Month: February 2020
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Foy, R. v [2020] EWCA Crim 270 (27 February 2020)
High Court (Administrative Court)
High Court (Commercial Court)
Hall v Saunders Law Ltd & Ors [2020] EWHC 404 (Comm) (27 February 2020)
High Court (Queen’s Bench Division)
ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB) (28 February 2020)
Source: www.bailii.org
Hanna Wilberg: A Duty of Consistency? The Missing Distinction Between Its Two Forms – UK Constitutional Law Association
‘In R (Gallaher Group Ltd) v Competition and Markets Authority the Supreme Court ruled that UK domestic law “does not recognise equal treatment as a distinct principle of administrative law. Consistency … is a “generally desirable” objective, but not an absolute rule.” (para 24). It took the view that issues of consistency generally arise as aspects of the irrationality ground (paras 26, 50). This ruling has been seen as putting in doubt the previously established duty to decide consistently with relevant policy guidelines. In this post, I will show that the scope of the ruling does not extend this far.’
UK Constitutional Law Association, 27th February 2020
Source: ukconstitutionallaw.org
Claimant who exited portal by error avoids fixed costs – Litigation Futures
‘A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs, the High Court has ruled.’
Litigation Futures, 27th February 2020
Source: www.litigationfutures.com
77-year-old man jailed for 22 years for online child sexual offences – Crown Prosecution Service
‘A 77-year-old man who watched and paid for the online sexual abuse of young children in the Philippines has been sentenced to 22 years’ imprisonment.’
Crown Prosecution Service, 27th February 2020
Source: www.cps.gov.uk
Tommy Adams ordered to repay £1.24m for dirty cash laundering operation – Crown Prosecution Service
‘Thomas “Tommy” Adams has been ordered to repay £1,243,270.75 for his part in a dirty cash laundering network. Adams ran a money laundering operation with his associates, which was foiled in 2014 when undercover police heard him discussing the illicit activity at a central London café.’
Crown Prosecution Service, 27th February 2020
Source: www.cps.gov.uk
Whiplash reforms delayed as MoJ removes claimants’ safety net – Law Society’s Gazette
‘Justice secretary Robert Buckland QC MP has finally confirmed that the RTA portal for whiplash claims is being delayed.’
Law Society's Gazette, 27th February 2020
Source: www.lawgazette.co.uk
New support plan to improve jails – Ministry of Justice
‘A new intensive support programme will help challenging jails to improve safety and rehabilitation, Prisons Minister Lucy Frazer announced today (28 February 2020).’
Ministry of Justice, 28th February 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
Hammer-wielding trans woman escapes prison after judge hears there was no way to confirm her gender – Daily Telegraph
‘A trans woman who threatened shop staff with a claw hammer escaped prison after a court heard there was no way to confirm her gender.
Daily Telegraph, 27th February 2020
Source: www.telegraph.co.uk
Climate campaigners win Heathrow expansion case – BBC News
‘Controversial plans for a third runway at Heathrow Airport have been thrown into doubt after a court ruling.’
BBC News, 27th February 2020
Source: www.bbc.co.uk
Short shrift for bias and recusal submissions in police misconduct hearings – UK Police Law Blog
‘In R (Short) v (1) Police Misconduct Tribunal (2) Chief Constable of Bedfordshire Police [2020] EWHC 385 (Admin), Mr Justice Saini delivered a resounding reaffirmation that misconduct hearing panels are well able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and that they are able to determine their own procedures, just like civil courts and tribunals.’
UK Police Law Blog, 27th February 2020
Source: ukpolicelawblog.com
I tort I was covered? Management companies procuring maintenance works – a common pitfall – Practical Law Construction Blog
‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’
Practical Law Construction Blog, 26th February 2020
Asylum, Iran and “genuine conversion”: PS (Christianity – risk) – Law & Religion UK
‘What is “genuine conversion” to Christianity for the purposes of an asylum claim by a fugitive from Iran? In PS (Christianity – risk) Iran CG [2020] UKUT 46 (IAC), the Immigration and Asylum Chamber of the Upper Tribunal considered the current Country Guidance on asylum-seekers from Iran in the light of two questions: whether the situation in Iran for “ordinary” converts to Christianity had changed since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 00082; and whether there was a real risk of persecution for persons who had engaged in Christian activities abroad, regardless of whether or not they held a genuine religious belief in Christianity.’
Law & Religion UK, 27th February 2020
Source: www.lawandreligionuk.com
Strasbourg Court rules against UK on police retention of data – UK Human Rights Blog
‘Can the police indefinitely retain an individual’s DNA profile, fingerprints and photograph after they have been convicted? That was the question before the European Court of Human Rights (ECtHR) in Gaughran v UK (no. 45245/15, ECHR 2020). This judgment — which was given for the applicant — is of interest both on the merits and as an example of the way the Court continues to approach issues of this kind.’
UK Human Rights Blog, 26th February 2020
Source: ukhumanrightsblog.com
Supreme Court: ICSID award enforceable as state aid investigation continues – OUT-LAW.com
‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’
OUT-LAW.com, 26th February 2020
Source: www.pinsentmasons.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Plan B Earth v Secretary of State for Transport [2020] EWCA Civ 214 (27 February 2020)
High Court (Commercial Court)
Pipia v Bgeo Group Ltd [2020] EWHC 402 (Comm) (26 February 2020)
Source: www.bailii.org
The treatment of future earnings – Family Law
‘We are approaching 20 years since the seminal House of Lords decision in White v White [2000] UKHL 54, yet the judicial debate as to how to implement the principle it established, that there should be no discrimination between breadwinner and homemaker in financial arrangements on divorce, remains alive.’
Family Law, 26th February 2020
Source: www.familylaw.co.uk
Funder exposed to costs as CoA says Arkin rule not binding – Law Society’s Gazette
‘The Court of Appeal has ruled that a litigation funder can be exposed to higher costs than those they committed to backing a claim in a ruling that will send shock-waves through the sector.’
Law Society's Gazette, 26th February 2020
Source: www.lawgazette.co.uk
