Migrants win High Court unlawful age assessment challenge – BBC News
‘Two migrants have won a High Court battle after complaining about how their ages were assessed when they arrived in the UK.’
BBC News, 20th January 2022
Source: www.bbc.co.uk
Stephen Tierney and Alison Young: Constitution Committee report on the Future Governance of the UK – UK Constitutional Law Association
‘Following a year-long inquiry into the future governance of the United Kingdom, the House of Lords Constitution Committee today publishes its report, Respect and Co-operation: Building a Stronger Union for the 21st century.’
UK Constitutional Law Association, 20th January 2022
Source: ukconstitutionallaw.org
Fly-tipping: Government plans to tackle ‘new narcotics’ of waste crime – BBC News
‘The government has announced plans to tackle what the head of the Environment Agency has called the “new narcotics” of fly-tipping and waste crime.’
BBC News, 21st January 2022
Source: www.bbc.co.uk
Bakery handed £26k fine after dishwasher pollutes stream – Local Government Lawyer
‘A Natural Resources Wales (NRW) prosecution has seen a bakery fined for polluting a stream with its dishwasher.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
End-to-end encryption protects children, says UK information watchdog – The Guardian
‘The UK data watchdog has intervened in the debate over end-to-end encryption, warning that delaying its introduction puts “everyone at risk” including children.’
The Guardian, 21st January 2022
Source: www.theguardian.com
Care home staff jailed for degrading acts to vulnerable man – BBC News
‘Three care home workers have been jailed for 18 months for mistreating a vulnerable man.’
BBC News, 20th January 2022
Source: www.bbc.co.uk
TCC severs adjudicator’s decision – Practical Law: Construction Blog
‘I appreciate that not everyone will agree but, as well as striving to get to the right answer, correctly applying the law, and so on, most adjudicators also want to provide the parties with a decision that is ultimately enforceable by the TCC. I think I also speak for most adjudicators when I say that it comes as somewhat of a relief when we read a judgment on BAILII or the like and we’ve been enforced.
But what about cases where only part of the decision is enforced, and the other part is severed? It is arguable that for the adjudicator it is, to use the language of the Black Knight in Monty Python and the Holy Grail, “just a flesh wound”. However, I can attest to the fact that it is frustrating, having been one of the first adjudicators to be severed back in 2012 in Beck Interiors v UK Flooring Contractors. I was thoroughly annoyed with myself for getting it wrong and only part of my decision was enforced (but I was assured by my peers that “tis but a scratch”).’
Practical Law: Construction Blog, 19th January 2022
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Vneshprombank LLC v Bedzhamov [2022] EWHC 101 (Ch) (19 January 2022)
High Court (Commercial Court)
The Huntsworth Wine Company Ltd v London City Bond Ltd [2022] EWHC 98 (comm) (19 January 2022)
High Court (Queen’s Bench Division)
O’Grady v B15 Group Ltd [2022] EWHC 67 (QB) (17 January 2022)
Source: www.bailii.org
Should We All Have The Right To Die On Our Own Terms? – Each Other
‘As the Assisted Dying Bill is scrutinised in parliament, the debate over whether terminally ill people should have the right to die is heating up again. So, what could a right to die look like in the UK?’
Each Other, 20th January 2022
Source: eachother.org.uk
Some clinical trials will be able to be conducted in the UK without prior regulatory review under legislative reforms set out by regulators. – OUT-LAW.com
‘The proposals, developed by the Medicines and Healthcare products Regulatory Agency (MHRA) and Health Research Authority (HRA) in collaboration with clinical research experts, are aimed at ending the existing “one size fits all” approach to clinical trials regulation in the UK and replacing it with a risk-based framework.’
OUT-LAW.com, 18th January 2022
Source: www.pinsentmasons.com
Gaps in Time and Space: Claims for Clinical Negligence by Secondary Victims following Paul v Royal Wolverhampton NHS Trust – Ropewalk Clinical Negligence Blog
‘A heavyweight Court of Appeal, comprising the Master of the Rolls, the Vice President of the Court of Appeal (Civil Division) and Nicola Davies LJ has handed down judgment in the conjoined appeals of Paul v Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 (referred to, together, in this post as “Paul”). The appeal has been awaited and closely watched, dealing as it does with claims for psychiatric injury by secondary victims (that category of cases referred to, historically, as “nervous shock claims”) in a clinical negligence context. The Master of the Rolls gave the leading judgment, with which the Vice President and Nicola Davies LJ agreed.’
Ropewalk Clinical Negligence Blog, 18th January 2022
Source: www.ropewalk.co.uk
Barry Bennell abuse claim falls on limitation and vicarious liability – UK Human Rights Blog
‘TVZ and Ors v Manchester City Football Club Ltd [2022] EWHC 7 (QB). Barry Bennell was a football coach who sexually abused a number of boys in the 1980s. He is serving a sentence of 34 years imprisonment and, at the age of 68, is likely to die in jail. The Claimants in this case were his victims. Mr Justice Johnson described each as a ‘remarkable’ men, courageously giving evidence and some waiving their rights to anonymity determined to do everything they could to encourage others to come forward and ensure Bennell was prosecuted and, ultimately, convicted. The issue in this case was not the veracity of their account – the judge made is explicitly clear they were believed and the Defendant did not question the fact the abuse had occurred. The dispute was whether civil liability attached to Manchester City football club for the abuse committed by Bennell. There were two fundamental hurdles for the Claimants: limitation and vicarious liability. On the particular facts, the court found that they failed to overcome both.’
UK Human Rights Blog, 19th January 2022
Source: ukhumanrightsblog.com
Family Court judge criticises “seriously flawed” investigation into injuries suffered by boy – Local Government Lawyer
‘A county council failed to establish that a child’s injuries were inflicted and the investigation into responsibility for those injuries was “seriously flawed”, a Family Court judge has found.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
Failure in childcare case to identify cognitive difficulties of appellant and to make appropriate participation directions “amounted to serious procedural irregularity”, Court of Appeal rules – Local Government Lawyer
‘Failure to identify an appellant’s cognitive limitations led to procedural unfairness in a case involving children, the Court of Appeal has found.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
Government defeats High Court challenge to ending of ‘Everyone In’ initiative – Local Government Lawyer
‘A High Court judge has dismissed a judicial review challenge over the Government’s to end the ‘Everyone In’ initiative that was launched to get rough sleepers off the streets during the pandemic.’
Local Government Lawyer, 20th January 2022
Source: www.localgovernmentlawyer.co.uk
MoJ threatened with fine over huge data request backlog – Legal Futures
‘The Information Commissioner’s Office (ICO) has threatened to fine the Ministry of Justice (MoJ) if it fails to deal with thousands of outstanding subject access requests (SARs).’
Legal Futures, 19th January 2022
Source: www.legalfutures.co.uk
Public bodies not generally liable for ‘merely acting ineffectually’, CoA rules – Law Society’s Gazette
‘Public authorities do not generally owe a duty of care “where it has intervened but has done so ineffectually” in a way which fails to confer a benefit rather than “making matters worse”, the Court of Appeal ruled today.’
Law Society's Gazette, 18th January 2022
Source: www.lawgazette.co.uk
