Military mettle – Law Society’s Gazette
‘ “Warfare no longer looks like a tank driving over a battlefield,” says the head of Army Legal Services. These days lawyers are on the frontline – in every sense.’
Law Society's Gazette, 22nd June 2020
Source: www.lawgazette.co.uk
Pain-inducing restraint in child custody must be exception – MoJ review – The Guardian
‘Pain-inducing restraint techniques should only be used on children in custody as an “absolute exception” to save life or prevent serious harm, a long-awaited review has concluded, though it has stopped short of calling for an outright ban.’
The Guardian, 19th June 2020
Source: www.theguardian.com
BAILII: Recent Decisions
High Court (Chancery Division)
Various Claimants v News Group Newspapers Ltd [2020] EWHC 1593 (Ch) (19 June 2020)
Univar UK Ltd v Smith & Ors [2020] EWHC 1596 (Ch) (19 June 2020)
High Court (Commercial Court)
High Court (Family Division)
Collen v Collen [2020] EWHC 1577 (Fam) (19 June 2020)
High Court (Queen’s Bench Division)
Winder v Director of Public Prosecutions [2020] EWHC 1600 (QB) (19 June 2020)
Balengani v Sharifpoor [2020] EWHC 1571 (QB) (19 June 2020)
Mercia Enterprises Ltd v Mistry [2020] EWHC 1597 (QB) (19 June 2020)
Source: www.bailii.org
Landlord fails in bid to vacate earlier guilty plea amid claims council was improperly motivated by prospect of confiscation windfall – Local Government Lawyer
‘A landlord has failed in a judicial review challenge after he was refused permission to vacate a guilty plea in relation to an enforcement notice, amid claims that a council was improperly motivated by an expected windfall from a confiscation order.’
Local Government Lawyer, 19th June 2020
Source: www.localgovernmentlawyer.co.uk
Virtual hearings with physical jury hubs hailed a success – Law Society’s Gazette
‘Virtual trials with physical jury hubs could be an effective way of clearing the significant Crown court backlog caused by Covid-19, academics evaluating the latest experiment from a legal thinktank have said.’
Law Society's Gazette, 19th June 2020
Source: www.lawgazette.co.uk
Machine Learning in Healthcare: Regulating Transparency – UK Human Rights Blog
‘PHG, linked with Cambridge University, provides independent advice and evaluations of biomedical and digital innovations in healthcare. PHG has recently published a series of reports exploring the interpretability of machine learning in this context. The one I will focus on in this post is the report considering the requirements of the GDPR for machine learning in healthcare and medical research by way of transparency, interpretability, or explanation. Links to the other reports are given at the end of this post.’
UK Human Rights Blog, 18th June 2020
Source: ukhumanrightsblog.com
Domestic abuse charities predict call spike post-lockdown – BBC News
‘Charities supporting victims of domestic abuse have said they expect an increase in people seeking safety as lockdown eases.’
BBC News, 19th June 2020
Source: www.bbc.co.uk
Judge declines to consider judicial review bid over inclusion of ‘informative’ in CLEUD – Local Government Lawyer
‘A High Court judge has declined to hear a judicial review application concerning the inclusion of an “informative” into a certificate of lawfulness of existing use or development (“a CLEUD”).’
Local Government Lawyer, 18th June 2020
Source: www.localgovernmentlawyer.co.uk
UK police chiefs criticised for lack of action as race panel launched – The Guardian
‘An attempt by police chiefs to grapple with racism claims by launching a panel to recommend action has been criticised by victims’ representatives and met with scepticism from within their own ranks.’
The Guardian, 18th June 2020
Source: www.theguardian.com
The Trecarrell Conundrum – Nearly Legal
‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’
Nearly Legal, 18th June 2020
Source: nearlylegal.co.uk
296 days to correct a factual inaccuracy – effective press regulation? – Transparency Project
‘296 days ago, on 27 August 2019, the Daily Express published an inaccurate article in the print edition of their paper. Today they have published a correction because the regulator IPSO required this.’
Transparency Project, 18th June 2020
Source: www.transparencyproject.org.uk
Racism and the Rule of Law – UK Human Rights Blog
‘The Black Lives Matter movement illuminates an incontrovertible chasm in the application of the rule of law in liberal democracy. The basic premise of the rule of law, which in Joseph Raz’s conception is that it should be capable of guiding behaviour, includes the necessary restriction on crime-preventing agencies from perverting the law. A society in which those tasked with upholding and applying the law – under the powers of stop-and-search and arrest – are instead themselves regular perpetrators of racist discrimination and violence, is one in which the rule of law is at best a randomised hope that is more or less likely to be realised depending on the race of the citizen in question.’
UK Human Rights Blog, June 2020
Source: ukhumanrightsblog.com
A spotlight on patent injunctions – Technology Law Update
‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’
Technology Law Update, 18th June 2020
Source: www.technology-law-blog.co.uk
BAILII: Recent Decisions
Supreme Court
ABC v Principal Reporter & Anor (Scotland) [2020] UKSC 26 (18 June 2020)
Court of Appeal (Civil Division)
Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 (18 June 2020)
High Court (Administrative Court)
Bibro v Regional Court In Tarn�w, Poland [2020] EWHC 1592 (Admin) (18 June 2020)
Ashbolt & Anor v Revenue & Customs & Anor [2020] EWHC 1588 (Admin) (18 June 2020)
High Court (Chancery Division)
Phoenix v Phoenix & Anor [2020] EWHC 1409 (Ch) (18 June 2020)
LIV Bridging Finance Ltd v EAD Solicitors LLB [2020] EWHC 1590 (Ch) (18 June 2020)
High Court (Commercial Court)
High Court (Patents Court)
Evalve Inc & Ors v Edwards Lifesciences Ltd [2020] EWHC 1524 (Pat) (18 June 2020)
High Court (Technology and Construction Court)
Essex County Council v UBB Waste (Essex) Ltd [2020] EWHC 1581 (TCC) (18 June 2020)
Source: www.bailii.org
YouTuber jailed for Birmingham hospital bomb threat – BBC News
‘A YouTuber who filmed himself phoning a “truly despicable” bomb threat to a hospital dealing with Covid-19 patients has been jailed for 12 weeks.’
BBC News, 18th June 2020
Source: www.bbc.co.uk
Home Office to face legal challenge over ‘digital hostile environment’ – The Guardian
‘Immigrants’ rights campaigners are to bring the first court case of its kind in British legal history in an attempt to turn off what they claim is a decision-making algorithm that creates a “hostile environment” for people applying for UK visas online.’
The Guardian, 18th June 2020
Source: www.theguardian.com
Divorce bill reaches final stretch of parliamentary marathon – Law Society’s Gazette
‘Proposed legislation removing fault from the divorce process could be days from receiving Royal assent as it goes through the remaining stages of its parliamentary journey today [17 June].’
Law Society's Gazette, 17th June 2020
Source: www.lawgazette.co.uk