Lords vote for second Leveson probe into press conduct – BBC News
‘Peers have backed a proposal that would require Theresa May to proceed with the second stage of the Leveson inquiry.’
BBC News, 10th January 2018
Source: www.bbc.co.uk
The Liam Allan case is the tip of the iceberg – Legal Voice
‘In December 2017 there was a considerable outcry following the case of Liam Allan, a middle class white man studying criminology who had been charged with rape. Crucial material was not disclosed or properly reviewed by the police which totally undermined the case against the defendant and the case was dropped. The Director of Public Prosecutions apologised, an enquiry into disclosure is to follow, the police were slammed, and the issue was raised with the Prime Minister in the House of Commons. Even the Daily Mail got in on the act and other cases have also been dropped since.’
Legal Voice, 10th January 2018
Source: www.legalvoice.org.uk
New lord chancellor prioritises parole transparency review – Law Society’s Gazette
‘Less than 24 hours after the prime minister handed the justice brief to solicitor David Gauke as part of a cabinet reshuffle, the new lord chancellor says he has begun the process of making parole decisions more transparent.’
Law Society's Gazette, January 2018
Source: www.lawgazette.co.uk
The use of testing for drugs and alcohol in FDAC – Family Law
‘The FDAC National Unit (NU) coordinates quarterly meetings for all FDAC substance misuse workers, to provide a forum for discussing issues arising from working in FDAC, which is a very different experience to working within adult treatment services. Issues that arise include being part of a multi-disciplinary team, working within the tight timescales of care proceedings, and the need to focus on the welfare of the child and the child’s timescales rather than solely on the parent/s. Issues relating to testing are also discussed regularly.’
Family Law, 9th January 2018
Source: www.familylaw.co.uk
EVENT: LSE – Lessons from Grenfell Tower: inequality and housing need, the Giant that still divides us
‘The crucially important role of social housing has been recognised following the Grenfell Tower disaster, which also laid bare the disconnect between the ‘elites’ and the most disadvantaged in society.This event explores the link between inequality and housing, evidenced by the growing demand for low cost rented housing among those on the very lowest incomes. Unless the voices of communities and residents are heard and taken seriously, there is a risk that gaps in society will widen even further.’
Date: 23rd February 2018, 6.30-7.30pm
Location: Sheikh Zayed Theatre, New Academic Building, London School of Economics
Charge: Free, see website for details
More information can be found here.
Data protection bill amended to protect security researchers – The Guardian
‘The government is to amend the data protection bill to protect security researchers who work to uncover abuses of personal data, quelling fears that the bill could accidentally criminalise legitimate research.’
The Guardian, 9th January 2018
Source: www.theguardian.com
Privacy, the common law and a celebrity divorce – Transparency Project
‘Under the headline ‘Jamie and Louise Redknapp’s divorce papers to be kept secret as a judge blocks the release of documents’ the Transparency Project reported last week-end that the Press were complaining a London court had ‘blocked the release of papers that would normally be made public and he has not given a reason why’. The Daily Mail, TP said, had complained: ‘A judge has thrown a blanket of secrecy over the’ couple’s divorce.’
Transparency Project, 9th January 2018
Source: www.transparencyproject.org.uk
High Court judge criticises “very serious defects” in housing decision letter – Local Government Lawyer
‘A decision letter sent by the London Borough of Hillingdon to an applicant for housing “suffers from very serious defects”, Nicklin J has said in the High Court.’
Local Government Lawyer, 10th January 2018
Source: www.localgovernmentlawyer.co.uk
SDT issues mental health warning to employers in case of solicitor under billing pressure – Legal Futures
‘The Solicitors Disciplinary Tribunal (SDT) has decided against striking off a solicitor it found had forged correspondence and lied to both her client and her employer, after finding that a root cause of her misconduct was the firm’s culture and the pressure it exerted on her to meet billing targets.’
Legal Futures, 10th January 2018
Source: www.legalfutures.co.uk
Brexit bill may have broken international environment law, says UN – The Guardian
‘The British government may have breached a major “environmental democracy” law by failing to consult the public when drawing up Brexit legislation.’
The Guardian, 9th January 2018
Source: www.theguardian.com
Council mulls consultation on public space protection order to protect health clinic – Local Government Lawyer
‘The Cabinet at the London Borough of Ealing will next week (16 January) consider whether to authorise a consultation on a possible Public Spaces Protection Order (PSPO) around a Marie Stopes clinic.’
Local Government Lawyer, 9th January 2018
Source: www.localgovernmentlawyer.co.uk
Plastic bag charge: 5p levy could be extended in England – BBC News
‘The 5p charge for plastic bags in large shops in England could be extended to cover nearly all retailers, as part of government plans for the environment.’
BBC News, 10th January 2018
Source: www.bbc.co.uk
Why has serial offender Terry Ellis swapped a life of crime to go straight? – The Guardian
‘A stint at the UK’s only therapeutic prison, Grendon, put this criminal in touch with his feelings. It’s allowed him to set up a business to help others leaving jail.’
The Guardian, 9th January 2018
Source: www.theguardian.com
Ryan v Villarosa [2017] UKUT 466 (LC) – Tanfield Chambers
‘In a conflict between a clear scheme of covenants and complimentary service charge machinery, and ambiguous declarations as to the relationship between one of the parties to the lease and a third party, (both contained in the same lease) the scheme takes precedence and is binding on the parties – coherence trumps uncertainty where provisions are in conflict.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
Westmark (Lettings) Limited v Peddle & Ors [2017] UKUT 449 (LC) – Tanfield Chambers
‘For the purposes of Section 20B(1) of the Landlord and Tenant Act 1985 (“the 1985 Act”) a relevant cost is incurred by an intermediate landlord when that intermediate landlord receives a demand from its own landlord in respect of services provided by it or a superior landlord. A residential tenant’s 18-month limitation period begins to run only when his or her immediate landlord receives a demand incurring the cost, not when the superior landlord providing the service originally incurs its own cost.’
Tanfield Chambers, 8th January 2018
Source: www.tanfieldchambers.co.uk
Data Breaches, Vicarious Liability of Employers & the Impact on the Insurance Industry – Six Pump Court
‘The recent judgment in the Morrisons case Various Claimants and WM Morrisons Supermarket PLC concerning the vicariously liability of employers for the actions of employees involved in breaches of data is potentially highly significant for the insurance industry – both for the insurer and the insured.’
Six Pump Court, 8th January 2018
Source: www.6pumpcourt.co.uk
Must the family be told? Genetic information and liability for non-disclosure to relatives – 1 Crown Office Row
‘The facts of the ABC case are unusual and undeniably tragic. In 2007, ABC’s father shot and killed her mother. He was convicted of manslaughter, on the basis of diminished responsibility, and sentenced to a hospital order under the Mental Health Act 1983, s 37, with a restriction order under s 41 of the Act. The respective roles of the defendants in relation to the father’s subsequent care and treatment were as follows: he was detained in a clinic run by the second defendant (the South West London and St George’s Mental Health NHS Trust), where, whilst resident, he was seen by a social worker for whom the third defendant (Sussex Partnership NHS Foundation Trust) was responsible, and he was referred to the first defendant’s hospital (St George’s Hospital) in order that his disorder could be explored.’
1 Crown Office Row, 9th January 2018
Source: www.1cor.com
Gilham v Ministry of Justice: Court of Appeal Rules That Judges Are Not ‘Workers’ – Old Square Chambers
‘In this important recent judgment, the Court of Appeal unanimously held that judges are not “workers” within the meaning of section 230(3) of the Employment Rights Act 1996, and therefore are not entitled to protection from whistleblowing under the provisions of that Act. The Court of Appeal also held that the absence of a remedy for whistleblowing under the 1996 Act did not amount to a breach of a judge’s rights under Article 10 or Article 14 ECHR.’
Old Square Chambers, 3rd January 2018
Source: www.oldsquare.co.uk
Exploring “Reasonable Financial Provision” – Lewis v Warner – Hardwicke Chambers
‘On 19th December 2017, the Court of Appeal handed down judgment in the case of Lynn Lewis v Thomas Warner [2017] EWCA 2182 (Civ). The case involved “unusual” and “exceptional” circumstances and was the first time that an application by a cohabitee under the amended s1(1)(ba) and 1(1A) of the Inheritance (Provision for Family and Dependents) Act 1975 (‘the Act’) had reached the Court of Appeal.’
Hardwicke Chambers, 5th January 2018
Source: www.hardwicke.co.uk
Professional negligence round up: what were the key areas of development in 2017 and what are the battlegrounds for the future? – 4 New Square
‘2017 was a particularly significant year for professional liability cases, with a handful of problematic areas of the law receiving repeated consideration by the courts. Below we set out our thoughts on how the law has changed or been reaffirmed in these areas, explain whether there have been any discernible shifts in policy and identify further points ripe for dispute and development in 2018.’
4 New Square, 4th January 2018
Source: www.4newsquare.com
