Paris: an Olympian view (Shutterstock)

Immigration

Bibby Stockholm closure

The Home Office has announced that it will not be renewing the contract for the barge moored off Portland, Dorset, which is currently being used to house asylum seekers, once the current contract expires in January 2025. The use of the barge was widely criticised and beset with problems. Traces of Legionella bacteria were found in the barge’s on-board water system, just days after the first migrants boarded in August 2023. In an unrelated incident, a young man detained on the barge was found dead in his cabin, and was believed to have taken his life.

The Home Office said in an announcement that ending the use of the Bibby Stockholm formed part of an expected £7.7bn of savings in asylum costs over the next 10 years. It plans instead to save money by speeding up the processing of asylum claims and clearing a massive backlog which has built up under the previous government while it pursued its ill-fated Rwanda deportation scheme, under which no one was actually ever deported, though at least one man appears to have gone voluntarily.

Guardian: Bibby Stockholm barge to close as asylum accommodation, says Home Office

Diego Garcia camp

The position of a group of Tamil refugees picked up in the Indian Ocean three years ago remains unsettled, as the UK and US authorities argue over their status.

Last week the High Court granted bail to 47 of the asylum seekers who have been stranded on Diego Garcia for the last three years, according to Leigh Day. The firm represents 28 of the individuals who are being held in the detention camp, pending resolution of a long-running dispute involving the Sri Lankan Tamils who were rescued at sea by the Royal Navy and brought to Diego Garcia, an island in the British Indian Ocean Territory, in October 2021. The US authorities, who control a naval base on part of the British Indian Ocean Territory, “strongly” objected to the partial release arrangements.

The British Indian Ocean Territory (BIOT) Commissioner, Paul Candler, has described the situation in the camp to UK government ministers as “dangerous and unsustainable”. The Tamils appear to have been left in limbo while the US and UK authorities argue about their plight and the alleged risks to the military base on the island.

According to the Guardian

“Nobody has ever tried to claim asylum in Diego Garcia before — and the territory is itself disputed. Located halfway between the east coast of Africa and the west coast of Indonesia, the UK asserts ownership of the island, while Mauritius, to the south-west of Diego Garcia, says it owns it. Britain colonised the island in the late 18th century, and, in 1965, created the British Indian Ocean Territory (Biot), which also includes the other 57 islands of the Chagos archipelago. It is governed by the Foreign, Commonwealth and Development Office (FCDO) in London — but is constitutionally separate from the UK. The UK leases the island to the US and 3,000–5,000 military personnel are stationed there.”

For more on this, see Leigh Day: Asylum seekers on Diego Garcia granted further limited freedoms by the High Court

Joshua Rozenberg, A Lawyer Writes: Will UK take in Tamils? and Migrants granted limited bail

Post Office IT inquiry

Phase concludes

Phases 5 and 6 of the inquiry chaired by Sir Wyn Williams ran from 9 April — 31 July 2024, and covered Redress, access to justice, Second Sight, Complaint Review and Mediation Scheme, conduct of the group litigation, responding to the scandal, governance, monitoring of Horizon, contractual arrangements, internal and external audit, technical competence, stakeholder engagement, oversight and whistleblowing.

There will be a break over the summer, before Phase 7 commences in September. This will cover “Current practice and procedure and recommendations for the future”. The inquiry recently announced a survey in which :

“Every current sub-postmaster in the UK will be asked about their experience working with the Post Office, and applicants under the Post Office’s in-house compensation scheme (the Horizon Shortfall Scheme) will be asked about their experiences of this process.

Findings of the two surveys, conducted by independent research and data analytics firm, YouGov, will be presented as evidence during the Inquiry’s final phase, Phase 7, and will inform Inquiry Chair, Sir Wyn Williams’ findings and recommendations. …

Those eligible to take part in the surveys will be contacted via email. Respondents will contribute their experiences anonymously and can do so online, or over the phone for those who need reasonable adjustments.

Sir Wyn Williams has secured agreement from the Post Office that they will waive without prejudice legal privilege specifically for these surveys. This means everyone can share their experiences when completing the surveys without fear of legal repercussions.”

For more on recent witnesses and their evidence, see Nick Wallis, Post Office Scandal blog and Richard Moorhead Thoughts on the Post Office Scandal

Redress scheme opens

The government has announced the launch of the promised Horizon Convictions Redress Scheme, which it says has been “specifically designed for postmasters whose conviction was not already overturned by the courts” and offers victims the choice of taking a fixed settlement of £600,000 or having a fully detailed assessment.

The scheme will be delivered by the Department for Business and Trade with a key aim of providing as much transparency as possible about how it will operate and how decisions will be taken on redress, the government said.

Postmasters whose convictions have been overturned by the Post Office (Horizon System) Offences (Scotland) Act 2024 or the Post Office (Horizon System) Offences Act 2024 can now apply to the new redress scheme. Postmasters eligible can either accept a fixed settlement of £600,000 or those who believe their losses exceed that amount can choose a full claim assessment route. This will mean their application will be fully examined by a team of dedicated caseworkers in the Department for Business and Trade.

Free legal advice can also be sought from one of the solicitor firms who have been assisting postmasters, and who have committed not to charge victims. A number of these are listed on a blog post from Richard Moorhead Thoughts on the Post Office Scandal: Exoneration scheme

Employment law

Health and Safety

In an interesting article entitled How 1960s tragedies triggered a life-saving law, the BBC’s political reporter Kate Whannel recalls the enactment of the Health and Safety at Work etc. Act 1974, which replaced a previous patchwork of enactments designed to prevent tragic accidents and injuries in the workplace against the backdrop of a series of industrial disasters, including the Aberfan mining disaster in which a Welsh village was crushed under a landslide of badly managed coal slag with many fatalities.

Labour’s labour laws

The UK Labour Law blog has an article by Sandhya Drew on Bringing Wages Home: Labour’s proposal for a Fair Pay Agreement in the social care sector . This looks at the manifesto and King’s Speech and considers what legislation might be possible (but there remains a question about what is affordable, given recent dire predictions about the public finances).

Crime

Letby case doubts

The lifting of reporting restrictions on the first trial of Lucy Letby, following the conclusion of the second trial, has enabled commentators to raise questions about, among other things, the expert and statistical evidence relied upon by the prosecution, and the lack of expert evidence adduced by the defence. In the latest Private Eye podcast, Page 94 (episode 118) the medical columnist Dr Phil Hammond (aka MD) questions whether the jury could, on the statistical evidence, really have been sure “beyond reasonable doubt” of the nurse’s guilt for the deaths of a small number of already very sick and frail babies.

See also Private Eye: Letby Lessons (MD column in print Issue 1628, not online).

The Empty City: The Lucy Letby case: some thoughts and observations

The Empty City: New: the Lucy Letby trial ruling on the submission of ‘no case to answer’

PA Media blog: Fact check: New Yorker article about Lucy Letby is not available in the UK for legal reasons

The Conversation: Why the New Yorker blocked UK website readers from its Lucy Letby story — an expert explains

And for context: BBC, Babies died after hospital neglect — inquest jury

Terrorist triumphantly trapped

The BBC reported on How Anjem Choudary was convicted of directing terrorist organisation, following the recently successful prosecution of the extremist preacher.

You can read the sentencing remarks in R v Choudary & anr (Wall J, 30 July 2024) on ICLR.4 (via the Judiciary website).

Stalking failure

Elsewhere the BBC reported that the criminal justice system is failing stalking victims, according to a review by London’s victims’ commissioner, Claire Waxman. Her review found that two-thirds of stalking offences in London are committed by repeat offenders.

The stalking review is the first by the Mayor’s Office for Policing and Crime (Mopac) under the direction of the victims’ commissioner. “The system has become complicit in allowing stalking cases to escalate,” she said.

Family law

Transparency?

Just how open is an open meeting of the Family Justice Council? asks the Transparency Project, after struggling with the process of attending one of the council’s meetings as observers and getting it to answer some questions. Part of the experience sounds familiar:

“In places it was slightly difficult to follow because the discussion between committee members referred to papers which observers didn’t have (a bit like when we attend a court hearing and don’t have access to the case summary or position statements).”

Evaluation report

More positive was the publication, by the National Centre for Social Research (NatCen) of a report of their evaluation of the Family Court Reporting Pilot.

The pilot was launched in three family court centres in January 2023, and extended in 2024 to another 16 court centres, where it now includes private as well as public children cases (a separate pilot covers financial resolution cases). It is designed to facilitate more reporting of family court cases by reversing the presumption in favour of permission to report, subject to stringent conditions of anonymisation. The evaluation report is focused on the initial pilot in 2023, and found that the pilot

“enjoyed strong support amongst court staff, legal professionals and media stakeholders. A minority of court staff and legal professionals expressed concerns about the impact of greater transparency in family courts. However, even amongst more skeptical [sic] participants, the ability to report on the functioning of family courts was viewed as an inevitability, due to the demand for greater transparency and accountability from the public and the media.”

The report identifies some of the obstacles which still hinder reporting from the family courts, including the uninformative listing of cases, the burden of drafting and providing a Transparency Order in a case if and when a reporter wishes to cover it, and the need for more training of staff to prepare them for the presence of reporters. Against that, “The presence of a dedicated member of staff with responsibility for the Reporting Pilot was highly valued by all participants”. However, once the pilot ends, that dedicated member of staff will have other things to do, so it isn’t something that can be relied on in the long term.

President’s view

Finally, by way of an end of term report, Sir Andrew McFarlane issued his View from The President’s Chambers: July 2024.

Other recent items

Courts: annual report

HM Courts and Tribunals Service (HMCTS) have released Annual Report and Accounts 2023–24

Legislation: assisted dying

Daniel Gover, Senior Lecturer in British Politics, Queen Mary University of London, writes on Why a House of Lords private member’s bill on assisted dying is one to watch this week in The Conversation.

He reports that “Charlie Falconer, Labour peer and former lord chancellor, is to introduce a private member’s bill into the House of Lords on July 26 to legalise assisted dying in England and Wales” but that “Whatever the hopes of campaigners” — and despite similar changes elsewhere in the British Isles — “the reality is that Falconer’s bill will face an uphill struggle to pass.”

Youth justice report

Young Advocates for Youth Justice published a youth-led report about keeping children and young people out of the justice system. The Young Advocates project is a youth-led project that places the voices and experiences of children and young people affected by the justice system at the heart of decision-making. The project is delivered in partnership by the Alliance for Youth Justice (AYJ) and Leaders Unlocked, with the generous support of BBC Children in Need. The project is led by children and young people who have lived experience of the youth justice system, and who want to be part of a movement to drive positive change around issues that are important to them.

See also: Russell Webster, Keeping Children Out Of The Justice System

AI: EU Act comes into effect

Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) comes into effect this week, on 1 August 2024.

As reported by Luiza Jarovsky on the AI policy & regulation blog, its provisions will become enforceable in stages:

  • February 2025: Chapters I (general provisions) & II (prohibited AI systems) will apply;
  • August 2025: Chapter III Section 4 (notifying authorities), Chapter V (general purpose AI models), Chapter VII (governance), Chapter XII (confidentiality and penalties), and Article 78 (confidentiality) will apply, except for Article 101 (fines for General Purpose AI providers);
  • August 2026: the whole AI Act will apply, except for Article 6(1) & corresponding obligations (one of the categories of high-risk AI systems);
  • August 2027: Article 6(1) & corresponding obligations will apply.

Recent case summaries from ICLR

A selection of recently published WLR Daily case summaries from ICLR.4

CHILDREN — Care proceedings — Adoption: In re W and others (Implementation of Adoption Plan pending Appeal), 25 Jul 2024 [2024] EWCA Civ 837; [2024] WLR(D) 359, CA

CRIME — Practice — Custody time limit: R (Director of Public Prosecutions) v Crown Court at Lewes, 22 Jul 2024 [2024] EWHC 1885 (Admin); [2024] WLR(D) 352, DC

CRIME — Sentence — Assault by penetration: R v Singh (Tarjit), 17 Jul 2024 [2024] EWCA Crim 815; [2024] WLR(D) 351, CA

DISCRIMINATION — Part-time worker — Less favourable treatment: Augustine v Data Cars Ltd, 15 Jul 2024 [2024] EAT 117; [2024] WLR(D) 345, EAT

INDUSTRIAL RELATIONS — Employment Appeal Tribunal — Appeal to: Ridley v H B Kirtley (trading as Queen’s Court Business Centre) (Kostrova v McDermott International Inc, Taylor v Lloyds Pharmacy Ltd), 25 Jul 2024 [2024] EWCA Civ 884; [2024] WLR(D) 353, CA

PATENT — Invention — Exclusion from patentability: Emotional Perception AI Ltd v Comptroller General of Patents, Designs and Trade Marks, 19 Jul 2024 [2024] EWCA Civ 825; [2024] WLR(D) 339, CA

PLANNING — Caravan site — Licence: Tallington Lakes Ltd v South Kesteven District Council, 17 Jul 2024 [2024] EWCA Civ 811; [2024] WLR(D) 346, CA

REVENUE — Income tax — Penalty: Marano v Revenue and Customs Comrs, 26 Jul 2024 [2024] EWCA Civ 876; [2024] WLR(D) 354, CA

VICARIOUS LIABILITY — Relationship akin to employment — Foster carer: DJ v Barnsley Metropolitan Borough Council, 23 Jul 2024 [2024] EWCA Civ 841; [2024] WLR(D) 358, CA

Recent case comments on ICLR

Expert commentary from firms, chambers and legal bloggers recently indexed on ICLR.4 includes:

The Empty City: The Lucy Letby case: some thoughts and observations: R v Letby (Lucy) [2024] EWCA Crim 748, CA

Transparency Project: London judge makes post-adoption contact order: In re A (A Child) (Contested Adoption and Local Authority Conduct) [2024] EWFC 192 (B), Fam Ct

Law & Religion UK: “A Prolonged Period of Dying”: On best interests and miracles: Whittington Health NHS Trust v XY [2024] EWCOP 37 (T3), Ct of Protection

Local Government Lawyer: Upper Tribunal rules on proper application of totality principle to imposition of financial penalties for multiple housing offences: Aaron Shorr v London Borough of Camden [2024] UKUT 202 (LC), UT

Law & Religion UK: Disbanding a parish — and a question of jurisdiction: All Saints Spring Park Parochial Church Council v Church Commissioners [2024] UKPC 23, PC

Local Government Lawyer: High Court rejects claim asylum seeker was a child when he entered UK and had his age assessed: R (MAA) v Hounslow London Borough Council [2024] EWHC 1894 (Admin), KBD

Journal of Social Welfare and Family Law: Two unsuccessful bites at the legal parenthood cherry — really in the child’s best interests? Z (Surrogacy: Step-parent Adoption), Re [2024] EWFC 20, Fam Ct

Costs Litigation Blog: Costs Management: possible, and beneficial, even when the Claimant is a child: XT v (A Child by her Mother and Litigation Friend, AXD) v David Atere-Roberts [2024] EWHC 1372 (KB), KBD

39 Essex Chambers: When is a Crematorium Actually a Crematorium?Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507; [2024] WLR(D) 229, CA

Local Government Lawyer: Academy school fails in High Court challenge over Ofsted rating: R (All Saints Academy, Dunstable) v Office for Standards in Education, Children’s Services and Skills (Ofsted) [2024] EWHC 1792 (Admin), KBD

Mental Capacity Law and Policy: Right Care, Right Person before the courts: Platt v High Court, Republic of Ireland [2024] EWHC 1821 (Admin), KBD

Nearly Legal: Miscellaneous — legal costs under leases, Tribunal appointed managers and the BSA, and estopping a van Hoogstraten: Thanet Lodge (Mapesbury Road) & Anor v Arun Mirchandani 2024] UKUT 205 (LC), UT

And finally…

Tweet of the week

is from the court reporter for the Standard, on yet another obstacle to open justice.

That’s it for this term! We’ll be back after the long vac, possibly with a new format. Thanks for reading, and thanks for all your toots, tweets, posts and links. Work hard, be kind, take care.

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.