Month: February 2020

Crown Court (Recording and Broadcasting) Order 2020: Questions We Should Be Asking – KCH Garden Sq

Posted February 6th, 2020 in chambers articles, Crown Court, media, news, video recordings by sally

‘When we think of televised court proceedings our minds instantly turn to the catchy maxim – ‘if it doesn’t fit, you must acquit’. Johnnie Cochran’s words, spoken during the defence team’s closing argument of OJ Simpson’s trial, came to embody a sensational trial which was televised over 134 days. And who can forget the footage of OJ, putting on the black gloves and showing his hands to the judge and jury? Then we fast forward to 2016, and the world watched as Oscar Pistorius – Paralympic champion and breaker of glass ceilings – walked across the courtroom on his stumps at his resentencing hearing for the murder of Reeva Steenkamp.’

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KCH Garden Sq, 29th January 2020

Source: kchgardensquare.co.uk

Having the last word in financial remedies – Becket Chambers

Posted February 6th, 2020 in divorce, evidence, financial provision, housing, news by sally

‘The recent case of AR v ML [2019] EWFC 56 is a cautionary tale against adducing further evidence at a late stage in an attempt to have the last say within financial remedy proceedings.’

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Becket Chambers, 3rd February 2020

Source: becket-chambers.co.uk

Property Newsletter: January 2020 – Hardwicke Chambers

Posted February 6th, 2020 in chambers articles, injunctions, landlord & tenant, news, travellers by sally

‘In this month’s newsletter Daniel Gatty considers airspace, subsoil and rights of first refusal, in an article in part taken from his recent book, A Practical Guide to Rights over Airspace and Subsoil, available to purchase: here.’

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Hardwicke Chambers, January 2020

Source: hardwicke.co.uk

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

Source: www.gardencourtchambers.co.uk

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

Source: www.wilberforce.co.uk

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

Source: www.parklaneplowden.co.uk

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

Source: www.litigationfutures.com

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

Posted February 6th, 2020 in attorney general, benefits, devolution issues, human rights, news, Northern Ireland, Supreme Court by sally

‘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

Source: ukscblog.com

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

Source: www.telegraph.co.uk

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

Source: ukscblog.com

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

Source: brexit.law

Recent Statutory Instruments – legislation.gov.uk

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

Source: www.legislation.gov.uk

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

Source: www.theguardian.com

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)

Source: www.bailii.org

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

Source: www.stpaulschambers.com

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

Source: www.legalfutures.co.uk

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

Source: www.theguardian.com

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

Source: www.bbc.co.uk

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

Source: www.exchangechambers.co.uk

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

Posted February 6th, 2020 in diversity, equality, legal profession, minorities, news, race discrimination, sex discrimination, women by sally

‘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

Source: www.theguardian.com