‘The Supreme Court recently dismissed two appeals concerning the role and rights of siblings in children’s hearings in Scotland. It held that the provisions of the Children’s Hearings (Scotland) Act 2011 in question were compatible with article 8 of the European Convention on Human Rights.’
UK Human Rights Blog, 6th July 2020
Source: ukhumanrightsblog.com
‘In this case preview, Neil Beighton, Simon Kilgour, Diane Jerry and Sarah Day, who all work within the CMS Insurance and Reinsurance Group, discuss the appeal due to be heard this week by the UK Supreme Court in this matter of Equitas Insurance Ltd v Municipal Mutual Insurance Ltd.’
UKSC Blog, 6th July 2020
Source: ukscblog.com
‘The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a previously secret national security policy of the UK Government. The policy authorises agents of the Security Service (MI5) to engage in criminal activity, which the claimants allege include the carrying out of torture and murder. Hearings on the case were held in November last year in the Investigatory Powers Tribunal (IPT), a specialist tribunal which adjudicates complaints on state surveillance and the conduct of the Security Services (MI5, MI6 and GCHQ). The IPT produced a judgment remarkably quickly, published in December.’
UK Constitutional Law Association, 7th July 2020
Source: ukconstitutionallaw.org
‘The High Court is this month due to hold hearings in relation to two high-profile injunctions against unauthorised encampments.’
Local Government Lawyer, 6th July 2020
Source: www.localgovernmentlawyer.co.uk
‘In Secretary of State for Work and Pensions v Johnson & Ors [2020] EWCA Civ 778, the England & Wales Court of Appeal took the uncommon step of holding an executive decision unlawful for Wednesbury irrationality. Johnson highlights that irrationality is not merely a desperate ground of last resort for judicial review applicants. The case is also an important illustration of how substantive review may be relied upon by those affected by the digitisation of welfare.’
Oxford Human Rights Hub, 30th June 2020
Source: ohrh.law.ox.ac.uk
‘A case that shows how the committal procedure works is Centek Holdings Ltd. and others v Giles EWHC 1682 (Ch) (26 June 2020). For over 17 years Mr Trustram Files has been the claimant companies’ product development manager. In August 2019 Mr Giles left the claimants to take up a job in Malaysia. He took with him what was described as “very substantial amounts of confidential and proprietary material” belonging to his employer. His bosses suspected what he was doing and contained an order (“the Order”) from Mr Jystice Norris “not to use, access or distribute Centek Material (paragraph 2 of the Order), abide by specific restrictive covenants (paragraph 3 of the Order), disclose and preserve Centek Material and the “Devices” and “Accounts” on which it was kept (paragraphs 4 and 5(a)-(b) of the Order), preserve disclosable documents (paragraph 5(f) of the Order) and facilitate the imaging of such Devices and Accounts by “Independent Experts” (paragraph 6 of the Order).”‘
NIPC Law, 7th July 2020
Source: nipclaw.blogspot.com
‘Automation in the legal profession will most probably be “a decades-long process” but artificial intelligence (AI) is redefining what it means to be a ‘great’ lawyer.’
Legal Futures, 6th July 2020
Source: www.legalfutures.co.uk
‘The Chancellor of the High Court has said “the one thing” he really wants to come out of the coronavirus crisis is “blue sky thinking” about how to improve commercial dispute resolution.’
Litigation Futures, 7th July 2020
Source: www.litigationfutures.com
‘There is no doubt that contentious probate work is growing. We do not like paying more than a couple of hundred pounds for a will, but then are seemingly happy to spend thousands taking our relatives to court, and the two do not sit happily together.’
Legal Futures, 6th July 2020
Source: www.legalfutures.co.uk
‘A fraudster who cheated women he had asked to marry him out of tens of thousands of pounds has been jailed for 10 years.’
BBC News, 6th July 2020
Source: www.bbc.co.uk
‘The mother of a man shot dead by police has vowed to get justice for her son as the court of appeal is to hear a challenge to police use of force.’
The Guardian, 7th July 2020
Source: www.theguardian.com
‘In the judgment today in Dolan & Ors v Secretary of State for Health And Social Care & Anor[2020] EWHC 1786 (Admin) Mr Justice Lewis refused permission to seek a judicial review of the Regulations made as a result of coronavirus. One specific issue has been deferred for later consideration.’
Coronavirus: Guidance for Lawyers and Businesses, 6th July 2020
‘Help should be available to all domestic abuse survivors, no matter their immigration status, campaigners have said.’
BBC News, 6th July 2020
Source: www.bbc.co.uk
‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’
The Guardian, 6th July 2020
Source: www.theguardian.com
‘In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn.’
UK Human Rights Blog, 6th July 2020
Source: ukhumanrightsblog.com
‘By any measure the breadth and depth of substantive judicial review of administrative action have increased remarkably in recent decades. It is interesting to ask why this has happened. In a typically interesting and trenchant contribution, my friend Jason Varuhas attributes recent changes to judicial review procedure to a substantive turn to rights review and systemic review.’
UK Constitutional Law Association, 6th July 2020
Source: ukconstitutionallaw.org
‘The recent case of Ameyaw v McGoldrick [2020] EWHC 1741 (QB) offers a cautionary tale about McKenzie Friends and what they can and can’t do for you in court. In this case the judge, Mrs Justice Steyn, refused to allow the MF to make oral submissions on behalf of the claimant, saying the claimant was a well-educated intelligent woman who had extensive experience of litigation, and was perfectly capable of speaking for herself.’
Transparency Project, 5th July 2020
Source: www.transparencyproject.org.uk
‘The Chief Constable of West Midlands Police has successfully challenged a misconduct hearing panel’s decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer: R (Chief Constable of West Midlands Police) v Panel Chair, Police Misconduct Panel [2020] EWHC 1400 (Admin). The decision confirms that the High Court will be prepared to intervene where panels fail to follow the College of Policing’s Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously.’
UK Police Law Blog, 3rd July 2020
Source: ukpolicelawblog.com
‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’
Nearly Legal, 4th July 2020
Source: nearlylegal.co.uk
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