Dog walker in Sutton Coldfield faces missing pets prosecution – BBC News
‘A dog walker accused of losing several pets in her care is to be prosecuted for animal welfare offences.’
BBC News, 16th January 2020
Source: www.bbc.co.uk
Month: January 2020
Human rights court dismisses MI6 informant Wang Yam’s appeal – The Guardian
‘The European court of human rights has dismissed the appeal by the former Chinese dissident and MI6 informant Wang Yam that he had not had a fair trial because his defence evidence was held in secret on grounds of national security.’
The Guardian, 16th January 2020
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Administration of Estates Act 1925 (Fixed Net Sum) Order 2020
The Criminal Procedure (Amendment) Rules 2020
The Individual Savings Account (Amendment) Regulations 2020
The Child Trust Funds (Amendment) Regulations 2020
The Homes and Communities Agency (Transfer of Property etc.) Regulations 2020
Source: www.legislation.gov.uk
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Wheat v Google LLC [2020] EWHC 27 (Ch) (15 January 2020)
Musst Holdings v Astra Asset Management UK & Anor [2020] EWHC 22 (Ch) (15 January 2020)
High Court (Commercial Court)
Trans-Oil International SA v (Savoy Trading LP & Anor [2020] EWHC 57 (Comm) (16 January 2020)
Saab & Anor v Dangate Consulting Ltd & Ors [2020] EWHC 48 (Comm) (15 January 2020)
High Court (Queen’s Bench Division)
Wright v Granath [2020] EWHC 51 (QB) (16 January 2020)
Source: www.bailii.org
High Court judge rejects argument by council that unincorporated association did not have capacity to challenge site allocations plan- Local Government Lawyer
‘An unincorporated association does have capacity to bring both a judicial review and a statutory challenge, a High Court judge has ruled.’
Local Government Lawyer, 15th January 2020
Source: www.localgovernmentlawyer.co.uk
Terminating leases for repudiatory breach – Wilberforce Chambers
‘A repudiatory breach of a contract (or a renunciation) can be a powerful weapon in the hands of the innocent party to the contract – it gives them a choice:
– Affirm the contract – keep it ongoing, sue for specific performance of whatever contractual obligation the other party has breached, and/or claim damages suffered as a result of the breach; or
– Accept the repudiation – bring the contract to an end, discharging both parties from further performance, and claim damages for loss occasioned by the termination.’
Wilberforce Chambers, 8th January 2020
Source: www.wilberforce.co.uk
The right to manage – when procedural slips are non-fatal (Lexham House RTM Company Ltd v European Investments & Development (Properties) Ltd) – Falcon Chambers
‘The case demonstrates that a right-to-manage (RTM) company’s failure to serve a claim notice on a landlord of part of the premises will not amount to non-compliance with CLRA 2002, s 79(6) capable of invalidating the notice where, for all practical purposes, that landlord will not be affected by the RTM company’s assumption of the right to manage.’
Falcon Chambers, 7th January 2020
Source: www.falcon-chambers.com
Insurance claims – Reservation of rights & Late payment by insurers – Where are we now? – 4 New Square
‘Knowing when and how an insurer’s rights should be reserved is a key skill for anyone involved in handling insurance claims. Listen to this podcast to hear Alison Padfield QC’s thoughts on this controversial issue, together with an outline of the new legislation on damages for late payment of claims by insurers – and why she thinks the two topics might be linked.’
4 New Square, 14th January 2020
Source: www.4newsquare.com
One appeal, Two Bakers and Three tries at a fact finding – Transparency Project
‘In D (Fact-finding appeal) [2019] EWCA Civ 2302 (20 December 2019) Lord Justice Baker gives the lead judgment concerning an appeal from His Honour Judge Baker. The upshot is that, the question of the child’s injuries having been the subject of two attempts at fact finding by His Honour Judge Baker (one a re-hearing in light of fresh evidence), the matter will now have to go back to a fresh judge for a third try. The little girl at the heart of the case is now 5 years old, her injuries were sustained two years ago and, as a consequence of the need to restart the fact finding process, her future will likely remain undecided for some months yet. She has been in foster care for 2 years, as has her brother who is briefly mentioned in the judgment.’
Transparency Project, 15th January 2020
Source: www.transparencyproject.org.uk
The High Costs of Failure: Pursue the Claim at Your Peril! – Hardwicke Chambers
‘The First Claimant (“the Owner”) owned a marine vessel damaged by fire at sea. It brought an insurance claim against the Defendants (“the Underwriters”). The Second Claimant, the mortgagee of the vessel (“the Bank”), claimed an indemnity against the Underwriters pursuant to an insurance policy for the constructive total loss of the vessel by piracy.’
Hardwicke Chambers, 8th January 2020
Source: hardwicke.co.uk
Knife or offensive weapon offences at 10-year high in England and Wales – The Guardian
‘The number of knife or offensive weapon offences receiving cautions or convictions in England and Wales has hit a 10-year-high.’
The Guardian, 16th January 2020
Source: www.theguardian.com
Ombudsman criticises council for failing to properly involve complainant in assessment and support planning process – Local Government Lawyer
‘A council significantly delayed completing an assessment of a complainant’s social care needs, failed to complete a support plan before reducing his personal budget and failed to properly involve him in the assessment and support planning process, the Local Government and Social Care Ombudsman has found.’
Local Government Lawyer, 16th January 2020
Source: www.localgovernmentlawyer.co.uk
Prison sentences for fly-tippers as government announces new ‘waste police’ unit – Daily Telegraph
‘Fly-tippers will face prison, the environment secretary has said, as the government announces a new “waste police” unit.f
Daily Telegraph, 15th January 2020
Source: www.telegraph.co.uk
Judges’ sentencing in high-profile court cases to be televised – The Guardian
‘Judges sentencing convicted offenders in high-profile criminal cases in England and Wales, including murders, rapes and other serious offences, will be televised from later this year, the Ministry of Justice has said.’
The Guardian, 16th January 2020
Source: www.theguardian.com
Lessons learned from account forfeiture proceedings (NCA v Vlad Luca Filat) – 5 SAH
‘The Crown Court dismissed Vlad Luca Filat’s appeal against the decision to forfeit £500,000 held in three bank accounts in his name. The court held that the money derived from bribery and corruption offences committed by the appellant’s father, the former prime minister of Moldova, and was obtained by money laundering. The case was the National Crime Agency’s first contested account forfeiture application. James Fletcher, barrister at 5SAH Chambers, who appeared for the National Crime Agency, suggests that these types of applications are likely to be deployed more and more often.’
5 SAH, 14th January 2020
Source: www.5sah.co.uk
Strike out decision sent back over judge’s ‘lack of adequate reasoning’ – Law Society’s Gazette
‘An employment tribunal has been ordered to look again at whether a claim against a law firm should continue, after the judge’s initial decision was found to be inadequately explained.’
Law Society's Gazette, 15th January 2020
Source: www.lawgazette.co.uk
Service gateways—no English jurisdiction due to failure to show ‘substantial and efficacious acts committed within the jurisdiction’ (Manek & Ors v IIFL Wealth (UK) Ltd & Ors) – Hardwicke Chambers
‘The claimants sought to continue a fraudulent misrepresentation claim against two defendants who had been served out of the jurisdiction, but the Court held that the jurisdictional gateways relied upon under Practice Direction 6B were not made out.’
Hardwicke Chambers, 8th January 2020
Source: hardwicke.co.uk
Resident fails in High Court challenge to planning consent for sand and gravel extraction project – Local Government Lawyer
‘A local resident has seen all four grounds for judicial review rejected in her challenge to Shropshire Council’s planning consent for a sand and gravel extraction project.’
Local Government Lawyer, 16th January 2020
Source: www.localgovernmentlawyer.co.uk
Wellbeing charity and universities launch online resource promoting mental wellbeing practices for legal professionals – Local Government Lawyer
‘Legal mental health and wellbeing charity LawCare and academics at the University of Sheffield and The Open University have launched a free, online resource for legal professionals in hopes of teaching better wellbeing practices in the sector.’
Local Government Lawyer, 16th January 2020
Source: www.localgovernmentlawyer.co.uk
Solicitor duped by ‘fake’ wife fined for failing to check ID – Legal Futures
‘An experienced solicitor has been fined £20,000 for misconduct after being duped into accepting that a woman was who she said she was because he did not require documentary proof.’
Legal Futures, 16th January 2020
Source: www.legalfutures.co.uk
