BAILII: Recent Decisions
High Court (Queen’s Bench Division)
The Ritz Hotel Casino Ltd v Al Daher [2014] EWHC 2847 (QB) (15 August 2014)
Source: www.bailii.org
High Court (Queen’s Bench Division)
The Ritz Hotel Casino Ltd v Al Daher [2014] EWHC 2847 (QB) (15 August 2014)
Source: www.bailii.org
‘The Bar Standards Board and ILEX Professional Standards have issued a call for research organisations to help carry out an independent review of advocacy in the youth court.’
Law Society’s Gazette, 18th August 2014
Source: www.lawgazette.co.uk
‘The communications watchdog Ofcom is to investigate the Monty Python reunion shows after fans complained about a lack of swearing.
Dozens of viewers objected to “cuts” and “censorship” after some bad language was cut out of the programme, broadcast before the watershed on Gold on July 20. However others complained that the show was too rude after the censors missed some of the more controversial jokes.’
Daily Telegraph, 18th August 2014
Source: www.telegraph.co.uk
‘Hundreds of police officers have been investigated for breaching social media guidelines, research has revealed.
Freedom of Information requests by the Press Association found officers made racist comments online and asked crime victims to become Facebook friends.’
BBC News, 19th August 2014
Source: www.bbc.co.uk
‘Justice Secretary Chris Grayling has admitted to the BBC that prisons in England and Wales face problems with violence, suicides and staff shortages.’
BBC News, 19th August 2014
Source: www.bbc.co.uk
‘To celebrate the approach to the 50th Anniversary of the Race Relations Act the judiciary are hosting a networking event to promote greater diversity in the judiciary.’
Date: Wednesday 19 November 2014, 5pm-8pm
The School of Law, Leeds
More information can be found here.
‘The names of couples’ mothers are to be added to marriage registers for the first time as the government addresses “another inequality in marriage” by introducing the first reforms to the system in more than 150 years, David Cameron has announced.’
The Guardian, 18th August 2014
Source: www.guardian.co.uk
‘Sky News is to be investigated by the media regulator for broadcasting images of one of its presenters handling a passenger’s belongings at the Malaysia Airlines MH17 crash site.’
The Guardian, 18th August 2014
Source: www.guardian.co.uk
‘Civil Justice Council issues new guidance on instructing experts in civil claims.’
Civil Justice Council, 13th August 2014
Source: www.judiciary.gov.uk
‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’
Litigation Futures, 18th August 2014
Source: www.litigationfutures.com
‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’
UK Human Rights Blog, 18th August 2014
Source: www.ukhumanrightsblog.com
‘As part of its inquiry into the office of Lord Chancellor, the Constitution Committee asks whether “new” (i.e. post-2003) Lord Chancellors have actually defended judicial independence in line with their customary and now statutory duty to do so. I was asked for examples earlier this summer when appearing before the Committee (with Andrew Le Sueur and Patrick O’Brien). I tried to identify some, but rather garbled my answer. Earlier in the year I also sketched some thoughts about Lord Chancellors in Public Law, but struggled to find clear-cut examples. One reason is that collective cabinet responsibility and the confidentiality of exchanges between Lord Chancellors and judges mean that outsiders will seldom have a full picture of what has occurred behind closed doors. This is unfortunate since my impression is that many lawyers assume—mistakenly, I think—that new Lord Chancellors are neither willing nor able to defend judicial independence. This post is hopefully third time lucky in correcting this assumption. By drawing on press reports, public statements and interviews that Robert Hazell, Kate Malleson, Patrick O’Brien and I conducted between 2011-2013, I want to piece together evidence that suggests that new Lord Chancellors can and do defend judicial independence.’
UK Constitutional Law Association, 18th August 2014
Source: www.ukconstitutionallaw.org/blog
‘The Senior President of Tribunals, Sullivan LJ, has launched a consultation paper on altering the composition of the First-tier Tribunal (General Regulatory Chamber) in some Information Rights cases. With the support of GRC Chamber President, Judge Warren, it is proposed to remove the requirement that a judge sit with two non-legal members and allow the Chamber President flexibility to direct that certain cases be heard by a judge alone.’
Panopticon, 18th August 2014
Source: www.panopticonblog.com
‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’
Halsbury’s Law Exchange, 14th August 2014
Source: www.halsburyslawexchange.co.uk
Court of Appeal (Civil Division)
P (A Child) [2014] EWCA Civ 1174 (15 August 2014)
G (A Child) [2014] EWCA Civ 1173 (15 August 2014)
Source: www.bailii.org
‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’
The Guardian, 16th August 2014
Source: www.guardian.co.uk
‘A retired police officer has been jailed for raping and sexually abusing a child.’
BBC News, 15th August 2014
Source: www.bbc.co.uk
‘A “jealous” man convicted of the murder of his stepdaughter, who was also his former lover, has been jailed for life with a minimum term of 22 years.’
BBC News, 15th August 2014
Source: www.bbc.co.uk
‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’
The Guardian, 17th August 2014
Source: www.guardian.co.uk