BAILII: Recent Decisions
High Court (Chancery Division)
Source: www.bailii.org
Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law – UK Constitutional Law Association
‘Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the Bill would never have been able to make good on the hopes of those who wish to see the U.K. unshackled from the jurisdiction of the Strasbourg Court. Rajiv Shah, a former special advisor in the Ministry of Justice and the No 10 Policy Unit, argues that the Bill was presented as containing a lot of red meat – to encourage ECHR sceptics and dismay ECHR advocates – while in reality being little more than a vegan steak. On reflection this is a fairly accurate description. One area of concern, however, was the potential repeal of s. 3 of the Human Rights Act.’
UK Constitutional Law Association, 12th September 2022
Source: ukconstitutionallaw.org
Local authority duties towards unaccompanied asylum seeking children – Local Government Lawyer
‘Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.’
Local Government Lawyer, 9th September 2022
Source: www.localgovernmentlawyer.co.uk
Research Briefing: Regulation of estate agents – House of Commons Library
‘This briefing paper provides an outline of the current regulation of estate agents. It also looks at past market studies and consultations and considers in detail recent government proposals to tighten regulation.’
House of Commons Library , 5th September 2022
Source: commonslibrary.parliament.uk
Call for UK’s biggest police force to stop using facial recognition technology – The Independent
‘Fourteen campaign groups have written an open letter to new Metropolitan Police Commissioner Sir Mark Rowley calling on him to end the use of facial recognition technology.’
The Independent, 9th September 2022
Source: www.independent.co.uk
Smart motorways: Lack of hard shoulder contributed to death – coroner – BBC News
‘The lack of a hard shoulder on a stretch of smart motorway in South Yorkshire contributed to the death of a grandmother, a coroner has ruled.’
BBC News, 10th September 2022
Source: www.bbc.co.uk
Chris Kaba: Police shooting of unarmed man treated as homicide – BBC News
‘A criminal investigation is under way after the police watchdog said it would investigate the shooting of an unarmed black man as a homicide.’
BBC News, 10th September 2022
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2022/938 – The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022
SI 2022/937 – The Electronic Communications (Universal Service) (Amendment) Order 2022
SI 2022/936 – The Professional Qualifications Act 2022 (Commencement No. 1) Regulations 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Priestley, R. v [2022] EWCA Crim 1208 (07 September 2022)
High Court (Administrative Court)
Harris & Anor v Environment Agency [2022] EWHC 2264 (Admin) (06 September 2022)
High Court (Chancery Division)
High Court (Commercial Court)
Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) (05 September 2022)
High Court (Family Division)
S v A [2022] EWHC 2300 (Fam) (07 September 2022)
Source: www.bailii.org
Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog
‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’
UK Human Rights Blog, 6th September 2022
Source: ukhumanrightsblog.com
Liability of schools for abuse by work experience student – Local Government Lawyer
‘Paul Donnelly and Samuel Dawber discuss the implications of a recent High Court case where it was found that a relationship between a school and a work experience student was insufficient to give rise to vicarious liability.’
Local Government Lawyer, 9th September 2022
Source: www.localgovernmentlawyer.co.uk
The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer
‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’
Local Government Lawyer, 9th September 2022
Source: www.localgovernmentlawyer.co.uk
Dismissal for a political affiliation – Local Government Lawyer
‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’
Local Government Lawyer, 9th September 2022
Source: www.localgovernmentlawyer.co.uk
Cambridge Symposium on Economic Crime – Crown Prosecution Service
‘DPP Max Hill’s speech to the Cambridge Symposium on Economic Crime.’
Crown Prosecution Service, 5th September 2022
Source: www.cps.gov.uk
Crypto market rife for new areas of litigation – Law Society’s Gazette
‘The highly active cryptocurrency sector will spawn a raft of new areas of litigation, experts told the Law Society’s commercial litigation conference this week.’
Law Society's Gazette, 8th September 2022
Source: www.lawgazette.co.uk
Judge to consider trans charity’s appeal to strip LGB Alliance of legal status – The Guardian
‘A judge will consider an appeal by the trans rights charity Mermaids on Friday against the Charity Commission’s decision to award charitable status to the new gay rights organisation LGB Alliance. It is understood to be the first time one charity has attempted to strip legal status from another.’
The Guardian, 9th September 2022
Source: www.theguardian.com
Carmarthenshire rapist fathered six children with his daughter – BBC News
‘A safeguarding report has revealed a man, 62, who had been living in Carmarthenshire, fathered six children with his own daughter.’
BBC News, 8th September 2022
Source: www.bbc.co.uk
Two government departments reprimanded by UK data watchdog – BBC News
‘Two government departments have been reprimanded by a watchdog for not responding to Freedom of Information (FOI) requests on time.’
BBC News, 8th September 2022
Source: www.bbc.co.uk
