Overseas Production Orders – A New Tool to Obtain Foreign Electronic Evidence – 6KBW College Hill

Posted June 5th, 2020 in Crown Court, data protection, evidence, foreign jurisdictions, news by sally

‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’

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6KBW College Hill, 25th May 2020

Source: blog.6kbw.com

Watering down children’s rights – Doughty Street Chambers

‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’

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Doughty Street Chambers, 19th May 2020

Source: insights.doughtystreet.co.uk

Official Solicitor takes part for first time in hearing of out of hours application in serious medical treatment case – Local Government Lawyer

‘The Official Solicitor has for the first time taken part in the hearing of an urgent out of hours application in a serious medical treatment case.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Civil Justice Council report on the impact of COVID-19 on civil court users published – Courts and Tribunals Judiciary

Posted June 5th, 2020 in civil justice, coronavirus, courts, news, remote hearings by sally

‘The Master of the Rolls, Sir Terence Etherton, the chair of the independent Civil Justice Council and Head of Civil Justice, has welcomed the Civil Justice Council’s rapid review of the impact of the COVID-19 pandemic on the civil justice system, particularly the swift expansion of the use of remote hearings. The review, conducted with the support of the Legal Education Foundation, launched on 1 May 2020 and concluded on 15 May 2020. It was particularly aimed at court users whose hearings took place between 1 May and 7 May 2020.’

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Courts and Tribunals Judiciary, 5th June 2020

Source: www.judiciary.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 5th, 2020 in legislation by tracey

The Electricity (Individual Exemption from the Requirement for a Supply Licence) (E.ON UK CHP Limited) (England) Order 2020

The Mobile Homes Act 2013 (Commencement No. 2) (England) Order 2020

Source: www.legislation.gov.uk

Campaigners get green light for legal challenge over felling of wood near planned nuclear power station – Local Government Lawyer

‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk

Cricketer who joked about ‘dragging the birds back’ appeals five-year rape sentence – Daily Telegraph

Posted June 5th, 2020 in appeals, news, rape, sexual offences by sally

‘A former professional cricketer who joked about “dragging the birds back” as part of a WhatsApp sexual conquest game has appealed a five year sentence by claiming the comments did not prove he would ignore consent.’

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Daily Telegraph, 4th June 2020

Source: www.telegraph.co.uk

Patents – Neurim Pharmaceuticals v Mylan – NIPC Law

Posted June 5th, 2020 in appeals, damages, injunctions, intellectual property, medicines, news, patents by sally

‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’

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NIPC Law, 4th June 2020

Source: nipclaw.blogspot.com

BAILII: Recent Decisions

Posted June 5th, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

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

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

High Court (Administrative Court)

Amajane (aka Adam Mansori) v Amtsgericht Tiergarten, Federal Republic of Germany [2020] EWHC 1446 (Admin) (04 June 2020)

Khan v Governor of HMP The Mount & Anor [2020] EWHC 1367 (Admin) (04 June 2020)

Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor [2020] EWHC 1400 (Admin) (04 June 2020)

HE, R (on the application of) v The Lord Chancellor [2020] EWHC 1411 (Admin) (04 June 2020)

High Court (Chancery Division)

Akkurate Ltd, Re [2020] EWHC 1433 (Ch) (04 June 2020)

Manchester United Football Club Ltd v Sega Publishing Europe Ltd & Anor [2020] EWHC 1439 (Ch) (04 June 2020)

High Court (Commercial Court)

RP Explorer Ltd v Malhotra & Anor [2020] EWHC 1225 (Comm) (04 June 2020)

SPC Aviation Ltd v Air Link One Ltd [2020] EWHC 1419 (Comm) (04 June 2020)

MVV Environment Devonport Ltd v NTO Shipping GmbH & Co KG & Ors [2020] EWHC 1371 (Comm) (04 June 2020)

High Court (Queen’s Bench Division)

Paul & Anor v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB) (04 June 2020)

SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1432 (QB) (04 June 2020)

Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) (04 June 2020)

Source: www.bailii.org

Post-termination Restrictive Covenants & Constructive Dismissal – Square Global Limited v Leonard [2020] EWHC 1008 (QB) – 3PB

‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Coronavirus: Court action threatened over school meal vouchers – BBC News

‘Campaigners have threatened to bring legal action against the government for not providing free school meal vouchers during the summer.’

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BBC News, 5th June 2020

Source: www.bbc.co.uk

No well-tuned cymbal: fairness in judges – UK Human Rights Blog

Posted June 5th, 2020 in appeals, chambers articles, defamation, judges, media, news, retrials, Supreme Court by sally

‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’

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UK Human Rights Blog, 4th June 2020

Source: ukhumanrightsblog.com

Black lawyers launch initiative to fight racial injustice – Legal Futures

‘A group of lawyers has begun crowdfunding to support a new initiative aiming to combat racial injustice by facilitating access to justice, funding and legal representation.’

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Legal Futures, 4th June 2020

Source: www.legalfutures.co.uk

Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton) – 5SAH

Posted June 5th, 2020 in appeals, chambers articles, criminal justice, deceit, news, Supreme Court by sally

‘The Court of Appeal affirmed in the case of R v Barton that the test for dishonesty to be used in criminal proceedings is that set out in obiter dicta by the Supreme Court in Ivey v Genting Casinos UK (t/a Cockfords Club), expressly overruling the two-stage test set out in R v Ghosh. Modifying (albeit to a limited extent) the principle of stare decisis, the court held that, in limited circumstances, where the Supreme Court directs, obiter dicta, that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow that direction. The test in Ivey ensures dishonesty is objectively assessed by reference to society’s standards, rather than the defendant’s own understanding of what is dishonest. This resolves the problematic second limb of the Ghosh test.’

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5SAH, 18th May 2020

Source: www.5sah.co.uk

Thousands of UK tenants face losing home when eviction ban ends – The Guardian

Posted June 5th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession by sally

‘Thousands of tenants who have struggled to pay rent during the pandemic lockdown face the prospect of losing their home from the end of the month when the government’s temporary ban on evictions ends, housing campaigners have warned.’

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The Guardian, 4th June 2020

Source: www.theguardian.com

Changing contractual terms (or not!) in a TUPE Transfer – Ferguson and ors v Astrea Asset Management Ltd [2020] UKEAT0139/19 – 3PB

‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Top judges call for ADR “acceleration” in face of Covid-19 – Litigation Futures

Posted June 5th, 2020 in contracts, coronavirus, dispute resolution, judges, news by sally

A group of senior former judges and legal academics has called for an acceleration in the take-up of alternative dispute resolution (ADR) in the face of commercial contract disputes arising from Covid-19.

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Litigation Futures, 4th June 2020

Source: www.litigationfutures.com

Riley Siswick death: Senior detective cleared over toddler murder inquiry – BBC News

‘An “exceptional” senior detective has been cleared of allegations he failed to conduct a thorough investigation into the death of a three-year-old boy.’

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BBC News, 5th June 2020

Source: www.bbc.co.uk

The new Immigration Bill-could it cause another Windrush Scandal? – Doughty Street Chambers

Posted June 5th, 2020 in bills, brexit, chambers articles, immigration, news by sally

‘This week the House of Commons heard the second reading of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill 2020 (the Immigration Bill), and given the Government’s majority it is likely to become law unamended. The Explanatory Notes of the Bill set out inter alia the Government’s intention to deliver, following the end of EU free movement, a “new points-based immigration system to attract the brightest and best talent from around the world” from 1st January 2021. On the face of it, this is a legitimate aim, but what could be the possible implications for immigrants currently living and working in the UK? An important report that understandably did not receive much media attention when it was published on the 19th March 2020, is the Windrush, Lessons Learned Review (the Review), the independent assessment of the events leading up to the Windrush Scandal. One needs to recollect that, as the Review notes, the Windrush Scandal affected “hundreds, and possibly thousands of people, directly or indirectly”, including at least 83 people who were unlawfully removed. Many of those affected were working in so-called lower-skilled occupations, in the NHS, in public transport and in adult social care. The Review provides 30 recommendations for change and improvement within the Home Office in order to avoid a repetition of the Windrush Scandal, which it recommends should be implemented in full. A formal response to the Review, including the recommendations, was accepted by the Home Secretary to be given within six months, including the asking of “difficult questions needed to ensure that these circumstances can never arise again”.’

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Doughty Street Chambers, 27th May 2020

Source: insights.doughtystreet.co.uk

UK equality watchdog to launch inquiry into entrenched racism – The Guardian

‘The UK’s equality watchdog is launching an inquiry into “long-standing, structural race inequality”, which has been thrown into stark relief by the coronavirus pandemic.’

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The Guardian, 5th June 2020

Source: www.theguardian.com