Home Office accused of pressuring judiciary over immigration decisions – The Guardian

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 7th, 2020 in law reports by tracey

Supreme Court

Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 (06 May 2020)

Court of Appeal (Civil Division)

Debenhams Retail Ltd, Re [2020] EWCA Civ 600 (06 May 2020)

Court of Appeal (Criminal Division)

Mustafa v The Environment Agency [2020] EWCA Crim 597 (06 May 2020)

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

High Court (Administrative Court)

Olabinjo v Westminster Magistrates Court & Anor [2020] EWHC 1093 (Admin) (06 May 2020)

Shirnakhy & Anor v Permanent Duty Director, Weiden Local Court Germany & Anor [2020] EWHC 1103 (Admin) (06 May 2020)

High Court (Commercial Court)

Super Max Offshore Holdings & Anor v Malhotra [2020] EWHC 1023 (Comm) (06 May 2020)

Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd [2020] EWHC 1073 (Comm) (06 May 2020)

High Court (Family Division)

Q, Re [2020] EWHC 1109 (Fam) (06 May 2020)

High Court (Queen’s Bench Division)

Nursing & Midwifery Council & Anor v Harrold [2020] EWHC 1108 (QB) (06 May 2020)

Bagshawe v The Lord Chancellor [2020] EWHC 1089 (QB) (06 May 2020)

Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB) (06 May 2020)

Centenary Homes Ltd v Liddell [2020] EWHC 1080 (QB) (06 May 2020)

High Court (Technology and Construction Court)

Riverside Truck Rental Ltd v Lancashire County Council [2020] EWHC 1018 (TCC) (06 May 2020)

Source: www.bailii.org

Changes to Capital Gains Tax Reliefs When Spouses and Civil Partners Separate – Pump Court Chambers

‘Among all the other changes being made to people’s financial arrangements, firstly as a result of our anticipated Brexit, and then as a result of the Covid-19 pandemic, and their concomitant impact on economies, both macro and micro, share values, savings rates and property values, it’s easy to forget that significant changes have also been made to personal tax arrangements. For those in marriages or civil partnerships who are separating, or for those who have already separated and are going through divorce or dissolution proceedings and their associated financial remedy proceedings, that includes changes to Capital Gains Tax.’

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Pump Court Chamber, 27th April 2020

Source: www.pumpcourtchambers.com

Video hearings “more likely to lead to convictions” – Legal Futures

‘Video hearings in certain criminal cases are more likely to lead to defendants receiving a prison sentence, a major study has found.’

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Legal Futures, 6th May 2020

Source: www.legalfutures.co.uk

What is a ‘relationship akin to marriage’? – Richmond Chambers

‘Under the Immigration Rules, a person who is British or Settled in the UK can bring their unmarried partner to the UK. This is sometimes referred to as a ‘partner visa’ or ‘de facto visa’. This is an option that more couples are currently considering, partly due to the ongoing restrictions around the world on wedding ceremonies due to covid-19.’

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Richmond Chambers, 1st May 2020

Source: immigrationbarrister.co.uk

Covid-19 and the courts – Radcliffe Chambers

Posted May 6th, 2020 in chambers articles, coronavirus, courts, live link evidence, news by sally

‘Covid-19 has posed a major challenge to courts around the world in maintaining the proper administration of justice. We can be very proud that the courts in the UK have already been innovative in making use of technology, using facilities such as Skype and Zoom to conduct not only contentious non-witness hearings, but even trials. This has enabled court business, at least in civil cases, to operate as close to normal as is possible. The UK courts, together with Australia and some US jurisdictions, have led the way in this respect. Even some major litigation centres, such as Hong Kong, are only now beginning to make use of technology to overcome the challenges posed by the virus.’

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Radcliffe Chambers, 29th April 2020

Source: radcliffechambers.com

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

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UKSC Blog, 5th May 2020

Source: ukscblog.com

Extensions of time and adjournment of face-to-face hearings for Covid-19 reasons – Parklane Plowden Chambers

Posted May 6th, 2020 in adjournment, chambers articles, coronavirus, courts, delay, news, time limits by sally

‘In the challenging and constraining times imposed by the Covid-19 pandemic, it can be difficult to comply with case management directions. Although the parties may agree extensions of time of up to 56 days if they do not imperil a hearing date, applications continue to be necessary where the extension may impact on a court hearing.’

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Parklane Plowden Chambers, 28th April 2020

Source: www.parklaneplowden.co.uk

Barton & Booth: Clarifying the Dishonesty Test post Ivey by Paul Dormand – Broadway House Chambers

Posted May 6th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news, theft by sally

‘The decision in Barton & Booth [2020] EWCA Crim 575 brings an end to the uncertainty surrounding the test for dishonesty, and the application of the test proposed by the Supreme Court in Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67. This article will look at the departure from Ghosh, the application of the Ivey test notwithstanding its obiter status.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

C19 Possession Proceedings: Current Guidance – Thomas More Chambers

‘On 18 March 2020, it was announced by the government that there would be a ban on evictions for a three-month period (with effect from 27 March 2020), this has presented numerous questions to both landlords, occupiers and owners alike. Set out below is the current position in relation to action arising out of residential property occupation (commercial leases and agreements are subject to different legislative regimes).The information within this article is correct as at 26 April 2020, you are strongly advised to obtain independent legal advice if you are unsure as to your rights and obligations.’

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Thomas More Chambers, 28th April 2020

Source: www.thomasmore.co.uk

Sean Molloy: Elgizouli v Secretary of State for the Home Department: The Missing Rationality Challenge – UK Constitutional Law Association

‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’

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UK Constitutional Law Association, 6th May 2020

Source: ukconstitutionallaw.org

Informed Consent: Where Are We Now – Ropewalk Chambers

‘In Montgomery -v- Lanarkshire Health Board [2015] 1 AC 1430; [2015] UKSC 15, the Supreme Court held:

“The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would likely to attach significance to the risk, or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it.”‘

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Ropewalk Chambers, 30th April 2020

Source: www.ropewalk.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 6th, 2020 in legislation by tracey

The Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) (Amendment) Regulations 2020

The Ecodesign for Energy-Related Products (Amendment) Regulations 2020

The Consumer Protection (Enforcement) (Amendment etc.) Regulations 2020

Source: www.legislation.gov.uk

Dying surrounded by family ‘a fundamental right’ says UK judge – The Guardian

‘Being allowed to die surrounded by your nearest relatives is a fundamental part “of any right to private or family life”, a senior judge has ruled.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 6th, 2020 in law reports by tracey

High Court (Administrative Court)

The Open Spaces Society v Secretary of State for Environment, Food And Rural Affairs [2020] EWHC 1085 (Admin) (05 May 2020)

High Court (Chancery Division)

Sangha v Amicus Finance Plc [2020] EWHC 1074 (Ch) (05 May 2020)

Ball v Ball & Anor [2020] EWHC 1020 (Ch) (05 May 2020)

Williams & Ors v Russell Price Farm Services Ltd [2020] EWHC 1088 (Ch) (05 May 2020)

Ove Arup & Partners International Ltd vTrustees of the Arup UK Pension Scheme [2020] EWHC 1064 (Ch) (05 May 2020)

Chalcot Training Ltd v Ralph & Anor [2020] EWHC 1054 (Ch) (05 May 2020)

High Court (Commercial Court)

Times Trading Corporation v National Bank of Fujairah (Dubai Branch) [2020] EWHC 1078 (Comm) (05 May 2020)

Quantum Advisory Ltd v Quantum Actuarial LLP [2020] EWHC 1072 (Comm) (05 May 2020)

High Court (Family Division)

Dorset Council v E (Unregulated placement : Lack of secure placements) [2020] EWHC 1098 (Fam) (05 May 2020)

A Local Authority v Mother & Ors [2020] EWHC 1086 (Fam) (05 May 2020)

Source: www.bailii.org

“Justice Delayed is Justice Denied” The Covid-19 Effect – St Ives Chambers

‘Conducting litigation in lockdown is presenting a number of challenges for civil litigators. The shift, practically overnight, to remote working is requiring lawyers to rapidly adapt their ways of working. The word from the top is that the wheels of justice must continue to turn. The default position now is that hearings should take place remotely wherever possible.’

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St Ives Chambers, 27th April 2020

Source: www.stiveschambers.co.uk

Prisoner wins first round in challenge to terrorism law – The Guardian

‘A prisoner convicted of stirring up religious hatred has won the first round in his legal challenge to emergency legislation preventing early automatic release of terrorism offenders.’

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The Guardian, 5th May 2020

Source: www.theguardian.com

Protecting domestic violence victims in lockdown – The Guardian

‘Kate, a call handler for a domestic violence charity, discusses the challenges of trying to deal with the rising number of calls during lockdown. Guardian reporter Helen Pidd has been reporting on the domestic violence cases being heard at Manchester magistrates court over the past few weeks.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

CJC launches ‘rapid review’ of remote hearings – Litigation Futures

‘The Civil Justice Council (CJC) has launched a “rapid consultation” on how the spread of Covid-19 has changed the civil justice system, particularly with the swift expansion of remote hearings.’

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Litigation Futures, 4th May 2020

Source: www.litigationfutures.com

Lord Sugar tweet broke UK advertising rules, says watchdog – The Guardian

Posted May 6th, 2020 in advertising, complaints, internet, news, ombudsmen by sally

‘A tweet by Lord Sugar promoting a company set up by a winner of The Apprentice has broken the UK advertising rules.’

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The Guardian, 6th May 2020

Source: www.theguardian.com