Good Faith – a springboard to “Responsible Contractual Behaviour”? – Tanfield Chambers

Posted June 25th, 2020 in contracts, enforcement, news by sally

‘On 7 May 2020, the Cabinet Office issued guidance urging “responsible and fair performance and enforcement of contracts” during the Coronavirus pandemic. This guidance, which does not have legislative force, has caused some head-scratching amongst lawyers. Judges have traditionally been reluctant to muddy the waters of contract law (often murky enough as it is) with vague and subjective notions such as responsibility and fairness. The usual approach is – in simple terms – to hold the parties to the words they have used, imply only such other words as are necessary to make the contract work, and let the rest take care of itself. So what does the Cabinet Office guidance mean, and how, if at all, can the concept of “Responsible Contractual Behaviour” (“RCB”) be shoehorned into the existing law?’

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Tanfield Chambers, 24th June 2020


Recent Statutory Instruments –

Posted June 25th, 2020 in legislation by tracey

The Crown Court (Recording and Broadcasting) Order 2020

The Automatic Enrolment (Offshore Employment) (Amendment) Order 2020

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2020

The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020

The Social Security (Income and Capital) (Miscellaneous Amendments) Regulations 2020

The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) Regulations 2020

The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020


Univar UK Ltd v Smith [2020] EWHC 1596 (Ch): rectification of pension schemes after FSHC – Wilberforce Chambers

Posted June 25th, 2020 in indexation, news, pensions, rectification, trusts by sally

‘On 19 June 2020, Mr Justice Trower handed down judgment granting rectification of the Univar Company Pension Scheme (1978), in the first pension rectification claim decided after a full trial since the landmark decision of the Court of Appeal in FSHC Group Holdings Ltd v GLAS Trust Corp Ltd [2019] EWCA Civ 1361.’

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Wilberforce Chambers, 22nd June 2020


BAILII: Recent Decisions

Posted June 25th, 2020 in law reports by tracey

Supreme Court

The Advocate General (representing Revenue and Customs) v K E Entertainments Ltd (Scotland) [2020] UKSC 28 (24 June 2020)

Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 (24 June 2020)

Court of Appeal (Civil Division)

Point West GR Ltd v Bassi & Ors [2020] EWCA Civ 795 (24 June 2020)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor [2020] EWCA Civ 793 (24 June 2020)

Court of Appeal (Criminal Division)

Inkster v R. [2020] EWCA Crim 796 (24 June 2020)

Bater-James & Anor v R. [2020] EWCA Crim 790 (23 June 2020)

High Court (Administrative Court)

AW, R (On the Application Of) v St George’s, University of London [2020] EWHC 1647 (Admin) (25 June 2020)

Charles & Anor, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs & Anor [2020] EWHC 1620 (Admin) (24 June 2020)

Terra Services Ltd, R (On the Application Of) v National Crime Agency & Ors [2020] EWHC 1640 (Admin) (24 June 2020)

High Court (Chancery Division)

International Pipeline Products Ltd v IK UK Ltd & Ors [2020] EWHC 1602 (Ch) (24 June 2020)

Davidison v Finnan & Ors [2020] EWHC 1607 (Ch) (24 June 2020)

Ghassemian v de Beaumont & Anor [2020] EWHC 1642 (Ch) (24 June 2020)

Les Grands Chais De France SAS v Consorzio Di Tutela Della Denominazione Di Origine Controllata Prosecco [2020] EWHC 1633 (Ch) (24 June 2020)

High Court (Commercial Court)

Skatteforvaltningen (The Danish Customs And Tax Administration) v Shah & Ors [2020] EWHC 1658 (Comm) (24 June 2020)

High Court (Family Division)

A (A Child : Surrogacy: S.54 Criteria) [2020] EWHC 1426 (Fam) (18 June 2020)

High Court (Queen’s Bench Division)

Curr v London & Country Mortgages [2020] EWHC 1661 (QB) (25 June 2020)

Surrey Heath Borough Council v Robb & Ors [2020] EWHC 1650 (QB) (24 June 2020)

International Pipeline Products Ltd v Ik UK Ltd & Ors [2020] EWHC 1602 (Ch) (24 June 2020)

Bannister v Freemans Public Ltd Co. [2020] EWHC 1625 (QB) (24 June 2020)

High Court (Technology and Construction Court)

RG Securities (No.2) Ltd v (Allianz Global Corporate And Specialty CE & Ors [2020] EWHC 1646 (TCC) (24 June 2020)


New Judgment: Regeneron Pharmaceuticals Inc v Kymab Ltd [2020] UKSC 27 – UKSC Blog

Posted June 25th, 2020 in inventions, medicines, news, patents, Supreme Court by sally

‘Regeneron Pharmaceuticals Inc filed patents for a new type of genetically modified mouse which was a hybrid version of the gene that produces antibodies, combining a section of the mouse’s genetic material with a section of the genetic material from a human. In 2013, Regeneron sued Kymab Ltd for infringements of its patents. Kymab was producing its own genetically modified mice, with a similar genetic structure to Regeneron’s mice. Kymab argued that the patents filed were invalid because they fell foul of a patent law rule called sufficiency which means that documents filed with the patent must be detailed enough to enable scientifically skilled readers to make the invention for themselves. The Court of Appeal upheld the patents and Kymab appealed to the Supreme Court.’

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UKSC Blog, 24th June 2020


County council in legal action against Health Secretary over ‘ordinary residence’ determination – Local Government Lawyer

‘Worcestershire County Council has started legal action against the Secretary of State for Health and Social Care, Matt Hancock, in a dispute over which council should care for someone under the Mental Health Act 1983.’

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Local Government Lawyer, 25th June 2020


Bra advert banned for claiming to ‘reduce risk of breast cancer’ – Daily Telegraph

Posted June 25th, 2020 in advertising, cancer, consumer protection, internet, news by sally

‘An advert for a bra has been banned for claiming it reduces the risk of breast cancer.’

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Daily Telegraph, 24th June 2020


New Judgment: The Advocate General representing the Commissioners of HMRC v KE Entertainments Ltd (Scotland) [2020] UKSC 28 – UKSC Blog

Posted June 25th, 2020 in fees, gambling, news, Scotland, Supreme Court, time limits, VAT by sally

‘The Appellant (“the taxpayer”) operates bingo clubs. Customers pay a fee, which entitles them to play in a number of bingo games (collectively, a “session”). The present dispute arises from a change in guidance given by HMRC about how participation fees should be calculated. Until 2007, the guidance stated that bingo promoters should calculate the participation fees separately for each game. In February 2007, HMRC issued Business Brief 07/07, which stated that participation fees should be calculated on a session by session basis.’

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UKSC Blog, 24th June 2020


Call for Inns to act as pupillage shortage worsens – Legal Futures

Posted June 25th, 2020 in barristers, inns of court, news, pupillage by sally

‘The Inns of Court should build a “large co-working space”, possibly on one of their “grand gardens”, to increase the number of pupillages, the president of the Middle Temple Students Association has said.’

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Legal Futures, 25th June 2020


Royal Mail postman caught urinating in public was unfairly dismissed, a tribunal has ruled – Daily Telegraph

Posted June 25th, 2020 in complaints, employment tribunals, news, postal service, unfair dismissal by sally

‘Royal Mail postmen should not be sacked if they are caught urinating during rounds, a tribunal has suggested, after one worker was dismissed for relieving himself in a lay-by.’

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Daily Telegraph, 23rd June 2020


Child maintenance: Mothers take legal action against DWP – BBC News

Posted June 25th, 2020 in children, financial provision, judicial review, news by sally

‘Four single mothers have told the government they are seeking a judicial review into unpaid child maintenance.’

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BBC News, 24th June 2020


Family court judges given power to intervene in domestic abuse cases – The Guardian

‘Judges will be empowered to intervene in cases of domestic abuse to prevent the complainant from being re-victimised by aggressive lines of questioning, as part of a new raft of legal changes announced today.’

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The Guardian, 25th June 2020


Swift v Carpenter: Accommodation costs dispute reaches Court of Appeal – Law Society’s Gazette

Posted June 25th, 2020 in appeals, compensation, housing, news, personal injuries by sally

‘The fundamental and long-debated approach to awarding compensation for special accommodation today arrived at the Court of Appeal.’

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Law Society's Gazette, 23rd June 2020