• § 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.
  • § 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.
  • § 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.
  • § 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.
  • § 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. 

  • § LAW NEWS 6 JUNE 2023
    In DOWNLOADS.
  • § 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).
  • § 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.
  • § 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.
  • § 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.
  • § PUBLIC ORDER ACT 2023 - ARTICLES
    Worth a look in the context of Articles 10 and 11 European Convention on Human Rights; Balancing Conflicting Interests and Influences on Parliament. In DOWNLOADS at Public Order Act 2023 - Articles.
  • § TABS ERROR NOW REMEDIED

    The Cases, Statutes, Articles and Charts are now functioning correctly.

  • § INQUESTS - HUMAN RIGHTS - ARTICLE 2 EUROPEAN CONVENTION ON HUMAN RIGHTS - OPERATIONAL DUTY
    DOVE v HM ASSISTANT CORONER [2023] EWCA Civ 289. Full and edited judgment in DOWNLOADS.
  • § LAW AND RELIGION - HUMAN RIGHTS - ARTICLES 9 AND 14 EUROPEAN CONVENTION ON HUMAN RIGHTS
    GULSHAN v LORD CHANCELLOR [2023] EWCA Civ 306. Full and edited judgment in DOWNLOADS.
  • § LAW NEWS 30 APRIL 2023
    In DOWNLOADS.
  • § TORT - VICARIOUS LIABILITY
    BARRY CONGREGATION OF JEHOVAH’S WITNESSES v BXB [2023] UKSC 15.

    Full and edited judgment in DOWNLOADS.

    NOTE This is a leading case.
  • § SENTENCING - DETERMINATE SENTENCES - TERRORISTS - COUNTER-TERRORISM AND SENTENCING ACT 2021 - HUMAN RIGHTS - ARTICLES 5 AND 7
    MORGAN v MINISTRY OF JUSTICE [2023] UKSC 14. Full and edited judgment in DOWNLOADS.
  • § SENTENCING - DETERRENT - S.57(2)(b) SENTENCING ACT 2020 - PROTEST - PROPORTIONALITY - PUBLIC NUISANCE - S.78 POLICE, CRIME, SENTENCING AND COURTS ACT 2022
    R v TROWLAND AND DECKER [2003] Cr Ct. Full and edited judgment in DOWNLOADS.
  • § SUPREME COURT - FUTURE JUDGMENTS - 26 APRIL - TORT - VICARIOUS LIABILITY - BARRY CONGREGATION OF JEHOVAH’S WITNESSES v BXB

  • § TORT - NUISANCE - KNOTWEED - ENCROACHMENT - CONSEQUENTIAL RESIDUAL DIMINUTION IN VALUE OF LAND
    DAVIES v BRIDGEND COUNTY BOROUGH COUNCIL [2023] EWCA Civ 80. Full and edited judgment in DOWNLOADS.