Smitten prison officer helped inmate lover escape – BBC News
‘A former prison officer has been jailed for forming a relationship with an inmate and helping him escape.’
BBC News, 10th August 2021
Source: www.bbc.co.uk
Chaos as more than a dozen people taken off deportation flight from UK to Jamaica – The Guardian
‘The hours before a controversial Home Office charter flight to Jamaica was due to take off were mired in chaos and confusion as more than a dozen people were removed from the flight after legal challenges. The original Home Office “long list” for the flight is believed to have had 90 names on it. But the fate of the deportation flight hung in the balance on Tuesday evening as only about one tenth remained on the schedule. Tweets from a campaign group in the early hours of Wednesday morning, and flight tracker data, suggested the plane did eventually depart.’
The Guardian, 11th August 2021
Source: www.theguardian.com
UK could allow animal tests for cosmetic ingredients for first time since 1998 – The Guardian
‘Ministers have opened the door to expanding the use of animal testing to ingredients used in cosmetic products for the first time in 23 years, an animal welfare charity has said.’
The Guardian, 11th August 2021
Source: www.theguardian.com
Channel migrants: Asylum seeker cleared of people smuggling was ‘scapegoat’ – BBC News
‘An Iranian asylum seeker cleared of people smuggling has said he was made a “scapegoat” by British authorities. Fouad Kakaei, who steered a dinghy across the English Channel, was found not guilty at a second trial after appealing against his first conviction.’
BBC News, 11th August 2021
Source: www.bbc.co.uk
Article by Jonathan Lewis – Victim status under the Human Rights Act 1998 – Henderson Chambers
‘Reprieve, a legal action non-governmental organisation, and two MPs judicially reviewed the Prime Minister’s decision not to hold a public inquiry into the alleged complicity of British state agents in the unlawful rendition, detention, and mistreatment of individuals by other states in the years following the attack on New York in September 2001. The Court of Appeal held that the claimants were not victims within the meaning of the Human Rights Act 1998 (HRA 1998) and that Article 6(1) of the European Convention on Human Rights (ECHR) therefore did not apply to the claim. It further decided that the claimants were not entitled to disclosure in accordance with the standard set in SSHD v AF (No 3). Written by Jonathan Lewis, barrister at Henderson Chambers.’
Henderson Chambers, 3rd August 2021
Source: www.hendersonchambers.co.uk
“A question of liability” – Sir Robert Akenhead and David Johnson for Building Magazine – Atkin Chambers
‘The recent decision in Mott vs Trant suggests the courts are unwilling to overrule clauses that exclude or limit liability, writes Sir Robert Akenhead, with assistance from David Johnson.’
Atkin Chambers, 4th August 2021
Source: www.atkinchambers.com
Churchyard access and prescriptive right of way: Hughes – Law & Religion UK
‘In Hughes v Incumbent of the benefice of Frampton-on-Severn, Arlingham, Saul, Fretherne & Framilode [2021] UKUT 184 (LC), the incumbent of St James’s Saul, one of the churches in the Severnside group of parishes in Gloucestershire, applied to HM Land Registry in 2018 for a vehicular right of way for the benefit of the church over land belonging to the neighbouring property, a former school site next to the church. It was claimed that the track had been used by successive incumbents and their visitors – visiting clergy, people tending graves, and the funeral director – for more than twenty years for access to the grass where vehicles parked to gain access to the churchyard and church [7]. The neighbouring owners, Mr and Mrs Hughes (who had bought the property from the previous owners, Mr and Mrs West), objected, the matter was referred to the First Tier Tribunal pursuant to s.73(7) Land Registration Act 2002, and the FTT directed the registrar to register the easement [1]. Mr and Mrs Hughes appealed.’
Law & Religion UK, 10th August 2021
Source: lawandreligionuk.com
Black lawyers most likely to say racial injustice has held back careers – Legal Futures
‘Black lawyers are much more likely than Asian colleagues to say that racial injustice has held them back in their careers, a survey has found.’
Legal Futures, 10th August 2021
Source: www.legalfutures.co.uk
Judge warns parties to expect sanctions for incorrect e-bundles – Legal Future
‘Judges’ patience with parties that fail to prepare electronic bundles with consistent page numbering is over and they can expect sanctions, the High Court has warned.’
Legal Futures, 10th August 2021
Source: www.legalfutures.co.uk
Consult on damages for crime victims with convictions, court tells government – BBC News
‘The public should be consulted on whether crime victims should be barred from getting compensation if they have an unspent conviction, judges say.’
BBC News, 9th August 2021
Source: www.bbc.co.uk
The police bill is not about law and order – it’s about state control – The Guardian
‘Tucked away in the government’s 300-page police, crime, sentencing and courts bill, are various clauses which will have serious implications for the right to protest. The bill seeks to quietly criminalise “serious annoyance”, increase police powers to restrict protests, and give the home secretary discretion over what types of protests are allowed.’
The Guardian, 9th August 2021
Source: www.theguardian.com
Research Briefing: Police powers: detention and custody – House of Commons Library
‘This Commons Library briefing paper describes police detention powers and outlines a recent history of their reform. It also describes the police custody estate.’
House of Commons Library, 3rd August 2021
Source: commonslibrary.parliament.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Baines & Anor v Dixon Coles & Gill (A firm) & Ors [2021] EWCA Civ 1211 (06 August 2021)
Awards Drinks Ltd v Revenue And Customs [2021] EWCA Civ 1235 (06 August 2021)
High Court (Administrative Court)
High Court (Commercial Court)
Ross Leasing Ltd & Ors v Nile Air [2021] EWHC 2201 (Comm) (06 August 2021)
High Court (Patents Court
Abbott Laboratories Ltd v Dexcom Incorporated [2021] EWHC 2246 (Pat) (06 August 2021)
Source: www.bailii.org
Unfair dismissal and religion again: Ferguson v Kintail Trustees – Law & Religion UK
‘In Mr K Ferguson v Kintail Trustees Ltd & Anor [2021] ET 4103321/2020, the claimant was Director and Chief Executive of Kintail Trustees, a limited company that operates as the corporate trustee of the Robertson Trust, a charity. He was also an elder, the treasurer and a trustee of Stirling Free Church of Scotland’
Law & Religion UK, 9th August 2021
Source: lawandreligionuk.com
The Queen (o.a.o Rayner) v Leeds Magistrates Court: closure orders, legal aid reviews and adjournments – Nearly Legal
‘In this recent judicial review (2021) EWHC 1964 (Admin) H.H. Judge Gosnell addressed interesting questions around closure orders, adjournments, Article 6(1) rights, and the refusal of the Magistrates Court to state a case. He declined to grant relief because the issue had become academic, but if that had not been the case he would have found for the Claimant. Leeds City Council, the Claimant’s landlord, were an Interested Party in the JR, took a neutral position and were not represented. Leeds District Magistrates Court, the Defendant, did the same, the usual approach where a court is challenged.’
Nearly Legal, 8th August 2021
Source: nearlylegal.co.uk
No power to accept late review request – Nearly Legal
‘Kalonga, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 2174 (Admin). While Croydon v Kalonga on terminating flexible tenancies during the fixed term is to be heard by the Supreme Court (our report on the Court of Appeal here), Ms Kalonga’s fixed term has come to an end and Croydon had served the requisite s.107D(3) notice stating their intention not to grant a further term. This was the circumstance that gave rise to this decision on preliminary issues in a judicial review.’
Nearly Legal, 8th August 2021
Source: nearlylegal.co.uk
Supreme Court clarifies when tax follower notice can be issued – OUT-LAW.com
‘The UK Supreme Court has upheld the quashing of a “follower notice” that would have required a taxpayer to settle his tax dispute on the basis of a ruling in a different tax case, or to face a large penalty if his dispute was ultimately unsuccessful.’
OUT-LAW.com, 6th August 2021
Source: www.pinsentmasons.com
Employer reasonable adjustment requirements highlighted in pay dispute – OUT-LAW.com
‘A recent ruling by the Employment Appeal Tribunal (EAT) provides useful guidance for employers about their obligations to make ‘reasonable adjustments’ to pay to account for employee disability, an employment law expert has said.’
OUT-LAW.com, 6th August 2021
Source: www.pinsentmasons.com
Dental Negligence, Vicarious Liability and Non-Delegable Duty: A Test Case – UK Human Rights Blog
‘In Hughes v Rattan [2021] EWHC 2032 (QB), the High Court was asked to answer the following question. Was the owner of a dental practice liable for the dental negligence of a self-employed dentist engaged to work in the practice? The claim arose from NHS care provided by three different associate dentists. The preliminary issue was whether the practice owner was liable by reason of: a) a non-delegable duty of care; or b) vicarious liability. The Court answered: “yes” and “yes”.’
UK Human Rights Blog, 6th August 2021
Source: ukhumanrightsblog.com
