BAILII: Recent Decisions
Court of Appeal (Civil Division)
Fiberweb Geosynthetics Ltd v Geofabrics Ltd [2021] EWCA Civ 854 (11 June 2021)
Britvic Plc v Britvic Pensions Ltd & Anor [2021] EWCA Civ 867 (10 June 2021)
Robinson v Al-Qasimi [2021] EWCA Civ 862 (10 June 2021)
High Court (Administrative Court)
Peikauskas v Prosecutor Generals Office (Lithuania) [2021] EWHC 1537 (Admin) (10 June 2021)
High Court (Chancery Division)
Cole v Premiere Care Holdings Ltd & Ors [2021] EWHC 1595 (Ch) (10 June 2021)
High Court (Commercial Court)
High Court (Family Division)
Greater Manchester Police v Zuniga & Ors [2021] EWHC 1572 (Fam) (10 June 2021)
Source: www.bailii.org
No defence, no reasonableness – service charges and referral to the Tribunal. – Nearly Legal
‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’
Nearly Legal, 6th June 2021
Source: nearlylegal.co.uk
Property guardians, council properties, licensable HMOs and RROs against directors – Nearly Legal
‘I somehow missed this fascinating rent repayment order application decision back in February, and just had my attention drawn to it by a remarkably dimwitted rule 13 costs application decision on the same case (on which more later on). There are a lot of interesting and important issues addressed in the First Tier Tribunal decision in: 49 Russell Hill Road, Croydon, CR8 2XB ((Housing) Act 2004 and Housing and Planning Act 2016 – Rent repayment orders) (2021) UKFTT LON_00AH_HMK_2020_0021.’
Nearly Legal, 9th June 2021
Source: nearlylegal.co.uk
The limits of a reply – Practical Law: Construction Blog
‘A claimant who receives a defence is not required to take any further step in relation to the statements of case. It can consider the pleadings closed and seek to move on to directions, disclosure, evidence and ultimately trial. Nevertheless, sometimes the claimant will want to react to or deal with the allegations made in the defence.’
Practical Law: Construction Blog, 9th June 2021
Lewis Graham: Suspended and prospective quashing orders: the current picture – UK Constitutional Law Association
‘The government is currently pursuing reform of judicial review remedies. Out of the many possibilities canvassed over the last year or so, two proposals in particular have emerged as likely contenders for legislative action: suspended quashing orders and prospective quashing orders. In this post, I examine these proposals, alongside the court’s existing powers in relation to issuing quashing orders, in order to discern what the real impact of any legislative intervention would be.’
UK Constitutional Law Association, 7th June 2021
Source: ukconstitutionallaw.org
Failure to remove claims and section 20 accommodation – Local Government Lawyer
‘A High Court Master has recently considered whether in ‘failure to remove’ cases where a child has been accommodated under section 20, the accommodation of the child gives rise to a duty of care by way of assumption of responsibility, even if other steps taken by the local authority do not do so. Paul Stagg analyses the ruling.’
Local Government Lawyer, 11th June 2021
Source: www.localgovernmentlawyer.co.uk
Terminating a father’s responsibility for the child – Local Government Lawyer
‘Fran Massarella reports on a recent case concerning an application to terminate a father’s responsibility for the child pursuant to s.4(2A) of the Children Act 1989.’
Local Government Lawyer, 11th June 2021
Source: www.localgovernmentlawyer.co.uk
Law Commission seek views on corporate criminal liability – Law Commission
‘The Law Commission is seeking views on whether, and how, the law relating to corporate criminal liability can be improved so that they appropriately capture and punish criminal offences committed by corporations, and their directors or senior management.’
Law Commission, 9th June 2021
Source: www.lawcom.gov.uk/
Research Briefing: Unification of probation services – House of Commons Library
‘This briefing discusses the new unified model for probation services being brought in from 26 June 2021’
House of Commons Library , 7th June 2021
Source: commonslibrary.parliament.uk
Research Briefing: Coronavirus: the lockdown laws – House of Commons Library
‘This Library briefing paper explains the types of coronavirus restrictions and requirements imposed by the UK’s lockdown laws.’
House of Commons Library, 10th June 2021
Source: commonslibrary.parliament.uk
Duncan Lewis issues JR proceedings over immigration reforms – Law Society’s Gazette
‘Controversial immigration reforms that could see lawyers hit with wasted costs looks set to be the centre of a High Court showdown. High-profile firm Duncan Lewis announced yesterday that it has issued judicial review proceedings on behalf of five clients over the Home Office’s New Plan for Immigration consultation, which closed last month.’
Law Society's Gazette, 10th June 2021
Source: www.lawgazette.co.uk
Wide-ranging concerns’: Law Society opposes remote juries – Law Society’s Gazette
‘Remote juries could jeopardise the security of court proceedings, alienate participants, and prove more expensive than in-person hearings, the Law Society has warned.’
Law Society's Gazette, 10th June 2021
Source: www.lawgazette.co.uk
When Two Worlds Collide – the interplay of SGOs and care orders in light of F v G [2021] EWCA Civ 622 – Family Law Week
‘Madeleine Whelan, barrister of Fourteen, analyses a recent Court of Appeal case that highlights the flexibility of the Children Act.’
Family Law Week, 9th June 2021
Source: www.familylawweek.co.uk
Ex-police officer who tracked wife with GPS spared same fate Published14 hours ago – BBC News
‘A controlling husband who planted a GPS device in his wife’s car objected to being tracked himself as punishment.’
BBC News, 10th June 2021
Source: www.bbc.co.uk
Romance fraud reports soar by 40% during coronavirus pandemic, says Which? – The Independent
‘Romance scam reports have soared during the coronavirus pandemic, according to Which? The consumer group’s analysis of Action Fraud data found romance fraud reports were up by 40% in the year to April 2021, compared with the previous year, with more than 7,500 reported scams.’
The Independent, 11th June 2021
Source: www.independent.co.uk
More than one in 10 terror suspects arrested in Britain is a child, figures show – The Independent
‘More than one in 10 terror suspects arrested in Britain is a child, figures reveal amid mounting concerns over online radicalisation. Thirteen per cent of those arrested in the 12 months to March under terrorism laws were aged under 18, up five per cent.’
The Independent, 10th June 2021
Source: www.independent.co.uk
Man jailed for karate kicking fisherman, 74, into River Mersey – BBC News
‘A man who karate kicked a 74-year-old fisherman into the River Mersey has been jailed for 10 weeks.’
BBC News, 10th June 2021
Source: www.bbc.co.uk
News Woman wins appeal against losing job for tweets about transgender people – The Independent
‘A woman who lost her job after tweeting that men cannot change their biological sex has won her appeal against an employment tribunal.’
The Independent, 10th June 2021
Source: www.independent.co.uk
Aram Sheibani: International drugs boss with luxury lifestyle jailed – BBC News
‘A man who was the “very head” of a large-scale international drugs conspiracy with links to Colombia has been jailed.’
BBC News, 10th June 2021
Source: www.bbc.co.uk
