‘I was told women couldn’t survive as barristers’ – BBC News
‘Two senior judges have spoken about the challenges they have faced in the justice system.’
BBC News, 4th November 2019
Source: www.bbc.co.uk
How do youth courts in England and Wales function? – The Guardian
‘There are differences in how children are prosecuted, who hears cases and punishments.’
The Guardian, 3rd November 2019
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
- Kearney v Hampshire Police [2019] EWCA Civ 1841 (31 October 2019)
- S (A Child: Adequacy of Reasoning), Re [2019] EWCA Civ 1845 (31 October 2019)
- Simawi v London Borough of Haringey [2019] EWCA Civ 1770 (31 October 2019)
Court of Appeal (Criminal Division)
High Court (Chancery Division)
- The Secretary of State for Business, Energy And Industrial Strategy v Eagling [2019] EWHC 2806 (Ch) (01 November 2019)
- Bentley 1962 Ltd & Anor v Bentley Motors Ltd [2019] EWHC 2925 (Ch) (01 November 2019)
- Warner Music UK Ltd & Ors v Tunein Inc [2019] EWHC 2923 (Ch) (01 November 2019)
High Court (Queen’s Bench Division)
Source: www.bailii.org
Domestic Abuse Bill Falls Ahead Of General Election – Rights Info
‘A landmark bill seeking to “transform” the UK’s response to the “terrible crime” of domestic abuse has fallen as Parliament prepares to dissolve ahead of the snap general election on 12 December.’
Rights Info, 1st November 2019
Source: rightsinfo.org
Social care support and persons subject to immigration control – Local Government Lawyer
‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’
Local Government Lawyer, 1st November 2019
Source: www.localgovernmentlawyer.co.uk
5G – a new problem for consistory courts? – Law & Religion UK
‘On 12 October, The Times carried the headline Councils block 5G as scare stories spread, and commented “[c]onspiracy theorists spreading health scares about the 5G mobile network are pressuring local authorities to ban the technology from their towns. A number of Councils including Totnes in Devon, Glastonbury, Frome and Shepton Mallet, have imposed a ban on 5G installations, until they were satisfied that it was safe”. The issue is yet to be raised in the consistory courts, but in view of the Church of England’s recent encouragement for the introduction of this technology in churches, this is a timely point at which to consider the issues this raises.’
Law & Religion UK, 1st November 2019
Source: www.lawandreligionuk.com
Court rejects debtor’s challenge to the validity of assignment of debt (Nicoll v Promontoria (Ram 2) Ltd) – Littleton Chambers
‘Restructuring & Insolvency analysis: James Bickford Smith, barrister at Littleton Chambers, examines the High Court’s decision in Nicoll v Promontoria (Ram 2) Ltd that the appellant debtor’s challenge to the validity of an assignment of his debt to the respondent should not have been entertained by the judge below because although the appellant had sought to put the effectiveness of the assignment in issue in his first witness statement, the point that he took was entirely different from that which he took before the judge.’
Littleton Chambers, 3rd October 2019
Source: www.littletonchambers.com
EPA prosecutions and costs – Nearly Legal
‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’
Nearly Legal, 31st October 2019
Source: nearlylegal.co.uk
Family Division judge hands down ruling in care proceedings involving 49 parties – Local Government Lawyer
‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
The new SRA Standards and Regulations: Greater freedom for solicitors? – 4 New Square
‘In this article, Helen Evans and Clare Dixon of 4 New Square review whether the new principles, codes of conduct and disciplinary procedure rules wholeheartedly reflect a relaxation of the SRA’s grip, or whether competing forces are apparent. They also consider whether one of the unintended consequence of some of the liberalisation is to introduce a two-tier regulatory system for solicitors practising within regulated entities (such as firms) and those outside that structure. Finally, they reflect on the likely impact of the new rules and relaxed burden of proof on the troublesome issues of dishonesty and lack of integrity- an issue that the Divisional Court was still picking apart as recently as last week in the matter of SRA v Siaw.’
4 New Square, 21st October 2019
Source: www.4newsquare.com
Over 200 offenders on probation have been convicted of murder since Government shake-up five years ago – Daily Telegraph
‘More than 200 offenders under probation supervision have been convicted of murder since the system was overhauled in 2014 by the then Justice Secretary Chris Grayling.’
Daily Telegraph, 31st October 2019
Source: www.telegraph.co.uk
Chaotic court system threatens justice for vulnerable, say MPs – The Guardian
‘The most vulnerable in society are at risk of being excluded from access to justice due to poor digital skills, lack of legal advice, court closures and “dilapidated” courthouses, MPs have warned in a damning critique of the government’s modernisation programmes.’
The Guardian, 31st October 2019
Source: www.theguardian.com
MoJ: No change to whiplash reform timetable – Legal Futures
‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’
Legal Futures, 1st November 2019
Source: www.legalfutures.co.uk
New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog
‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’
UKSC Blog, 30th October 2019
Source: ukscblog.com
Ombudsman raps council for taking 21 months to reassess care needs of vulnerable woman – Local Government Lawyer
‘The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.’
Local Government Lawyer, 31st October 2019
Source: www.localgovernmentlawyer.co.uk
Man who partially blinded police officer with ammonia jailed for 14 years – The Independent
‘A man who partially blinded a police officer when he sprayed ammonia in his face, has been jailed for 14-and-a-half years.’
The Independent, 1st November 2019
Source: www.independent.co.uk
“No more waiting for the ink to dry” Electronic Signatures in Property Transactions – Landmark Chambers
‘On 3 September 2019, the Law Commission published its report entitled “Electronic execution of documents” (Law Com No 386). It is a report that is of interest to all lawyers, but is of particular interest to property lawyers, given the extent to which formality requirements apply in the context of property transactions.’
Landmark Chambers, 17th October 2019
Source: www.landmarkchambers.co.uk
‘How Did Liverpool Escape League Cup Expulsion?’ – Ashley Cukier on the EFL Disciplinary Panel’s Decision – Littleton Chambers
‘The English Football League (“EFL”) yesterday [3 October] announced that Liverpool FC had been found guilty of misconduct and fined £200,000 – of which £100,000 will be suspended until the end of Season 2020/21 – for having breached EFL Rules by fielding an ineligible player in their League Cup third round match against Milton Keynes Dons. The sanction has raised eyebrows in some parts: in 2016 the EFL, in an ostensibly more severe sanction, deducted 3 points from Bury FC for fielding an ineligible player and, as recently as last month, Grays Athletic FC were expelled from the FA Cup for the same offence. In the latest edition of the Littleton Sports Group’s ‘Five Things You Need to Know’ series, Ashley Cukier considers the sanction handed to Liverpool by the EFL Board.’
Littleton Chambers, 3rd October 2019
Source: www.littletonchambers.com
