Ronan Kanda: Teenagers guilty of mistaken identity murder – BBC News
‘Two teenagers have been found guilty of murdering a 16-year-old boy who was killed in a case of mistaken identity.’
BBC News, 24th May 2023
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Sankaye v The General Medical Council [2023] EWHC 1213 (Admin) (22 May 2023)
High Court (Chancery Division)
Morina v McAleavey & Ors [2023] EWHC 1234 (Ch) (23 May 2023)
High Court (Commercial Court)
Port De Djibouti SA v DP World Djibouti FZCO [2023] EWHC 1189 (Comm) (22 May 2023)
High Court (King’s Bench Division)
Ness v Carillion Capital Projects Ltd & Ors [2023] EWHC 1219 (KB) (23 May 2023)
Brown & Anor v Sestras & Ors [2023] EWHC 1220 (KB) (22 May 2023)
Source: www.bailii.org
Stephen Tierney and Alison L. Young: The House of Lords Constitution Committee Reports on the Illegal Migration Bill – UK Constitutional Law Association
‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’
UK Constitutional Law Association, 23rd May 2023
Source: ukconstitutionallaw.org
Man jailed for life for murdering schoolgirl Nikki Allan in 1992 – The Guardian
‘A child killer who brutally murdered a “bright and sparky” seven-year-old girl and managed to escape justice for more than 30 years has been sentenced to life in prison.’
The Guardian, 23rd May 2023
Source: www.theguardian.com
Judge throws out DeepMind NHS data action – Law Society’s Gazette
‘A representative claim on behalf of 1.6 million people whose medical records were drawn upon to help Google subsidiary DeepMind develop an app has been thrown out by the High Court because of the claimants’ differing circumstances. Ruling in Prismall v Google UK & Anor, Mrs Justice Heather Williams DBE found that the claim failed the ‘same interest’ requirement set out in the civil procedure rules.’
Law Society's Gazette, 22nd May 2023
Source: www.lawgazette.co.uk
The UK Bill of Rights: Changes to Human Rights Protection may Impact Climate Litigation – Oxford Human Rights Hub
‘Across the world, human rights-based arguments are increasingly deployed in climate litigation against public bodies. However, in the UK, potential reforms to the Human Rights Act 1998 (HRA) – an Act which allows claimants in domestic courts to rely on the European Convention on Human Rights (ECHR) – could seriously impact the ability of these cases to succeed in the future.’
Oxford Human Rights Hub, 22nd May 2023
Source: ohrh.law.ox.ac.uk
Carlisle carer jailed for stealing £75k from elderly couple – BBC News
‘An “out of control” drug-taking gambling addict stole more than £75,000 from an elderly couple while working as their carer.’
BBC News, 22nd May 2023
Source: www.bbc.co.uk
Law Commission calls for tighter rules on use of personal records in rape trials – The Guardian
‘Greater restrictions should be introduced on the use of rape complainants’ personal records and evidence relating to their sexual behaviour to avoid rape myths contaminating trials in England and Wales, a government-commissioned review has said.’
The Guardian, 23rd May 2023
Source: www.theguardian.com
No continuing loss from law firm’s breach of contract, tribunal rules – Legal Futures
‘A trainee solicitor who never took up his job after the terms of employment were changed four days before he began work has failed in his bid for damages greater than his contractual notice period.’
Legal Futures, 23rd May 2023
Source: www.legalfutures.co.uk
Lakeside: Man guilty of murder at shopping centre food hall – BBC News
‘A 23-year-old man has been convicted of murder after stabbing a father-of-three at a busy shopping centre.’
BBC News, 22nd May 2023
Source: www.bbc.co.uk
Is A.I. Coming for the Lawyers? – Law Pod UK
‘Professor Richard Susskind, advisor to the Lord Chief Justice of England and Wales, has been alerting the legal profession to the advance of technology since the 1990s.’
Law Pod UK, 22nd May 2023
Source: audioboom.com
Child sexual abuse compensation scheme to be set up in England – The Guardian
‘The government is to launch a compensation scheme for survivors of child sexual abuse in England, the home secretary has said.’
The Guardian, 22nd May 2023
Source: www.theguardian.com
Why The Magistrates Courts Aren’t Working – Each Other
‘In 2022, the Criminal Bar Association voted to undertake industrial action, bringing the dire state of much of the criminal justice system into the public eye. Following successive cuts by the government, among the issues were unusable court buildings, including broken toilets, leaking ceilings and malfunctioning heating systems, and the dismal remuneration received by barristers – barristers who are tasked with working on the most serious cases across the Crown Courts.’
Each Other, 19th May 2023
Source: eachother.org.uk
Court of Appeal finds Ombudsman decision to withdraw report was unlawful, but dismisses appeal by developer – Local Government Lawyer
‘The Court of Appeal has dismissed a developer’s appeal concerning whether the Local Government and Social Care Ombudsman had the power to withdraw a final report into Tewkesbury Borough Council’s refusal to waive a planning fee, re-open its investigation and then issue a second final report in favour of the council.’
Local Government Lawyer, 19th May 2023
Source: www.localgovernmentlawyer.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for the Home Department v Cox & Ors [2023] EWCA Civ 551 (19 May 2023)
Stoute & Anor v News Group Newspapers Ltd [2023] EWCA Civ 523 (19 May 2023)
Allami v Fakher [2023] EWCA Civ 532 (19 May 2023)
Healey v Fraine & Ors [2023] EWCA Civ 549 (19 May 2023)
Sicwebu v Secretary of State for the Home Department [2023] EWCA Civ 550 (19 May 2023)
Invest Bank PSC v El-Husseini & Ors [2023] EWCA Civ 555 (19 May 2023)
High Court (Administrative Court)
High Court (Chancery Division)
Ortiz-Patino v MGI Golf and Leisure Opportunities Fund Ltd [2023] EWHC 1203 (Ch) (19 May 2023)
Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2023] EWHC 1184 (Ch) (19 May 2023)
Commissioners for His Majesty’s Revenue and Customs v Malde [2023] EWHC 1188 (Ch) (19 May 2023)
High Court (King’s Bench Division)
Prismall v Google UK Ltd & Anor [2023] EWHC 1169 (KB) (19 May 2023)
Halborg & Anor v Halborg & Ors [2023] EWHC 1190 (KB) (19 May 2023)
Wood v Foyer Assurances SA [2023] EWHC 1193 (KB) (19 May 2023)
Source: www.bailii.org
Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association
‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’
UK Constitutional Law Association , 22nd May 2023
Source: ukconstitutionallaw.org
Is “ethnocentric nationalism” protected by s.10 of the Equality Act?: Cave – Law & Religion UK
‘In Mr A Cave v The Open University [2023] UKET 3313198/2020, the OU received internal and external complaints in June 2020 about what was claimed to be racist material that Mr Cave had posted on Twitter and on a YouTube channel he had set up entitled “Renew Britannia” [6].’
Law & Religion UK, 22nd May 2023
Source: lawandreligionuk.com
UK parliament to debate university statutory duty of care towards students – OUT-LAW.com
‘As the UK parliament prepares to debate a petition by families of students that have died by suicide while at university, is it possible that additional statutory duties could be imposed upon UK’s higher education providers to protect the health, safety and wellbeing of their students, legal experts have said.’
OUT-LAW.com, 19th May 2023
Source: www.pinsentmasons.com
