Tommy Robinson sued by Syrian schoolboy he accused of assault – The Guardian

‘The Syrian schoolboy who was filmed being attacked in a playground in Huddersfield is suing the far-right campaigner Tommy Robinson for accusing him of assaulting white schoolgirls.’

Full Story

The Guardian, 15th May 2019

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 16th, 2019 in law reports by tracey

The Tribunal Procedure (Amendment) Rules 2019

The Road Traffic Offenders (Prescribed Devices) Order 2019

The Crime and Courts Act 2013 (Commencement No. 18) Order 2018

The Proxy Advisors (Shareholders’ Rights) Regulations 2019

The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019

The Welfare Reform Act 2012 (Commencement No. 31 and Savings and Transitional Provisions (Amendment)) Order 2019

The Criminal Cases Review Commission (Permitted Disclosure of Information) Order 2019

The Utilities Act 2000 (Amendment of Section 105) Order 2019

The Electricity (Individual Exemptions from the Requirement for a Generation Licence) Order 2019

The Meteorological Office Trading Fund (Maximum Borrowing) Order 2019

Source: www.legislation.gov.uk

Court of Appeal to hear case on public sector equality duty and possession orders over false representations – Local Government Lawyer

‘A case concerning the interrelationship between the public sector equality duty and the court’s discretion to make a possession order because of false representations is to go to the Court of Appeal, it has been reported.’

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Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

Anisminic 2.0 – UK Human Rights Blog

‘The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review, despite the existence of a powerfully-drawn ‘ouster clause’ preventing its decisions from being questioned by a court.’

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UK Human Rights Blog, 15th May 2019

Source: ukhumanrightsblog.com

BAILII: recent Decisions

Posted May 16th, 2019 in law reports by tracey

Supreme Court

Privacy International, R (on the application of)v Investigatory Powers Tribunal & Ors [2019] UKSC 22 (15 May 2019)

DA & Ors, R (on the application of) v Secretary of State for Work and Pensions [2019] UKSC 21 (15 May 2019)

Telereal Trillium v Hewitt (Valuation Officer) [2019] UKSC 23 (15 May 2019)

Court of Appeal (Civil Division)

Anderson v Turning Point Eespro [2019] EWCA Civ 815 (15 May 2019)

Merinson v Yukos International UK BV & Ors [2019] EWCA Civ 830 (15 May 2019)

Tinkler v Ferguson & Ors [2019] EWCA Civ 819 (15 May 2019)

Revenue And Customs v Tooth [2019] EWCA Civ 826 (15 May 2019)

Airbus S.A.S. v Generali Italia S.P.A. & Ors [2019] EWCA Civ 805 (14 May 2019)

Owen v AMEC Foster Wheeler Energy Ltd & Anor [2019] EWCA Civ 822 (14 May 2019)

Times Travel (UK) Ltd v Pakistan International Airlines Corporation [2019] EWCA Civ 828 (14 May 2019)

Staechelin & Ors v ACLBDD Holdings Ltd & Ors [2019] EWCA Civ 817 (14 May 2019)

Kuteh v Dartford And Gravesham NHS Trust [2019] EWCA Civ 818 (14 May 2019)

Gaia Ventures Ltd v Abbeygate Helical (Leisure Plaza) Ltd [2019] EWCA Civ 823 (14 May 2019)

Euro Pools Plc v Royal & Sun Alliance Insurance Plc [2019] EWCA Civ 808 (13 May 2019)

High Court (Administrative Court)

Maguire, R (On the Application Of) v United Response & Ors [2019] EWHC 1232 (Admin) (15 May 2019)

Canterbury City Council v Secretary of State for Housing, Communities and Local Government [2019] EWHC 1211 (Admin) (14 May 2019)

High Court (Chancery Division)

Mussell & Anor v Patience & Anor [2019] EWHC 1231 (Ch) (15 May 2019)

Gracie & Anor v Rose [2019] EWHC 1176 (Ch) (10 May 2019)

High Court (Commercial Court)

Nobiskrug GmbH v Valla Yachts Ltd [2019] EWHC 1219 (Comm) (14 May 2019)

116 Cardamon Ltd v Macalister & Anor [2019] EWHC 1200 (Comm) (14 May 2019)

Boskalis Offshore Marine Contracting BV v Atlantic Marine and Aviation LLP (The “Atlantic Tonjer”) [2019] EWHC 1213 (Comm) (14 May 2019)

Teesside Gas Transportation Ltd v CATS North Sea Ltd & Ors [2019] EWHC 1220 (Comm) (14 May 2019)

High Court (Family Division)

Uhd v McKay [2019] EWHC 1239 (Fam) (15 May 2019)

High Court (Queen’s Bench Division)

Allen v Times Newspapers Ltd [2019] EWHC 1235 (QB) (15 May 2019)

Gilchrist v Greater Manchester Police [2019] EWHC 1233 (QB) (15 May 2019)

Patel v Arriva Midlands Ltd & Anor [2019] EWHC 1216 (QB) (14 May 2019)

Head v The Culver Heating Co Ltd [2019] EWHC 1217 (QB) (14 May 2019)

Bailey & Ors v Glaxosmithkline (UK) Ltd [2019] EWHC 1167 (QB) (09 May 2019)

High Court (Technology and Construction Court)

Moorjani & Ors v Durban Estates Ltd & Anor [2019] EWHC 1229 (TCC) (15 May 2019)

RGB P&C Ltd v Victory House General Partner Ltd [2019] EWHC 1188 (TCC) (10 May 2019)

Thomas & Anor v Taylor Wimpey Developments Ltd & Ors [2019] EWHC 1134 (TCC) (09 May 2019)

Source: www.bailii.org

Lone parents lose benefits cap challenge at supreme court – The Guardian

‘The UK’s highest court has rejected a legal challenge to the benefit cap made by campaigners who argued that it discriminated against single parents with young children.’

Full Story

The Guardian, 15th May 2019

Source: www.theguardian.com

Judge hits out at “irresponsible” media reporting of case on capacity to consent to sex – Local Government Lawyer

Posted May 16th, 2019 in consent, Court of Protection, judges, local government, media, news by sally

‘A Court of Protection judge has strongly criticised media reporting of a case involving whether a woman had the capacity to consent to sex with her husband.’

Full Story

Local Government Lawyer, 16th May 2019

Source: www.localgovernmentlawyer.co.uk

‘I was sworn at and told I was useless’: law’s problem with bullying at work – The Guardian

Posted May 16th, 2019 in barristers, bullying, law firms, legal profession, news, solicitors, statistics by sally

‘A recent survey has revealed experiences of aggressive behaviour and incivility from bosses and colleagues.’

Full Story

The Guardian, 15th May 2019

Source: www.theguardian.com

Voices of children overlooked in family courts, says ex-head – BBC News

‘Family courts in England and Wales are not properly accommodating children’s voices and needs because the government has suggested “it would all cost too much”, their former head has said.’

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BBC News, 16th May 2019

Source: www.bbc.co.uk

Probation will be renationalised after disastrous Grayling reforms – The Guardian

Posted May 16th, 2019 in contracting out, news, probation, recidivists, rehabilitation, statistics by sally

‘The supervision of all offenders in the community is to be undertaken by the state in a major renationalisation of the probation sector, just five years after Chris Grayling introduced a widely derided programme of privatisation while justice secretary.’

Full Story

The Guardian, 16th May 2019

Source: www.theguardian.com

Police take legal action against former officer who had child with activist – The Guardian

‘Police chiefs are taking legal action against one of their former undercover officers who fathered a child during his covert infiltration of leftwing groups and then abandoned him.’

Full Story

The Guardian, 14th May 2019

Source: www.theguardian.com

Later rule changes cannot validate earlier pension increases, rules court – OUT-LAW.com

Posted May 15th, 2019 in appeals, news, pensions, retrospectivity by sally

‘Pension trustees have not been allowed to justify an increase pension contributions with rule changes that happened two years later. The Court of Appeal in the UK has ruled that trustees cannot use rule changes from 1993 to rectify mistakes made in 1991.’

Full Story

OUT-LAW.com, 15th May 2019

Source: www.out-law.com

New Judgment: R (Privacy International) v Investigatory Powers Tribunal & Ors [2019] UKSC 22 – UKSC Blog

‘Inter alia, The Supreme Court held, by a majority, that the Regulation of Investigatory Powers Act 2000, s 67(8) did not “oust” the supervisory jurisdiction of the High Court to quash a decision of the IPT for error of law. Following authority, it was clear that the drafter of s 67(8) would have had no doubt that a determination vitiated by any error of law, jurisdictional or not, was to be treated as no determination at all, and so could not be ousted. The plain words of the subsection must yield to the principle that such a clause will not protect a decision that is legally invalid, as there is a common law presumption against ousting the High Court’s jurisdiction.’

Full Story

UKSC Blog, 15th May 2019

Source: ukscblog.com

‘We want to make it more accessible’: a guide to the new-look bar course – The Guardian

Posted May 15th, 2019 in barristers, fees, inns of court, internet, legal education, news, statistics by sally

‘The exam for barrister trainees could be about to change. Here’s all students need to know about the planned new course.’

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The Guardian, 14th May 2019

Source: www.theguardian.com

Judge rejects claims by parish that nuns conspired to provide district council with false information to secure planning permission – Local Government Lawyer

‘A High Court judge has rejected claims made by a parish council that an international congregation of nuns conspired to provide false information to a district council in order to obtain planning permission for a former school site.’

Full Story

Local Government Lawyer, 14th May 2019

Source: www.localgovernmentlawyer.co.uk

New Judgment: R (DA & Ors) v Secretary of State for Work and Pensions; R (DS & Ors) v Secretary of State for Work and Pensions [2019] UKSC 21 – UKSC Blog

Posted May 15th, 2019 in appeals, benefits, children, equality, families, news, proportionality, Supreme Court by sally

‘This appeal considered whether the application of the revised benefit cap, introduced by the Welfare Reform and Work Act 2016, s 8, to lone parents with children under two years old (i) unlawfully discriminates against parents and/or the children, contrary to ECHR, art 14 with art 8, and/or art 2 of the First Protocol and in breach of the UK’s international obligations under the UN Convention on the Rights of the Child, art 3, and/or (ii) is irrelevant.’

Full Story

UKSC Blog, 15th May 2019

Source: ukscblog.com

The socio-economic duty: A powerful idea hidden in plain sight in the Equality Act – Oxford Human Rights Hub

‘Section 1 of the Equality Act 2010 asks public authorities to actively consider the way in which their policies and their most strategic decisions can increase or decrease inequalities. I am talking about the socio-economic duty. However, successive governments since 2010 have failed to commence it, to bring it to life in technical terms, which means that public authorities are not technically bound by Section 1.’

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Oxford Human Rights Hub, 15th May 2019

Source: ohrh.law.ox.ac.uk

Tommy Robinson: high court gives go-ahead for new contempt case – The Guardian

‘Two high court judges have said fresh proceedings can be brought against Tommy Robinson for alleged contempt of court over the filming of people involved in a criminal trial.’

Full Story

The Guardian, 14th May 2019

Source: www.theguardian.com

Payday loan complaints reach five year high – BBC News

‘Complaints against payday lenders have soared to a five year high, the industry watchdog has said.’

Full Story

BBC News, 15th May 2019

Source: www.bbc.co.uk

Number of British paedophiles may be far higher than thought – The Guardian

‘The number of Britons with a sexual interest in children may be seven times higher than previously thought, the head of the National Crime Agency has said.’

Full Story

The Guardian, 14th May 2019

Source: www.theguardian.com