• § CIVIL LITIGATION - ALTERNATIVE DISPUTE RESOLUTION - HALSEY REVIEWED - ARTICLE 6 EUROPEAN CONVENTION ON HUMAN RIGHTS
    CHURCHILL v MERTHYR TYDFIL COUNCIL [2023] EWCA Civ 1416.

    Full and edited judgment, together with commentary, in DOWNLOADS.

    NOTE This is an important judgment.
    Posted: 30th November 2023 6:52 pm
  • § HUMAN RIGHTS - ARTICLE 11(1) - RIGHT TO JOIN TRADE UNIONS - S. 296 TRADE UNION AND LABOUR RELATIONS (CONSOLIDATION) ACT 1992 - S.3 HUMAN RIGHTS ACT 1998
    INDEPENDENT WORKERS UNION OF GREAT BRITAIN v CENTRAL ARBITRATION COMMITTEE [2023] UKSC 43.

    Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 27th November 2023 6:43 pm
  • § THE PROFESSIONS - REGULATION - ARTICLE 10 EUROPEAN CONVENTION ON HUMAN RIGHTS
    ADIL v GENERAL MEDICAL COUNCIL [2023] EWCA Civ 1261. Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 22nd November 2023 9:10 am
  • § LAW NEWS 20 NOVEMBER 2023
    In DOWNLOADS.
    Posted: 20th November 2023 8:17 am
  • § SENTENCING - APPEAL - DEFENDANT CARERS - DEPENDENTS'' HUMAN RIGHTS - ARTICLE 8 EUROPEAN CONVENTION ON HUMAN RIGHTS
    R v FOSTER [2023] EWCA Crim 1196. Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 15th November 2023 10:43 am
  • § CRIMINAL APPEALS - COURT OF APPEAL - RETRIAL - PROCEDURE - S.8 CRIMINAL APPEAL ACT 1968 - STATUTORY INTERPRETATION - STARE DECISIS
    R v LAYDEN [2023] EWCA Crim 1207. Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 3rd November 2023 9:57 am
  • § LAW NEWS 9 OCTOBER 2023
    In DOWNLOADS.
    Posted: 9th October 2023 8:50 am
  • § PROTECTION FROM SEX-BASED HARASSMENT IN PUBLIC ACT 2023
    Amends the Public Order Act 1986 which is in DOWNLOADS.
    Posted: 2nd October 2023 1:25 pm
  • § COURT OF PROTECTION - TRANSPARENCY ORDER - ARTICLES 8 & 10 EUROPEAN CONVENTION ON HUMAN RIGHTS
    UNIVERSITY HOSPITALS BIRMINGHAM v THIRUMALESH [2023] EWCOP 43. Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 1st October 2023 6:46 pm
  • § TORT - VICARIOUS LIABILITY - AKIN TO EMPLOYMENT - CLOSE CONNECTION
    MXX v A SECONDARY SCHOOL [2023] EWCA Civ 996. Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 25th September 2023 5:45 pm
  • § UPDATE
    The elawstudent. resource is now updated and represents the law in England & Wales as at 1 September 2023.

    The the updated Notes are available (in zip files) in DOWNLOADS.
    Posted: 3rd September 2023 2:15 pm
  • § TORT - NEGLIGENCE - DUTY OF CARE - MEDICAL PROFESSION - BOLAM - MONTGOMERY
    McCULLOCH v FORTH VALLEY HEALTH BOARD [2023] UKSC 26. Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 14th July 2023 7:04 pm
  • § Henry VIII Powers in Three Acts
    The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 considered. In DOWNLOADS.

    This is probably the last notice for this academic year as we are now embarking on the annual update.
    Posted: 23rd June 2023 1:20 pm
  • § PROTEST - S.14 PUBLIC ORDER ACT 1986 - ARTICLES 10 AND 11 EUROPEAN CONVENTION ON HUMAN RIGHTS - PROPORTIONALITY
    DPP v EASTBURN [2023] EWHC 1063. Full and edited judgment, together with commentary, in DOWNLOADS.
    Posted: 19th June 2023 2:06 pm
  • § THE PUBLIC ORDER ACT 1986 (SERIOUS DISRUPTION TO THE LIFE OF THE COMMUNITY) REGULATIONS 2023

    The Regulations are in force today. They make amendments to sections 12 and 14 Public Order Act 1986 (updated in DOWNLOADS) and are aimed in particular at the slow-walk activities of protest groups such Just Stop Oil.

    A commentary on the effect of the Regulations, especially their constitutional significance, will be posted in the next few days. 

    Posted: 15th June 2023 9:42 am
  • § LAW NEWS 6 JUNE 2023
    In DOWNLOADS.
    Posted: 6th June 2023 7:56 am
  • § POLICE - GENERAL DATA PROTECTION REGULATIONS - MISUSE OF PRIVATE INFORMATION - BREACH OF CONFIDENCE - ARTICLE 8 EUROPEAN CONVENTION ON HUMAN RIGHTS
    ALI v CHIEF CONSTABLE OF BEDFORDSHIRE [2023] EWHC 938. Full and edited judgment in DOWNLOADS.

    NOTE The judgment is a first rate example of the use of human rights law to sidestep what would ordinarily not be tortious at common law. Here, liability succeeded on each of the above heads - but would not have done so in negligence due to a novus actus interveniens (a new intervening act).

    Moreover, on the same facts, in 2022 the claimant had failed alleging vicarious liability on the part of a local authority (Ali v Luton Borough Council [2022] EWHC 132 - in the Library).
    Posted: 25th May 2023 7:10 pm
  • § LEGAL SYSTEM - LEGISLATION - STATUTORY INTERPRETATION - RULES AND AIDS OF CONSTRUCTION - NOSCITUR A SOCIIS RULE
    HMRC v SSE GENERATION [2023] UKSC 17. Full and edited judgment in DOWNLOADS.
    Posted: 22nd May 2023 6:52 pm
  • § TORT - NEGLIGENCE - DUTY OF CARE - POLICE - ASSUMPTION OF RESPONSIBILITY
    WOODCOCK v CHIEF CONSTABLE OF NORTHAMPTONSHIRE POLICE [2023] EWHC 1062. Full and edited judgment in DOWNLOADS.
    Posted: 21st May 2023 6:36 pm
  • § MISUSE OF PRIVATE INFORMATION - ARTICLE 8 EUROPEAN CONVENTION ON HUMAN RIGHTS - PHOTOGRAPHS - PUBLIC PLACES
    STOUTE v NGN [2023] EWHC 232. Full and edited judgment in DOWNLOADS.
    Posted: 21st May 2023 11:56 am