“He tried to strangle me”
Stocker v. Stocker [2019] UKSC 17 – read judgment …..the graphic opening words of today’s decision by the Supreme Court in a defamation case. The next words are equally clear and arresting: ” What...
View ArticleThe Weekly Roundup: Windrush compensation, fracking injunctions, and...
CARL COURT/AFP/Getty Images In the news This week, the Home Secretary Sajid Javid launched the Windrush Compensation Scheme. It is estimated that the total compensation will be somewhere in the...
View Article“Persons unknown” injunctions against future protest action
Introduction In Boyd & Anor v Ineos Upstream Ltd & Ors [2019] EWCA Civ 515, the Court of Appeal handed down a fascinating judgment exploring the tension between the exercise of the rights to...
View ArticleDr Bawa Garba returns to work – now it’s time for the GMC and the profession...
It was fitting but tinged with irony, that the GMC itself, in its submissions to recent the MPTS review of Dr Bawa-Garba’s suspension maintained that the ‘appropriate and proportionate sanction’ to...
View ArticleThe Round Up: WikiLeaks and a White Paper on Online Harms
In the News On Monday last week, the government published its long-awaited white paper on online harms. The paper states that the the government will establish a new statutory duty of care on these...
View ArticleBrexit: Is the UK’s ‘Constitutional Moment’ here at last?
The scene at the signing of the US Constitution Codified constitutions are most commonly adopted following a major schism with the previous order. For example, following an armed uprising such as the...
View ArticleCourt of Appeal upholds ‘acoustic shock’ and Lord Sumption’s comments on...
Conor Monighan brings us the latest updates in human rights law Credit: The Guardian In the News: Lord Sumption, the recently retired Supreme Court judge, has suggested that the law on assisted suicide...
View ArticleWhat is an “EU Citizen”?
In the 1980s the European Commission embarked upon an ambitious scheme to cultivate, on the basis of free movement, the idea of EU citizenship in higher education. Universities have long been seen as...
View ArticleRound Up 29.04.19 – Domestic courts on Easter vacation but the ECtHR keeps on…
Mourners including Irish Taoiseach Leo Varadkar, Sinn Fein leader Mary Lou McDonald, DUP leader Arlene Foster and SNP leader Ian Blackford give a standing ovation after Fr Martin Magill’s speech at...
View ArticleStraining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury...
Angus McCullough QC is a barrister at One Crown Office Row Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant...
View ArticleLaw Pod UK: Anonymity for claimants, Anonymity for doctors
In Episode 77, Emma-Louise Fenelon talks to Rajkiran Barhey about two recent decisions on anonymity, Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB)and General...
View ArticleStraining the Alphabet Soup: Part 2 — Drafting anonymity orders
Angus McCullough QC is a barrister at One Crown Office Row. Read Part 1 about Anonymity orders in Personal Injury proceedings here. In Part 1 we looked at the circumstances in which a court may be...
View ArticleThis week’s round up – Williamson fired over Huawei and the courts return...
Former Secretary of State for Defence Gavin Williamson. Credit: The Guardian. Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of...
View ArticleThe Status of Foreign Law in Chinese Courts
Usually when a court in the UK is asked to consider a question of foreign law, the contents of that law are treated as a question of fact that must be pleaded and proved by the parties, usually by...
View ArticleThe Data Protection Act v Machine Learning Algorithms
Matthew Fisher is a doctor and aspiring barrister with an interest and experience in MedTech. Josef. K the protagonist of Kafka’s novel ‘The Trial’ was an ambitious and successful banker prior to his...
View ArticleSight impaired voters and the secret of the ballot box
How can someone who suffers from severely limited sight avail herself of the process for making a mark on a paper ballot under the Representation of the People Act 1983? In R (on the application of...
View ArticleLandmark ruling for inquests and Chelsea Manning released from prison: The...
Conor Monighan brings us the latest updates in human rights law Credit: The Guardian In the News: Chelsea Manning, the ex-US intelligence analyst, was released from prison last week. Manning was found...
View ArticleLaw Pod UK – the new copyright directive
In Episode 78 we explore the implications of the EU Directive on Copyright in the Digital Single Market for the music industry. Intellectual Property lawyer Andrew Lewis considers the criticism...
View ArticleAnisminic 2.0
The Supreme Court has ruled in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 that the Investigatory Powers Tribunal’s decisions are nevertheless amenable to judicial review,...
View ArticleNo more reasonable doubt in suicide inquests
In R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire v The Chief Coroner for England Wales [2019] EWCA Civ 809, the Court of Appeal conclusively held that the standard for proof for both...
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