Covid: ‘Perfect storm’ causing employment tribunal backlog – BBC News

Posted October 22nd, 2020 in news by sally

‘Concerns are being raised over a Covid-related backlog of tribunal cases involving people who believe they have lost their jobs unfairly.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Court dismisses challenge to decision granting planning permission for relocation of works at nuclear power station within AONB – No. 5 Chambers

Posted October 22nd, 2020 in news by sally

‘The Claimant sought judicial review of the Council’s decision to grant planning permission for replacement facilities in respect of what is known as ‘Sizewell B’ power station, part of the Sizewell power stations in Suffolk, in advance of a decision on whether or not to grant development consent for ‘Sizewell C’. The site lies within the Suffolk Coast and Heaths AONB and the Suffolk Heritage Coast. The Sizewell Marshes SSSI lies immediately west and north of the site and within the western boundary lies Coronation Wood. The Claimant was Secretary and member of ‘Together Against Sizewell C’, a group which held concerns as to the sensitive nature of the environment around Sizewell and the impact of the Sizewell C project.’

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No. 5 Chambers, 8th October 2020

Source: www.no5.com

BAILII: Recetn Decisions

Posted October 22nd, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Gateway Housing Association v Personal Representatives of Ali & Anor [2020] EWCA Civ 1339 (22 October 2020)

High Court (Administrative Court)

Buivis v Deputy Prosecutor General (Republic of Lithuania) [2020] EWHC 2815 (Admin) (20 October 2020)

High Court (Chancery Division)

Rwamba v The Secretary of State for Business, Energy And Industrial Strategy [2020] EWHC 2778 (Ch) (20 October 2020)

Kea Investments Ltd v Watson [2020] EWHC 2796 (Ch)) (19 October 2020)

Shazam Productions Ltd v Only Fools the Dining Experience Ltd & Ors [2020] EWHC 2799 (Ch) (19 October 2020)

High Court (Family Division)

Prospective Adopters v Sheffield City Council [2020] EWHC 2783 (Fam) (21 October 2020)

High Court (Queen’s Bench Division)

Cobussen Principal Investment Holdings Ltd v Akbar & Ors [2020] EWHC 2805 (QB) (21 October 2020)

High Court (Technology and Construction Court)

Blue Manchester Ltd v North West Ground Rents Ltd [2020] EWHC 2777 (TCC) (20 October 2020)

BDW Trading Ltd v Lantoom Ltd [2020] EWHC 2744 (TCC) (16 October 2020)

Source: www.bailii.org

HS2 protester given suspended sentence for contempt of court – Local Government Lawyer

Posted October 22nd, 2020 in news by sally

‘A protester against the High Speed 2 (HS2) rail project has been handed a suspended prison sentence for contempt of court after breaching an earlier order in the first such case concerning HS2.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk

SRA slapped with costs order over failed prosecution – Legal Futures

Posted October 22nd, 2020 in news by sally

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of making a costs order against the Solicitors Regulation Authority (SRA) for the “grave errors” it made in a case it eventually had to withdraw.’

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Legal Futures, 22nd October 2020

Source: www.legalfutures.co.uk

Crackdown on UK gambling ads expected to ban use of celebrities – The Guardian

Posted October 22nd, 2020 in news by sally

‘The use of celebrities such as sports personalities and reality TV stars in betting and gambling ads is expected to be banned under new rules designed to crack down on marketing targeting under-18s.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

Posted October 22nd, 2020 in news by sally

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

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UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Ombudsman report finds council wrongly accused woman of using abusive language, stopped Care Act assessment – Local Government Lawyer

‘The Royal Borough of Greenwich has been told by the Local Government and Social Care Ombudsman that it need not compensate a woman it wrongly accused of using abusive language to a staff member.’

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Local Government Lawyer, 21st October 2020

Source: www.localgovernmentlawyer.co.uk

Appeal court quashes UK policy of removing migrants with little warning – The Guardian

Posted October 22nd, 2020 in appeals, human rights, immigration, ministers' powers and duties, news by sally

‘The court of appeal has quashed a Home Office policy of removing migrants from the UK without access to justice.’

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The Guardian, 21st October 2020

Source: www.theguardian.com

Brexit: UK to ban more EU citizens with criminal records – BBC News

Posted October 22nd, 2020 in brexit, criminal records, immigration, news, regulations by sally

‘Many more EU citizens with criminal records will be barred from entering the UK from January, the Home Office has said.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Letters to UK crime victims from CPS ‘unsatisfactory’ – The Guardian

Posted October 22nd, 2020 in Crown Prosecution Service, news, prosecutions, rape, reasons, reports, victims by sally

‘Letters to victims of rape and other crimes sent by the Crown Prosecution Service explaining legal decisions are of poor quality, lack human empathy and are frequently late, according to an official watchdog.’

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The Guardian, 22nd October 2020

Source: www.theguardian.com

Abortion “pills by post”: approval of procedure not unlawful – Court of Appeal – UK Human Rights Blog

Posted October 22nd, 2020 in abortion, doctors, judicial review, news by sally

‘The secretary of state had granted a temporary approval during the COVID-19 pandemic of “the home of a pregnant woman” as a class of places for the taking of Mifepristone, one of the two drugs required for a termination of pregnancy during the first 10 weeks. The appellants challenged this decision by way of judicial review, arguing, inter alia, that it was unlawful as being without the powers conferred by the Abortion Act 1967 (as amended).’

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UK Human Rights Blog, 21st October 2020

Source: ukhumanrightsblog.com

Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

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Six Pump Court, 20th October 2020

Source: www.6pumpcourt.co.uk

Divorcing A Parent – Pallant Chambers

Posted October 21st, 2020 in chambers articles, children, divorce, families, news, parental responsibility by sally

‘A spoilt teenager may selfishly cry “I wish you weren’t my mum / dad anymore!” for dramatic effect, but in other families this can be the genuine plea of an abused child. Their desire to cut ties and to restrict the abusive parent’s involvement in their lives is usually understandable but is not always easy to do.’

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Pallant Chambers, 19th October 2020

Source: www.pallantchambers.co.uk

Furlough and administration: when is a contract of employment ‘adopted’? – Exchange Chambers

‘The Coronavirus Job Retention Scheme (the scheme) has been ground breaking for employers, employees and administrators of insolvent companies, each of whom have swiftly adjusted to the practical and commercial effects of the scheme. The scheme very quickly gave rise to applications to the High Court, by administrators of high-profile companies, for directions as to whether a contract of employment of a ‘furloughed employee’ had been ‘adopted’ by an administrator. If it was, the ‘wages or salary’ (which are defined by paragraph 99(6) of schedule B1 of the Insolvency Act 1986 (the Act) to include holiday pay and sick pay) would have super-priority over (a) the administrators’ remuneration and (b) a floating charge, under paragraph 99(3) and (4) of schedule B1 of the Act.’

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Exchange Chambers, 13th October 2020

Source: www.exchangechambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 21st, 2020 in legislation by tracey

The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) (Amendment) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 19) Regulations 2020

The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020

The Square Kilometre Array Observatory (Immunities and Privileges) Order 2020

The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020

The Universal Credit (Earned Income) Amendment Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 21st, 2020 in law reports by tracey

Supreme Court

Highbury Poultry Farm Produce Ltd, R (on the application of) v Crown Prosecution Service [2020] UKSC 39 (16 October 2020)

Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) [2020] UKSC 40 (16 October 2020)

Court of Appeal (Civil Division)

FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020)

JSC VTB Bank v Skurikhin & Ors [2020] EWCA Civ 1337 (21 October 2020)

RD, R (On the Application Of) v Secretary of State for Justice & Ors [2020] EWCA Civ 1346 (20 October 2020)

T and J (Children) [2020] EWCA Civ 1344 (20 October 2020)

DB Symmetry Ltd v Swindon Borough Council & Anor [2020] EWCA Civ 1331 (16 October 2020)

Court of Appeal (Criminal Division)

Townsend & Anor, R v [2020] EWCA Crim 1343 (19 October 2020)

High Court (Administrative Court)

Adamescu v Bucharest Appeal Court Criminal Division, Romania [2020] EWHC 2709 (Admin) (20 October 2020)

Rahim & Anor v Assize Court of Bolzano (Italy) [2020] EWHC 2748 (Admin) (16 October 2020)

High Court (Chancery Division)

Ganoun v Joshi & Anor [2020] EWHC 2743 (Ch) (21 October 2020)

Edwards & Ors v Hammersley [2020] EWHC 2740 (Ch) (19 October 2020)

Haque v Hussain & Ors [2020] EWHC 2739 (Ch) (16 October 2020)

Jackson & Anor v Alshammari & Ors [2020] EWHC 2685 (Ch) (16 October 2020)

BM Electrical Solutions Ltd & Anor v Belcher [2020] EWHC 2749 (Ch) (14 October 2020)

Robertson v Wojakovski [2020] EWHC 2737 (Ch) (14 October 2020)

High Court (Commercial Court)

A v B [2020] EWHC 2790 (Comm) (21 October 2020)

Clydesdale Financial Services Ltd v Nesbit Law Group LLP [2020] EWHC 2697 (Comm) (20 October 2020)

Alta Trading UK Ltd & Ors v Bosworth & Ors [2020] EWHC 2757 (Comm) (19 October 2020)

High Court (Family Division)

H (Interim Care: Scottish Residential Placement) [2020] EWHC 2780 (Fam) (20 October 2020)

Re X (Care Proceedings: Jurisdiction and Fact Finding) (Rev 1) [2020] EWHC 2742 (Fam) (19 October 2020)

A Local Authority v B (Dispensing with Service) [2020] EWHC 2741 (Fam) (19 October 2020)

A (A Child), Re [2020] EWHC 2784 (Fam) (16 October 2020)

High Court (Queen’s Bench Division)

Comberg v VivoPower International Services Ltd & Anor [2020] EWHC 2787 (QB) (20 October 2020)

Smith v Baker (Rev 1) [2020] EWHC 2776 (QB) (20 October 2020)

Smithson v Lynn & Anor [2020] EWHC 2517 (QB) (16 October 2020)

Needle v Swallowfield Plc [2020] EWHC 2759 (QB) (16 October 2020)

Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) (16 October 2020)

Howell v Evans & Anor [2020] EWHC 2729 (QB) (16 October 2020)

High Court (Technology and Construction Court)

Blue Manchester Ltd v North West Ground Rents Ltd [2020] EWHC 2777 (TCC) (20 October 2020)

BDW Trading Ltd v Lantoom Ltd [2020] EWHC 2744 (TCC) (16 October 2020)

Source: www.bailii.org

Grenfell personal injury claims – factual horror, legal interest and less obvious wellbeing implications – Doughty Street Chambers

‘The actions brought by survivors of the Grenfell disaster came to the High Court for the first time on Friday 2 October with judgment handed down on 14 October: De Costa & Ors v London Fire Commissioner & Ors [2020] EWHC 2718 (QB).’

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Doughty Street Chambers, 15th October 2020

Source: insights.doughtystreet.co.uk

Financial Remedy: OG v AG [2020] EWFC 52: Value of a business, Covid, Brexit and Beyond – Becket Chambers

‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’

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Becket Chambers, 2nd October 2020

Source: becket-chambers.co.uk

Immigration Health Surcharge To Increase on 27 October 2020 – Richmond Chambers

Posted October 21st, 2020 in chambers articles, fees, health, immigration, medical treatment, news by sally

‘The Immigration (Health Charge) (Amendment) Order 2020 (SI 2020 No. 1086) will come into force as law on 27 October 2020 after being signed by Kevin Foster, Parliamentary Under Secretary of State (Minister for Future Borders and Immigration) on 01 October 2020.’

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Richmond Chambers, 16th October 2020

Source: immigrationbarrister.co.uk