Montgomery and Material Contribution – QMLR
‘In January 2023, Mr Justice Ritchie handed down an important decision dealing with Montgomery and causation in birth injury claims.’
QMLR, 18th July 2023
Source: 1corqmlr.com
High Court upholds order for possession leaving disabled 62-year-old woman homeless – Local Government Lawyer
‘Reading Borough Council has defeated an appeal against eviction by a disabled resident with a long history of anti-social behaviour.’
Local Government Lawyer, 3rd August 2023
Source: www.localgovernmentlawyer.co.uk
Anti-vaxxer guilty of harassing Matt Hancock on London tube – The Guardian
‘An anti-vaccine protester who accused Matt Hancock of murdering people during the coronavirus pandemic has been found guilty of harassment.’
The Guardian, 2nd August 2023
Source: www.theguardian.com
When can findings of fact be re-opened? – Becket Chambers
‘There has been some uncertainty over the correct approach to the issue of when findings of fact can be re-opened. This was as a direct result of the judgment of Mostyn J in Re RL.’
Becket Chambers, 3rd July 2023
Source: becket-chambers.co.uk
Man whose house had Nazi flags, fridge magnets and Adolf Hitler portrait jailed – The Independent
‘A man whose house was found adorned with Nazi flags, fridge magnets and a portrait of Adolf Hitler has been jailed.’
The Independent, 2nd August 2023
Source: www.independent.co.uk
Leaseholder Causes of Action: Key Points for Busy Practitioners – Tanfield Chambers
‘Hugh Rowan examines three new cases of action under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
Jacob Crouch: stepfather found guilty of murdering baby in Derbyshire – The Guardian
‘A man has been found guilty of murdering his 10-month-old stepson, Jacob Crouch, who was left with dozens of injuries, including at least 39 rib fractures, in the run-up to his death.’
The Guardian, 2nd August 2023
Source: www.theguardian.com
High Court removes privilege in fraud claim involving top law firm – Legal Futures
‘Legal professional privilege should not apply in a case where there is a “very good arguable case” that a client used global firm DLA Piper’s services to assist a fraud, the High Court has ruled.’
Legal Futures, 2nd August 2023
Source: www.legalfutures.co.uk
Children’s Commissioner for England asks for views on adding care experience to list of ‘protected characteristics’ – Local Government Lawyer
The Children’s Commissioner for England, Dame Rachel de Souza, is to ask care-experienced people for their views on whether care experience should be a ‘protected characteristic’ under the Equality Act 2010 – “like age, disability or religion currently are”.
Local Government Lawyer, 1st August 2023
Source: www.localgovernmentlawyer.co.uk
Making an Application for a Remediation Contribution Order (RCO) – Tanfield Chambers
‘James Fieldsend looks at applying for remediation contribution orders under the BSA.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
Supreme Courts finds the PSED does not have extra-territorial effect – Cloisters
‘In a unanimous judgment, the Supreme Court in R (on the application of Marouf) (Appellant) v Secretary of State for the Home Department (Respondent) [2023] UKSC 23 has determined that the public sector equality duty (“PSED”) does not have extra-territorial effect.’
Cloisters, 14th July 2023
Source: www.cloisters.com
Fugitive guilty of stabbing asylum seeker to death in row over £10 drug debt – The Independent
‘A fugitive has been found guilty of stabbing an Afghan asylum seeker to death over a £10 debt nearly six years ago.’
The Independent, 1st August 2023
Source: www.independent.co.uk
Certification Requirements and Conveyancing: Dealing With the Blunt End of the Building Safety Act – Tanfield Chambers
‘Sara Jabbari looks as the certification requirements in the BSA and how it affects conveyancers.’
Tanfield Chambers, 4th July 2023
Source: www.tanfieldchambers.co.uk
UK spy agencies want to relax ‘burdensome’ laws on AI data use – The Guardian
‘The UK intelligence agencies are lobbying the government to weaken surveillance laws they argue place a “burdensome” limit on their ability to train artificial intelligence models with large amounts of personal data.’
The Guardian, 1st August 2023
Source: www.theguardian.com
How not to talk about capacity and mental illness – Doughty Street Chambers
‘A recent High Court appeal – concerning an application made by a litigation friend to be discharged from her position – contains some useful observations on inappropriate submissions and language used by lawyers in cases raising issues of mental illness and capacity.’
Doughty Street Chambers, 19th July 2023
Source: insights.doughtystreet.co.uk
McCulloch and others v Forth Valley Health Board [2023] UKSC 26 – Old Square Chambers
‘What is the correct legal test to be applied to the assessment as to whether an alternative treatment is reasonable and requires to be discussed with the patient?’
Old Square Chambers, 18th July 2023
Source: oldsquare.co.uk
Contempt of court – yet more confusion and inconsistency over naming of guilty party – Transparency Project
‘This case has also revealed inconsistencies within and between a key practice direction and recently updated rules of court, and differences of approach between senior High Court judges. In these circumstances, it seems difficult to expect ordinary mortals to follow and understand the law, the key purpose of which is to prevent criminal penalties (including imprisonment) being imposed against someone in secret. It is particularly difficult because, as we discovered, the relevant rules and practice directions are not at all easy to find.’
Transparency Project, 1st August 2023
Source: transparencyproject.org.uk
The Supreme Court provides authoritative guidance on the application of Article 2 to Coronial investigations and inquests – QMLR
‘The advent of the Human Rights Act 1998, and the incorporation into domestic law of the Article 2 right to life, has transformed coronial investigations and inquests over the last two decades. Lord Bingham’s magisterial creation of the ‘enhanced’ investigation and conclusion in R (Middleton) v West Somerset Coroner [2004] UKHL 10, [2004] 2 AC 182 (later adopted by Parliament) gave coroners greater responsibility to hold the state to account for deaths. That, in turn, has significantly improved the ways in which all inquests are conducted, not just those where Article 2 is found to be engaged. Inquests are no longer haphazard affairs. They are (ordinarily) carefully planned and structured processes; and their participants, the ‘interested persons’, are far more involved in assisting coroners with the task of identifying the proper scope of their investigations and the lawful ambit of their conclusions.’
QMLR, 18th July 2023
Source: 1corqmlr.com
HS2 Euston tunnellers given suspended sentences after retrial – The Guardian
‘Six environmental activists who underwent a retrial over charges related to tunnelling near Euston station in London in protest against HS2 have been sentenced.’
The Guardian, 1st August 2023
Source: www.theguardian.com
Home Office breached statutory duty to ensure provision of adequate accommodation for pregnant asylum seeker and children – Garden Court Chambers
‘The Claimant was a destitute asylum-seeker who was heavily pregnant and the mother of three young children.’
Garden Court Chambers, 31st July 2023
Source: www.gardencourtchambers.co.uk
