591 results
11 Feb 2021 09:48
Faiz V Burnley BCThe Court of Appeal has handed down a useful guide on waiver in leases in its judgment in Faiz v Burnley BC [2021] EWCA Civ 55. Philip Byrne acted for the appellants and has provided a case law update which can be accessed here. David Berkley QC acted for the respondent. The judgment is available more...
9 Feb 2021 17:08
Defendants no longer required to state nationality at the start of criminal casesOn 8 February 2020, small but significant changes were made to the Part 3 (Case Management) of the Criminal Procedure Rules and Practice Directions 2020 (“CrimPR”). These changes remove the requirement that defendants in criminal trials provide their nationality to the court at preliminary hearings more...
9 Feb 2021 17:05
Is harassment a crime if the harasser has no idea they are harassing?Guest post by Andrew Duncan Until 2017 when my 35-year-old autistic son stood trial for harassment, I was complacently innocent of the criminal justice system (CJS) and its workings, especially on people with mental health problems including autism. Like too many educated middle class folk I thought more...
9 Feb 2021 11:23
Another Hurdle for Nervous Shock ClaimsBy David Knifton QC Introduction Claimants who suffer a recognised psychiatric illness as a result of the defendant’s negligence may recover damages in 2 scenarios. If the claimant’s injury resulted from the trauma of himself being endangered or physically injured, he may recover as a “primary more...
8 Feb 2021 11:19
Child’s Play: Gul v Mcdonagh ((2021) Ewhc 97)For anybody grappling with the often tricky question of whether to concede some finding of contributory negligence in a case involving a child and, if so, what, the case of Gul is worth a look. It is not only the circumstances of the claim that are interesting but also the fact that the judge, HHJ more...
8 Feb 2021 11:14
Tactical Management: Taking charge for claimantsOver many years as a claimant-only advocate, I’ve held the firm view that lawyers who represent severely injured claimants should understand that it is important for them, for the litigation process, and for the individual claimant, to be in charge of the recovery, rehabilitation and litigation. more...
4 Feb 2021 11:08
Practice Direction 57AC: A welcomed or worrying addition to the CPR?By Giles Maynard-Connor and Jodie Wildridge INTRODUCTION The new Practice Direction 57AC (‘PD 57AC’)[1], settled on 22 January 2021 and published on the Judiciary UK website on 1 February 2021, relates to witness evidence in trials and explicitly applies only to the Business and Property Courts.[2] more...
4 Feb 2021 11:04
“A case of judicial intervention in public procurement” – Sir Robert Akenhead and David Johnson for Building MagazineSir Robert Akenhead, with assistance from David Johnson, examines a recent ruling that helps identify the limits to the court’s readiness to intervene in public procurement processes. Originally published in Building on 21 January 2021 Those familiar with public procurement will be accustomed to the more...
3 Feb 2021 14:39
Enhanced access to workplaces for professional court usersCamilla Lees, Project Manager for the Professional Users’ Access Scheme provides an update on the scheme and how it’s supporting recovery efforts in our courts and tribunals. Last year presented personal and professional challenges for most of us. In the workplace, those working in courts and more...
3 Feb 2021 14:34
'Unlawful killing' as a narrative conclusion that names the perpetratorIn the matter of an Inquest into the death of Patrick McElhone [2021] NICoroner 1 (here) The coronial world is still coming to terms with the impact of the Supreme Court decision in Maughan and what it will actually means for inquests in practice. Even following the additional guidance from the more...
3 Feb 2021 14:31
General Warrants to Hack Computers Unlawful: Privacy International v IPTIn Privacy International v Investigatory Powers Tribunal, the Divisional Court held that s.5 Intelligence Services Act 1994 does not permit the government to issue general warrants to engage in computer network exploitation (“CNE”) – more commonly known as computer hacking. The court also offered more...
3 Feb 2021 14:26
Salford CC V W Others (Religion and declaration of looked after status)[2021] EWHC 61 (Fam)Lorraine Cavanagh QC led Niamh Ross in this application for a prohibited steps order to prevent the prospective special guardians from allowing the children to receive the sacraments of the Roman Catholic faith until they were 16 years old. Pauline McHugh provided written submissions which provided more...
1 Feb 2021 11:51
Preserving Full Credit for a Guilty PleaFor defendants who plead guilty to offences in the magistrates’ and Crown Court, a long established principle allows a reduction in the sentence that would normally be imposed. The sentencer must take into account the stage in the proceedings at which the offender indicated his intention to plead more...
Upper Tribunal (IAC) Reported Decisions: November 2020
New Video - Upper Tribunal (IAC) Reported Decisions: November 2020 In this series I summarise the reported decisions of the Upper Tribunal Immigration and Asylum Chamber for 2020 tackling them a month at a time. In this video I look at the reported decisions for November 2020 covering Country more...
28 Jan 2021 14:37
Radicalisation and retention: how long can the police hold data about a person allegedly vulnerable to radicalisation?If concerns are raised that a person might be vulnerable to radicalisation, how long can a police force hold data about that person? This was the question facing the High Court in the case of R (II) v Commissioner of Police for the Metropolis [2020] EWHC 2528 (Admin), which held that the police's more...
27 Jan 2021 14:33
Top tips when making a s.13 application for a fresh inquestIn the matter of the Inquest into the death of Michael Richard Vaughan [2020] EWHC 3670 (Admin) 16.12.20 Sometimes within the simplest of cases lies a wealth of useful reminders and lessons for everyone. This superficially uncomplicated and uncontested application under s.13 Coroners Act 1988 is a more...
Deportation, Very Significant Obstacles and Exile
New Video: Deportation, Very Significant Obstacles and Exile In this Immigration Law Update video I consider the Court of Appeal decision in Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021) in which the Court of Appeal restored the decision of the FTT more...
25 Jan 2021 10:25
How is the criminal justice system stacked against black boys?When I discuss ethnic disproportionality in child prisons – pointing out that over half the children in custody are from BAME communities – people sometimes respond “but that must be because BAME children are accused and convicted of more serious crimes”. Or “but BAME children live in poor more...
21 Jan 2021 12:30
Assange cannot be extradited, but free speech arguments dismissed — an extended lookIn The Government of the United States v Julian Assange (2021), the District Judge sitting at Westminster Magistrates’ Court discharged the American extradition request against the founder of WikiLeaks because there is a substantial risk that he would commit suicide. Given Julian Assange’s political more...
21 Jan 2021 09:59
Keeping court custody suites safeWorking together As the country continues to grapple with the challenges brought by COVID-19 and the latest national restrictions, we wanted to thank everyone involved in keeping the wheels of the criminal justice system turning. It has been imperative that they have continued to do so; for the sake more...
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