Weekly Notes: legal news from ICLR, 8 October 2024
We return for the new term with a catchup of legal news from the long vacation, including public order, media and communications, public inquiries, sexual assaults, legislation and case lore. Plus recent commentary.
Recent legal news
Public order
Over the summer there was widespread civil disturbance, ranging from protesting, to rioting, to looting, much of it fomented or encouraged by irresponsible or malicious social media communications misrepresenting the anonymised identity of a 17-year-old male suspect who had fatally stabbed three girls in a frenzied attack at a Taylor Swift themed dance class in Southport, Lancashire at the end of July. Shortly afterwards the suspect, having been charged with three counts of murder and ten of attempted murder in relation to the incident, as well as possession of a curved kitchen knife, was named by the Recorder of Liverpool, Judge Andrew Menary KC, sitting in Liverpool Crown Court, in a deliberate attempt to prevent further misleading speculation. As reported in The Guardian, BBC and elsewhere, Axel Muganwa Rudakubana turned out to be the Cardiff-born son of Rwandan immigrants, now living in the Lancashire village of Banks. He was due to turn 18 in a few days anyway, whereupon his anonymity would have expired.
Through ignorance and speculation, much of the protest was anti-immigrant and Islamophobic in nature, and was then extended to targeting and intimidating immigration lawyers and law firms. Many were arrested. For the newly elected Labour government, the unrest was a chance to “look tough on crime”. For the CPS and courts, it was a chance to try public order offences in quick order, to the further delay of the many cases still stuck in the criminal justice backlog, including especially crimes of violence and sexual offences. That might be why, according to The Times on 28 August, Three quarters of victims have no faith in justice system
The Scotsman: Why the Southport stabbing suspect hasn’t been named and how to spot misinformation
The Guardian: Southport murder accused named as Axel Rudakubana
BBC: Government concerned by immigration lawyer ‘hitlist’
BBC: A day in court after the Rotherham riot
BBC: Court on camera (filmed sentencing remarks for rioters)
Guardian: Woman who was in Ibiza for 12-year-old son’s riots hearing told to pay £1,200
Media and Communications
Given the role played by mischievous communications in the summer disturbances, there was heightened interest in attempts by regulatory and law enforcement authorities to tame the excesses of social media platforms. But the use of such draconian powers risks comparison with totalitarian censorship, as the threat to the media of Hong Kong and Pavel Durov’s previous experience with a Russian app may be thought to demonstrate.
The Times: Tech barons were untouchable. Then France came for Telegram
Inforrm’s Blog: French police have arrested the founder of Telegram. What happens next could change the course of big tech
Media Reform Coalition: Mainstream media’s complicity in far-right riots isn’t accidental — it’s structural
The Times: Brazil orders immediate block on X as Elon Musk misses deadline
Prospect: Our tech overlords are about to discover that there are limits to free speech
The Times: Hong Kong journalists ‘guilty of sedition’ in first case since handover
Public inquiries
While the Grenfell inquiry has now published its Phase 2 report, other inquiries continue, including the Post Office Horizon IT inquiry (which has published its timetable for the final phase of the inquiry) and, beginning more recently, the Thirwall Inquiry (into events at the Countess of Chester Hospital following the murder convictions of neonatal nurse Lucy Letby), which began hearing oral evidence in September. The former continues to stoke outrage while the latter has provoked a good deal of commentary from armchair experts and others, directed to the safety of the convictions, while the inquiry focuses elsewhere, on the management culture and whistleblowing or lack of it at the hospital. But should all these inquiries be taking so long?
The Times: Post Office still trying to use Horizon data in criminal cases
The Times: Lucy Letby inquiry to examine if hospital bosses acted too slowly
The Times: Lucy Letby inquiry: trial doubters ’cause enormous distress’
Guardian: Public inquiries should be shorter and recommendations tracked, Lords says
Joshua Rozenberg (A Lawyer Writes): Inquiring into inquiries
Sexual assaults
In the wake of the Savile, Epstein and Weinstein scandals and the Me Too movement, allegations of historic sexual offences continue to emerge. In California it was the turn of producer and songwriter The-Dream, who is seeking to have large parts of a sexual assault lawsuit filed against him thrown out; while in London more detail emerged about Huw Edwards and, barely a year after his death, the predatory plutocrat Mohamed Fayed was accused in a TV documentary (broadcast by Edwards’ former employer) of having raped or sexually assaulted numerous women, including many in his own employ at the department store Harrods or the Paris Ritz hotel. But they weren’t the only ones, and concern was raised over the risks of the government’s early release scheme and the investigation of new offences, despite its pledges to tackle violence against women and girls.
BBC: Grammy-winning producer seeks to dismiss rape lawsuit
The Times: There’s a reason Huw Edwards wasn’t jailed (on the prevalence of his type of offending)
BBC: Al Fayed: Predator at Harrods (i-Player)
BBC: Government defends early release scheme after freed prisoner charged with sexual assault
Each Other: Inside Operation Soteria: Half of rape investigation teams are not fully qualified
The Times: Cherie Blair: a domestic abuser pushed me down the stairs (as a young lawyer she was attacked by a man she had been prosecuting over violence towards his partner)
Home Office: Top perpetrators of VAWG targeted under new national strategy
BBC: Domestic abuse experts to be embedded in 999 control rooms
His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services: Progress to introduce a national operating model for rape and other serious sexual offences investigations
Domestic Abuse Commissioner publishes immediate priorities for criminal justice system
Legislation
Some commentary on secondary legislation which may be of interest to students.
Institute for Government: Secondary legislation: how is it scrutinised?
UK-EU Relations Law: New CPR Part 68 on assimilated case law references and interventions
Recent case summaries from ICLR
A selection of recently published WLR Daily case summaries from ICLR.4
COMPANY — Reorganisation of debt — Company in financial difficulty: UK Commercial Property Finance Holdings Ltd v Cine-UK Ltd (Crown Estate Comrs v Cine-UK Ltd), 30 Sep 2024 [2024] EWHC 2475 (Ch); [2024] WLR(D) 418, Ch D
CONFLICT OF LAWS — Jurisdiction — Pleadings: Viegas v Cutrale (personal representative of the estate of Cutrale, decd) (Sanches v Cutrale (personal representative of the estate of Cutrale, decd)), 02 Oct 2024 [2024] EWCA Civ 1122; [2024] WLR(D) 420, CA
CONSUMER PROTECTION — Consumer credit — Agreement: Breeze v TSB Bank plc, 25 Sep 2024 [2024] EWHC 2427 (Ch); [2024] WLR(D) 416, Ch D
DISCRIMINATION — Victimisation — Burden of proof: Edwards v Unite the Union, 20 Sep 2024 [2024] EAT 151; [2024] WLR(D) 415, EAT
FINANCIAL SERVICES — Financial Conduct Authority — Notices: Financial Conduct Authority v BlueCrest Capital Management (UK) LLP, 02 Oct 2024 [2024] EWCA Civ 1125; [2024] WLR(D) 421, CA
INSURANCE — Reinsurance — Contract: Unipolsai Assicurazioni Spa v Covéa Insurance Plc, 30 Sep 2024 [2024] EWCA Civ 1110; [2024] WLR(D) 423, CA
NUISANCE — Public nuisance — Statutory offence: R v Smith (Joshua), 13 Sep 2024 [2024] EWCA Crim 1040; [2024] WLR(D) 414, CA
PRACTICE — Case management — Financial remedies proceedings: GH v GH, 03 Oct 2024 [2024] EWHC 2547 (Fam); [2024] WLR(D) 422, Fam D
RESTITUTION — Unjust enrichment — Claim: D’Aloia v Persons Unknown Category A, 12 Sep 2024 [2024] EWHC 2342 (Ch); [2024] WLR(D) 417, Ch D
REVENUE — Value added tax — Taxable amount: Talktalk Telecom Ltd v Revenue and Customs Comrs, 12 Sep 2024 [2024] UKUT 284 (TCC); [2024] STC 1670; [2024] WLR(D) 409, UT
Recent case comments on ICLR
Expert commentary from firms, chambers and legal bloggers recently indexed on ICLR.4 includes:
Law Society Gazette: No mercy for litigant in person who had not bothered with the rules: N Christodoulides v C Holbech [2024] EWHC 2172 (SCCO), Costs
Local Government Lawyer: Weighty matters: Vistry Homes Ltd v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 2088 (Admin); [2024] WLR(D) 379, KBD
Local Government Lawyer: The Court of Appeal decides on JCT DB 2016 termination provisions: Providence Building Services Ltd v Hexagon Housing Association Ltd [2024] EWCA Civ 962, CA
Nearly Legal: Whose landlord is this? Rent to Rent and Rent Repayment Orders again: Kumar v Kolev [2024] UKUT 255 (LC), UT
Inforrm’s blog: Criminal Conviction for Religious ‘Hate Speech’ violated the right to freedom of expression of a blogger: Sokolovskiy v Russia (Appn no 618/18), ECtHR
UK Human Rights Blog: UK Government loses latest round in long-running Diego Garcia litigation: R (VT) v Commissioner for the British Indian Ocean Territory [2024] BIOT CA (Civ) 3, CA
Local Government Lawyer: “Ariyo, Round 2”: R (Ariyo) v Richmond Upon Thames London Borough Council [2024] EWCA Civ 960, CA
Law & Religion UK: Floodlit churches — a recent judgment: Re All Saints Chelsworth, 28 Aug 2024 [2024] ECC SEI 4, Const Ct
UK Human Rights Blog: The (inadvertent) perils of a strictly formal equality: In re Mediahuis & ors (Justice (Sexual offences and Trafficking Victims) Act (NI) 2022) [2024] NIKB 45, KBD (NI)
Local Government Lawyer: High Court upholds costs orders against Halton Borough Council over planning inquiry: R (Halton Borough Council) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 2030 (Admin), KBD
Financial Remedies Journal: Absence of Authority? G v S (Family Law Act 1996: Publicity) [2024] EWFC 231 (B), Fam Ct
Wilberforce Chambers: When property held “in trust” is not a trust: the decision in Nazir v Begum [2024] EWHC 378 (KB); [2024] 1 WLR 3612; [2024] WLR(D) 97, KBD
Six Pump Court: The recent sentencing of climate protestors: Rex v Hallam and others, 18 Jul 2024, Sentencing remarks, Crown Ct
St Ives Chambers: In re D and A (Fact Finding: Research Literature) [2024] EWCA Civ 663; [2024] WLR(D) 282, CA
2 Hare Court: Costs in Regulatory Proceedings: Solicitors Regulation Authority v Tsang [2024] EWHC 1150 (KB), KBD
Financial Remedies Journal: They Think It’s All Over… It Is Not! Express Declarations, Subsequent Agreements and the Decision in Re Cynberg: In re Cynberg [2024] EWHC 2164 (Ch); [2024] WLR(D) 393, Ch D
Law Society Gazette: Judges tire of gameplaying tactics in costs disputes: Worcester v Hopley [2024] EWHC 2181 (KB), KBD
Nearly Legal: A very unfit home — Circuit Judge decision on unfitness and damages: Godagam & Edirisinghe v Hanson, 03 May 2024 Judgment PDF, County Ct
Mental Capacity Law and Policy: The Grand Chamber of the European Court of Human Right seeks to balance the right to life and the right to autonomy: Pindo Mulla v Spain, (Application no. 15541/20); [2024] ECHR 753, ECtHR (GC)
Gatehouse Chambers: Forging documents in litigation constituted an unlawful means conspiracy: Takhar v Gracefield Developments Ltd [2024] EWHC 1714 (Ch), Ch D
Law Society Gazette: Protests, human rights and criminal activity: University of Birmingham v Persons Unknown [2024] EWHC 1529 (KB), KBD
Nearly Legal: An illegal eviction rent repayment order, interests of justice and an unfortunate email: Osagie v Onwuka [2024] UKUT 293 (LC), UT
AND FINALLY…
Lawed of the rings
“Mordor lies outside the jurisdiction of the High Court, a senior judge has warned after she found “inappropriate” slang and cultural references in a judgment concerning a Co Clare wind farm.”
From a story in the Irish Times about inappropriate references and terminology in a High Court judgment by Mr Justice Richard Humphreys, criticised in the Court of Appeal of Ireland.
“Judgments must be written in clear, understandable language but that does not mean it is appropriate to resort to slang or colloquialisms (other than in quotes); it is inappropriate and militates against the precision and clarity required in judgments of the High Court,” Court of Appeal president Ms Justice Caroline Costello said, in a postscript to her judgment: see Carrownagowan Concern Group & Ors v An Bord Pleanala & Ors [2023] IEHC 579, HC(I); affd [2024] IECA 234, CA(I).
That’s it for now! Thanks for reading, and make sure you’re signed up for our email alerts.
This post was written by Paul Magrath, Head of Product Development and Online Content. It does not necessarily represent the opinions of ICLR as an organisation.
