Warning after dancer fatally choked during sex – BBC News
‘A coroner has issued a warning after an inquest heard how a woman was fatally strangled by her boyfriend during sex.’
BBC News, 15th May 2024
Source: www.bbc.co.uk
MP uses parliamentary privilege to ask why Lucy Letby story blocked in UK – The Guardian
‘The Conservative MP David Davis has used parliamentary privilege to ask why UK readers were barred from viewing an article in a prominent US magazine about the case of the former nurse Lucy Letby.’
The Guardian, 15th May 2024
Source: www.theguardian.com
Biodiversity Net Gain: Big Impacts on Small Sites? – No.5 Chambers
‘The UK is one of the world’s most nature-depleted countries. The headline finding in the State of Nature Report 2023 told us that one in six species is at risk of extinction but this alarming figure obscures greater decline within certain taxonomic groups: 21% of plant species, 39% of vertebrates and 11% of fungi and lichens are classified as being at risk of extinction in Great Britain.’
No.5 Chambers, 18th April 2024
Source: www.no5.com
BAILII: Recent Decisions
Supreme Court
Davies v Bridgend County Borough Council [2024] UKSC 15 (08 May 2024)
Court of Appeal (Criminal Division)
Calocane, R. v [2024] EWCA Crim 490 (14 May 2024)
Barrow, R. v [2024] EWCA Crim 509 (14 May 2024)
BPO, R. v [2024] EWCA Crim 517 (14 May 2024)
High Court (Administrative Court)
High Court (Chancery Division)
BL Goodman (General Partner) Ltd v Morris Homes (Midlands) Ltd [2024] EWHC 1129 (Ch) (15 May 2024)
Source: www.bailii.org
Inducements relating to collective bargaining – Smith & ors v London Ashford Airport Limited – Old Square Chambers
‘EJ Richard Wood held that the Airport had breached s.145B of the Trade Union and Labour Relations (Consolidation) Act 1992 by offering pay increases directly to 9 members of Prospect, the trade union recognised by the Airport for collective bargaining purposes. The Tribunal’s judgment provides a helpful application of the interpretation of s. 145B in the Supreme Court’s decision in Kostal UK Ltd v Dunkley and ors [2021] UKSC 47 and the EAT’s decision in Ineos Infrastructure Grangemouth Ltd v Jones & ors and Ineos Chemicals Grangemouth Ltd v Arnott & ors [2022] EAT 82. Under s. 145B employers are prohibited from making offers to employees who are members of a recognised trade union which, if accepted, would have the result that one or more terms of their employment will not, or will no longer, be determined by collective bargaining (the “prohibited result”), if the employer’s sole or main purpose in making the offers is to achieve the prohibited result. Where liability is established, the ET must make a prescribed award (£4,554 at the time the claim was presented) to each member to whom the offer is made.’
Old Square Chambers, 24th April 2024
Source: oldsquare.co.uk
Article by Matthew Smith : The New Family Procedure Rules: Costs sanctions for failing to engage in NCDR – Park Square Barristers
‘In the recent High Court decision of X v Y [2024] EWHC 538 (Fam), Mrs Justice Knowles gave a strong forewarning over the forthcoming changes to the FPR and how the same are likely to be interpreted in financial remedies hearings and in cases concerning children.’
Park Square Barristers, 3rd April 2024
Source: www.parksquarebarristers.co.uk
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
