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§ UPDATEThe 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
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§ TORT - NEGLIGENCE - DUTY OF CARE - MEDICAL PROFESSION - BOLAM - MONTGOMERYMcCULLOCH v FORTH VALLEY HEALTH BOARD [2023] UKSC 26. Full and edited judgment, together with commentary, inPosted: 14th July 2023 7:04 pm
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§ Henry VIII Powers in Three ActsThe 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
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§ PROTEST - S.14 PUBLIC ORDER ACT 1986 - ARTICLES 10 AND 11 EUROPEAN CONVENTION ON HUMAN RIGHTS - PROPORTIONALITYDPP v EASTBURN [2023] EWHC 1063. Full and edited judgment, together with commentary, inPosted: 19th June 2023 2:06 pm
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§ 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.
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§ LAW NEWS 6 JUNE 2023InPosted: 6th June 2023 7:56 am
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§ POLICE - GENERAL DATA PROTECTION REGULATIONS - MISUSE OF PRIVATE INFORMATION - BREACH OF CONFIDENCE - ARTICLE 8 EUROPEAN CONVENTION ON HUMAN RIGHTSALI 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
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§ LEGAL SYSTEM - LEGISLATION - STATUTORY INTERPRETATION - RULES AND AIDS OF CONSTRUCTION - NOSCITUR A SOCIIS RULEHMRC v SSE GENERATION [2023] UKSC 17. Full and edited judgment inPosted: 22nd May 2023 6:52 pm
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§ TORT - NEGLIGENCE - DUTY OF CARE - POLICE - ASSUMPTION OF RESPONSIBILITYWOODCOCK v CHIEF CONSTABLE OF NORTHAMPTONSHIRE POLICE [2023] EWHC 1062. Full and edited judgment inPosted: 21st May 2023 6:36 pm
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§ MISUSE OF PRIVATE INFORMATION - ARTICLE 8 EUROPEAN CONVENTION ON HUMAN RIGHTS - PHOTOGRAPHS - PUBLIC PLACESSTOUTE v NGN [2023] EWHC 232. Full and edited judgment inPosted: 21st May 2023 11:56 am
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§ PUBLIC ORDER ACT 2023 - ARTICLESDOWNLOADS at 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. InPosted: 15th May 2023 9:07 am
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§ TABS ERROR NOW REMEDIED
The Cases, Statutes, Articles and Charts are now functioning correctly.
Posted: 10th May 2023 6:48 pm -
§ INQUESTS - HUMAN RIGHTS - ARTICLE 2 EUROPEAN CONVENTION ON HUMAN RIGHTS - OPERATIONAL DUTYDOVE v HM ASSISTANT CORONER [2023] EWCA Civ 289. Full and edited judgment inPosted: 8th May 2023 7:03 pm
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§ LAW AND RELIGION - HUMAN RIGHTS - ARTICLES 9 AND 14 EUROPEAN CONVENTION ON HUMAN RIGHTSGULSHAN v LORD CHANCELLOR [2023] EWCA Civ 306. Full and edited judgment inPosted: 8th May 2023 2:04 pm
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§ LAW NEWS 30 APRIL 2023InPosted: 2nd May 2023 8:42 am
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§ TORT - VICARIOUS LIABILITYBARRY CONGREGATION OF JEHOVAH’S WITNESSES v BXB [2023] UKSC 15.Full and edited judgment in DOWNLOADS.NOTE This is a leading case.Posted: 27th April 2023 1:22 pm
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§ SENTENCING - DETERMINATE SENTENCES - TERRORISTS - COUNTER-TERRORISM AND SENTENCING ACT 2021 - HUMAN RIGHTS - ARTICLES 5 AND 7MORGAN v MINISTRY OF JUSTICE [2023] UKSC 14. Full and edited judgment inPosted: 25th April 2023 7:45 am
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§ SENTENCING - DETERRENT - S.57(2)(b) SENTENCING ACT 2020 - PROTEST - PROPORTIONALITY - PUBLIC NUISANCE - S.78 POLICE, CRIME, SENTENCING AND COURTS ACT 2022R v TROWLAND AND DECKER [2003] Cr Ct. Full and edited judgment inPosted: 23rd April 2023 2:32 pm
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§ SUPREME COURT - FUTURE JUDGMENTS - 26 APRIL - TORT - VICARIOUS LIABILITY - BARRY CONGREGATION OF JEHOVAH’S WITNESSES v BXBPosted: 20th April 2023 12:34 pm
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§ TORT - NUISANCE - KNOTWEED - ENCROACHMENT - CONSEQUENTIAL RESIDUAL DIMINUTION IN VALUE OF LANDDAVIES v BRIDGEND COUNTY BOROUGH COUNCIL [2023] EWCA Civ 80. Full and edited judgment inPosted: 18th April 2023 6:41 pm