Ex-judge Sir Peter Gross to head human rights law review – BBC News
‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
Times pays damages to advocacy group falsely linked to Reading killer – The Guardian
‘The Times has apologised to the advocacy organisation Cage and agreed to pay it £30,000 in damages for suggesting it was supporting a man who stabbed three people to death in what police said was a terrorist rampage in a Reading park.’
The Guardian, 4th December 2020
Source: www.theguardian.com
Trump’s challenges to the US election: What would happen here? – 4-5 Gray’s Inn Square
‘In light of the recent challenges to the US presidential election, Richard Price OBE QC and Vivienne Sedgley draw comparison with the means of challenging elections in England.’
4-5 Gray's Inn Square, 2nd December 2020
Source: www.4-5.co.uk
Covid-19: ‘Do not resuscitate’ decisions complaints up – BBC News
‘Doctors may have made “do not resuscitate” decisions on a blanket basis in the first wave of the pandemic, the care watchdog has warned.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
Racing Partnerships Ltd v. Sports Information Services Ltd: Court of Appeal sheds light on economic torts of breach of confidence and unlawful means conspiracy – Littleton Chambers
‘The Court of Appeal’s recent decision in Racing Partnership Ltd & others v. Sports Information Services Ltd [2020] EWCA Civ 1300 has provided clarity on the economic tort of unlawful means conspiracy and provided much food for thought on claims for breach of confidence.’
Littleton Chambers, 1st December 2020
Source: littletonchambers.com
Changes to ACAS Early Conciliation – Cloisters
‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’
Cloisters, 1st December 2020
Source: www.cloisters.com
Highgate mental health unit death: Killer detained indefinitely – BBC News
‘A man who beat, strangled and set alight a fellow patient at a secure mental health unit in north London has been detained for an unlimited time.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
The law applicable to an arbitration agreement: Part 1 of our analysis of Enka v OOO Insurance – Hardwicke Chambers
‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’
Hardwicke Chambers, 2nd December 2020
Source: hardwicke.co.uk
Bolton v Stone Revisited – Ropewalk Chambers
‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’
Ropewalk Chambers, 30th November 2020
Source: www.ropewalk.co.uk
Child abuse carried out under guise of medical treatment, report finds – The Guardian
‘Healthcare practitioners who committed child sexual abuse commonly did so under the guise of medical treatment, which went unchallenged by other staff even when unnecessary or inappropriate because of their position of trust, research has found.’
The Guardian, 3rd December 2020
Source: www.theguardian.com
Increase guideline hourly rates by 35% pending CJC review, judge says – Litigation Futures
‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’
Litigation Futures, 3rd December 2020
Source: www.litigationfutures.com
Harry Dunn’s family can appeal against High Court ruling – BBC News
‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
Dolan’s latest lockdown defeat – UK Human Rights Blog
‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’
UK Human Rights Blog, 3rd December 2020
Source: ukhumanrightsblog.com
Alison L Young: The Draft Fixed-term Parliaments Act 2011 (Repeal) Bill: Turning Back the Clock? – UK Constitutional Law Association
‘Things were different in 2010. If schools closed and households found themselves stuck indoors, or unable to travel abroad, it was due to snowstorms and erupting Icelandic volcanoes, not because of a pandemic. Moreover, if the then Prime Minister wished to dissolve Parliament, he did not need to adhere to the requirements of the Fixed-term Parliaments Act 2011, which fixed parliamentary terms to five years, allowing for early parliamentary general elections either following a vote of two-thirds of the House of Commons in favour of an early parliamentary general election, or following a vote of no confidence. Instead, so the draft Fixed-term Parliaments Act 2011 (Repeal) Bill would have us believe, the Prime Minister could dissolve Parliament and instigate a new general election by use of a prerogative power, at a date of his choosing unchecked by the courts, subject only to ensuring Parliament did not exceed its maximum term of five years.’
UK Constitutional Law Association, 4th December 2020
Source: ukconstitutionallaw.org
East Yorkshire hospital trust pays millions over child’s brain damage – BBC News
‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
Indefinite sentences ‘the greatest single stain on justice system’ – The Guardian
‘A former supreme court justice has called for urgent action in dealing with prisoners languishing under indefinite sentences, branding the now defunct scheme “the greatest single stain on our criminal justice system”.’
The Guardian, 3rd December 2020
Source: www.theguardian.com
Intervening but overcrowded accommodation – Nearly Legal
‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’
Nearly Legal, 1st December 2020
Source: nearlylegal.co.uk
Nicholas Reed Langen: Reforming the Supreme Court – UK Constitutional Law Association
‘Fresh from inaugurating its Independent Review of Administrative Law, this government is still not finished with the judiciary, at least according to recent policy proposals leaked to the Sunday Telegraph. Downing Street has also turned its eye onto the Supreme Court and its structure and composition.’
UK Constitutional Law Association, 1st December 2020
Source: ukconstitutionallaw.org
