35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

Posted May 23rd, 2017 in civil justice, criminal justice, evidence, judges, juries, negligence, news, personal injuries, speeches, trials by sally

‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

‘Shabby racist’ kicked pregnant Muslim woman in the stomach causing her to miscarry – Daily Telegraph

Posted May 23rd, 2017 in assault, news, racism, sentencing, violent offenders by sally

‘A pregnant Muslim woman suffered a miscarriage after a racist thug kicked her in the stomach during a supermarket row, a court heard. Jailing David Gallacher for three years and seven months for the attack , Judge Francis Sheridan described him as a “shabby racist” and told him “This country will not bow to the views of racists.” ‘

Full story

Daily Telegraph, 22nd May 2017

Source: www.telegraph.co.uk

Co-op fined for wet floor slip death in Truro shop – BBC News

Posted May 22nd, 2017 in accidents, costs, fines, health & safety, news by sally

‘The Co-op has been fined £400,000 over the death of a man who slipped on water leaking from a faulty sandwich chiller.’

Full story

BBC News, 22nd May 2017

Source: www.bbc.co.uk

BAILII Recent Decisions

Posted May 22nd, 2017 in law reports by sally

Court of Appeal (Civil Division)

Wood v Kingston Upon Hull City Council [2017] EWCA Civ 364 (19 May 2017)

Emmott v Michael Wilson & Partners Ltd [2017] EWCA Civ 367 (19 May 2017)

Grimes v The Trustees of the Essex Farmers And Union Hunt [2017] EWCA Civ 361 (19 May 2017)

High Court (Administrative Court)

Sambotin, R (on the application of) v London Borough of Brent [2017] EWHC 1190 (Admin) (19 May 2017)

High Court (Chancery Division)

Breyer Group Plc v RBK Engineering Ltd [2017] EWHC 1206 (Ch) (19 May 2017)

Trilogy Management Ltd v Harcus Sinclair (A Firm) [2017] EWHC 1164 (Ch) (19 May 2017)

High Court (Family Division)

A (A Minor : Fact Finding; Unrepresented Party) [2017] EWHC 1195 (Fam) (19 May 2017)

High Court (Queen’s Bench Division)

Forsey, R (on the application of) v The Northern Derbyshire Magistrates’ Court [2017] EWHC 1152 (QB) (19 May 2017)

Source: www.bailii.org

No human rights issues to be raised in EEA appeals, confirms Court of Appeal – Free Movement

Posted May 22nd, 2017 in appeals, EC law, human rights, immigration, news, reasons, tribunals by sally

‘In September 2015, the Upper Tribunal decided the case of Amirteymour and others (EEA appeals; human rights) [2015] UKUT 466 (IAC). The decision states that if an appeal is brought in the First-Tier Tribunal against an EEA decision then the only relevant issues that can be raised during the appeal are those directly connected to that EEA decision. Human rights issues, the Upper Tribunal ruled, were not justiciable. This case was covered at the time by Free Movement, where several issues were raised in respect of the reasoning of the tribunal, and the policy of attempting to artificially distinguish between European law rights and other rights guaranteed under domestic human rights legislation. The Court of Appeal has now upheld that ruling.’

Full story

Free Movement, 19th May 2017

Source: www.freemovement.org.uk

UK law found to be more generous than EU law for jobseekers acquiring permanent residence – Free Movement

Posted May 22nd, 2017 in conflict of laws, EC law, immigration, news, regulations, statutory interpretation, tribunals by sally

‘The case of GE v. SSWP (ESA) [2017] UKUT 145 (ACC) sets out how the Immigration (European Economic Area) Regulations 2006 (since replaced with the 2016 version), are in some areas, more generous than EU law itself by concluding that an initial right of residence or status as a job-seeker could count towards permanent residence for an EEA national.’

Full story

Free Movement, 22nd May 2017

Source: www.freemovement.org.uk

Homeless duties, human rights and suitability decisions – Nearly Legal

Posted May 22nd, 2017 in housing, human rights, international courts, London, mental health, news, Supreme Court by sally

‘Poshteh v Royal Borough of Kensington and Chelsea [2017] UKSC 36. Ms Posheth had refused an offer of accommodation in discharge of duty because a round window in the property had reminded her of when she was imprisoned in Iran (though she did say it would have been suitable as temporary accommodation). She had had a panic attack on viewing the property. RBKC found the property was suitable and reasonable to accept on review, upheld on appeal and in the court of appeal.’

Full story

Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Regrette rien – Nearly Legal

Posted May 22nd, 2017 in homelessness, housing, judicial review, local government, London, news by sally

‘R (oao Sambotin) v London Borough of Brent (2017) EWHC 1190 (Admin). Once a local authority has made a homeless decision under section 184 Housing Act 1996, can it change its mind? That was the issue in this judicial review.’

Full story

Nearly Legal, 21st May 2017

Source: www.nearlylegal.co.uk

Baby deaths linked to lack of basic midwife training – Daily Telegraph

Posted May 22nd, 2017 in birth, children, education, midwives, negligence, news, personal injuries by sally

‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’

Full story

Daily Telegraph, 20th May 2017

Source: www.telegraph.co.uk

Rapist who fled to Pakistan is jailed for nine years – BBC News

Posted May 22nd, 2017 in fugitive offenders, news, Pakistan, rape, sentencing by sally

‘A man who fled to Pakistan after raping a teenage girl has been jailed after he was caught trying to return to the UK.’

Full story

BBC News, 21st May 2017

Source: www.bbc.co.uk

Afghanistan blast scientist Lee Peters receives MoD payout – BBC News

Posted May 22nd, 2017 in Afghanistan, compensation, defence, explosives, government departments, negligence, news, post-traumatic stress disorder by sally

‘A scientist who lost three fingers when a suspicious package exploded as he handled it has been compensated by the Ministry of Defence.’

Full story

BBC News, 21st May 2017

Source: www.bbc.co.uk

Charities may face criminal sanctions as ‘gagging law’ backdated before election – The Guardian

Posted May 22nd, 2017 in charities, elections, legislation, lobbying, news, retrospectivity, sanctions by sally

‘UK charities face a permanent “chilling effect” on their campaigns after the Electoral Commission said they must declare any work that could be deemed political over the past 12 months to ensure they are not in breach of the Lobbying Act.’

Full story

The Guardian, 21st May 2017

Source: www.guardian.co.uk

Confiscation proceedings halted over “fatal error” in indication of guilty pleas – Local Government Lawyer

Posted May 22nd, 2017 in committals, confiscation, enforcement notices, guilty pleas, judicial review, local government, magistrates, news by sally

‘A council’s bid to obtain a confiscation order over planning enforcement breaches has been halted after a ruling that the indication of pleas of guilty on the two defendants’ behalf and in their presence by counsel appearing for them in the magistrates’ court was an incurable error.’

Full story

Local Government Lawyer, 19th May 2017

Source: www.localgovernmentlawyer.co.uk

Twelve jailed over high speed road race that killed four young people – Crown Prosecution Service

Posted May 22nd, 2017 in assisting offenders, dangerous driving, press releases, sentencing, young persons by sally

‘Two men have today (May 19) been jailed for nine years for their part in a high-speed road race which left four people dead.’

Full story

Crown Prosecution Service, 19th May 2017

Source: www.cps.gov.uk

Company directors jailed following fatal roof fall – Crown Prosecution Service

Posted May 22nd, 2017 in company directors, corporate manslaughter, duty of care, health & safety, press releases, sentencing by sally

‘Three company directors have been jailed today (May 19) following the death of a man who fell while working at a warehouse in Essex.’

Full press release

Crown Prosecution Service, 19th May 2017

Source: www.cps.gov.uk

Lionel Cohen Lecture by the Lord Chief Justice: The judiciary within the state – governance and cohesion of the judiciary – Courts and Tribunals Judiciary

Posted May 22nd, 2017 in constitutional reform, judges, judicial appointments commission, judiciary, Ministry of Justice, rule of law, speeches by sally

‘Lionel Cohen Lecture by the Lord Chief Justice: The judiciary within the state – governance and cohesion of the judiciary.’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

Police failed to engage with public, Met knife campaign chief admits – The Guardian

Posted May 22nd, 2017 in London, news, police, statistics, violence, weapons, young persons by sally

‘The head of the Metropolitan police’s anti-knife initiative, Operation Sceptre, has admitted past failures in engaging with communities most affected by youth violence, amid criticism of the force’s latest strategy to tackle the problem. But DCS Michael Gallagher said that for the latest phase of its strategy to reduce knife crime – launched after recent police figures showing a rise of 24% in the past year in London – the Met was ready to work with civil society groups to find joint solutions to the problem.’

Full story

The Guardian, 21st May 2017

Source: www.guardian.co.uk

Victims of slavery and human trafficking ‘abandoned’ as soon as they are identified – The Independent

Posted May 22nd, 2017 in asylum, charities, forced labour, immigration, mental health, news, trafficking in human beings, victims by sally

‘Hundreds of slavery victims in the UK are being “abandoned” by the authorities as soon as they are identified, placing them at risk of falling straight back into the hands of traffickers, experts have warned.’

Full story

The Independent, 22nd May 2017

Source: www.independent.co.uk

RBS in 11th-hour bid to avert court case brought by thousands of investors – The Guardian

Posted May 22nd, 2017 in banking, class actions, news, shareholders by sally

‘Royal Bank of Scotland has made a last-ditch effort to avert a high-profile court case brought by thousands of investors who claim they were misled into buying the bank’s shares in the runup to its taxpayer bailout.’

Full story

The Guardian, 22nd May 2017

Source: www.guardian.co.uk

When can a tribunal be forced to pay the costs of judicially reviewing it? – Free Movement

Posted May 19th, 2017 in adjournment, appeals, deportation, judicial review, legal aid, legal representation, news by sally

‘“Not often” is the answer. Only if the tribunal acts in an improper way. Incompetence or unlawfulness is not sufficient.’

Full story

Free Movement, 18th May 2017

Source: www.freemovement.org.uk