Court delays imposed after pressure on prison places – BBC News
‘Some court appearances will be delayed as part of an emergency measure because of prison overcrowding.’
BBC News, 15th May 2024
Source: www.bbc.co.uk
Mediation Tips: Preparing to Settle – St Philips Barristers
‘Clients should be well-prepared and understand what mediation is. If you only intend to repeat previous offers (or make the same offer), mediation will fail. Compromise and, therefore, making and considering offers, is essential. Clients should be fully prepared on what kind of compromises may or may not work. Clients should be briefed on what mediation is and how it works. This may be obvious to lawyers but its not always done or often expected to be done on the day… which is too late.’
St Philips Barristers, 23rd April 2024
Source: st-philips.com
Ordinary reference and reference innuendo – Law Society’s Gazette
‘Judgment has been handed down in the strike-out application brought by Matt Hancock MP in respect of a defamation claim brought against him by Andrew Bridgen MP.’
Law Society's Gazette, 14th May 2024
Source: www.lawgazette.co.uk
Environmental Law News Podcast – Six Pump Court
‘In this podcast produced by Lexis PSL, Christopher Badger and Mark Davies look at progress made under the 25 Year Environment Plan, publication of the Green Finance Strategy and more Environment Act 2021 Commencement Regulations.’
Six Pump Court, 18th April 2024
Source: 6pumpcourt.co.uk
Nearly 40% of dirty money is laundered in London and UK crown dependencies – The Guardian
‘Nearly 40% of the dirty money in the world is going through the City of London and other crown dependencies, the UK’s deputy foreign secretary has said.’
The Guardian, 14th May 2024
Source: www.theguardian.com
What does it mean to be an expert in the person? The Court of Protection decides – Mental Capacity Law and Policy
‘In University College London Hospitals NHS Foundation Trust v HER & Anor [2024] EWCOP 25, Senior Judge Hilder had to consider what (if any) weight to place on the opinion of P’s sister as to her condition and treatment. P, identified in the judgment as HER, was 53 years old, and living in a supported living placement. In her early childhood HER had a stroke-like episode, which had a lasting effect on a large part of her brain. She was described as also having learning difficulties and epilepsy. She had also been diagnosed as having a metabolic disorder, OTC, giving rise to intermittent episodes of acute encephalopathy. HER was experiencing epileptic seizures a few times a month, without warning, and giving rise to risk of sudden unexpected death.’
Mental Capacity Law and Policy, 14th May 2024
Parts of police act ‘intrude’ on lives of Gypsies and Travellers, court finds – The Guardian
‘A high court judge has found parts of the UK government’s policing legislation to be in breach of human rights law, with its powers capable of causing a “significant intrusion” on the lives of Gypsies and Travellers.’
The Guardian, 14th May 2024
Source: www.theguardian.com
Homelessness and human rights – Law Society’s Gazette
‘What is the correct approach to determining the suitability of accommodation when the applicant’s circumstances engage rights under the European Convention on Human Rights (ECHR)? This is an issue of general public importance affecting local authorities discharging homelessness duties under Part VII of the Housing Act 1996. Who says? Andrews LJ, when she directed that an appeal from Mr Rabah Ghaoui should proceed to a hearing.’
Law Society's Gazette, 14th May 2024
Source: www.lawgazette.co.uk
Peers support widening SRA’s fining and investigative powers – Legal Futures
‘The Solicitors Regulation Authority (SRA) needs more powers to prevent misconduct by law firms involved in strategic litigation against public participation (SLAPPs), peers have urged.’
Legal Futures, 15th May 2024
Source: www.legalfutures.co.uk
Banning prayer in school: a lawful interference?- UK Human Rights Blog
‘The case of R (TTT) v Michaela Community Schools Trust [2024] EWHC 843 (Admin) in the High Court before Mr Justice Linden concerned a claim brought by a pupil referred to as a TTT (“the Claimant”) against the Michaela Community Schools Trust; (“the School”). The School is a secular secondary free school in the London Borough of Brent, which appeared as an interested party. The School is ethnically and religiously diverse, although over half of the pupils, including the Claimant are Muslims.’
UK Human Rights Blog, 15th May 2024
Source: ukhumanrightsblog.com
The older child and medical treatment decisions – mental capacity or competence? – Mental Capacity Law and Policy
‘Re J (Blood Transfusion: Older Child: Jehovah’s Witnesses) [2024] EWHC 1034 (Fam) is a characteristically thoughtful judgment from Cobb J, concerning whether authorisation should be given to provide a 17 year old Jehovah’s Witness with blood products in a planned operation. In analysing the legal framework, Cobb J was taken to the decision of the Court of Appeal in E v Northern Care Alliance NHS Foundation Trust and F v Somerset NHS Foundation Trust [2021] EWCA Civ 1888 (“E and F”). He resisted, however, the submission by the Trust that the decision set out the proposition that there can be a point in cases involving the medical treatment of those under that 18 that “the discretionary powers on the court to intervene convert into a duty on the court to intervene to preserve the young person’s life” (paragraph 33).’
Mental Capacity Law and Policy, 12th May 2024
Jamie Barrow: Man who murdered family has jail sentence reduced – BBC News
‘A man who killed a mother and her two daughters by setting fire to a flat has had his sentence reduced.’
BBC News, 14th May 2024
Source: www.bbc.co.uk
Diana chauffeur and BBC agree payout over claim Martin Bashir slandered him – The Guardian
‘The BBC has agreed to pay “substantial” compensation to Diana, Princess of Wales’s chauffeur to settle a claim he was slandered by the disgraced broadcaster Martin Bashir.’
The Guardian, 14th May 2024
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Sesay & Ors v R [2024] EWCA Crim 483 (10 May 2024)
High Court (Administrative Court)
Oculus Ltd v Revenue And Customs & Anor (Rev1) [2024] EWHC 1102 (Admin) (13 May 2024)
High Court (Chancery Division)
O’Driscoll v Clayton [2024] EWHC 1118 (Ch) (13 May 2024)
Watford Control Instruments Ltd v Brown [2024] EWHC 1125 (Ch) (13 May 2024)
McDonald’s Restaurants Ltd v Shirayama Shokusan Company Ltd [2024] EWHC 1133 (Ch) (13 May 2024)
High Court (King’s Bench Division)
RTP v Hardcrete Ltd [2024] EWHC 1123 (KB) (10 May 2024)
Source: www.bailii.org
UK Child Visa Financial Requirements Explained – EIN Blog
‘While we have recently seen significant increases to minimum income and salary requirements in several immigration routes (see our recent blog posts here and here), there is one small exception to the general trend: the Government has scrapped the requirement for Partner visa applicants to show additional funds for their child dependants, with effect from 11 April 2024.’
EIN Blog, 14th May 2024
Source: www.ein.org.uk
JCT DB 2024 – a bit of ‘give and take’ on contractor design liability – OUT-LAW.com
‘The standard of care to be expected of a contractor in terms of design liability has been toughened up in the updated Design and Build contract by the Joint Contracts Tribunal (JCT), but the latest version has also made clear that contractors will not have fitness for purpose obligations imposed on them.’
OUT-LAW.com, 14th May 2024
Source: www.pinsentmasons.com
New prison punishments introduced to curb bad behaviour – Ministry of Justice
‘Prisoners who break the rules while behind bars face new community payback-style punishments like repair work and litter picking, under tough prison rules to be set out this week.’
Ministry of Justice, 13th May 2024
Source: www.gov.uk
High Court: Sanctioned Russians “probably owned” litigation funder – Legal Futures
‘There is “reasonable cause to suspect” that the funder of the claimant in a $1.3bn action was controlled by sanctioned Russians, the High Court has ruled.’
Legal Futures, 14th May 2024
Source: www.legalfutures.co.uk
In a high-profile ruling, the High Court has rejected a legal challenge to a school prayer ban. Philip Wood explains why – Local Government Lawyer
‘The High Court has dismissed a challenge from a pupil at the Michaela Community School, a secondary school in Wembley, London, who argued that a ban on prayer in the school was a breach of the Equality Act as well as her Human Rights. There was also a related challenge to two suspensions that the pupil had received on the basis that they were not procedurally fair.’
Local Government Lawyer, 10th May 2024
Source: www.localgovernmentlawyer.co.uk
