Woman’s attraction to chandeliers not a sexual orientation, Ipso says – The Guardian

‘A woman in a long-term relationship with a 92-year-old German chandelier has been told that her attraction to historic light fittings is not considered to be a protected sexual orientation.’

Full Story

The Guardian, 14th April 2020

Source: www.theguardian.com

High Court strikes off medical reports doctor for contempt – Litigation Futures

‘A doctor who received a suspended sentence for contempt of court over a false medical report has been erased from the medical register by the High Court.’

Full Story

Litigation Futures, 14th April 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 14th, 2020 in legislation by tracey

The Coronavirus Act 2020 (Commencement No. 2) Regulations 2020

The Private Security Industry (Licence Fees) Order 2020

The Judicial Pensions and Fee-Paid Judges’ Pension Schemes (Contributions) (Amendment) Regulations 2020

The Elections (Policy Development Grants Scheme) (Amendment) (No. 2) Order 2020

The Posted Workers (Agency Workers) Regulations 2020

The Motor Vehicles (Tests) (Amendment) (Coronavirus) Regulations 2020

The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) Regulations 2020

The District Probate Registries (Amendment) Order 2020

The Merchant Shipping (Tonnage) (Amendment) Regulations 2020

The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2020

The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020

The Justices of the Peace and Authorised Court and Tribunal Staff (Costs) Regulations 2020

The Social Security (Coronavirus) (Further Measures) Amendment Regulations 2020

The Offshore Installations (Safety Zones) Order 2020

The Offender Management Act 2007 (Coronavirus) (Approved Premises) (Amendment) Regulations 2020

The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020

The Armed Forces Act (Continuation) Order 2020

The Local Government and Police and Crime Commissioner (Coronavirus) (Postponement of Elections and Referendums) (England and Wales) Regulations 2020

The Social Security (Coronavirus) (Prisoners) Regulations 2020

The Social Fund Funeral Expenses Payment (Coronavirus) (Amendment) Regulations 2020

The Accounts and Audit (Coronavirus) (Amendment) Regulations 2020

The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020

The National Health Service (Performers Lists) (England) (Coronavirus) (Amendment) Regulations 2020

The Grants to the Churches Conservation Trust Order 2020

The Electronic Monitoring (Responsible Persons) (Coronavirus) (Amendment) Order 2020

The Criminal Procedure (Amendment No. 2) (Coronavirus) Rules 2020

The Tribunal Procedure (Coronavirus) (Amendment) Rules 2020

The Employment Appeal Tribunal (Coronavirus) (Amendment) Rules 2020

The Care of Cathedrals (Amendment) Rules 2020

The Church Representation Rules (Amendment) Resolution 2020

Source: www.legislation.gov.uk

Law firm defeats broker’s claim for £100k introducer fee – Legal Futures

Posted April 14th, 2020 in fees, financial dispute resolution, law firms, loans, news by sally

‘A Liverpool law firm has defeated the claim of a finance broker who sought a £100,000 fee for introducing it to a new loan provider.’

Full Story

Legal Futures, 14th April 2020

Source: www.legalfutures.co.uk

Coronavirus: How Will Exam Cancellations Affect Students? – Each Other

Posted April 14th, 2020 in coronavirus, education, examinations, news, school children by sally

‘With the cancellation of all GCSE and A level summer exams amid the coronavirus pandemic, the system for awarding student grades been transformed beyond recognition.’

Full Story

Each Other, 9th April 2020

Source: eachother.org.uk

BAILII: Recent Decisions

Posted April 14th, 2020 in law reports by tracey

Supreme Court

Aspen Underwriting Ltd & Ors v Credit Europe Bank NV [2020] UKSC 11 (01 April 2020)

Whittington Hospital NHS Trust v XX [2020] UKSC 14 (01 April 2020)

Barclays Bank plc v Various Claimants [2020] UKSC 13 (01 April 2020)

Zipvit Ltd v Revenue and Customs [2020] UKSC 15 (01 April 2020)

WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12 (01 April 2020)

Elgizouli v Secretary of State for the Home Department [2020] UKSC 10 (25 March 2020)

MS (Pakistan) v Secretary of State for the Home Department [2020] UKSC 9 (18 March 2020)

Court of Appeal (Civil Division)

S (Children) [2020] EWCA Civ 515 (09 April 2020)

Barings (UK) Ltd v Deutsche Trustee Company Ltd & Ors [2020] EWCA Civ 521 (09 April 2020)

Ho v Adelekun [2020] EWCA Civ 517 (09 April 2020)

Corbett, R (On the Application Of) v [2020] EWCA Civ 508 (09 April 2020)

AD & Ors, R (On the Application Of) v London Borough of Hackney [2020] EWCA Civ 518 (08 April 2020)

McMahon v Watford Borough Council [2020] EWCA Civ 497 (08 April 2020)

C-D (A Child), Re [2020] EWCA Civ 501 (08 April 2020)

Runa v Secretary of State for the Home Department [2020] EWCA Civ 514 (08 April 2020)

T (Children), Re [2020] EWCA Civ 507 (07 April 2020)

LE (St Vincent And the Grenadines) v The Secretary of State for the Home Department [2020] EWCA Civ 505 (07 April 2020)

Drexler, R (On the Application Of) v Leicestershire County Council [2020] EWCA Civ 502 (07 April 2020)

Teesside Gas Transportation Ltd v Cats North Sea Ltd & Ors [2020] EWCA Civ 503 (07 April 2020)

The Secretary of State for the Home Department v FTH, R. (On the Application of) (Rev 1) [2020] EWCA Civ 494 (06 April 2020)

Amrolia, R (On the Application Of) v Revenue & Customs [2020] EWCA Civ 488 (03 April 2020)

Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) [2020] EWCA Civ 486 (03 April 2020)

James v Hertsmere Borough Council [2020] EWCA Civ 489 (02 April 2020)

Islandsbanki Hf & Ors v Stanford [2020] EWCA Civ 480 (02 April 2020)

Mexichem UK Ltd v Honeywell International Inc [2020] EWCA Civ 473 (01 April 2020)

Genentech Inc. v The Comptroller General of Patents [2020] EWCA Civ 475 (31 March 2020)

Court of Appeal (Criminal Division)

Abbott & Ors v R. [2020] EWCA Crim 516 (08 April 2020)

Horne v R. [2020] EWCA Crim 487 (02 April 2020)

High Court (Administrative Court)

South Derbyshire District Council v Secretary of State for Housing Communities and Local Government [2020] EWHC 872 (Admin) (09 April 2020)

Idolo, R (on the application of) v London Borough of Bromley [2020] EWHC 860 (Admin) (08 April 2020)

Walaszczyk v Regional Court of Law In Czestochowa, Poland [2020] EWHC 849 (Admin) (08 April 2020)

General Medical Council & Ors v Zafar [2020] EWHC 846 (Admin) (08 April 2020)

FNM, R (On the Application Of) v The Director of Public Prosecutions [2020] EWHC 870 (Admin) (08 April 2020)

Jankowski v Regional Court of Torun, Poland [2020] EWHC 826 (Admin) (08 April 2020)

National Crime Agency v Baker & Ors [2020] EWHC 822 (Admin) (08 April 2020)

Smith, R (On the Application Of) v Assistant Coroner for North West Wales [2020] EWHC 781 (Admin) (07 April 2020)

AQS, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWHC 843 (Admin) (07 April 2020)

Advearse, R (on the application of) v Dorset Council & Ors [2020] EWHC 807 (Admin) (06 April 2020)

Packham v The Secretary of State for Transport & Anor [2020] EWHC 829 (Admin) (06 April 2020)

Tesco Stores Ltd, R (On the Application Of) v Birmingham Magistrates’ Court [2020] EWHC 799 (Admin) (06 April 2020)

Sawkill v Highways England Company Ltd [2020] EWHC 801 (Admin) (03 April 2020)

Le Roux Zeeman & Ors v HM Revenue and Customs [2020] EWHC 794 (Admin) (03 April 2020)

X, R (On the Application Of) v The Ealing Youth Court [2020] EWHC 800 (Admin) (03 April 2020)

Pwr & Ors v Director of Public Prosecutions [2020] EWHC 798 (Admin) (03 April 2020)

Pereira, R (On the Application Of) v Environment And Traffic Adjudicators [2020] EWHC 811 (Admin) (03 April 2020)

McKeown, R (On the Application Of) v London Borough of Islington [2020] EWHC 779 (Admin) (02 April 2020)

D & Ors v The Lord Chancellor & Anor [2020] EWHC 736 (Admin) (02 April 2020)

Kavaarupo v Nursing And Midwifery Council [2020] EWHC 731 (Admin) (31 March 2020)

High Court (Chancery Division)

Carluccio’s Ltd, Re Insolvency Act 1986 [2020] EWHC 886 (Ch) (13 April 2020)

State Bank of India & Ors v Mallya [2020] EWHC 96 (Ch) (09 April 2020)

Freehold Properties 250 Ltd v Field & Ors [2020] EWHC 792 (Ch) (08 April 2020)

Hussain & Anor v Chowdhury & Ors [2020] EWHC 790 (Ch) (08 April 2020)

TMO Renewables Ltd v Reeves & Anor [2020] EWHC 789 (Ch) (08 April 2020)

Slater & Ors v Anglo Atlantic Media Ltd [2020] EWHC 710 (Ch) (08 April 2020)

Byers & Ors v Samba Financial Group [2020] EWHC 853 (Ch) (08 April 2020)

Blackfriars Ltd, Re [2020] EWHC 845 (Ch) (06 April 2020)

Caldicott & Ors v Richards & Anor [2020] EWHC 767 (Ch) (03 April 2020)

Georgallides v The Secretary of State for Business, Energy and Industrial Strategy [2020] EWHC 768 (Ch) (03 April 2020)

Nimat Halal Food Ltd & Anor v Patel & Anor [2020] EWHC 734 (Ch) (03 April 2020)

Inmarsat Plc, Re Companies Act [2020] EWHC 776 (Ch) (03 April 2020)

Anwer v Central Bridging Loans Ltd [2020] EWHC 765 (Ch) (30 March 2020)

Legal and General Assurance Society Ltd, Re [2020] EWHC 756 (Ch) (30 March 2020)

High Court (Commercial Court)

Silvercloud Finance Solutions Ltd (t/a Broadscope Finance) v High Street Solicitors Ltd [2020] EWHC 878 (Comm) (09 April 2020)

Granville Technology Group Ltd & Ors v Infineon Technologies AG & Anor [2020] EWHC 873 (Comm) (09 April 2020)

Lakatamia Shipping Company Ltd & Ors v Su & Ors [2020] EWHC 865 (Comm) (08 April 2020)

Gwynt Y Mor Ofto Plc v Gwynt Y Mor Offshore Wind Farm Ltd & Ors [2020] EWHC 850 (Comm) (08 April 2020)

Alexander Brothers Ltd (Hong Kong SAR) v Alstom Transport SA & Anor [2020] EWHC 814 (Comm) (06 April 2020)

Shanghai Shipyard Co Ltd v Reignwood International Investment (Group) Company Ltd [2020] EWHC 803 (Comm) (03 April 2020)

Lakatamia Shipping Company Ltd & Ors v Su (aka Su Hsin Chi; aka Nobu Moritomo) & Ors [2020] EWHC 806 (Comm) (03 April 2020)

Scipion Active Trading Fund v Vallis Group Ltd [2020] EWHC 795 (Comm) (03 April 2020)

Carpatsky Petroleum Corporation v PKSC Ukrnafta [2020] EWHC 769 (Comm) (31 March 2020)

Terre Neuve SARL & Ors v Yewdale Ltd & Ors (14) Driss Mriouah [2020] EWHC 772 (Comm) (31 March 2020)

Clearlake Chartering USA Inc & Anor v Petroleo Brasileiro SA [2020] EWHC 805 (Comm) (31 March 2020)

Arcelormittal USA LLC v Ruia & Ors [2020] EWHC 740 (Comm) (30 March 2020)

High Court (Family Division)

VB v TR [2020] EWHC 877 (Fam) (07 April 2020)

London Borough of Tower Hamlets v Mother & Ors [2020] EWHC 832 (Fam) (07 April 2020)

PT (A Child), Re [2020] EWHC 834 (Fam) (31 March 2020)

High Court (Patents Court)

Illumina Cambridge Ltd v Latvia MGI Tech SIA & Ors [2020] EWHC 730 (Pat) (25 March 2020)

High Court (Queen’s Bench Division)

University College London Hospitals NHS Foundation Trust v MB (Rev 1) [2020] EWHC 882 (QB) (09 April 2020)

Hertfordshire County Council v Davies [2020] EWHC 838 (QB) (09 April 2020)

Birmingham City Council v Afsar & Ors [2020] EWHC 864 (QB) (08 April 2020)

Edinburgh v Fieldfisher LLP [2020] EWHC 862 (QB) (08 April 2020)

NKX v Barts Health NHS Trust [2020] EWHC 839 (QB) (08 April 2020)

Farah v Abdullahi & Ors [2020] EWHC 825 (QB) (08 April 2020)

Royal Mail Group Ltd v Communication Workers Union [2020] EWHC 842 (QB) (08 April 2020)

NKX v Barts Health NHS Trust [2020] EWHC 828 (QB) (08 April 2020)

Barber (t/a Barber & Co Solicitors) v Medico Services Ltd [2020] EWHC 810 (QB) (07 April 2020)

Chelsea Football Club Ltd v Nichols & Anor [2020] EWHC 827 (QB) (06 April 2020)

Sarfraz v Akhtar & Anor [2020] EWHC 782 (QB) (06 April 2020)

Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2020] EWHC 783 (QB) (06 April 2020)

Zenith Logistics Services (UK) Ltd & Ors v Coury [2020] EWHC 774 (QB) (03 April 2020)

Maurice Hutson & Ors v Tata Steel UK Ltd [2020] EWHC 771 (QB) (03 April 2020)

FXF v Ampleforth Abbey Trustees [2020] EWHC 791 (QB) (02 April 2020)

Wolverhampton City Council & Ors v Persons Unknown [2020] EWHC 759 (QB) (30 March 2020)

High Court (Technology and Construction Court)

A v B [2020] EWHC 809 (TCC) (03 April 2020)

Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 738 (TCC) (27 March 2020)

Lungowe v Vedanta Resources Plc & Ors [2020] EWHC 749 (TCC) (27 March 2020)

Source: www.bailii.org

Judge orders mental health patient to vacate bed for Covid-19 cases – The Guardian

Posted April 14th, 2020 in coronavirus, hospitals, mental health, news by sally

‘A high court judge has ruled a woman can be discharged from the hospital bed she has occupied for more than a year to relieve pressure during the Covid-19 pandemic.’

Full Story

The Guardian, 10th April 2020

Source: www.theguardian.com

Coronavirus: Ofcom formally probes David Icke TV interview – BBC News

‘The UK’s media watchdog has launched a formal investigation into a TV network’s broadcast of an interview with conspiracy theorist David Icke about coronavirus.’

Full Story

BBC News, 9th April 2020

Source: www.bbc.co.uk

UK insurers face legal action from small firms over Covid-19 claims – The Guardian

Posted April 14th, 2020 in coronavirus, insurance, news by sally

‘Some of Britain’s biggest insurance companies are facing legal action from small business owners who say their legitimate business interruption claims have been unfairly turned down.’

Full Story

The Guardian, 12th April 2020

Source: www.theguardian.com

Legal realities of an ‘extension’ to the football season – Law Society’s Gazette

Posted April 9th, 2020 in contract of employment, contracts, coronavirus, delay, news, sport by sally

‘The football world, like almost every other sector of the economy, is grappling with the unprecedented impact of the coronavirus pandemic. In English football, the official position remains as set out in the joint statement issued by the main professional stakeholders on 20 March 2020: football is currently suspended but ‘all options’ are being explored ‘to find ways of resuming the season when conditions allow’.’

Full Story

7th April 2020

Source: www.lawgazette.co.uk

The Values of Collaboration and Solidarity: Running a Chambers Through the Coronavirus Crisis – Coronavirus: Guidance for Lawyers and Businesses

Posted April 9th, 2020 in barristers, coronavirus, news by sally

‘Lawyers are nothing if not adaptable. On 27 February my chambers purchased additional hand sanitisers and issued advice about travel abroad. By Monday 23 March all barristers and staff had moved entirely to home working and we had adapted our management systems to cope with that massive change. That very evening the Prime Minister made his dramatic announcement of a complete lock down. And now we have to adapt again.’

Full Story

Coronavirus: Guidance for Lawyers and Businesses, 7th April 2020

Source: lawinthetimeofcorona.wordpress.com

Supreme Court Rejects Appeal in Serco Lock Change Evictions Case – But What Effect Has the Human Rights Challenge Already Had? – UK Human Rights Blog

‘Serco is a private company that was contracted by the UK Home Office between 2012 and 2019 to provide accommodation to asylum seekers living in Glasgow. In July 2018, Serco began to implement the “move on protocol” – a new policy of changing locks and evicting asylum seekers without a court order if they were no longer eligible for asylum support. This put around 300 asylum seekers – who had no right to work or who had no right to homeless assistance – at risk of eviction and homelessness in Glasgow without any court process.’

Full Story

UK Human Rights Blog, 8th April 2020

Source: ukhumanrightsblog.com

Disabled man stuck in bedroom on eighth-floor flat for 20 months loses judicial review challenge – Local Government Lawyer

‘A man in his early sixties with a complex medical history and disabilities who spent almost 20 months without being able to leave his bedroom in an eighth-floor council flat has failed in a judicial review claim against a council for compensation and declaratory relief.’

Full Story

Local Government Lawyer, 8th April 2020

Source: www.localgovernmentlawyer.co.uk

Trade Mark Infringement and Passing off – Natural Instinct Ltd v Natures Menu Ltd – NIPC Law

Posted April 9th, 2020 in intellectual property, news, trade marks by sally

‘This was an action for trade mark infringement and passing off between two medium-sized enterprises. Mr David Stone sitting as an Enterprise Judge heard 9 witnesses on 13 and 14 Feb and delivered judgment on 20 March 2020. The costs that the losing party will be ordered to pay to the successful party will be capped at £50,000. It is it an example of how an intellectual property dispute should be resolved. Save that the Wood Green County Court’s jurisdiction had been limited to patents snd designs when it opened, this is probably just the sort of case that Sir Derek Oulton would have had in mind when he recommended the establishment of patents country courts in 1986.’

Full Story

NIPC Law, 8th April 2020

Source: nipclaw.blogspot.com

Court of Appeal upholds ruling on vaccination of children in care of local authorities – Local Government Lawyer

‘The Court of Appeal has refused an appeal by parents over whether a local authority can make arrangements for the vaccination of children in its care, in the face of parental opposition, under its statutory powers or whether it is required to seek declaratory relief from the High Court to authorise their actions.’

Full Story

Local Government Lawyer, 7th April 2020

Source: www.localgovernmentlawyer.co.uk

Another skirmish on the boundaries of vicarious liability: data protection this time – UK Human Rights Blog

‘This appeal concerned the circumstances in which an employer can be held to be vicariously liable for wrongs committed by its employees, and also whether vicarious liability may arise for breaches by an employee of duties imposed by the Data Protection Act 1998 (“DPA”).’

Full Story

UK Human Rights Blog, 7th April 2020

Source: ukhumanrightsblog.com

Sharing or Caring? The Delineation of UK Parental Rights – Oxford Human Rights Hub

‘Following the Supreme Court’s refusal to permit an appeal in Chief Constable of Leicestershire v Hextall, the Court of Appeal’s earlier judgment remains binding. In a case which brings the paradoxes inherent in the UK’s system of workplace parental rights into sharp focus, the Court held that it is not discriminatory to pay a man on shared parental leave (SPL) less than an enhanced rate of maternity pay paid to a woman on maternity leave (ML).’

Full Story

Oxford Human Rights Hub, 7th April 2020

Source: ohrh.law.ox.ac.uk

Krishan Nadesan: Can Parliament replace the House of Lords? – UK Constitutional Law Association

Posted April 9th, 2020 in constitutional law, news, parliament by sally

‘Parliament can do anything – except replace the House of Lords? For over a century, replacing the House of Lords has brooked no delay. Now, at last, the Government seems tempted to dam the brook, by substituting an elected Senate for the old Second Chamber. At first glance, this is constitutionally straightforward. Whatever Parliament enacts is law – so surely an Act of Parliament can lawfully replace the House of Lords? But such an Act may be open to challenge.’

Full Story

UK Constitutional Law Association, 9th April 2020

Source: ukconstitutionallaw.org

High Court forces GLO on Leigh Day and Hausfeld – Litigation Futures

Posted April 9th, 2020 in case management, costs, law firms, miners, news by sally

‘The High Court has rejected efforts by claimant law firms Leigh Day and Hausfeld to keep their actions against a Zambian copper mine operator separate, making a group litigation order (GLO) sought by the defendants.’

Full Story

Litigation Futures, 8th April 2020

Source: www.litigationfutures.com

The Non-Disclosure and Barring Service: Victim Access to Information – Panopticon

‘If you believe that an individual who works with children sexually assaulted you, but was never prosecuted for that allegation, it is understandable that you might wish to know whether that person has been placed on the formal list of persons barred from engaging in regulated activity with children, run by the Disclosure and Barring Service (“DBS”). But it is also understandable why the DBS might not wish to tell you (and thereby the public at large) who is or is not barred, and even more so why the individual accused would not wish that to be revealed. Who’s rights win out?’

Full Story

Panopticon, 8th April 2020

Source: panopticonblog.com