Recent Statutory Instruments – legislation.gov.uk

Posted June 5th, 2020 in legislation by tracey

The Electricity (Individual Exemption from the Requirement for a Supply Licence) (E.ON UK CHP Limited) (England) Order 2020

The Mobile Homes Act 2013 (Commencement No. 2) (England) Order 2020

Source: www.legislation.gov.uk

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station – Local Government Lawyer

Posted June 5th, 2020 in news by sally

‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Cricketer who joked about ‘dragging the birds back’ appeals five-year rape sentence – Daily Telegraph

Posted June 5th, 2020 in news by sally

‘A former professional cricketer who joked about “dragging the birds back” as part of a WhatsApp sexual conquest game has appealed a five year sentence by claiming the comments did not prove he would ignore consent.’

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Daily Telegraph, 4th June 2020

Source: www.telegraph.co.uk

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in news by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

BAILII: Recent Decisions

Posted June 5th, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Westwood, R v [2020] EWCA Crim 598 (06 May 2020)

Mustafa v The Environment Agency [2020] EWCA Crim 597 (06 May 2020)

High Court (Administrative Court)

Amajane (aka Adam Mansori) v Amtsgericht Tiergarten, Federal Republic of Germany [2020] EWHC 1446 (Admin) (04 June 2020)

Khan v Governor of HMP The Mount & Anor [2020] EWHC 1367 (Admin) (04 June 2020)

Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor [2020] EWHC 1400 (Admin) (04 June 2020)

HE, R (on the application of) v The Lord Chancellor [2020] EWHC 1411 (Admin) (04 June 2020)

High Court (Chancery Division)

Akkurate Ltd, Re [2020] EWHC 1433 (Ch) (04 June 2020)

Manchester United Football Club Ltd v Sega Publishing Europe Ltd & Anor [2020] EWHC 1439 (Ch) (04 June 2020)

High Court (Commercial Court)

RP Explorer Ltd v Malhotra & Anor [2020] EWHC 1225 (Comm) (04 June 2020)

SPC Aviation Ltd v Air Link One Ltd [2020] EWHC 1419 (Comm) (04 June 2020)

MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG & Ors [2020] EWHC 1371 (Comm) (04 June 2020)

High Court (Queen’s Bench Division)

Paul & Anor v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB) (04 June 2020)

SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1432 (QB) (04 June 2020)

Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) (04 June 2020)

Source: www.bailii.org

Post-termination Restrictive Covenants & Constructive Dismissal – Square Global Limited v Leonard [2020] EWHC 1008 (QB) – 3PB

Posted June 5th, 2020 in news by sally

‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Coronavirus: Court action threatened over school meal vouchers – BBC News

Posted June 5th, 2020 in news by sally

‘Campaigners have threatened to bring legal action against the government for not providing free school meal vouchers during the summer.’

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BBC News, 5th June 2020

Source: www.bbc.co.uk

No well-tuned cymbal: fairness in judges – UK Human Rights Blog

Posted June 5th, 2020 in news by sally

‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’

Full Story

UK Human Rights Blog, 4th June 2020

Source: ukhumanrightsblog.com

Black lawyers launch initiative to fight racial injustice – Legal Futures

Posted June 5th, 2020 in news by sally

‘A group of lawyers has begun crowdfunding to support a new initiative aiming to combat racial injustice by facilitating access to justice, funding and legal representation.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton) – 5SAH

Posted June 5th, 2020 in news by sally

‘The Court of Appeal affirmed in the case of R v Barton that the test for dishonesty to be used in criminal proceedings is that set out in obiter dicta by the Supreme Court in Ivey v Genting Casinos UK (t/a Cockfords Club), expressly overruling the two-stage test set out in R v Ghosh. Modifying (albeit to a limited extent) the principle of stare decisis, the court held that, in limited circumstances, where the Supreme Court directs, obiter dicta, that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow that direction. The test in Ivey ensures dishonesty is objectively assessed by reference to society’s standards, rather than the defendant’s own understanding of what is dishonest. This resolves the problematic second limb of the Ghosh test.’

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5SAH, 18th May 2020

Source: www.5sah.co.uk

Thousands of UK tenants face losing home when eviction ban ends – The Guardian

Posted June 5th, 2020 in news by sally

‘Thousands of tenants who have struggled to pay rent during the pandemic lockdown face the prospect of losing their home from the end of the month when the government’s temporary ban on evictions ends, housing campaigners have warned.’

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The Guardian, 4th June 2020

Source: www.theguardian.com

Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19 – 3PB

Posted June 5th, 2020 in news by sally

‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Top judges call for ADR “acceleration” in face of Covid-19 – Litigation Futures

Posted June 5th, 2020 in news by sally

A group of senior former judges and legal academics has called for an acceleration in the take-up of alternative dispute resolution (ADR) in the face of commercial contract disputes arising from Covid-19.

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Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

Riley Siswick death: Senior detective cleared over toddler murder inquiry – BBC News

Posted June 5th, 2020 in news by sally

‘An “exceptional” senior detective has been cleared of allegations he failed to conduct a thorough investigation into the death of a three-year-old boy.’

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BBC News, 5th June 2020

Source: www.bbc.co.uk

The new Immigration Bill-could it cause another Windrush Scandal? – Doughty Street Chambers

Posted June 5th, 2020 in news by sally

‘This week the House of Commons heard the second reading of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2020 (the Immigration Bill), and given the Government’s majority it is likely to become law unamended. The Explanatory Notes of the Bill set out inter alia the Government’s intention to deliver, following the end of EU free movement, a “new points-based immigration system to attract the brightest and best talent from around the world” from 1st January 2021. On the face of it, this is a legitimate aim, but what could be the possible implications for immigrants currently living and working in the UK? An important report that understandably did not receive much media attention when it was published on the 19th March 2020, is the Windrush, Lessons Learned Review (the Review), the independent assessment of the events leading up to the Windrush Scandal. One needs to recollect that, as the Review notes, the Windrush Scandal affected “hundreds, and possibly thousands of people, directly or indirectly”, including at least 83 people who were unlawfully removed. Many of those affected were working in so-called lower-skilled occupations, in the NHS, in public transport and in adult social care. The Review provides 30 recommendations for change and improvement within the Home Office in order to avoid a repetition of the Windrush Scandal, which it recommends should be implemented in full. A formal response to the Review, including the recommendations, was accepted by the Home Secretary to be given within six months, including the asking of “difficult questions needed to ensure that these circumstances can never arise again”.’

Full Story

Doughty Street Chambers, 27th May 2020

Source: insights.doughtystreet.co.uk

UK equality watchdog to launch inquiry into entrenched racism – The Guardian

Posted June 5th, 2020 in news by sally

‘The UK’s equality watchdog is launching an inquiry into “long-standing, structural race inequality”, which has been thrown into stark relief by the coronavirus pandemic.’

Full Story

The Guardian, 5th June 2020

Source: www.theguardian.com

Changes to terms and conditions; Individual and Collective Redundancy Consultation – 3PB

Posted June 5th, 2020 in news by sally

‘With employees starting to return to work (be that on a part-time basis or otherwise) and employers continuing to assess the viability of their businesses as going concerns, how might employers make changes to an employees’ contractual terms lawfully in order to avoid redundancies, for instance agreeing a reduction in wages?’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Compulsory Purchase in the time of Coronavirus – an update – 4-5 Gray’s Inn Square

Posted June 4th, 2020 in chambers articles, compulsory purchase, coronavirus, news by sally

‘The guidance is aimed at acquiring authorities. However, it is equally important for those on the other side to know the changing expectations. The most notable change is in respect of forthcoming Compulsory Purchase Orders (‘CPOs’). This article provides a summary of and commentary on the latest guidance.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

COVID-19 and Insolvency Law: Key Implications of th – 3 Hare Court

Posted June 4th, 2020 in bills, chambers articles, coronavirus, insolvency, news by sally

‘The COVID-19 pandemic has caused unprecedented disruption to the economy and to businesses, many of whom are now facing significant financial difficulty. The Government presented the Corporate Insolvency and Governance Bill to Parliament on 20 May 2020 (“the Bill”). The Bill includes several provisions designed to guard against a deluge of insolvencies during this period and, if enacted, will operate retrospectively.’

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3 Hare Court, 2nd June 2020

Source: www.3harecourt.com

High Court rules employer had to pay settlement even after ex-employee breached confidentiality clause – Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB) – 3PB

Posted June 4th, 2020 in confidentiality, dispute resolution, employment tribunals, news by sally

‘In Duchy Farm Kennels Ltd v Steels [2020] EWHC 1208 (QB), the High Court addressed the consequences of a party breaching the confidentiality clause in a COT3 settlement, noting that the issue of law arising regarding the status of the clause had not been the subject of a previous appellate ruling.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk