BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Luddington, Re Review of Minimum Term No.2 [2022] EWHC 3 (Admin) (07 January 2022)
Toth v High Court of Szolnok, Hungary [2022] EWHC 17 (Admin) (07 January 2022)
Source: www.bailii.org
Nationality and Borders Bill: many of the proposals will negatively affect children, not just those concerning them directly – EIN Blog
‘Hadia (22), Mubin (16), and Hasti (7) along with their mother Khazal were among the 27 people who died in the Channel in November 2021, trying to reach the UK. Other children and young people like them have attempted the dangerous crossing or have made it across the Channel, though we don’t know how many. While not the majority, children do make up a significant proportion of the asylum-seeking population. Between 2010 and 2020, 86,533 children claimed asylum in the UK, while children made up almost a quarter (23%) of UK asylum applicants and dependents during that time. Most (62,321) claimed asylum with their families, making up 17% of asylum seekers overall. The remaining 6% claimed asylum on their own as unaccompanied asylum-seeking children.’
EIN Blog, 7th January 2022
Source: www.ein.org.uk
Class actions in England and Wales – OUT-LAW.com
‘There has been a growing impetus in recent years to enable individuals in the UK to come together to bring the same or similar claims against those they believe are responsible for wrongdoing. These claims are commonly known as “class actions”, a term particularly popular in US litigation, though they are also often referred to as “group actions” or “collective actions” too. However, in fact, the various terms describe a range of different procedures. In this guide, which focuses on the position in England and Wales, we use the overarching phrase “mass actions”.’
OUT-LAW.com, 7th January 2022
Source: www.pinsentmasons.com
Gay marriage-cake case declared inadmissible by Strasbourg Court – UK Human Rights Blog
‘Lee v. the United Kingdom (application no. 18860/19). The European Court of Human Rights has, by a majority, declared the application inadmissible. The decision is final.’
UK Human Rights Blog, 7th January 2022
Source: ukhumanrightsblog.com
One date to rule them all: McQuillan, McGuigan and McKenna [2021] UKSC 55 – UK Human Rights Blog
‘In one of its final decisions of 2021, McQuillan, McGuigan and McKenna, the UK Supreme Court addressed challenges to the effectiveness of police investigations into events which took place during the Northern Ireland conflict. The European Court has long maintained that the right to life (Article 2 ECHR) and the prohibition upon torture and inhuman and degrading treatment (Article 3 ECHR) carry with them positive obligations on the state to conduct effective investigations. These “legacy” cases not only draw the Courts into debates over some of the most contentious aspects of the Northern Ireland conflict, in particular the involvement of state agents in killings and the infliction of serious harms upon individuals, but they also pose questions about how human rights law applied in the context of Northern Ireland as a jurisdiction before the enactment of the Human Rights Act 1998.’
UK Human Rights Blog, 7th January 2022
Source: ukhumanrightsblog.com
Waste is only waste if we waste it* – Local Government Lawyer
‘Michael Mousdale examines the measures in relation to waste enforcement and regulation set out in Part 3 of the Environment Act 2021 and assesses their impact on local authorities.’
Local Government Lawyer, 7th January 2022
Source: www.localgovernmentlawyer.co.uk
Ombudsman recommends county council pay nearly £7k after boy left without education for two years – Local Government Lawyer
‘A boy with special education needs who received “virtually no” education for two years should be given £6,900 in compensation by Suffolk County Council, an investigation by the Local Government and Social Care Ombudsman has recommended.’
Local Government Lawyer, 7th January 2022
Source: www.localgovernmentlawyer.co.uk
High Court strikes out law professor’s libel claims – Legal Futures
‘The High Court has struck out libel claims made by a former Warwick University law professor against two fellow academics, an investigator and a law student.’
Legal Futures, 10th January 2022
Source: www.legalfutures.co.uk
Find another way to resolve dispute, High Court tells parties – Legal Futures
‘The High Court has told parties to an intellectual property claim to find other ways to resolve their dispute in the light of the first three hearings all concerning costs and not the merits.’
Legal Futures, 10th January 2022
Source: www.legalfutures.co.uk
The Farquhar Committee and the Future of the Financial Remedies Court – Family Law
’23 March 2020 will be etched in the mind of generations. It was the day which brought unprecedented change to the way the world worked, not least the operation of the justice system and access to justice. Like many areas of law, the Financial Remedies Court [‘FRC’], was not prepared for the sudden and abrupt suspension of attended hearings, yet advances in technology quickly enabled the FRC to get back to work, albeit, at least to begin with, in a totally alien way for many. The use of remote hearings as a way of administering justice has now been the norm for over 20 months, and as the world begins to cautiously ‘get back to normal’, the question on the minds of all those practicing within the FRC is “what does the new normal look like?”’
Family Law, 7th January 2022
Source: www.familylaw.co.uk
Use of secondary legislation ‘dangerous for democracy’, peers warn – Law Society’s Gazette
‘Ministers are showing “growing contempt for parliament” through the increasing use of secondary legislation and skeleton bills to significantly change the law without proper scrutiny – a growing trend which is “dangerous for democracy”, peers have warned.’
Law Society's Gazette, 7th January 2022
Source: www.lawgazette.co.uk
Former publican makes legal history with abuse of process claim – Law Society’s Gazette
‘Aformer publican has made legal history after accepting ‘substantial’ damages to settle a civil abuse of process claim – a cause of action last successfully sued upon 160 years ago, his lawyers have said.’
Law Society's Gazette, 7th January 2022
Source: www.lawgazette.co.uk
UK data watchdog seeks talks with Meta over child protection concerns -The Guardian
‘The UK’s data watchdog is seeking clarification from Mark Zuckerberg’s Meta about parental controls on its popular virtual reality headset, as campaigners warned that it could breach an online children’s safety code.’
The Guardian, 9th January 2022
Source: www.theguardian.com
Home Office tells asylum seeker he can return to Syria safely – The Guardian
‘The Home Office has told a Syrian asylum seeker he can return to the country he fled during the war because it is safe to do so, in what is thought to be the first case of its kind.’
The Guardian, 9th January 2022
Source: www.theguardian.com
Primary school teacher banned from classrooms after sending thousands of pounds to terror groups – The Independent
‘A primary school teacher has been banned from teaching after sending thousands of pounds to individuals and groups linked to terrorism.’
The Independent. 10th January 2022
Source: www.independent.co.uk
Dudley mum’s legal fight over autistic son’s conviction – BBC News
‘The mother of an autistic man jailed for robbery says she is fighting to clear his name after the justice system failed to understand his disability. Joan Martin said 23-year-old Osime Brown’s autism meant he was incapable of committing the offence, and claims he was not given fair process. She is working with lawyers, who allege institutional discrimination, to overturn a “miscarriage of justice”.’
BBC News, 10th January 2022
Source: www.bbc.co.uk
‘Gay cake’ row: man loses seven-year battle against Belfast bakery – The Guardian
‘ECHR says Gareth Lee’s case against bakery that refused to make cake with ‘support gay marriage’ message is inadmissible.’
The Guardian, 6th January 2022
Source: www.theguardian.com
Venues must have anti-terror measures under government plans – BBC News
‘Venues would have a legal duty to put in place security measures to protect the public from terror attacks under government plans. It comes in the wake of the 2017 Manchester Arena bombing, when 22 people were killed as they left an Ariana Grande concert. Home Secretary Priti Patel will set out the proposals on Monday, following an 18-week consultation.’
BBC News, 9th January 2022
Source: www.bbc.co.uk
