New rules to protect sex assault victims’ privacy – BBC News
‘Victims of sexual offences have been promised less invasion into their private lives under changes to how evidence is gathered for trials.’
BBC News, 26th May 2022
Source: www.bbc.co.uk
Courts send different messages to lawyers over witness statements – Legal Futures
‘The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.’
Legal Futures, 27th May 2022
Source: www.legalfutures.co.uk
Joint Enterprise: Does Conviction By Association Pose A Risk To Human Rights? – Each Other
‘ “Joint enterprise” is a common law doctrine according to which an individual can be jointly convicted of the crime of another. It is a feature of law that has been misinterpreted for over 30 years. Now, the Crown Prosecution Service (CPS) and the Ministry of Justice (MOJ) may face legal action for breaching their duties under the Equality Act 2010 by failing to record data on joint enterprise prosecutions.’
Each Other, 26th May 2022
Source: eachother.org.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Farrer & Co LLP v Meyer [2022] EWCA Civ 706 (26 May 2022)
Court of Appeal (Criminal Division)
R v Camara [2022] EWCA Crim 542 (25 May 2022)
R v Wilkes [2022] EWCA Crim 525 (25 May 2022)
High Court (Administrative Court)
Price v Crown Prosecution Service [2022] EWHC 1278 (Admin) (26 May 2022)
JD v Secretary of State for Justice [2022] EWHC 1238 (Admin) (25 May 2022)
United States of America v Al-Sarbel [2022] EWHC 1294 (Admin) (25 May 2022)
High Court (Chancery Division)
Ortho Clinical Diagnostics Holdings Plc, Re [2022] EWHC 1283 (Ch) (26 May 2022)
Tohidi v Estridge [2022] EWHC 1237 (Ch) (26 May 2022)
Turner & Ors v Thomas & Anor [2022] EWHC 1239 (Ch) (26 May 2022)
Bourlakova v Bourlakov [2022] EWHC 1269 (Ch) (26 May 2022)
Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) (25 May 2022)
High Court (Queen’s Bench Division)
ST v The Chief Constable of Nottinghamshire Police [2022] EWHC 1280 (QB) (26 May 2022)
High Court (Technology & Construction Court)
Source : www.bailii.org
Nurse fined £10k over NHS pay protest in lockdown wins compensation – The Guardian
‘Two NHS nurses have won compensation from Greater Manchester police (GMP) after being fined over a socially distant protest about NHS pay during lockdown.’
The Guardian, 25th May 2022
Source: www.theguardian.com
What does UK law say about sexual harassment in the workplace? – OUP Blog
‘An MP watching porn in the House of Commons and inappropriate comments made about the deputy leader of the Labour party’s legs: not even the place where our legislation is made appears to be immune from the issue of sexual harassment in the workplace.’
OUP Blog, 25th May 2022
Source: blog.oup.com
Case Preview: DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland) – UKSC Blog
‘DCM is an optician that sells spectacles and provides refractive eye surgery services. Under the value added tax regime, it makes both taxable supplies of goods and exempt supplies of medical services. The dual nature of its supplies creates difficulties in calculating the amount of VAT chargeable on its supplies and input tax recoverable on its acquisitions. In fact, from at least 2000, DCM had been in dispute with HMRC over a different input tax and output tax related issue.’
UKSC Blog, 25th May 2022
Source: ukscblog.com
How Deportation Flights Affect Our Human Rights – Each Other
‘Last Wednesday, the UK government deported seven Jamaican nationals living in the UK. Under the UK Borders Act (2007), any foreign national who has served a prison sentence of 12 months or longer may face deportation. One father left behind his partner and his five-year-old daughter. For him, and for others in his position, it will be a struggle to see his family again, despite the right to a family life which is protected under the Human Rights Act (HRA).’
Each Other, 25th May 2022
Source: eachother.org.uk
‘Guilty as charged’: top UK officer urges police chiefs to admit institutional racism – The Guardian
‘One of Britain’s most senior officers has called on chiefs to admit that institutional racism blights policing, declaring “we are guilty as charged”, and blaming failures on the leadership of law enforcement.’
The Guardian, 25th May 2022
Source: www.theguardian.com
Plans to put victims back at the centre of justice system published – Ministry of Justice
‘Draft legislation published today by the Deputy Prime Minister Dominic Raab will pave the way for the first ever Victims’ Law – putting their needs and voices firmly at the heart of the justice system.’
Ministry of Justice, 25th May 2022
Source: www.gov.uk
Patient funding request for life-saving treatment – Law Society’s Gazette
‘The case of R (on the application of Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin) [2022] ACD 27 involved a challenge to a refusal to fund potentially life-saving medical treatment. It concerned Maria Wallpott, a 50-year-old woman with a rare form of appendix cancer. Ms Wallpott’s clinicians had recommended that she undergo cytoreductive surgery with hyperthermic intraperitoneal chemotherapy (CRS with HIPEC). This treatment, involving the surgical removal of visible tumour and flushing with a heated chemotherapy agent, was not routinely available in Wales, in contrast to England, Scotland and Northern Ireland. An individual patient funding request (IPFR) was therefore made by Ms Wallpott’s doctor to the Welsh Health Specialised Services Committee (WHSSC), which acted on behalf of the local health board. A WHSSC panel refused the request and maintained its decision on review.’
Law Society's Gazette, 20th May 2022
Source: www.lawgazette.co.uk
Court of Protection judge calls for further evidence in Covid-19 vaccination case – Local Government Lawyer
‘A Court of Protection judge has taken what he called the “rare step” of seeking more evidence before making a ruling over whether a man with severe disabilities should be given the Covid-19 vaccination.’
Local Government Lawyer, 26th May 2022
Source: www.localgovernmentlawyer.co.uk
What Is Modern Slavery And Are Victims Being Failed? – Each Other
‘Despite protections under the Modern Slavery Act (2015), victims of modern slavery in the UK are still struggling to access support, or to be recognised as victims at all. In the first three months of 2021, almost 3,000 potential victims were referred to the Home Office. According to a recent Freedom of Information (FOI) request filed by EachOther to the Home Office, between January and September 2021, immigration authorities detained 229 people who were identified as possible victims of modern slavery. Now, charities have raised concerns over the government’s approach to children exploited by drug trafficking gangs and migrant victims of modern slavery, who may be detained and deported if identified.’
Each Other, 23rd May 2022
Source: eachother.org.uk
Review calls for child protection overhaul in England after two deaths – The Guardian
‘Child protection services in England face a shake-up after an independent review of safeguarding failures that led to the killings of six-year-old Arthur Labinjo-Hughes and the toddler Star Hobson.’
The Guardian, 26th May 2022
Source: www.theguardian.com
Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer
‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’
Local Government Lawyer, 26th May 2022
Source: www.localgovernmentlawyer.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2022/577 – The Agriculture and Horticulture Development Board (Amendment) Order 2022
SI 2022/573 – The M25 Junction 28 Development Consent Order 2022
SI 2022/572 – The Alternative Finance (Income Tax, Capital Gains Tax and Corporation Tax) Order 2022
SI 2022/569 – The Finance Act 2022, Schedule 6 (Dormant Assets) (Appointed Day) Regulations 2022
SI 2022/565 – The Boiler Upgrade Scheme (England and Wales) Regulations 2022
SI 2022/562 – The Special Measures in Civil Proceedings (Specified Offences) Regulations 2022
SI 2022/557 – The Air Navigation (Restriction of Flying) (Chelsea Flower Show) Regulations 2022
SI 2022/555 – The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2022
SI 2022/554 – The Abortion (Northern Ireland) Regulations 2022
SI 2022/553 – The Domestic Abuse Act 2021 (Commencement No. 4) Regulations 2022
SI 2022/550 – The Air Navigation (Restriction of Flying) (Southport) Regulations 2022
SI 2022/549 – The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Competition and Markets Authority v Flynn Pharma Ltd & Anor [2022] UKSC 14 (25 May 2022)
Court of Appeal (Civil Division)
YZ v Chief Constable of South Wales Police [2022] EWCA Civ 683 (19 May 2022)
Court of Appeal (Criminal Division)
Padman v Regina [2022] EWCA Crim 690 (23 May 2022)
High Court (Administrative Court)
Bullock & Anor v Director of Public Prosecutions [2022] EWHC 1205 (Admin) (20 May 2022)
Crown Prosecution Service v Iqbal [2022] EWHC 1204 (Admin) (19 May 2022)
High Court (Chancery Division)
Procter v Procter & Ors [2022] EWHC 1202 (Ch) (25 May 2022)
Aurium Real Estate London Ultra Prime Ltd v Mishcon De Reya LLP [2022] EWHC 1253 (Ch) (25 May 2022)
McGaughey & Anor v Universities Superannuation Scheme Ltd & Anor [2022] EWHC 1233 (Ch) (24 May 2022)
Montres Breguet SA & Ors v Samsung Electronics Co. Ltd [2022] EWHC 1127 (Ch) (20 May 2022)
Vneshprombank LLC v Bedzhamov [2022] EWHC 1166 (Ch) (20 May 2022)
Makki v Bank of Beirut SAL [2022] EWHC 1206 (Ch) (19 May 2022)
High Court (Commercial Court)
Ivy Technology Ltd v Martin & Anor [2022] EWHC 1218 (Comm) (20 May 2022)
High Court (Queen’s Bench Division)
Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) (20 May 2022)
Premier Exports London Ltd & Anor v Rajwani [2022] EWHC 1188 (QB) (20 May 2022)
Brooks v Zurich Insurance PLC & Anor [2022] EWHC 1170 (QB) (20 May 2022)
Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) (20 May 2022)
Shell UK Oil Products Ltd v Persons Unknown [2022] EWHC 1215 (QB) (20 May 2022)
High Court (Technology & Construction Court)
Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2022] EWHC 1203 (TCC) (19 May 2022)
Source: www.bailii.org
R (Sheakh) v Lambeth London Borough Council – Equality Law Blog
‘The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent.’
Equality Law Blog, 24th May 2022
Source: equalitylawblog.com
Raab promises to put victims ‘firmly at heart of justice system’ – The Independent
‘The Government has promised to put the “needs and voices” of victims “firmly at the heart of the justice system” with a series of legal reforms.’
The Independent, 25th May 2022
Source: www.independent.co.uk
