Coronavirus: Are protests legal amid lockdown? – BBC News

‘Solidarity protests against the death of George Floyd in the US are continuing to take place in the UK – but are they actually legal given the coronavirus lockdown?’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

New Judgment: Serafin v Malkiewicz & Ors [2020] UKSC 23 – UKSC Blog

‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’

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UKSC Blog, 3rd June 2020

Source: ukscblog.com

Environmental Law News Update – Six Pump Court

Posted June 4th, 2020 in coronavirus, environmental protection, news, waste, water by sally

‘In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider a Court of Appeal case on the meaning of exempt waste operations, a new report on financing energy efficient buildings and the impact of COVID-19 on the aqueous environment.’

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Six Pump Court, 26th May 2020

Source: www.6pumpcourt.co.uk

Leasehold enfranchisement – options to reduce the price – Tanfield Chambers

Posted June 4th, 2020 in enfranchisement, Law Commission, leases, news, reports, valuation by sally

‘In relation to the qualifying criteria and procedure, the Law Commission was asked to make recommendations and the report on those aspects is due in the Spring. On the question of valuation, the Law Commission’s remit was slightly different. It was required to come up with “options” to reduce the premiums payable by leaseholders, not “recommendations”. It will then be a matter for the politicians to decide which option should be adopted. The Law Commission Report (Leasehold home ownership: buying your freehold or extending your lease. Report on options to reduce the price payable (HMSO, 2020), Law Com. No. 387) on those options was published on 9 January 2020.’

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Tanfield Chambers, 26th May 2020

Source: www.tanfieldchambers.co.uk

Mike Gordon: Dominic Cummings and the Accountability of Special Advisers – UK Constitutional Law Association

‘It is far from new for the conduct of Dominic Cummings to be a matter of political controversy. The man who is Prime Minister Boris Johnson’s current chief adviser was the Campaign Director of Vote Leave during the 2016 Brexit referendum, an organisation which was subsequently investigated by the Electoral Commission and fined for breaking electoral spending limits. Cummings has been held in contempt of Parliament, for refusing to attend a session of the House of Commons Digital, Culture, Media and Sport Committee into ‘Disinformation and “Fake News”’, examining issues raised during the referendum campaign about data use and targeted political advertising. And he is widely believed to have been a key architect of the Prime Minister’s unlawful attempt to prorogue Parliament for five weeks in September 2019, in an undemocratic attempt to subvert an intransigent and hostile legislature at a key moment in the planned process of exiting the EU.’

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UK Constitutional Law Association, 3rd June 2020

Source: ukconstitutionallaw.org

“The Law of Humanity”: Home Office no recourse to public funds policy ruled unlawful – UK Human Rights Blog

‘In this judgment on the Home Secretary’s “no recourse to public funds” (NRPF) policy, the Divisional Court of the Queen’s Bench Division has confirmed that it does, citing authority going back to the time of the poor laws.’

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UK Human Rights Blog, 3rd June 2020

Source: ukhumanrightsblog.com

BAILII: Recent Decisions

Posted June 4th, 2020 in law reports by tracey

Supreme Court

Serafin v Malkiewicz & Ors [2020] UKSC 23 (3 June 2020)

Court of Appeal (Civil Division)

B-T (A Child: Threshold Conditions) [2020] EWCA Civ 697 (03 June 2020)

Court of Appeal (Criminal Division)

Smith, R. v [2020] EWCA Crim 669 (06 May 2020)

High Court (Administrative Court)

Sandu v Italian Judicial Authority [2020] EWHC 1440 (Admin) (03 June 2020)

Pajumagi v Tartu County Court, Viljandi Courthouse, Estonia [2020] EWHC 1424 (Admin) (03 June 2020)

High Court (Chancery Division)

La Micro Group (UK) Ltd & Anor v La Micro Group, Inc & Ors [2020] EWHC 1405 (Ch) (03 June 2020)

Colt Technology Services v SG Global Group SRL [2020] EWHC 1417 (Ch) (03 June 2020)

High Court (Commercial Court)

Carillion Plc v KPMG LLP & Anor [2020] EWHC 1416 (Comm) (03 June 2020)

Pipia v BGEO Group Ltd [2020] EWHC 1359 (Comm) (02 June 2020)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor [2020] EWHC 1362 (Pat) (03 June 2020)

Teva UK Ltd v Chiesi Farmaceutici SpA [2020] EWHC 1311 (Pat) (02 June 2020)

Source: www.bailii.org

“Hostile” judge harassed litigant in person, Supreme Court rules – Litigation Futures

‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’

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Litigation Futures, 3rd June 2020

Source: www.litigationfutures.com

Delays and duties and human rights – Nearly Legal

‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’

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Nearly Legal, 3rd June 2020

Source: nearlylegal.co.uk

Barnsley hospital patient should be allowed to die, says judge – BBC News

‘An ill man with a history of bowel problems who does not want to live with a stoma should be allowed to die, a judge has ruled.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk

‘I lost my father to Covid-19. Now I’m taking legal action against the UK government’ – The Guardian

‘Dr Minesh Talati wants accountability not just for his father’s death, but the other coronavirus victims who didn’t need to die.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

UPDATE: Halliburton v Vedanta: Performance Bonds and COVID-19 – Atkin Chambers

Posted June 4th, 2020 in contracts, coronavirus, damages, India, injunctions, news by sally

‘Shourav Lahiri revisits the case of Halliburton v Vedanta where a differently constituted bench of the Delhi High Court has just reversed its previous decision and discharged its injunction against the call on performance bonds. This update also examines some related issues that could arise as a consequence of COVID-19.’

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Atkin Chambers, 2nd June 2020

Source: www.atkinchambers.com

100 years on the Statute Book but only one contested case…until now…. – Tanfield Chambers

Posted June 4th, 2020 in charities, Christianity, enfranchisement, leases, news, trusts by sally

‘There was no dispute about the facts. The Claimant church is a charitable company limited by guarantee, which took a 30 year lease of a former industrial unit from the Defendants and converted it into a Church and community centre. That was the permitted use under the lease.’

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Tanfield Chambers, 22nd May 2020

Source: www.tanfieldchambers.co.uk

‘Sham marriage’ solicitor loses strike-off appeal – Legal Futures

‘The High Court has dismissed an appeal by a solicitor struck off after telling an undercover television reporter that he would help them apply for a visa on the back of a bogus marriage.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Family judge says trial should be held on diplomatic immunity legislation and incompatibility with European Convention on Human Rights – Local Government Lawyer

‘A trial should be held on the “virtually insoluble dilemma” between diplomatic immunity and local authorities’ child protection duties, Mr Justice Mostyn has ruled in the High Court Family Division.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

‘Rough sex’ defence led to over 60 victims having to deny giving consent, finds research – The Guardian

Posted June 4th, 2020 in assault, consent, defences, news, prosecutions, sexual offences, victims by sally

‘More than 60 victims have been forced to go to court over the past decade to deny that they consented to strangulation, assaults or violence, according to the campaign to end reliance on the “rough sex” defence.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com

Remote hearings “can deal with credibility issues” – Legal Futures

‘People should not presume that remote hearings cannot be used for cases where the credibility of witnesses is at stake, the IT adviser to the Lord Chief Justice has said.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Remote hearings for family courts ‘horribly cruel’ – BBC News

Posted June 4th, 2020 in coronavirus, family courts, news, remote hearings by sally

‘Court hearings held remotely in lockdown disadvantage vulnerable people and should not be used longer term, lawyers and charities have said.’

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BBC News, 4th June 2020

Source: www.bbc.co.uk

Noise Induced Hearing Loss (NIHL) – an Introduction, by Jim Hester – Parklane Plowden Chambers

Posted June 4th, 2020 in industrial injuries, news, noise, personal injuries by sally

‘Even those who are experienced in personal injury cases in general can sometimes find industrial diseases cases difficult to get to grips with. Noise induced hearing loss cases can fall into this category. Such cases sometimes appear littered with seemingly impenetrable, highly technical arguments.’

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Parklane Plowden Chambers, 19th May 2020

Source: www.parklaneplowden.co.uk

Supreme court orders libel case retrial over judge’s ‘barrage of hostility’ – The Guardian

‘The supreme court has ordered the re-trial of a long-running libel case after finding that a high court judge, Mr Justice Jay, subjected the unrepresented claimant to a “barrage of hostility” and offensive language.’

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The Guardian, 3rd June 2020

Source: www.theguardian.com