Court of Appeal provides important guidance on late homelessness appeals, recognising the “difficulties faced by homelessness applicants in bringing an appeal… without legal advice and representation” – Garden Court Chambers

Posted February 6th, 2020 in appeals, chambers articles, homelessness, news, time limits by sally

‘Giving judgment in the case of Al-Ahmed v Tower Hamlets London Borough Council [2020] EWCA Civ 51 on 30 January 2020, the Court of Appeal gave important guidance on when a homeless applicant may be permitted to bring an appeal outside of the 21-day time limit, against a local authority’s decision on his or her homeless application. It rejected a High Court decision which had found that the requirements of bringing a homelessness appeal were not ‘especially sophisticated or taxing’ and therefore there was not a good reason why Mr Al Ahmed could not have issued the appeal as a litigant in person during the time limit.’

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Garden Court Chambers, 30th January 2020


National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) – Wilberforce Chambers

Posted February 6th, 2020 in banking, chambers articles, fraud, news, Russia by sally

‘Following an eight week trial in late 2018, the High Court has handed down judgment finding against the former majority shareholders of Russia’s National Bank Trust who were alleged to have misappropriated over $1billion of Bank funds via a sophisticated network of offshore companies.’

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Wilberforce Chambers, 27th January 2020


Sanderson v Guy’s and St Thomas’ NHS Foundation [2020] EWHC 20 (QB) – Parklane Plowden Chambers

Posted February 6th, 2020 in birth, causation, hospitals, news, personal injuries by sally

‘The Claimant suffered from moderately severe cerebral palsy resulting from a short period acute brain hypoxia in the minutes preceding her delivery in February 2002.’

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Parklane Plowden Chambers, 27th January 2020


Litigators confident that work will remain post-Brexit – Litigation Futures

Posted February 6th, 2020 in brexit, legal profession, legal services, news by sally

‘Most litigation lawyers (57%) believe there will not be significant loss of work to other jurisdictions in the wake of Brexit, a survey has found.’

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Litigation Futures, 6th February 2020


New Judgment: A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 [2020] UKSC 2 – UKSC Blog

‘This appeal arose as a result of an application made by the Attorney General for Northern Ireland under the Northern Ireland Act 1998, Schedule 10 paragraph 34. Paragraph 34 provides that the Attorney General may refer to the Supreme Court any devolution issue which is not the subject of proceedings. A devolution issue includes a question whether a purported exercise of a function by a Northern Ireland Department is or would be invalid by reason the 1998 Act, s.24. S. 24(1)(a) provides that a Department of Northern Ireland has no power to make, confirm or approve any subordinate legislation, or to do any act, so far as the legislation or act is incompatible with any of the rights guaranteed by the European Convention on Human Rights.’

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UKSC Blog, 5th February 2020


Royal Mail sued by postwoman for £50,000 after dog bit off two fingers during rounds amid claims she wasn’t warned about animal – Daily Telegraph

Posted February 6th, 2020 in dogs, news, personal injuries, postal service by sally

‘A postwoman whose fingers were bitten off by a dog as she put a card through a letterbox is suing Royal Mail for £50,000 compensation.’

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Daily Telegraph, 5th February 2020


New Judgment: R (Samuel Smith Old Brewery (Tadcaster) & Ors) v North Yorkshire County Council [2020] UKSC 3 – UKSC Blog

Posted February 6th, 2020 in environmental protection, local government, news, planning, Supreme Court by sally

‘This issue in this appeal was whether the local planning authority, properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework.’

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UKSC Blog, 5th February 2020


The final constitutional steps to withdrawal – Brexit Law

Posted February 6th, 2020 in brexit, constitutional law, news, treaties by sally

‘At 11 pm GMT on 31 January 2020, the UK left the EU. But what final steps had to be taken for this to happen lawfully?’

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Brexit Law, 6th February 2020


Recent Statutory Instruments –

Posted February 6th, 2020 in legislation by tracey

The Trade in Animals and Related Products (Amendment) Regulations 2020

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2020

The Income Tax (Pay As You Earn) (Amendment) Regulations 2020

The Communications (Television Licensing) (Amendment) Regulations 2020

The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2020

The Utilities Act 2000 (Amendment of Section 105) Order 2020

The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020

The Authorised Court Staff (Legal Advice Functions) Qualifications Regulations 2020

The Electricity and Gas (Internal Markets) Regulations 2020

The Merchant Shipping (Ship-to-Ship Transfers) Regulations 2020

The Civil Procedure (Amendment) Rules 2020

The Electricity and Gas (Standards of Performance) (Suppliers) (Amendment) Regulations 2020


Home Office told to act as detainees unable to contact lawyers – The Guardian

Posted February 6th, 2020 in deportation, detention, legal representation, news, telecommunications by sally

‘The Home Office has been accused of holding immigration detainees effectively incommunicado, with a lack of mobile signal preventing them from contacting lawyers or family, days before a mass deportation flight to Jamaica.’

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The Guardian, 5th February 2020


BAILII: Recent Decisions

Posted February 6th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

First National Trustco (UK) Ltd & Anor v McQuitty & Ors [2020] EWCA Civ 107 (05 February 2020)

Hajiyeva v National Crime Agency [2020] EWCA Civ 108 (05 February 2020)

Guest Services Worldwide Ltd v Shelmerdine [2020] EWCA Civ 85 (04 February 2020)

High Court (Administrative Court)

Gluck v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWHC 161 (Admin) (31 January 2020)

High Court (Chancery Division)

Carter Moore Solicitors Ltd, Re [2020] EWHC 186 (Ch) (04 February 2020)

Red Bull GmbH v Big Horn UK Ltd & Ors [2020] EWHC 124 (Ch) (30 January 2020)

High Court (Commercial Court)

Manchester Shipping Ltd v Balfour Shipping Ltd & Anor [2020] EWHC 164 (Comm) (04 February 2020)

Yukos Hydrocarbons Investments Ltd v Georgiades & Anor [2020] EWHC 173 (Comm) (04 February 2020)

High Court (Family Division)

Rotherham Metropolitan Borough Council v ZZ & Ors [2020] EWHC 185 (Fam) (05 February 2020)

Lancashire County Council v E & F [2020] EWHC 182 (Fam) (04 February 2020)

M & F (Children) [2020] EWHC 162 (Fam) (03 February 2020)

High Court (Queen’s Bench Division)

Dyson & Anor v Associated Newspapers Ltd [2020] EWHC 188 (QB) (05 February 2020)

Hutchinson v Mapfre Espana Compania De Seguros Y Reaseguaros SA. & Anor [2020] EWHC 178 (QB) (04 February 2020)

Brady v Southend University Hospital NHS Foundation Trust [2020] EWHC 158 (QB) (31 January 2020)

High Court (Technology and Construction Court)

Goldman & Ors v Zurich Insurance Plc & Anor [2020] EWHC 192 (TCC) (05 February 2020)


Chief Constable of Essex Police v Transport Arendonk BVBA (2020) – St Pauls Chambers

Posted February 6th, 2020 in chambers articles, duty of care, negligence, news, police, statutory duty by sally

‘A recorder had been correct not to strike out a negligence claim against a police force brought by the owner of cargo stolen from a lorry parked in a secluded lay-by at night while the driver was held at a police station on suspicion of drink driving. The possibility of a duty of care owed by the police was not precluded by statute, and there were no authorities that resolved the issue. The matter needed a full trial of the evidence.’

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St Pauls Chambers, 31st January 2020


Law firm discriminated against disabled paralegal – Legal Futures

Posted February 6th, 2020 in disability discrimination, law firms, news, paralegals by sally

‘A law firm discriminated against a seriously ill paralegal by dismissing him after only three months while he was on sick leave, an employment tribunal has ruled’

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Legal Futures, 6th February 202


Government to be challenged in court over Prevent reviewer – The Guardian

Posted February 6th, 2020 in crime prevention, Islam, news, police, terrorism by sally

‘The government’s failure to appoint an independent reviewer of its Prevent strategy and assess the controversial de-radicalisation programme’s effectiveness is to be challenged in court.’

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The Guardian, 6th February 2020


Iderval da Silva death: Three jailed for killing Uber Eats driver – BBC News

Posted February 6th, 2020 in homicide, murder, news, sentencing, young offenders by sally

‘Three teenagers have been jailed for killing an Uber Eats delivery driver when he tried to stop them stealing his moped.’

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BBC News, 5th January 2020


Statutory incompatibility following historic NHS win in Supreme Court – Exchange Chambers

Posted February 6th, 2020 in commons, land registration, local government, news, Supreme Court by sally

‘Bill Hanbury, Head of the Property Department at Exchange Chambers, explains the importance of the recent Supreme Court decision in R (on the application of Lancashire County Council) (Appellant) v Secretary of State for the Environment, Food and Rural Affairs and another (Respondents) and R (on the application of NHS Property Services Ltd) (Appellant) v Surrey County Council and another (Respondents) [2019] UKSC 58. In this article, he explains why it is important to those clients who are public bodies facing hostile town and village green (TVG) applications.’

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Exchange Chambers, 28th January 2020


‘Casual sexism is still prevalent’: how close is the law to gender equality? – The Guardian

‘Almost 100 years ago, Dr Ivy Williams joined the Inner Temple as a law student. In 1922, three years after the Sex Disqualification Removal Act, she became the first woman to be called to the bar in this country. Most people have never heard of her. Although she never entered private practice, she taught law for 25 years and gave free legal advice to those who couldn’t afford it. A tireless activist and campaigner, her example paved an important road.’

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The Guardian, 4th February 2020


“Arising out the use of a vehicle?” Common sense definition prevails – Park Square Barristers

Posted February 6th, 2020 in insurance, news, personal injuries, taxis, theft by sally

‘In Neil Carroll v Michael Taylor, Michael Doyle, Emms Taxis Limited & QBE Insurance (Europe) Limited [2020] EWHC 153 QB the facts were relatively straightforward; Mr Carroll hailed a black cab driven by the First Defendant and owned by the Second Defendant after a night out drinking. Rather than taking him home, the First Defendant firstly stole his debit card (in fact swopping it for the debit card he had stolen from a previous fare) and then secondly when the First Defendant asked him to stop so he could get cash out, watched as the First Defendant (presumably repeatedly) put in his pin number, not realising that his attempt to obtain cash was doomed to failure as he was using somebody else’s card. Having thus obtained his pin number, the First Defendant then drove away leaving Mr Carroll stranded (and indeed within a short period of time removed £220 from Mr Carroll’s account with the ill-gotten card and pin number).’

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Park Square Barristers, 31st January 2020


Helen McCourt killer’s release confirmed as mother loses legal bid – The Guardian

Posted February 6th, 2020 in bereavement, bills, disclosure, families, murder, news, parole, victims by sally

‘The killer of Helen McCourt is due to be freed from prison next week despite never revealing where he hid her remains.’

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The Guardian, 5th February 2020


Why do some people fear change to e-scooter laws? – BBC News

Posted February 6th, 2020 in consultations, motorcycles, news, road safety, road traffic by sally

‘The government is to hold a consultation on the use of e-scooters, currently banned on public roads, pavements and cycle lanes. Campaigners have called for tighter regulations, but would people welcome a law change?’

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BBC News, 6th February 2020