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Emergency services liable where responsibility is assumed and detrimental...
Sherratt c Chief Constable of Greater Manchester Police [2018] EWHC 1746 (QB) (16 July 2018) – read judgment This was an appeal on a preliminary issue from the decision of David Berkeley QC, sitting as...
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Sir Cliff v BBC: A new era for police investigations? — Patricia Londono
Photograph: Neil Mockford/GC Images, the Guardian Sir Cliff’s case against the BBC (Sir Cliff Richard OBE v (1) The British Broadcasting Corporation (2) Chief Constable of South Yorkshire Police )...
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Round Up- Sir Cliff, stop and search, and the definition of fatherhood
Conor Monighan brings us the latest updates in human rights law In the News: Sir Cliff Richard won his privacy case against the BBC, prompting a wide-ranging debate about press freedom. Following an...
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Vicarious liability: Banking on bright lines
A bank requires its would-be recruits and some of its existing employees to undergo a medical. It sends them to the home of one particular, self-employed doctor. There, they undergo a medical...
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Nuisance by Knotweed – Jeremy Hyam QC
A radical problem determined by ‘straightforward application of established principles’? Network Rail Infrastructure v. Stephen Williams (1) Robin Waistell (2) [2018] EWCA Civ 1514 – read judgment...
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Cliff Richard and Private Investigations — Dr Richard Danbury
This article was originally published by the UK Constitutional Law Association, and can be found here. There is an old joke, in which a man is driving through the countryside, lost. He stops his car...
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Let the silicon chip decide…
In our latest podcast, Rosalind English talks to University of Pennsylvania professor of regulation Cary Coglianese and Yale researcher David Lehr about the future of rule making with machine-learning...
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New balance of probabilities test for suicide verdict – Owain Thomas QC
R (Maughan) v HM Senior Coroner Oxfordshire and others 26 July 2018 The received wisdom, supported by all leading texts on coroner’s law is that in order for a Coroner or jury to return a verdict of...
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“Same roof” rule excluding compensation for abuse is unlawful – Court of Appeal
JT v First Tier Tribunal [2018] EWCA Civ 1735 – read judgment Between 1968 and 1975 the appellant JT was repeatedly assaulted and raped by her stepfather in her family home. Many years later, her...
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No need for court order for withdrawal of nutrition in case of PVS patients –...
NHS Trust v Y (by his litigation friend, the Official Solicitor) and Others, Supreme Court 30 July 2018 – read judgment The question for the Court was a simple but important one: whether the permission...
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Kenyan “Mau Mau” claim dismissed: Fair trial not possible because of half...
Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB) read judgment Stewart J has dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring...
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The Mau Mau litigation: fear is not a personal injury
Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB) – read judgment. Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans...
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New podcast on legal milestones to Brexit
In our ongoing reposts of Professor Catherine Barnard’s series 2903 CB, Catherine discusses her reaction to the publication of the government’s White Paper, the Cabinet resignations of David Davis...
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The Intricacies of Proportionality – Katherine Barnes
R (AR) v Chief Constable of Greater Manchester Police [2018] UKSC 47 – read judgment The Supreme Court has given important guidance on the correct approach of the appellate courts to assessing...
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Bereaved mother entitled to widow allowance – Supreme Court
In the matter of an application by Siobhan McLaughlin for Judicial Review (Northern Ireland) [2018] UKSC 48- read judgment An unmarried mother has won a landmark Supreme Court case which could allow...
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The Round-Up: A Landmark Ruling for Gay Rights, Misogyny as a Hate Crime, and...
Image Credit: Guardian NAVTEJ SINGH JOHAR & ORS VS. UNION OF INDIA, THR. SECRETARY, MINISTRY OF LAW AND JUSTICE: India’s supreme court has unanimously ruled that section 377 of the penal code,...
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Litigation Privilege: rationale and scope defined — Guy Mansfield QC
The Director of the SFO v ENRC [2018] EWCA Civ 2006 – read judgment Eurasian Natural Resources Corp, the defendant to the Serious Fraud Office’s application to enforce notices seeking to compel the...
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ALBA Summer Conference 2018: A Review (Part 1)
Conor Monighan reviews the Administrative Law Bar Association (ALBA) Summer Conference 2018 This year’s ALBA conference featured an impressive list of speakers and they did not disappoint. Delegates...
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The Round Up: attempted murder, mass data collection, and what the Vote Leave...
Credit: The Guardian Conor Monighan brings us the latest updates in human rights law In the News: The CPS has said there is enough evidence to charge two Russian men with conspiracy to murder Sergei...
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“To the wisdom of the Court” — India decriminalises homosexuality
In a landmark judgment on 6 September 2018, the Supreme Court of India decriminalised homosexuality. The decision in Navtej Johar v Union of India was the culmination of years of tireless campaigning...
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