Current Awareness

‘The Court of Appeal has stated that a statement in a patient’s medical notes that resuscitation should not be attempted (a “Do Not Attempt Resuscitation” Order (DNAR)), should usually only be inserted after consultation with the patient: see R (Tracey) v Cambridge University Hospitals NHS Foundation Trust and others.’

Full story

Halsbury’s Law Exchange, 25th June 2014

Source: www.halsburyslawexchange.co.uk

UK Supreme Court: forcing disclosure of minor or spent convictions not “necessary or proportionate” – OUT-LAW.com

Posted June 26th, 2014 in appeals, criminal records, disclosure, employment, human rights, news, privacy, proportionality, Supreme Court, vetting by sally

‘Requiring applicants for those jobs which require enhanced criminal record checks to disclose all spent convictions no matter how historic or minor is an unnecessary and disproportionate interference with their human rights, the UK’s Supreme Court has ruled.’

Full story

OUT-LAW.com, 25th June 2014

Source: www.out-law.com

Andy Coulson trial: jurors fail to reach verdicts on remaining charges – The Guardian

Posted June 26th, 2014 in conspiracy, corruption, interception, juries, media, misfeasance in public office, news, telecommunications, verdicts by sally

‘The trial of Andy Coulson has ended after the jury failed to reach majority verdicts on two remaining counts that he conspired to commit misconduct in public office by paying public officials for the acquisition of royal phone books.’

Full story

The Guardian, 25th June 2014

Source: www.guardian.co.uk

Supreme Court rejects right to die appeals – UK Human Rights Blog

Posted June 26th, 2014 in appeals, assisted suicide, human rights, news, Supreme Court by sally

‘The Supreme Court has declined to uphold a right to die a dignified death. However, a glimmer is is to be found in this judgment in that two out of the seven justices who concluded that it was for the United Kingdom to decide whether the current law on assisted suicide was incompatible with the right to privacy and dignity under Article 8, would have granted such a declaration in these proceedings., particularly where the means of death was one that could have been autonomously operated by the disabled appellant, leaving no doubt as to the voluntary and rational nature of his decision.’

Full story

UK Human Rights Blog, 25th June 2014

Source: www.ukhumanrightsblog.com

Payout over Amy Carter’s hospital death – BBC News

Posted June 26th, 2014 in compensation, hospitals, news by sally

‘The parents of a Worcestershire 15-year-old who died from septicaemia have said they feel “bitterly disappointed” a hospital trust has not fully accepted responsibility for her death.’

Full story

BBC News, 26th June 2014

Source: www.bbc.co.uk

Top judges raise concern over plan to restrict judicial review challenges – The Guardian

Posted June 26th, 2014 in bills, human rights, judges, judicial review, news, select committees by sally

‘Restrictions on judicial review challenges may be motivated more by a desire to avoid political embarrassment than the need to save money, a senior judge has suggested.’

Full story

The Guardian, 25th June 2014

Source: www.guardian.co.uk

EVENT: IALS – Hamlyn Seminar: The Common Law Constitution

Posted June 25th, 2014 in Forthcoming events by sally

‘This seminar will launch the publication of the 2013 series of Hamlyn Lectures on The Common Law Constitution.

The Rt Hon Lord Justice Laws, Lord Justice of Appeal.

Discussants: Professor Trevor Allan, Professor Paul Craig, Professor Mark Hill QC.

Chair: Sir Stephen Sedley.’

Date: 16th July 2014, 4.00-6.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: Gresham College – Human Rights: Philosophy and History

Posted June 25th, 2014 in Forthcoming events by sally

‘The philosophical and historical development of what may be regarded as essential human rights will be traced. It is essential to understand this development before criticising – or complaining about – modern Human Rights law.

Speaker: Professor Sir Geoffrey Nice QC.’

Date: 15th October 2014, 6.00pm

Location: Barnard’s Inn Hall

Charge: Free

More information can be found here.

Children: Private Law Update – Family Law Week

Posted June 25th, 2014 in children, divorce, families, news by sally

‘Alex Verdan QC of 4 Paper Buildings considers recent judgment in private law children cases.’

Full story

Family Law Week, 25th June 2014

Source: www.familylawweek.co.uk

Policing Social Media – BBC Law in Action

Posted June 25th, 2014 in bullying, harassment, internet, news, podcasts, police by sally

‘Cases of cyber-bullying on social media are becoming more and more common – and the police are often the first to hear about them. On this week’s Law in Action, Joshua Rozenberg asks just how much time are the police spending on dealing with social media disputes?’

Listen

BBC Law in Action, 24th June 2014

Source: www.bbc.co.uk

R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) – Supreme Court

Posted June 25th, 2014 in assisted suicide, disabled persons, human rights, law reports, prosecutions by sally

R (on the application of Nicklinson and another) (AP) (Appellants) v Ministry of Justice (Respondent); R (on the application of AM) (AP) v The Director of Public Prosecutions (Appellant) [2014] UKSC 38 (YouTube)

Supreme Court, 25th June 2014

Source: www.youtube.com/user/UKSupremeCourt

Unified Patent Court Consultation – NIPC Law

Posted June 25th, 2014 in consultations, courts, news, patents by sally

‘As I said in How the Intellectual Property Act 2014 changes British Patent Law 21 June 2014 JD Supra, the most important provision of the Intellectual Property Act 2014 is s.17 which inserts a new s.88A into the Patents Act 1977. That section confers power on the Secretary of State to make provision in the UK for the Agreement on a Unified Patent Court.’

Full story

NIPC Law, 25th June 2014

Source: www.nipclaw.blogspot.co.uk

Barrister to be disbarred for dishonesty – Bar Standards Board

Posted June 25th, 2014 in barristers, disciplinary procedures, dismissal, news by sally

‘A barrister who lied about her employment status and history, with the intention of gaining financially, was last week ordered by an independent disciplinary tribunal to be disbarred from the profession.’

Full story

Bar Standards Board, 24th June 2014

Source: www.barstandardsboard.org.uk

Loose v Lynn Shellfish Ltd and others (Le Strange Meakin, Part 20 defendant) – WLR Daily

Posted June 25th, 2014 in Crown, fisheries, law reports by sally

Loose v Lynn Shellfish Ltd and others (Le Strange Meakin, Part 20 defendant) [2014] EWCA Civ 846; [2014] WLR (D) 280

‘A presumed lost grant from the Crown prior to 1189 of a right of private fishery was to be understood as extending to all such part of the seabed as might from time to time be exposed at low water.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Dawson v Thomson Airways Ltd – WLR Daily

Posted June 25th, 2014 in airlines, carriage by air, compensation, delay, EC law, law reports, limitations by sally

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845; [2014] WLR (D) 279

‘The limitation period applicable to a claim brought in England for compensation for cancellation or delay under articles 5 and 7 of Parliament and Council Regulation (EC) No 261/2004 was the six-year period prescribed by section 9 of the Limitation Act 1980.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another – WLR Daily

Posted June 25th, 2014 in human rights, law reports, prisons, release on licence by sally

Regina (Tabbakh) v Staffordshire and West Midlands Probation Trust and another [2014] EWCA Civ 827; [2014] WLR (D) 278

‘In respect of a prisoner due to be released on licence who was subject to multi-agency public protection arrangements, the policy guidance governing the imposition by the Secretary of State for Justice of additional conditions on the prisoner’s licence did not breach the requirements of procedural fairness or article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and was not inherently unlawful.’

WLR Daily, 19th June 2014

Source: www.iclr.co.uk

Regina (Tracey) v Cambridge University Hospitals NHS Foundation Trust and another (Equality and Human Rights Commission and another, intervening) – WLR Daily

Posted June 25th, 2014 in law reports by sally

Regina (Tracey) v Cambridge University Hospitals NHS Foundation Trust and another (Equality and Human Rights Commission and another, intervening) [2014] EWCA Civ 822; [2014] WLR (D) 277

‘Placing a do not attempt cardio-pulmonary resuscitation (“DNACPR”) notice on a patient’s hospital notes engaged her rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and there was a presumption in favour of the patient’s involvement through consultation in such a decision, since it would potentially deprive the patient of life-saving treatment. Such a duty to consult also arose at common law.’

WLR Daily, 17th June 2014

Source: www.iclr.co.uk