Bristol drug dealer jailed for modern slavery offence – BBC News
‘A drug dealer who was involved in trafficking children to sell crack cocaine and heroin has been jailed.’
BBC News, 25th April 2024
Source: www.bbc.co.uk
Reasonable Adjustments: Trial Periods and the Burden of Proof – 3PB
‘Stephen Wyeth reviews Rentokil Initial UK Ltd v Miller [2024] EAT 37 which deals with the issue of whether trial periods can be a reasonable adjustment in the context of existing case law and offers some useful discussion about how the burden of proof shifts in such cases.’
3PB, 26th March 2024
Source: www.3pb.co.uk
‘Obsessed’ man broke into his ex’s home and stabbed her new partner to death as they lay in bed – The Independent
‘A jealous ex has been jailed for stabbing his former girlfriend’s new lover to death while he lay in bed.’
The Independent, 24th April 2024
Source: www.independent.co.uk
Inquest finds gross failings in care of woman who drank too much water – The Guardian
‘An inquest jury has found there were “gross failings in care amounting to neglect” before a woman had a heart attack at a private mental health hospital due to complications from drinking excessive amounts of water.’
The Guardian, 24th April 2024
Source: www.theguardian.com
Ruth Perry family furious as Ofsted single-word ratings are retained – The Guardian
‘Ofsted’s controversial single-word judgments are here to stay, the government has ruled, in a blow to campaigners who hoped they would be scrapped after the suicide of the primary school headteacher Ruth Perry.’
The Guardian, 25th April 2025
Source: www.theguardian.com
Hybrid orders & section 45A of the Mental Health Act 1983: recent developments – 6KBW College Hill
‘Section 45A of the Mental Health Act 1983 (“MHA”) was inserted by the Crime (Sentences) Act 1997. The idea behind it is that where an offender who suffers from a treatable mental disorder is before the Court, a hybrid sentence can be imposed. The offender is treated, and then in an appropriate case returned to prison to serve the rest of their sentence. If is they are still in hospital when the sentence expires, they remain in hospital, but unrestricted[1]. It came into force on the 1st October 1997.’
6KBW College Hill, 24th March 2024
Source: blog.6kbw.com
The aggrieved minority: permission to continue derivative claim against three out of nine defendants in €100m fraud case denied – Gatehouse Chambers
‘The Court of Appeal dismissed the appeal in Durnont Enterprises Ltd v Fazita Investment Ltd [2024] EWCA Civ 299 against the refusal of permission to continue a derivative action against the sixth, seventh and eighth defendants to the claim.’
Gatehouse Chambers, 12th April 2024
Source: gatehouselaw.co.uk
The Post Office: Disclosure Lessons from a National Scandal – Guildhall Chambers
‘An estimated 736 people were prosecuted by the Post Office between 2000 and 2014, Horizon software having been first introduced in 1999, and responsibility for prosecutions, in all but exceptional cases, being handed over to the Crown Prosecution Service in 2014. Many of those prosecuted were imprisoned, 4 committed suicide and all faced the stigma and stress of criminal prosecution. The Court of Appeal in Hamilton v Post Office Limited [2021] EWCA Crim 577 quashed 39 convictions (of the 42 appellants) on the basis that there had been an abuse of process on two grounds: that a fair trial was impossible and that it was an affront to public conscience for the appellants to have faced prosecution. This judgment followed the Post Office Group Litigation in the High Court before Fraser J known as Bates and Others v The Post Office Limited [2019] EWHC 3408.’
Guildhall Chambers, 11th March 2024
Source: www.guildhallchambers.co.uk
An assessment of the reliability requirement in the Electronic Trade Documents Act – The 36 Group
‘On 20 September 2023 the Electronic Trade Documents Act (ETDA) came into force. Formerly, in English law, document possession usually required physical possession. Now, the ETDA allows for “electronic trade documents” to be treated as equivalent to traditional “paper trade documents”, if they meet certain “gateway” criteria underpinned by a “reliable system”. In this article, we consider how the English courts are likely to approach interpretating this reliability requirement. Would any flaw in the system, no matter how short-lived and abnormal, render it unreliable? Or would a more detailed systemic analysis be needed? If so, what would that look like?’
The 36 Group, 12th April 2024
Source: 36group.co.uk
High Court finds Local Authority’s housing policy to be discriminatory against women and girls escaping violence in successful judicial review challenge – Garden Court Chambers
‘The High Court has held that part of Westminster City Council’s Housing Allocation Scheme is unlawful, as it indirectly discriminates against women and girls who need to move borough to escape violence.’
Garden Court Chambers, 10th April 2024
Source: www.gardencourtchambers.co.uk
Acting Beyond Their Purview: Independent Experts in the Dock – an article by Janet Bignell KC – Falcon Chambers
‘Many landlord and tenant cases involve expert evidence and the majority of independent experts act impeccably. However, in a recent case involving a business lease renewal and another involving dilapidations, judges found significant cause to criticise experts for their failure to understand the scope of their duties and role. The consequences were serious for those concerned. A salutary reminder of the critical importance of compliance with CPR Pt 35 for all those instructing and instructed.’
Falcon Chambers, 15th April 2024
Source: www.falcon-chambers.com
Criminal Law Update: Cyber-flashing – Devon Chambers
‘Hetty Summerhayes examines the introduction of the offences of cyberflashing and sharing or threatening to share intimate photographs or film.’
Devon Chambers, March 2024
Source: devonchambers.co.uk
Institute of Licensing: Darkest before the dawn: a manifesto for the night-time economy – 11KBW
‘Philip Kolvin KC, Patron of the Institute of Licensing, has worked with the Night Time Industries Association to draw up a manifesto setting out a range of reinvigorating measures. The Institute of Licensing published Darkest before the dawn: a manifesto for the night-time economy as their lead article for March 2024.’
11KBW, 2nd April 2024
Source: www.11kbw.com
Stop crime victims in England and Wales paying thousands for court transcripts, say MPs – The Guardian
‘MPs from across the political spectrum have urged the government to remove a “barrier to justice” that sees crime victims in England and Wales forced to pay hundreds or thousands of pounds for transcripts of court proceedings.’
The Guardian, 21st April 2024
Source: www.theguardian.com
Judges reject HMRC appeal and rule firm’s marshmallows are not sweets – The Guardian
‘A food company has won a sweet-tasting victory against the UK tax authorities after a court decided that it did not have to pay VAT on its marshmallows because they were not confectionery.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
Retired UK GP suspended for five months after climate protests – The Guardian
‘A doctor who went to jail after a series of climate protests has been taken off the medical register for five months – and still faces being permanently struck off. The Medical Practitioners Tribunal Service (MPTS) – the disciplinary arm of the General Medical Council (GMC) – suspended Dr Sarah Benn on Tuesday, having found last week that her fitness to practise as a doctor had been impaired by reason of misconduct.’
The Guardian, 23rd April 2024
Source: www.theguardian.com
Universal Credit, transitional protection and temporary accommodation – Nearly Legal
‘Secretary of State for Work and Pensions v JA (2024) UKUT 52 (AAC) (UTJ Church). This important Upper Tribunal decision holds that universal credit claimants leaving supported or temporary accommodation have been unlawfully losing ‘transitional protection’ due to the discriminatory effect of the Universal Credit (Transitional Provisions) Regulations 2014. It also holds that affected claimants can obtain a remedy through tribunal appeals.’
Nearly Legal, 23rd April 2024
Source: nearlylegal.co.uk
Does time spent on an immediate suspension order whilst awaiting appeal count towards the overall period of suspension? Nabeel Aga v The General Dental Council [2023] EWHC 3208 (Admin) – 2 Hare Court
‘The decision late last year by Ritchie J in Aga v GDC caused uproar in the regulatory and professional discipline worlds.’
2 Hare Court, 5th April 2024
Source: www.2harecourt.com
Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog
‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’
12KBW Personal Injury Law Blog, 10th April 2024
Source: pilawblog.com
Insolvency law “entirely capable” of dealing with digital assets – Legal Futures
‘English insolvency law is “entirely capable of convenient and sensible application to disputes concerning digital assets”, an expert panel has declared.’
Legal Futures, 24th April 2024
Source: www.legalfutures.co.uk
