National Crime Agency v Baker: Always Wear A Helmet When Cycling, Motorcycling or Jumping to Conclusions – The 36 Group

‘In National Crime Agency v Baker and Others [2020] EWHC 822 (Admin) the High Court discharged three Unexplained Wealth Orders (“UWOs”) and Interim Freezing Orders (“IFOs”) granted in respect of three properties on an ex parte application by the National Crime Agency (“NCA”).’

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The 36 Group, 4th May 2020

Source: 36group.co.uk

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Judge denies bias in favour of former school friend – Litigation Futures

Posted May 13th, 2020 in bias, disclosure, insolvency, judges, news, recusal by sally

‘A judge has rejected a recusal application on the grounds of apparent bias, based on him being in the same class at school as the director of a defendant company more than 45 years ago.’

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Litigation Futures, 13th May 2020

Source: www.litigationfutures.com

Charity sends letter before action over regulations relaxing social care protections – Local Government Lawyer

‘Children’s rights charity Article 39 has threatened the Department for Education with legal action if it does not withdraw regulations aimed at assisting the children’s care sector during the COVID-19 crisis.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Gerry Adams wins appeal against Maze Prison escape convictions – BBC News

‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’

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BBC News, 13th May 2020

Source: www.bbc.co.uk

Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions – UK Constitutional Law Association

‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic (The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020; The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020; The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020). These lockdown restrictions form the central plank of a wide range of government interventions, which to date include the 359-page Coronavirus Act 2020, 61 statutory instruments (emerging from 46 different parent acts), and an even greater amount of policy and guidance. The central purpose of the lockdown restrictions is to protect public health, by both containing the rate of infection and protecting NHS capacity to treat the influx of COVID-19 patients. There has been a lively legal debate about the restrictions—described as ‘almost certainly the most severe restrictions on liberty ever imposed.’ In addition to the legal debate, however, we also need a socio-legal analysis. An examination of how the public understand and experience the lockdown, and the significance of these perceptions for compliance, is essential to developing a clear picture of how the lockdown restrictions are working. Understanding the role of law in society, and not only in strict ‘legal’ terms, has rarely been so important.’

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UK Constitutional Law Association, 8th May 2020

Source: ukconstitutionallaw.org

Costs and Exaggeration: Morrow v Shrewsbury RUFC LTD [2020] EWHC 999 (QB) – Park Square Barristers

‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’

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Park Square Barristers, 5th May 2020

Source: www.parksquarebarristers.co.uk

Courts should consider coronavirus emergency when sentencing, rules Court of Appeal – UK Human Rights Blog

‘On 30 April 2019, giving the lead judgment in the Court of Appeal, the Lord Chief Justice considered that the impact of a custodial sentence is likely to be heavier during the coronavirus pandemic than it would otherwise be, and that this was a factor that judges and magistrates can and should keep in mind when sentencing.’

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UK Human Rights Blog, 12th May 2020

Source: ukhumanrightsblog.com

Judge explains himself in writing after phone hearing fails – Legal Futures

‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’

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Legal Futures, 13th May 2020

Source: www.legalfutures.co.uk

Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer

‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’

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Local Government Lawyer, 12th May 2020

Source: www.localgovernmentlawyer.co.uk

Employment Tribunals in the pandemic: The Presidential Guidance, the reality, and the future – 3PB

Posted May 13th, 2020 in chambers articles, coronavirus, employment, employment tribunals, news by sally

‘The Presidential Guidance issued in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic was effective from 18th March 2020.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Benefit claimants unlawfully short-changed, court rules – The Guardian

Posted May 13th, 2020 in appeals, benefits, compensation, government departments, human rights, news by sally

‘The government acted unlawfully when it refused to compensate two low-income households left up to £180 a month out of pocket when their legacy benefits were wrongly stopped and they had no choice but to move on to universal credit, the appeal court has ruled.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

A haircut for broad trade mark specifications – Technology Law Update

Posted May 13th, 2020 in chambers articles, interpretation, news, trade marks by sally

‘The protection offered by a registered trade mark is defined by the particular goods and services for which it is registered. But how broad can a trade mark specification be? Too narrow and you risk having no control over the use of your brand in closely linked goods or services, and with little wriggle room for protection as you expand your offering. Too broad and you run the risk of having the trade mark registration challenged.’

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Technology Law Update, 12th May 2020

Source: www.technology-law-blog.co.uk

Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officers – UK Police Law Blog

‘In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art. 2 inquest is required in order to meet investigative short comings.’

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UK Police Law Blog, 12th May 2020

Source: ukpolicelawblog.com

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2020 in legislation by tracey

The Health Protection (Coronavirus, Restrictions) (England) (Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 13th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions [2020] EWCA Civ 618 (12 May 2020)

SAS Institute Inc v World Programming Ltd [2020] EWCA Civ 599 (12 May 2020)

Garrec & Anor, R (on the application of) v Secretary of State for the Home Department & Anor [2020] EWCA Civ 621 (12 May 2020)

High Court (Administrative Court)

The Mayor of London v the Secretary of State for Housing, Communities And Local Government & Ors [2020] EWHC 1176 (Admin) (12 May 2020)

Nmai, R (on the application of) v The Secretary of State for the Home Department [2020] EWHC 1139 (Admin) (12 May 2020)

High Court (Chancery Division)

Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWHC 1092 (Ch) (12 May 2020)

The Secretary of State for Business, Enterprise and Industrial Strategy v Viceroy Jones New Tech Ltd & Ors [2020] EWHC 1155 (Ch) (12 May 2020)

Dreams Ltd v Pavilion Property Trustees Ltd & Anor [2020] EWHC 1169 (Ch) (12 May 2020)

High Court (Commercial Court)

Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2020] EWHC 1164 (Comm) (12 May 2020)

High Court (Queen’s Bench Division)

Quality Solicitors Harris Waters v Okonkwo [2020] EWHC 1168 (QB) (12 May 2020)

Barclay & Anor v Barclay & Ors (No 2) [2020] EWHC 1180 (QB) (07 May 2020)

Source: www.bailii.org

Chagos islanders’ exile is ongoing breach of human rights, court told – The Guardian

‘Denying exiled Chagos islanders the right to return to their homes on the Indian Ocean archipelago is a continuing breach of their human rights and not just a historical injustice, the court of appeal has been told.’

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The Guardian, 12th May 2020

Source: www.theguardian.com

Murder trial resumes with counsel and jury swapping seats – Legal Futures

‘A jury trial resumed at the Old Bailey yesterday, with barristers in the jury and press boxes, and jurors socially distancing in counsel’s rows after being told there were no face masks for them.’

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Legal Futures, 12th May 2020

Source: www.legalfutures.co.uk

“Repugnant to Ordinary Notions of Fairness”? The Crime of Leaving Your House – The 36 Group

‘On a sunny afternoon in April 2020, a couple sit on the grass in Finsbury Park, North London. A police officer approaches them. A month later, they plead Not Guilty at Highbury Corner Magistrates’ Court to an offence of Leaving/Being Outside Home Without Reasonable Excuse, contrary to Regulations 9(1) and 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (as amended). Two months later, they attend court again for trial.’

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The 36 Group, 24th April 2020

Source: 36group.co.uk