Media By: Rosalind English


What will happen to Justice

2 April 2019 by

… the horse? In September last year a County Court judge in Washington, Oregon, threw out a case for lack of standing. The claim (Justice vs Gwendolyn Vercher Case 18CV17601) was filed in the name of an eight year old quarter horse whose abuse at the hands of his owner had led to a conviction and fine for animal neglect.

In March 2017 the horse — then known as Shadow —was found emaciated and with a prolapsed penis that was swollen “red raw” and “oozing serum” as a result of frostbite. He was 300lb (136kg) underweight and also suffering from lice and rain scald having been left without adequate food or shelter throughout the winter. Although his owner agreed to pay the horse’s veterinary expenses up to the date of conviction, the equine charity maintain that the injuries he has suffered will require “special and expensive medical care for the rest of his life” and are a barrier to finding the horse a new home.


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Strikes, abuse, contempt: a day in the life of a Labour Court Judge in South Africa

25 March 2019 by

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We have had the rare opportunity to interview a high court judge in South Africa. Mr Justice Steenkamp is a member of the specialist branch of the high court bench which reviews employment decisions from the lower courts on their way to the appeal courts and ultimately the Constitutional Court. In a country where people are plentiful and employment is scarce, strike action, even protests protected under the Constitution, is fraught with difficulty, particularly where violence abounds and the police force is inactive or overwhelmed. Rosalind English speaks to Labour Court Judge Steenkamp in his chambers at the Labour Court in downtown Cape Town. Citations for the cases referred to in the interview are set out below, along with the relevant legislation.

Robertson Winery v CSAAWU 18 Nov 2016

Dagane v SSSBC 16 March 2018

The Labour Relations Act (LRA), Act 66 of 1995

Physician assisted dying: latest developments

22 March 2019 by

Update: 

Today (21 March) the Royal College of Physicians (RCP) has dropped its opposition to assisted dying and moved to neutrality. The RCP has opposed assisted dying since 2006 but has now brought its position in line with the range of views held by its members, and with the 82% of the public who want greater choice at the end of life. Today’s result is a great victory for patients and for the campaign group Dignity in Dying. Their full press release can be found on their website and a breakdown of the results is available on the RCP website.  

DID’s report has been covered by the British Medical Journal and Politics Home so far.  You can read the full report here, and their press release here.

On 20 March Dignity in Dying released a report exposing the fact that those behind the legal challenge to the RCP (detailed below) have a long history of campaigning for pro-life causes and connections to American pro-life lobbyists, the Alliance Defending Freedom (ADF).

DID’s report has been covered by the British Medical Journal and Politics Home so far.  You can read the full report here, and their press release here.

See our last update on these events since our podcast interview with CEO of Dignity in Dying Sarah Wootton.

The view from Fleet Street: Law Pod latest episode

11 March 2019 by

Frances Gibb recently retired from nearly forty years spent as law correspondent, editor and columnist at The Times. In Episode 72 she tells Rosalind English about some of the more bracing encounters with government lawyers and judges in the past, and reflects on the many changes that have taken place in the media and legal institutions since she took over from Marcel Berlins in the 1980s.

Law Pod UK is available on AudioboomiTunesSpotifyPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

Judicial review is not “politics by another means”

9 March 2019 by

Wilson and others v R (on the application of ) v the Prime Minister [2019] EWCA Civ 304

The Court of Appeal has turned down an appeal against an application seeking judicial review of May’s triggering of Article 50 under the power granted to her by the European Union (Notification of Withdrawal) Act 2017. The applicants sought a declaration that this was unlawful because it was

based upon the result of a referendum that was itself unlawful as a result of corrupt and illegal practices, notably offences of overspending committed by those involved in the campaign to leave the EU

On 10 December 2018, Ouseley J refused permission to proceed with the judicial review on the basis of both delay and want of merit, and ordered the Applicants to pay the Respondent’s costs. This was a hearing for permission to appeal against that order. Permission was refused.


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Law Pod UK new episode: Are our legal tools fit for AI?

4 March 2019 by

In Episode 71 author and barrister Jacob Turner talks to Rosalind English about a world in which algorithms handle all the transactions. His book Robot Rules explains why AI is a unique legal phenomenon, and how we might address the legal and ethical problems it could cause. He argues that AI is unlike any other previous technology, capable of legal agency and holding legal personality. His book goes deep into the questions of liability for the actions and decisions of advanced algorithmic intelligence. As one review comments, Robot Rules incorporates “clear explanations of complex topics”, and will appeal “to a multi-disciplinary audience, from those with an interest in law, politics and philosophy, to computer programming, engineering and neuroscience.”

Law Pod UK is available on AudioboomiTunesSpotifyPodbean or wherever you listen to our podcasts. Please remember to rate and review us if you like what you hear.  

Mental capacity for social media and the internet: another Court of Protection case

28 February 2019 by

apple applications apps cell phone

Photo by Tracy Le Blanc on Pexels.com

Re: A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2

The patient in these proceedings was a woman in her thirties (“B”). She suffers a learning disability and epilepsy and has considerable social care needs. She currently lives at home where she spends much of her time watching television.  She struggles to manage her personal care and hygiene, and, in the judge’s words, she is “grossly overweight.”

She is prone to confrontational behaviour when challenged, and can be physically aggressive. She is assessed as requiring support to maintain her safety when communicating with others; when she receives information which she does not want to hear, she often becomes dismissive, verbally aggressive and refuses to engage.

This hearing concerned her capacity to litigate in these proceedings, to manage her property, to decide where she resides and her package of care, and to decide with whom she has contact. The main focus of the judgment was on the question that arose in the “A” case , as to the capacity of the patient to use the internet and communicate by social media. Closely related to this was the issue of her capacity to consent to sexual relations.
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Mental capacity for handling the internet: Court of Protection

27 February 2019 by

A (Capacity: Social Media and Internet Use: Best Interests)  [2019] EWCOP 2

In this case Cobb J was asked to make declarations under the Mental Capacity Act 2005 regarding a learning disabled man’s capacity to use the internet and social media. (NB on 21 February judgment was also handed down in a similar case on which we will post shortly: B (Capacity: Social Media: Care and Contact) [2019] EWCOP 3.

The rapid development of the internet and proliferation of social media networks over recent years have fundamentally reshaped the way we engage with each other. We spend more time on our digital electronic devices than we do interacting with other humans and naturally this has brought huge benefits in terms of entertainment, communication and gathering information. The social media ‘apps’ available for instant messaging and networking are mostly easy and free to use, amongst them chiefly Facebook, WhatsApp, Snapchat, Facetime, Skype, Instagram, and Twitter. For people with disabilities the internet and associated social media networks are particularly important:


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Physician assisted dying: latest developments

26 February 2019 by

Update:

On 20 March Dignity in Dying released a report exposing the fact that those behind the legal challenge to the RCP (detailed below) have a long history of campaigning for pro-life causes and connections to American pro-life lobbyists, the Alliance Defending Freedom (ADF).

DID’s report has been covered by the British Medical Journal and Politics Home so far.  You can read the full report here, and their press release here.

In January we published episode 63 of Law Pod UK featuring Sarah Wootton, Chief Executive of Dignity in Dying. DID campaigns for a change in the law to allow doctors to prescribe lethal drugs for terminally ill people to hasten their own death in specific situations. Sarah referred in that interview to a poll that was about to be conducted of the members of the Royal College of Physicians, who have hitherto opposed assisted dying. The members are being asked whether they individually support a legal change to permit assisted dying, and what they think the RCP’s position should be. The RCP has said that it will move to a neutral position unless at least 60% of votes in a poll being sent out in the first week of February are either in favour of or opposed to a change in the law. The results will be announced in March but the poll has had a bumpy ride, including a threat of judicial review by one of its members for conducting the exercise as a “sham poll with a rigged outcome.” The Christian charity Duty of Care has called for signatures from doctors and medical students to a petition objecting to the poll.

While that has been going on, DID has supported the family of a man suffering from motor neurone disease. On 7 February Geoff Whaley travelled to Dignitas in Switzerland to end his life.

Before he died, Mr Whaley wrote an open letter all MPs to impress upon them the need for a change in the law after his wife was reported to the police, in an anonymous phone call, as a person potentially assisting someone to end their life. The Whaley’s MP Cheryl Gillan raised the family’s story in the Commons during Business of the House.

Geoff [and his wife] had to suffer the added mental anguish of facing a criminal investigation at a time when the family, and most of all Geoff, wanted to prepare his goodbyes and fulfil his last wish in peace. May I ask the Leader of the House if we can have a debate in Government time so that we can re-examine this area of law, particularly in the light of this amazing man’s efforts to give terminally ill people a choice over the way they leave this world, and to afford protection to their loved ones?


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Does someone who assists with journey to Dignitas risk losing benefit of deceased’s estate?

26 February 2019 by

Ninan v Findlay and others [2019] EWHC 297 (Ch), 21 February 2019

The claimant, Mrs Ninian, is the sole beneficiary of the residue of the estate of her late husband Mr Ninian under his will. Mr Ninian, who suffered from a progressive incurable disease, died on 16 November 2017 with the assistance of Dignitas in Switzerland. Mrs Ninian was with him throughout the trip to Switzerland, his assessment by representatives of Dignitas and the occasion of his suicide.

Shortly before the trip to Dignitas, Mrs Ninian applied for relief against forfeiture under section 2 of the Forfeiture Act 1982 on the basis that steps taken by her may have amounted to encouraging or assisting her husband to commit suicide which brought in play the forfeiture rule.


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Court authorises experimental treatment for CJD patient

25 February 2019 by

University College London Hospital and others v KG (by his litigation friend the Official Solicitor) [2018] EWCOP 29

This case concerned a man, KG, who suffered from the human prion disease CJD. As was explained in the judgment, prion diseases are invariably fatal, neurodegenerative conditions.

They are involve the build-up in the brain and some other organs of a rogue form of a naturally-occurring protein known as the prion protein. The rogue protein results from a change in shape of the normal prion protein. Once formed in the body, these rogue proteins (or prions) recruit and convert more of the normal prion protein into the abnormal form, setting off a kind of chain reaction which leads to a progressive accumulation of the rogue protein.


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Law Pod UK New Episode

18 February 2019 by

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From the popular four part episodes out of 1 Crown Office Row’s seminar ‘Erasure, Remediation and Rights of Appeal in Disciplinary Proceedings’, we bring you Episode 67 with Matthew Barnes, who asks the question in his talk about remediation – Can you teach an old dog new tricks?


Law Pod UK is available, ad-free on AudioboomiTunesSpotifyPodbean or wherever you listen to your podcasts. Please remember to rate and review us if you like what you hear.  

Animal transport: where are we now with EU law?

18 February 2019 by

MAS Group Holdings Ltd and others, R (on the application of) v Barco De Vapor B.V. and others [2019] EWHC 158 (Admin), 4 February 2019

As a matter of policy, the UK government is committed to improving the welfare of all animals, or so we are given to understand. In this little-covered ruling, we see that the responsible authorities are trying to do what they can to alleviate the suffering of farm animals enduring transport for slaughter:

[The government] would prefer to see animals slaughtered as near as possible to their point of production and thus trade in meat is preferable to a trade based on the transport of live animals. Whilst it recognises the United Kingdom’s responsibilities whilst remaining a member of the EU, it will be looking to take early steps to control the export of live animals for slaughter as the UK moves towards a new relationship with Europe.

Livestock transport has been a controversial subject in the UK for many years. Efforts by public authorities to reduce or mitigate the movement or export of live animals have hitherto foundered on the rocks of free movement of goods (see my post on TFEU Article 35). Despite the ethical controversy, the current position is that long distance transport of nonhuman animals for slaughter is lawful (Barco de Vapor BV v Thanet District Council [2015] Bus LR 593.)  


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New Law Pod UK Episode: Informed Consent

4 February 2019 by

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Following our popular interview with James Badenoch QC on the “doctor knows best” rule of evidence in medical negligence cases, we bring you John Whitting QC, healthcare law specialist at 1 Crown Office Row (@JohnWhittingQC). In Episode 64 of Law Pod UK, John talks to Rosalind English about the realities of clinical encounters and considers to what extent patients are willing, or in some circumstances even able – to take on board multiple options for their treatment.


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