorney General
BBC News, 18th January 2018
Source: www.bbc.co.uk
No one innocent is in prison due to disclosure failures, claims DPP after string of rape cases collapse – The Independent
‘Britain’s most senior prosecutor has claimed that no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.
Critics dismissed Alison Saunders’ assurance as “impossible” as they follow the collapse of several high-profile rape cases which were undermined by phone messages and pictures uncovered by lawyers.’
The Independent, 18th January 2018
Source: www.independent.co.uk
