‘A change in the law that makes it more challenging to prove defamation in England and Wales is just one reason why the number of defamation cases brought in the UK fell last year, according to a media law expert.’
OUT-LAW.com, 7th June 2017
Source: www.out-law.com
‘The rules around photography at elections were not drawn up with social media in mind, so it’s best to keep that phone in your pocket while you vote.’
The Guardian, 8th June 2017
Source: www.theguardian.com
‘It sometimes vexes police lawyers – how the police can be a prosecutor for the purpose of malicious prosecution when it is the Crown Prosecution Service that makes the decision to prosecute. Further, it has not always been easy to identify what acts of officers can result in liability for misfeasance in a public office. In Rees v Commissioner of Police for the Metropolis [2017] EWHC 273 (QB), Mitting J explained both of these – disagreeing with some previous cases and explaining others.’
UK Police Law Blog, 7th June 2017
Source: ukpolicelawblog.com
‘Care home bosses could increasingly face prosecution over the neglect of residents after a “groundbreaking” court case into “organised and systematic” abuse.’
Daily Telegraph, 7th June 2017
Source: www.telegraph.co.uk
‘The London Bridge attacks have triggered a big spike in hate crimes with a significant amount of them being attacks in the street directed at British Muslims.’
The Guardian, 7th June 2017
Source: www.theguardian.com
General Medical Council v Jagjivan and another [2017] EWHC 1247 (Admin)
‘Where, at the conclusion of a hearing by the Medical Practitioners Tribunal, a direction under section 35D of the Medical Act 1983 has not been given, on the ordinary wording of section 40A(1)(d) of the Act the tribunal has made a decision not to give a direction under section 35D. Accordingly, where the tribunal has made such a decision, the General Medical Council has jurisdiction to appeal, pursuant to section 40A, against that decision. The words “after determining that the person’s fitness to practise is impaired” are not present at the end of section 40A(1)(d) and do not require to be read into that subsection. Moreover, it would be anomalous if the General Medical Council’s right of appeal were confined to cases where the tribunal had made a finding of impairment or imposed some sanction, and no regard could be had to an erroneous failure by the tribunal to find an impairment of fitness to practise (paras 27, 32).’
WLR Daily, 26th May 2017
Source: www.iclr.co.uk
Regina (ZX) v Secretary of State for Justice [2017] EWCA Civ 155
‘The claimant, a married British citizen of Bangladeshi origin with three children, was convicted on his guilty plea of two terrorism related offences and sentenced in the Crown Court to a term of three years’ imprisonment. Following his release on licence, conditions were imposed on his licence precluding him, inter alia, from having contact with his children save as directed by the National Probation Service (“the NPS”) and local children’s services. He sought to challenge the imposition of those conditions on the basis that the NPS had no lawful entitlement to give a direction separating him from his children, that there was no properly identified risk and that no separation could properly be directed without due compliance with the provisions of the Children Act 1989 and the Children Act 2004 and, if need be, without an order of the Family Court. Permission to proceed with the claim for judicial review was refused on the basis that the grounds raised were not arguable. The claimant appealed on the grounds, inter alia, that the judge had misdirected himself as to the scope and effect of the NPS’s duties under section 11 of the 2004 Act (to make arrangements for ensuring that its functions were discharged having regard to the need to safeguard and promote the welfare of children).’
WLR Daily, 17th March 2017
Source: www.iclr.co.uk
In re RBS rights issue litigation (No 2) [2017] EWHC 1217 (Ch)
‘Subsequent to the defendant bank and its directors having learnt of the identity of the third party funders of the claimants following a successful application made under CPR r 25.14, the defendants sought security for costs pursuant to CPR r 25.14(2)(b) against those funders. That application was prompted by settlements with some of the original claimants, as a result of which the remaining claimants’ exposure to adverse costs increased, and by the defendants learning that the claimants did not have adequate after-the-event (“ATE”) insurance cover in place. The first respondent, a commercial funder and British Virgin Islands entity, opposed the application on the grounds that: (a) its financial position was such that it would be well able to meet any award for costs and in any event the defendants had not demonstrated that the claimants would fail to meet a costs award against them; and (b) the application was made extremely late and therefore caused it and the claimants real prejudice. The second respondent, an Isle of Man entity that was not in the business of litigation funding and provided funding close to the eve of trial, opposed the application on the grounds that: (a) it was unlikely that a section 51 order would be made against it in due course; and (b) no security was justified or necessary on the evidence and the timing was oppressive. Both respondents also argued that: (c) the quantum of security sought was excessive.’
WLR Daily, 23rd May 2017
Source: www.iclr.co.uk
In re Y (A Child) (Wardship: Assistance on Transition to Adulthood) [2017] EWHC 968 (Fam)
Approving a package of support suggested by the local authority, the court identified the range and scope of support available for a radicalised child approaching the end of their wardship, compared with that available to a child who was instead leaving care, before observing that this may be one of many factors to be bourne in mind when considering which legal framework is most appropriate to protect a young person in danger of radicalisation (paras 12–64, 65–68).
WLR Daily, 27th April 2017
Source: www.iclr.co.uk
‘The Law Society has told the Department of Health that its proposed rapid resolution and redress (RRR) scheme will fail to deliver its intended result of fewer severe avoidable birth injuries.’
Local Government Lawyer, 7th June 2017
Source: www.localgovernmentlawyer.co.uk
‘Substantial damages of £10,500 have been awarded to a claimant who was unlawfully detained for a period of 70 days. The Home Office had failed to serve the Claimant with notice of a decision on his application to vary his leave to remain in the UK before detaining him, rendering his detention unlawful. The case is R (on the application of) Godwin Chaparadza v Secretary of State for the Home Department [2017] EWHC 1209 (Admin).’
Free Movement, 7th June 2017
Source: www.freemovement.org.uk
‘International law firms face being held to ransom after falling foul of China’s problematic trade mark filing rules.’
Law Society's Gazette, 6th June 2017
Source: www.lawgazette.co.uk
‘The issues relating to imprisonment of individuals with mental health problems in the UK has attracted considerable attention, as the number of self-inflicted deaths has risen to the highest number since records began in 1978. With a rate of one prison suicide every three days, the director of the Howard League described the current rate as having reached “epidemic proportions”. The steady rise of deaths in custody has prompted a series of inquiries in recent years, and has drawn scrutiny from UN bodies and Special Procedures, and more recently, UN Member States as part of a periodic review of its human rights performance. However, despite this, little progress has been made.’
UK Human Rights Blog, 7th June 2017
Source: ukhumanrightsblog.com
‘EU judges may be asked to decide whether the intelligence services’ bulk collection of email data in order to prevent terrorist attacks is legal.’
The Guardian, 5th June 2017
Source: www.theguardian.com
‘A natural father need not be given a copy of a notice of care proceedings where this would create a risk for the mother, HHJ Bellamy has ruled in the Family Court.’
Local Government Lawyer, 6th June 2017
Source: www.localgovernmentlawyer.co.uk
‘C was accepted for the full housing duty by Islington, with her 3 children, as a result of domestic violence. C is profoundly deaf. She had been living in Southwark, but following the DV, was in refuge in Islington and applied as homeless there. She was, eventually, given 3 bed temporary accommodation in Islington.’
Nearly Legal, 6th June 2017
Source: nearlylegal.co.uk
‘The president of the Competition Appeal Tribunal (CAT) has reproached the Law Society for a “deeply unimpressive” explanation of its failure to disclose all the documents it should have done in the Socrates case.’
Legal Futures, 7th June 2017
Source: www.legalfutures.co.uk
‘People bereaved and injured following the attack on London Bridge will be offered free legal advice through a panel of solicitor firms to be convened by the Law Society of England and Wales with LawWorks, the solicitors’ pro bono charity, and the City of London Law Society.’
Law Society, 6th June 2017
Source: www.lawsociety.org.uk
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