Friday 19 July 2024

R v Hallam ~ M25 protests ~ conspiracy to intentionally commit public nuisance


Law Commission report in 2015 recommended the replacement of the common law offence of public nuisance. Government took no action on this aspect of the report until the Police, Crime, Sentencing and Courts Act 2022 section 78.

The section is a new statutory offence of "Intentionally or recklessly causing public nuisance" and it has a maximum penalty of 10 years imprisonment. The section also provides a defence of "reasonable excuse" - see section 78(3). 

The 2022 Act was a further step

Thursday 18 July 2024

Covid-19 Inquiry - First report


The UK Covid-19 Inquiry, chaired by Baroness Heather Hallett, has issued its first report which deals with Module 1 - Resilience and Preparedness - Module 1 Report - UK Covid-19 Inquiry (covid19.public-inquiry.uk)

Module 1 Report - The resilience and preparedness of the United Kingdom - UK Covid-19 Inquiry (covid19.public-inquiry.uk) - 240 pp. (pdf)

Module 1 Report 'In Brief' summary - The resilience and preparedness of the United Kingdom - UK Covid-19 Inquiry (covid19.public-inquiry.uk) - 4 pp (pdf)

The report has to be read in full and it speaks for itself. I am therefore avoiding either analysis or precis. In any event, this report is the first of several. Each "module" will be followed by its own report.

That said, Baroness Hallett notes

Tuesday 16 July 2024

New Secretary of State for Justice / Lord Chancellor, and Law Officers

On Monday 15 July, the newly elected Labour government's appointees as Secretary of State for Justice / Lord Chancellor and Law Officers were sworn in at the Royal Courts of Justice.  

Swearing in of the new Lord Chancellor - Courts and Tribunals Judiciary

Joshua Rozenberg describes the occasion on his substack - Rule of law - by Joshua Rozenberg - A Lawyer Writes (substack.com)

The appointees

The appointees are Shabana MahmoodRichard Hermer KC (as Attorney-General) and Sarah Sackman MP as Solicitor General.

Shabana Mahmood has

Friday 12 July 2024

Emergency action to be taken on prison population

Updated 18 July 2024

The Secretary of State for Justice and Lord Chancellor is now Shabana Mahmood MP and found herself in the unenviable position of having to announce action to defuse prison ‘time-bomb’ - GOV.UK (www.gov.uk). At 12 July, the prison population stood at 87,505 against a useable operational capacity of 88,956 - (here). 

I use the word "unenviable" because it is bound to lead to accusations from political opponents that the government is putting the population in danger or that it has gone soft on crime. Because of this, I urge readers to look carefully at Mahmood's statement - Lord Chancellor sets out immediate action to defuse ticking prison ‘time-bomb’ - GOV.UK (www.gov.uk).

It is now 30 years

Thursday 4 July 2024

Pollution of the Manchester Ship Canal

Could the Manchester Ship Canal Company (MSCC) bring a private law claim in nuisance and / or trespass against United Utilities Ltd (UU) in respect of unauthorised discharges of untreated foul water by UU into the canal?

In June 2022, the Court of Appeal (Asplin, Arnold, Nugee LJJ) said not - The Manchester Ship Canal Company Ltd v United Utilities Water Ltd [2022] EWCA Civ 852 (27 June 2022) (bailii.org)

The Supreme Court has reversed that - The Manchester Ship Canal Company Ltd (Appellant) v United Utilities Water Ltd (Respondent) No 2 - The Supreme Court

See the Judgment (PDF) and the Press summary (PDF)

It was argued for United Utilities that such private law claims were excluded because of the statutory scheme for regulating sewerage established by the Water Industry Act 1991 (legislation.gov.uk)

As the summary notes - The implication of the Court of Appeal's judgment was that "no owner of a canal (or other watercourse or body of water) can bring a claim based on nuisance or trespass against a sewerage undertaker in respect of polluting discharges into the water, unless the sewerage undertaker is guilty of negligence or deliberate wrongdoing. A claim of this kind would be prevented even if the polluting discharges were frequent and had significant and damaging effects on the owner’s commercial or other interests, or on its ability to enjoy its property." 

The Supreme Coutr held that the 1991 Act does not prevent the Canal Company from bringing a claim in nuisance or trespass when the canal is polluted by discharges of foul water from United Utilities’ outfalls, even if there has been no negligence or deliberate misconduct. 

Discharge of sewage into watercourses is a major concern and

Lucy Letby

 Lucy Letby has been convicted, at a retrial, of attempting to murder Baby K. See the Crown Prosecution Service statement - Lucy Letby found guilty of attempting to murder baby following retrial | The Crown Prosecution Service (cps.gov.uk)

On 5 July, she was sentenced to life imprisonment for that offence - see the Sentencing Remarks.

Following the conclusion of the Baby K case, the Court of Appeal (Criminal Division) published its reasons for rejecting appeals by Lucy Letby relating to previous convictions for murder and attempted murder.

Letby v Rex (Rev1) [2024] EWCA Crim 748 (02 July 2024) (bailii.org)

Please note the reporting restrictions set out at the start of the judgment. 

Letby is now serving life imprisonment with a whole life term - Law and Lawyers: Letby sentenced to Whole Life Term (obiterj.blogspot.com)

The Thirlwall Inquiry - (named after the inquiry's chair - Lady Justice Thirlwall) - has been established to examine events at the Countess of Chester Hospital and their implications following the trial, and subsequent convictions, of former neonatal nurse Lucy Letby of murder and attempted murder of babies at the hospital.

The Inquiry Terms of Reference are available via the Inquiry website. 

There was a preliminary hearing on 16 May 2024 and for information about future hearings see -Hearings | The Thirlwall Inquiry

Addendum 9 July 2024

Lucy Letby: killer or coincidence? Why some experts question the evidence | Lucy Letby | The Guardian

Addendum 25 October 2024

R -v- Letby - Courts and Tribunals Judiciary - Court of Appeal (Criminal Division) ruled that it was not unfair to try Letby for the attempted murder of Baby K

Letby applied for leave to appeal against her conviction in July 2024. The sole ground of the appeal was that the judge erred in refusing to stay the proceedings.