Government rejects call to ban smacking in England – BBC News
‘The government has rejected calls to ban physical punishment of children in England, saying they are already protected in law.’
BBC News, 12th April 2023
Source: www.bbc.co.uk
Manchester police officers shared ‘abhorrent’ group messages, IOPC finds – The Guardian
‘Six Greater Manchester police officers shared “abhorrent” racist, ableist and other offensive messages in a WhatsApp group, an investigation by the police watchdog has found.’
The Guardian, 12th April 2023
Source: www.theguardian.com
ULEZ expansion: Judicial review to be held over plans – BBC News
‘A judicial review is to be held into Sadiq Khan’s plans to expand the Ultra Low Emission Zone (ULEZ) across London.’
BBC News, 12th April 2023
Source: www.bbc.co.uk
Cumbrian coal mine legal challenge refused – The Independent
‘Climate campaigners have been refused a legal challenge against the Government over its decision to grant planning permission to a new coal mine in Cumbria.’
The Independent, 12th April 2023
Source: www.independent.co.uk
Council’s failures left disabled child in chronic pain for three years, watchdog finds – The Guardian
‘A severely disabled child missed out on vital NHS surgery and was left in chronic pain for more than three years because a council failed to move them out of unsuitable housing despite repeated pleas from health professionals, a watchdog has ruled.’
The Guardian, 13th April 2023
Source: www.theguardian.com
PC Sharon Beshenivsky death: Man extradited and charged with murder – BBC News
‘A 74-year-old man is due to appear in court later charged with the 2005 murder of PC Sharon Beshenivsky after being extradited from Pakistan.’
BBC News, 13th April 2023
Source: www.bbc.co.uk
Chef wrongly branded sex offender wins long fight to stay in UK – The Guardian
‘A chef from Bangladesh who was wrongly recorded as a sex offender by the Home Office has won the right to remain in the UK after fighting since 2010.’
The Guardian, 12th April 2023
Source: www.theguardian.com
London boroughs issue report on going beyond statutory and regulatory housing responsibilities, admitting there is “more they must do” – Local Government Lawyer
‘The London Housing Directors’ Group, with support from London Councils, has issued a report setting out best practice principles on how boroughs can go beyond their statutory and regulatory responsibilities to deliver the “highest possible housing standards”.’
Local Government Lawyer, 12th April 2023
Source: www.localgovernmentlawyer.co.uk
Custody, carer, client: family lawyers identify ‘harmful’ words – Law Society’s Gazette
‘Custody, versus, battle, opponent, rights, parties and dispute – these are the words family law professionals consider the most harmful to family relationships, according to the Family Solutions Group. The group, set up by Mr Justice Cobb in 2020, marked the first anniversary of no-fault divorce reforms by calling for an end to “combative” language in family separation cases.’
Law Society's Gazette, 11th April 2023
Source: www.lawgazette.co.uk
BAILII: Recent Decisions
Supreme Court
High Court (Chancery Division)
Prevost & Anor v McCarthy [2023] EWHC 824 (Ch) (06 April 2023)
High Court (Commercial Court)
Navigator Equities Ltd & Anor v Deripaska [2023] EWHC 788 (Comm) (05 April 2023)
Source: www.bailii.org
Dove (Part 2): Article 2 ECHR, Rabone, and Responsibility – Doughty Street Chambers
‘Last week [24 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1). In an earlier post I dealt with the first, successful, ground of appeal: that because of fresh evidence it was in the interests of justice to order a new Jamieson inquest. In this post I examine the Court of Appeal’s analysis of the case from the point of view of the engagement of Article 2 ECHR.’
Doughty Street Chambers, 24th March 2023
Source: insights.doughtystreet.co.uk
Dove (Part 1): Jamieson Inquests, Causation, and Conclusions – Doughty Street Chambers
‘Last week [20 March] the Court of Appeal gave judgment in Dove [2023] EWCA Civ 289, an appeal against the Divisional Court’s decision not to order a new inquest into the death of Jodey Whiting, in proceedings brought by her mother Joy Dove. Ms Whiting died a self-inflicted death in the community, after a mental health crisis, in which the decision of the Department of Work and Pensions to cease her benefits was said to have played a contributory role. An inquest in 2017 came to a conclusion of “suicide” (§1).’
Doughty Street Chambers, 20th March 2023
Source: insights.doughtystreet.co.uk
The employer/employee relationship and independent contractors – 3PB
‘In Andrew Carr v Brands Transport Limited [2022] EWHC 3167 (KB) the Claimant was the sole director and 80% shareholder of the Defendant company. He suffered catastrophic brain injuries when he fell some 14 feet onto concrete whilst loading a car on a transporter that was defective due to the fault of an independent contractor. The court held however that the Defendant was liable with the Claimant being 40% contributorily negligent.’
3PB, March 2023
Source: www.3pb.co.uk
Unfair prejudice claim in a long-standing rags to riches family dispute has failed (Pickering v Hughes and ors) – Gatehouse Chambers
‘Dispute Resolution analysis: Following a liability trial, an unfair prejudice petition under section 994 of the Companies Act 2006 has been dismissed. None of the alleged instances of unfair prejudice directed against the Respondents was made out.’
Gatehouse Chambers, 23rd March 2023
Source: gatehouselaw.co.uk
Barry v Ministry of Defence [2023] EWHC 49 (KB) – 3PB
‘On 3 March 2023, Johnson J handed down judgment in relation to former marine Mr Barry’s claim that the Ministry of Defence (MoD) caused his noise-induced hearing loss. It is the first time judicial guidance has been expressly given on the reduction factors (other than mortality) since the revised guidance in the 8th edition of the Ogden tables were published in July 2020.’
3PB, March 2023
Source: www.3pb.co.uk
OUTLOOK: Building for the Future – Climate Change and Arbitration – 39 Essex Chambers
‘The data from the major arbitral institutions indicates that the users of arbitration are overwhelmingly represented in heavily emitting industries – energy, construction and the financial sectors. Corporates in these industries will be the first to feel changes in regulation as targets become more ambitious – this is where the role of the state becomes significant in investor state arbitrations.’
39 Essex Chambers, 28th March 2023
Source: www.39essex.com
Part 36: Is There Any Value in a Split Liability Offer? – Pump Court Chambers
‘In the recent case of Mundy v TUI UK Ltd [2023] EWHC 385 (Ch), the High Court (Collins Rice J) provided helpful clarification about when Part 36 offers deal with an apportionment of liability.’
Pump Court Chambers, 27th March 2023
Source: www.pumpcourtchambers.com
