BAILII: Recent Decisions

Posted May 21st, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Revenue And Customs v NCL Investments Ltd & Anor [2020] EWCA Civ 663 (21 May 2020)

High Court (Administrative Court)

R (W, A Child By His Litigation Friend J) v The Secretary of State for the Home Department & Anor [2020] EWHC 1299 (Admin) (21 May 2020)

Fisher, R (On the Application Of) v Durham County Council [2020] EWHC 1277 (Admin) (21 May 2020)

High Court (Chancery Division)

Clitheroe v Bond [2020] EWHC 1185 (Ch) (21 May 2020)

High Court (Commercial Court)

C Ltd v D & X [2020] EWHC 1283 (Comm) (21 May 2020)

High Court (Queen’s Bench Division)

Quaatey v Guy’s & St Thomas’ NHS Foundation Trust [2020] EWHC 1296 (QB) (21 May 2020)

CWD v Nevitt & Ors [2020] EWHC 1289 (QB) (21 May 2020)

High Court (Technology and Construction Court)

DBE Energy Ltd v Biogas Products Ltd [2020] EWHC 1285 (TCC) (20 May 2020)

Source: www.bailii.org

E-Bundling Guidance for Remote Hearings – Falcon Chambers

Posted May 21st, 2020 in coronavirus, electronic filing, news, remote hearings by sally

‘As a result of the Covid-19 pandemic, on 19 March 2020, the Lord Chief Justice delivered a message in respect of the Civil & Family Courts in which he said: “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one, or all participants attending remotely.” Legal professionals are naturally anxious to know what may be expected of them in practically in preparation for such hearings.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

Every dog in the manger has its day. Sometimes two – Hardwicke Chambers

Posted May 21st, 2020 in covenants, landlord & tenant, leases, news, Supreme Court by sally

‘The Court of Appeal decision in Dr Julia Duval v 11 – 13 Randolph Crescent Ltd [2018] EWCA Civ 2298 was a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants. That decision has been confirmed by the Supreme Court: [2020] UKSC 18.’

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Hardwicke Chambers, 12th May 2020

Source: hardwicke.co.uk

New Guidance for Coroners on COVID-19 Deaths and Workplace Exposure – Henderson Chambers

Posted May 21st, 2020 in coronavirus, coroners, health & safety, news by sally

‘Concerns have been raised, not least by the bereaved families of key-workers in the frontline, about the possible link between workplace exposure to coronavirus and COVID-19 deaths. The Chief Coroner has now published his Guidance Note No 37 on whether, and how, coronial investigations into such deaths should be opened. This development highlights the likelihood that Coroners’ Courts will be the first fora in which issues over the adequacy and quality of the protection available to workers (whether by PPE or workplace procedures) will be investigated publicly. Given the significance of such issues, it is essential that organisations are prepared for such investigations and inquests.’

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Henderson Chambers, 10th May 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Financial Provision for Adult Children in England and Wales and in Italy – Pump Court Chambers

‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’

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Pump Court Chambers, 11th May 2020

Source: www.pumpcourtchambers.com

Article 6 applies to challenge to conditions imposed on suspected Al-Qaeda affiliate – an extended look – UK Human Rights Blog

Posted May 21st, 2020 in human rights, immigration, news, proscribed organisations, terrorism by sally

‘In a complicated but very important decision, the High Court has ruled as a preliminary issue that the procedural protections under Article 6 which require a person to be given sufficient information about the allegations against them so they can give effective instructions to their lawyers will apply to a challenge to conditions imposed by order on a man suspected to have affiliations to Al-Qaeda.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

Transparency and risk assessments : A Covid-Catch 22 – Transparency Project

Posted May 21st, 2020 in coronavirus, courts, health & safety, HM Courts Service, news by sally

‘It is encouraging that HMCTS (Her Majesty’s Courts and Tribunals Service has published their organisational risk assessment, dealing with the broad approach to the assessment of risk around the attendance of public and professionals at court hearings during the Covid-19 outbreak. It is for others to comment on whether the apparent assumption that adherence to a two metre social distancing rule within court buildings will in fact be safe, though we note that some materials suggest that spending long periods of time in a confined room, especially an air conditioned one, is unlikely to be risk free. People can however, make up their own minds about that assessment and whether or not it is wise for them to attend court if not essential.’

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Transparency Project, 20th May 2020

Source: www.transparencyproject.org.uk

What Morrisons means for employer liability – Law Society’s Gazette

Posted May 21st, 2020 in causation, data protection, news, Supreme Court, vicarious liability by sally

‘The Supreme Court recently ruled that Morrison Supermarkets was not vicariously liable for a data breach committed maliciously by a former employee who disclosed employee payroll data online (WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12). The judgment clarified that the test for vicarious liability is whether the acts committed by the employee were ‘so closely connected’ with the acts that they were authorised to carry out by their employer that such acts ‘can fairly and properly be regarded as done’ by the employee acting in the ordinary course of his or her employment.’

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Law Society's Gazette, 18th May 2020

Source: www.lawgazette.co.uk

School breached data protection and human rights, unlawfully misused personal information of Down’s Syndrome pupil and mother: High Court – Local Government Lawyer

Posted May 21st, 2020 in data protection, disabled persons, human rights, news, school children by sally

‘A primary school breached the Data Protection Act 1988 and Human Rights Act 1998 and unlawfully misused the personal information of a child with Down’s Syndrome and her mother, the High Court has ruled.’

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Local Government Lawyer, 18th May 2020

Source: www.localgovernmentlawyer.co.uk

Remote hearings in civil cases cannot just become ‘new normal’ – Litigation Futures

Posted May 21st, 2020 in civil justice, coronavirus, Law Society, news, remote hearings by sally

‘It is “vitally important” that remote hearings are not accepted as the “new normal” in the civil courts after the coronavirus pandemic passes without substantial work on the quality of justice delivered, the Law Society has warned.’

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Litigation Futures, 21st May 2020

Source: www.litigationfutures.com

Volume of work in Magistrates’ Courts needs to be increased, says Lord Chief Justice – Local Government Lawyer

Posted May 21st, 2020 in coronavirus, delay, magistrates, news by sally

‘The Lord Chief Justice has sent a message to magistrates saying the volume of work in the Magistrates’ Courts needs to be increased.’

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Local Government Lawyer, 20th May 2020

Source: www.localgovernmentlawyer.co.uk

Wendell Baker: ‘Double jeopardy’ pensioner rapist cleared for release – BBC News

Posted May 21st, 2020 in double jeopardy, news, parole, rape, release on licence by sally

‘A man convicted of beating and raping a pensioner has been cleared for release from prison by the Parole Board.’

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BBC News, 19th May 2020

Source: www.bbc.co.uk

Disclosure pilot “to be extended for another year” – Litigation Futures

Posted May 21st, 2020 in disclosure, news, pilot schemes by sally

‘The disclosure pilot in the Business and Property Courts is likely to be extended until the end of 2021, it has emerged.’

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Litigation Futures, 19th May 2020

Source: www.litigationfutures.com

How Being Legally Recognised As A Trans Woman Changed My Life – Each Other

Posted May 21st, 2020 in equality, gender, news, transgender persons by sally

‘Dee is one of approximately just 6,000 transgender people to have obtained a GRC under the Gender Recognition Act since it came into force in 2005. This statistic speaks volumes when compared with the actual number of trans people living in the UK which, according to the Government Equalities Office, is estimated at between 200,000 and 500,000.’

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Each Other, 20th May 2020

Source: eachother.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 21st, 2020 in legislation by tracey

The Universal Credit (Coronavirus) (Self-employed Claimants and Reclaims) (Amendment) Regulations 2020

The Sea Fishing (Enforcement) (Amendment) Regulations 2020

The General Synod of the Church of England (Postponement of Elections) Order 2020

Source: www.legislation.gov.uk

MPs and peers call for legal requirement to delete UK contact-tracing data – The Guardian

Posted May 21st, 2020 in bills, coronavirus, data protection, internet, news, select committees by sally

‘The government must legally swear to delete all the data it captures using the NHS Covid-19 contact-tracing app, a committee of MPs and peers has urged.’

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The Guardian, 15th May 2020

Source: www.theguardian.com

Rotherham child sex abuse inquiry ‘to continue for years’ – BBC News

Posted May 21st, 2020 in child abuse, inquiries, news, sexual offences, victims by sally

‘A major inquiry into historic child sex abuse in Rotherham is set to continue for up to seven years with around 600 victims still to be spoken to.’

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BBC News, 20th May 2020

Source: www.bbc.co.uk

Police watchdog to announce decision on Johnson-Arcuri inquiry – The Guardian

‘Boris Johnson will find out on Thursday if he faces a criminal investigation into his relationship with an American businesswoman while he was mayor of London.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 21st, 2020 in law reports by tracey

Supreme Court

Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 (20 May 2020)

Fowler v Revenue and Customs [2020] UKSC 22 (20 May 2020)

Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21 (20 May 2020)

Court of Appeal (Civil Division)

Badmus & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 657 (20 May 2020)

Court of Appeal (Criminal Division)

Westwood, R v [2020] EWCA Crim 598 (06 May 2020)

High Court (Administrative Court)

HCP (Hendon) Ltd, R (on the application of) v Chief Land Registrar (sued as HM Land Registry) & Anor [2020] EWHC 1278 (Admin) (20 May 2020)

Flores, R (on the application of) v London Borough of Southwark [2020] EWHC 1279 (Admin) (20 May 2020)

High Court (Chancery Division)

Organic Milk Suppliers Co-Operative Ltd, Re [2020] EWHC 1270 (Ch) (20 May 2020)

CPOD SA v De Holanda Jr & Ors [2020] EWHC 1247 (Ch) (20 May 2020)

Merck KGaA v Merck Sharp & Dohme Corp & Ors [2020] EWHC 1273 (Ch) (20 May 2020)

High Court (Commercial Court)

The Serious Fraud Office & Anor v Litigation Capital Ltd [2020] EWHC 1280 (Comm) (20 May 2020)

High Court (Family Division)

PA Media Group v London Borough of Haringey & Ors [2020] EWHC 1282 (Fam) (20 May 2020)

High Court (Queen’s Bench Division)

BrewDog Plc & Anor v Frank Public Relations Ltd [2020] EWHC 1276 (QB) (20 May 2020)

Source: www.bailii.org

Planning and Re-starting the Housing Market – 4-5 Gray’s Inn Square

Posted May 21st, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Late on 12 May 2020, the Housing Secretary published a plan to re-start the housing market: https://www.gov.uk/government/news/housing-secretary-sets-out-plan-to-restart-housing-market. The measures are intended to support the economy and make progress in an industry where much been paused during the lockdown.’

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4-5 Gray's Inn Square, 13th May 2020

Source: www.4-5.co.uk