Commercial Court eyes future of remote hearings – Litigation Futures

Posted June 30th, 2020 in civil justice, Civil Justice Council, coronavirus, news, remote hearings by sally

‘The Commercial Court has been able to carry on largely as normal while operating remotely, with interlocutory hearings likely to stay that way for some time at least, it has emerged.’

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Litigation Futures, 26th June 2020

Source: www.litigationfutures.com

Government and watchdog ‘are totally failing problem gamblers’ – The Guardian

Posted June 29th, 2020 in gambling, government departments, news, ombudsmen, select committees by sally

‘The government and the gambling watchdog have an “unacceptably weak understanding” about the harmful effects of gambling and how to tackle them, a parliamentary committee has warned.’

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The Guardian, 28th June 2020

Source: www.theguardian.com

Employment law: Dealing with race discrimination complaints following the Black Lives Matter movement – Parklane Plowden Chambers

‘The recent tragic death of George Floyd and the Black Lives Matter (BLM) movement has highlighted the need to tackle race discrimination in the workplace. Many businesses both in the UK and worldwide have made public statements reinforcing their commitment to equality and the BLM movement. Just as the #MeToo movement raised awareness of sexual harassment and discrimination in the workplace, recent events should be the catalyst for a renewed emphasis on preventing and tackling race discrimination and ensuring that BAME employees are supported in the workplace.’

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Parklane Plowden Chambers, 19th June 2020

Source: www.parklaneplowden.co.uk

“Devious” litigant tried to mislead court over previous ruling – Litigation Futures

Posted June 29th, 2020 in deceit, documents, forgery, judgments, news, repossession by sally

‘A “devious” litigant produced an inaccurate transcript of an earlier judgment in the latest of a series of “forgeries” of court documents, a High Court judge has found.’

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Litigation Futures, 29th June 2020

Source: www.litigationfutures.com

Obligations in relation to electronic records and devices: fresh guidance from the Court of Appeal (Criminal Division) – Park Square Barristers

‘Two otherwise unrelated cases were listed together to provide the Court of Appeal (Criminal Division), headed by the Vice – President Lord Justice Fulford, with an opportunity to consider various issues relating to the retention, inspection, copying, disclosure and deletion of the electronic records held by prosecution witnesses.’

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Park Square Barristers, 26th June 2020

Source: www.parksquarebarristers.co.uk

Motorbiker jailed over crash that left boy, 9, without leg – BBC News

‘A motorcyclist who hit a nine-year-old boy causing him to lose part of his leg has been jailed for three years.’

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BBC News, 26th June 2020

Source: www.bbc.co.uk

Unfurnished temporary accommodation – is it suitable? – Nearly Legal

Posted June 29th, 2020 in homelessness, housing, judicial review, local government, news, standards by sally

‘A judicial review where the relevant parts played out in the early stages of the pandemic lockdown, and where the central question was whether self contained accommodation provided without a fridge, cooker and bed, was suitable within the meaning of section 206 Housing Act 1996, such that interim relief could be ordered.’

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Nearly Legal, 28th June 2020

Source: nearlylegal.co.uk

Evans v Betesh Partnership and McGinty [2020] EWHC 1589 (QB) – Parklane Plowden Chambers

‘High Court decision (24/06/20) concerning solicitor/barrister professional negligence arising out of a personal injury case.’

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Parklane Plowden Chambers, 24th June 2020

Source: www.parklaneplowden.co.uk

Peers call for tougher regulation of digital and social media in UK – The Guardian

‘Ministers are being urged to toughen up the regulation of digital and social media because “a pandemic of misinformation and disinformation” is eroding trust in politics and public institutions.’

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The Guardian, 29th June 2020

Source: www.theguardian.com

Why did raves become illegal? – BBC News

Posted June 29th, 2020 in coronavirus, freedom of movement, news, public order by sally

‘Strobe lights, thumping bass, a warehouse or field and hundreds, possibly thousands of sweat-drenched people dancing through the night.’

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BBC News, 26th June 2020

Source: www.bbc.co.uk

UK could be breaking international law over cladding, says UN – The Guardian

‘The UN has warned Britain that its failure to strip combustible cladding from high-rise buildings containing tens of thousands homes may be a breach of international law.’

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The Guardian, 28th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted June 29th, 2020 in law reports by tracey

High Court (Chancery Division)

Infinity Distribution Ltd v The Khan Partnership LLP [2020] EWHC 1657 (Ch) (26 June 2020)

Source: www.bailii.org

Partially remote hearings in the Coroner’s Court: Chief Coroner’s Guidance No. 38 – Parklane Plowden Chambers

Posted June 26th, 2020 in chambers articles, coronavirus, coroners, inquests, news, remote hearings by sally

‘The Chief Coroner has published his Guidance No 38, headed “Remote Participation in Coronial Proceedings via Video and Audio Broadcast”.’

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Parklane Plowden Chambers, 17th June 2020

Source: www.parklaneplowden.co.uk

BAILII: Recent Decisions

Posted June 26th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Oxton Farm v Harrogate Borough Council [2020] EWCA Civ 805 (25 June 2020)

High Court (Administrative Court)

Gerulskis & Anor v The Prosecutor General’s Office of the Republic of Lithuania [2020] EWHC 1645 (Admin) (26 June 2020)

British Medical Association, R (On the Application Of) v Northamptonshire County Council & Ors [2020] EWHC 1664 (Admin) (25 June 2020)

High Court (Chancery Division)

Archibald & Anor v Alexander [2020] EWHC 1621 (Ch) (26 June 2020)

Manolete Partners Plc v Ellis [2020] EWHC 1674 (Ch) (26 June 2020)

North Point Global Ltd, Re [2020] EWHC 1648 (Ch) (26 June 2020)

High Court (Commercial Court)

Skatteforvaltningen (The Danish Customs And Tax Administration) v Solo Capital Partners LLP & Ors [2020] EWHC 1624 (Comm) (26 June 2020)

High Court (Technology and Construction Court)

MSI- Defence Systems Ltd v The Secretary of State for Defence [2020] EWHC 164 (TCC) (25 June 2020)

Engie Fabricom (UK) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 1626 (TCC) (25 June 2020)

Source: www.bailii.org

Tate Modern: Jonty Bravery jailed for 15 years for attempted murder – The Guardian

‘A teenager who threw a six-year-old child off a viewing platform at the Tate Modern gallery in London will serve at least 15 years in prison, the Old Bailey was told on Friday.’

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The Guardian, 26th June 2020

Source: www.theguardian.com

Toby Chaplin (by his mother and litigation friend, Diane Chaplin) v Ben Pistol, Allianz Insurance Plc [2020] EWHC 1543 (QB),2020 WL 03254432 – No. 5 Chambers

‘At 28, the Claimant had acquired a traumatic brain injury and been rendered tetraplegic in an accident caused by the negligent driving of the Defendant. The case came before Master Eastman in July 2019 for case management. At that stage, it was common ground between the experts in neurology for each party that the Claimant’s injuries had significantly reduced his life expectancy. However, they disagreed as to the extent of the reduction, Dr Liu for the Claimant estimating that his life expectancy to be 30-35% of normal; Professor Collin for the Defendant adopting a figure of 30-44% of normal. There were also differences in the experts’ approach to available statistics. Whilst the range of figures adopted by each expert were not far apart and it was likely that the Claimant’s care costs would by awarded by way of a PPO, it was nonetheless accepted that the difference between the parties translated to a 7-figure sum. At the CMC before Master Eastman in July 2019, the Defendant’s application for permission to rely on a report, from medical statisticians on the issue of the Claimant’s life expectancy, was dismissed on the basis that neither party’s neurology expert deferred to evidence from a statistician to assist them in determining the Claimant’s life-expectancy and such evidence would not add to their existing analysis of the available statistics. The Defendant did not appeal.’

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No. 5 Chambers, 22nd June 2020

Source: www.no5.com

London Parks and Gardens Trust Challenges Decision Making Arrangements for Holocaust Memorial and Learning Centre Call-in Application – Francis Taylor Building

‘The London Parks and Gardens Trust, a rule 6 party in the forthcoming inquiry into the Holocaust Memorial and Learning Centre call-in inquiry, is seeking a declaration in a judicial review that regulation 64(2) of the Environmental Impact Assessment Regulations 2017 fails properly to transpose the requirements of article 9a of Directive 2011/92/EU (as amended by Directive 2014/52/EU) on environmental impact assessment.’

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Francis Taylor Building, 19th June 2020

Source: www.ftbchambers.co.uk

Travel between England and Wales – UK Human Rights Blog

‘The position in relation to cross-border travel between England and Wales has caused confusion in recent weeks. It has been subject to posts from UKHR readers and there have been news articles showing that many people have been entering Wales from England to access beauty spots, unaware that there are different regulations governing the two countries. This post will attempt to clarify the current position.’

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UK Human Right Blog, 26th June 2020

Source: ukhumanrightsblog.com

Success Fee Recoverability in 1975 Act Claims: Re H [2020] EWHC 1134 (Fam) – Pallant Chambers

‘The general rule in civil litigation is that costs “follow the event”. In an article I wrote for the special issue of Civil Justice Quarterly on Civil Litigation Costs, Vol. 32 pages 109-312 Issue 2 2013, I discussed the negative impact that this rule can have on access to justice: not only is the losing party hit with two bills rather than one, but the losing party has no direct control over the costs incurred by the successful party.’

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Pallant Chambers, 26th June 2020

Source: www.pallantchambers.co.uk

Running out of gas… Housing Update – Section 21 Notices – St Ives Chambers

‘In a long-awaited judgment handed down on 18th June 2020, the Court of Appeal held (2:1) in Trecarrell House Limited v. Patricia Rouncefield [2020] EWCA Civ 760 (“Rouncefield”) that a failure to provide a gas safety certificate to a new tenant prior to them taking up occupation can be rectified by later service so as to enable the landlord to serve a section 21 notice.’

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St Ives Chambers, 23rd June 2020

Source: www.stiveschambers.co.uk