Recent Statutory Instruments – legislation.gov.uk

Posted July 14th, 2020 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 2) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) Regulations 2020

The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Coronavirus) (Amendment) Regulations 2020

The Court Fees (Miscellaneous Amendments) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 14th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Korta-Haupt & Anor v Chief Constable of Essex Police [2020] EWCA Civ 892 (13 July 2020)

Safeway Ltd v Newton & Ors [2020] EWCA Civ 869 (13 July 2020)

Revenue And Customs v Northumbria Healthcare NHS Foundation Trust [2020] EWCA Civ 874 (10 July 2020)

High Court (Administrative Court)

Kaitey v Secretary of State for the Home Department & Anor [2020] EWHC 1861 (Admin) (13 July 2020)

Zelenko v Prosecutor General’s Office of the Republic of Latvia [2020] EWHC 1800 (Admin) (13 July 2020)

Government of Ecuador v Larco [2020] EWHC 1797 (Admin) (10 July 2020)

Defending Christian Arabs, R (On the Application Of) v [2020] EWHC 1850 (Admin) (10 July 2020)

Faerman v Director of the Serious Fraud Office [2020] EWHC 1849 (Admin) (10 July 2020)

High Court (Chancery Division)

Gee v Gee & Anor [2020] EWHC 1842 (Ch) (13 July 2020)

The New Saints FC Ltd v The Football Association of Wales Ltd & Anor [2020] EWHC 1838 (Ch) (13 July 2020)

Colouroz Investment 2 LLC & Ors, Re [2020] EWHC 1864 (Ch) (13 July 2020)

Atkinson & Glyn Mummery & Anor v Varma & Ors [2020] EWHC 1868 (Ch) (13 July 2020)

Brake & Ors v Swift & Anor [2020] EWHC 1810 (Ch) (13 July 2020)

CGL Realisations Ltd, Re [2020] EWHC 1707 (Ch) (10 July 2020)

Lexlaw Ltd v Zuberi [2020] EWHC 1855 (Ch) (10 July 2020)

Valley Brook Investments Ltd & Anor v Huam Ltd [2020] EWHC 1715 (Ch) (10 July 2020)

High Court (Commercial Court)

Avonwick Holdings Ltd v Azitio Holdings Ltd & Ors [2020] EWHC 1844 (Comm) (14 July 2020)

Shell Energy Europe Ltd v Meta Energia SPA [2020] EWHC 1799 (Comm) (10 July 2020)

Alegrow SA v Yayla Agro Gida San Ve Nak AS [2020] EWHC 1845 (Comm) (10 July 2020)

Unwin v Bond [2020] EWHC 1768 (Comm) (10 July 2020)

High Court (Family Division)

AG v VD [2020] EWHC 1847 (Fam) (10 July 2020)

Z (A Child : DOLS: Lack of Secure Placement) [2020] EWHC 1827 (Fam) (10 July 2020)

High Court (Queen’s Bench Division)

Begum v Maran (UK) Ltd [2020] EWHC 1846 (QB) (13 July 2020)

Source: www.bailii.org

FGM protection order in child’s best interests – Court of Appeal – UK Human Rights Blog

Posted July 14th, 2020 in children, family courts, female genital mutilation, jurisdiction, news by tracey

‘A (A Child) (Rev 1) [2020] EWCA 731 (15 June 2020). This was an appeal by the secretary of state against a decision of the President of the Family Division concerning the exercise of the family court’s jurisdiction to make a female genital mutilation protection order (FGMPO) under the Female Genital Mutilation Act 2003 Sch.2 Pt 1 para.1.’

Full Story

UK Human Rights Blog, 13th July 2020

Source: ukhumanrightsblog.com

Angry Bar Council mocks Buckland over profession’s support – Legal Futures

Posted July 14th, 2020 in barristers, civil justice, coronavirus, criminal justice, delay, news, working time by tracey

‘The Bar Council has come out fighting after the Lord Chancellor told the Today programme that there was “a lot of support” from the legal profession for extending court sitting hours to help recover from the Covid-19 pandemic.’

Full Story

Legal Futures, 14th July 2020

Source: www.legalfutures.co.uk

Court rules client must pay firm after terminating DBA early – Law Society’s Gazette

Posted July 14th, 2020 in damages, enforcement, news, solicitors by tracey

‘Lawyers working on a damages-based agreement are entitled to be paid when the client has terminated early, the High Court has ruled.’

Full Story

Law Society's Gazette, 13th July 2020

Source: www.lawgazette.co.uk

Financial Remedy Update, July 2020 – Family Law Week

Posted July 14th, 2020 in chambers articles, divorce, financial provision, news by tracey

‘Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during July 2020.’

Full Story

Family Law Week, 13th July 2020

Source: www.familylawweek.co.uk

Neo-Nazi group led by 13-year-old boy to be banned – BBC News

Posted July 14th, 2020 in news, proscribed organisations, terrorism by tracey

‘A neo-Nazi group that was led by a 13-year-old boy from Estonia should be banned as a terrorist organisation, the UK government has announced.’

Full Story

BBC News, 14th July 2020

Source: www.bbc.co.uk

We are facing the ‘decriminalisation of rape’, warns victims’ commissioner – The Guardian

Posted July 14th, 2020 in criminal justice, news, prosecutions, rape, victims by tracey

‘Rape has effectively been decriminalised as a result of a collapse in prosecutions that has allowed many offenders to escape justice, according to the victims’ commissioner for England and Wales.’

Full Story

The Guardian, 14th July 2020

Source: www.theguardian.com

‘No DSS’ letting bans ‘ruled unlawful’ by court – BBC News

‘A judge has ruled that blanket bans on renting properties to people on housing benefit are unlawful and discriminatory. The “momentous” court ruling found a single mother-of-two had experienced indirect discrimination when a letting agent refused to rent to her.’

Full Story

BBC News, 14th July 2020

Source: www.bbc.co.uk

High court backs negligence claim of Bangladeshi ship-breaker’s widow – The Guardian

Posted July 14th, 2020 in Bangladesh, duty of care, negligence, news, ships by tracey

‘A widow whose husband fell eight storeys to his death while breaking up a supertanker in Bangladesh can pursue a negligence claim against Maran (UK), a British company involved in the ship’s sale, according to a high court ruling.’

Full Story

The Guardian, 14th July 2020

Source: www.theguardian.com

‘More and more’ victims dropping out of prosecutions as court backlog mounts during coronavirus – The Independent

Posted July 14th, 2020 in coronavirus, criminal justice, delay, news, prosecutions, victims by tracey

‘“More and more” victims are dropping out of court cases as delays mount amid an increasing backlog, a leading expert has warned. Dame Vera Baird, the victims’ commissioner for England and Wales, told The Independent changes to hearings caused by the coronavirus pandemic were partly to blame.’

Full Story

The Independent, 14th April 2020

Source: www.independent.co.uk

5SAH Business Crime – July 2020 Update – 5SAH

‘Featuring the following articles and videos from our barristers who are experts in the field of Business Crime and Proceeds of Crime work:
– 5SAH Video: Asset Tracing & Recovery – Tool Kit for Businesses – Post Covid19: Webinar featuring Gary Pons & Jonathan Benton
– David Stern features in Butterworths Journal of International Banking & Financial Law – May 2020 Edition on Cum-Ex.
– New Role for Private Prosecutions in the Wake of Covid 19: Counsel Magazine: Kevin Dent QC and Jeremy Asher.
– Dishonesty? Ghosh, Ivey got a surprise for you! (R v Barton): John Oliver and Alexa Le Moine for Lexis Nexis.’

Full Story

5SAH, 6th July 2020

Source: www.5sah.co.uk

The 4 Principles Applicable to Telephone Disclosure by Giles Bridge – Broadway House Chambers

‘You are the witness to or the victim of a crime. The police officer says that they need you to hand over your mobile phone. The officer says it will be examined and all of the contents may be downloaded. The officer cannot say when you will get your phone back. There is a long backlog of phones waiting to be downloaded, it could be a couple of months. It’s your phone, you really rely upon it. Like most people, your average screen time has rocketed during lockdown. There is so much detailed and very personal information on that phone. You ask the officer, ‘Do you really need to take my phone?’ You are very reluctant to hand it over. The officer says, if you do not hand it over the case probably will not go any further. Discussions like this take place every day across the United Kingdom.’

Full Story

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

Covid 19: The impact of the crisis on competition law and tax issues in sport – Blackstone Chambers

Posted July 13th, 2020 in chambers articles, competition, coronavirus, news, sport, taxation by sally

‘The Covid 19 epidemic and consequential lockdown measures have had a disastrous impact on the seasons of winter and summer sports alike. To take but one example, Tottenham Hotspur Football Club has said that it envisages a loss of revenue of £200 million, prompting it to seek funds from the Covid Corporate Financing Facility. The combined impact on Premier League revenues as a whole is predicted in the Deloitte Annual Report for 2019-2020 to be around £1 billion. This article considers the potential impact of the Covid crisis on competition law and tax issues for sports clubs and regulatory bodies. It reflects some thoughts I gave for a Blackstone Chambers Sports Webinar on 25 June 2020.’

Full Story

Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

Case Comment – General Pharmaceutical Council v Kellett & Gamble (2020) QBD (Admin) 01/07/20; 6 WLUK 456: Regulator’s application to extend interim suspension orders: – Park Square Barristers

‘This was an application by the GPhC to extend interim orders for the suspension of the respondent husband and wife pharmacists who were co-directors of a company which owned three pharmacies.’

Full Story

Park Square Barristers, 6th July 2020

Source: www.parksquarebarristers.co.uk

Pressure mounts on Priti Patel over case of 11-year-old at risk of FGM – The Guardian

‘Barristers, former judges, politicians and campaigners are among 300 people who have signed an open letter to the home secretary, Priti Patel, urging her to grant asylum to an 11-year-old girl at high risk of female genital mutilation if taken abroad.’

Full Story

The Guardian, 10th July 2020

Source: www.theguardian.com

The impact of COVID-19 on sentencing – Park Square Barristers

‘This article reviews two Court of Appeal cases which have considered the effect that COVID-19 can have in sentencing in cases where the custody threshold has been passed. In summary, the cases make clear that the adverse effects the pandemic has had on prison life is a relevant factor a sentencing court can take into consideration in deciding: 1) whether to impose a suspend a sentence; and 2) the length of any immediate custodial sentence.’

Full Story

Park Square Barristers, 3rd July 2020

Source: www.parksquarebarristers.co.uk

A Local Authority v JB [2020] EWCA Civ 735 – Pump Court Chambers

‘In this recent decision the Court of Appeal has arguably reset the last 15 years of jurisprudence surrounding P’s capacity in regards of sexual relations. The previous case law focused on P’s ability to consent to such relations, and whether P understood the information relevant to that decision. Traditionally the ‘information relevant’ analysis took a protectionist stance, considering whether P understood the risks or pregnancy or sexual disease etc. This decision however makes it clear that information relevant to the decision, also includes the ability to understand the importance of a partner consenting to such relations.’

Full Story

Pump Court Chambers, 23rd June 2020

Source: www.pumpcourtchambers.com

UK’s Magnitsky law does little to stem flow of dirty money from Russia – The Guardian

Posted July 13th, 2020 in human rights, news, Russia, sanctions by sally

‘He is known as Vladimir Putin’s enforcer. Almost every criminal case in Russia – from Pussy Riot to anti-government street protests – passes his desk. But as of last week Moscow’s top law officer, Alexander Bastrykin, is no longer welcome in Britain. He is banned from owning property, opening a bank account or popping over from Moscow for a weekend jaunt.’

Full Story

The Guardian, 10th July 2020

Source: www.theguardian.com

What are my rights if I’m stopped and searched? – BBC News

‘The police watchdog is launching a review into whether police tactics, such as stop and search, discriminate against ethnic minorities.’

Full Story

BBC News, 10th July 2020

Source: www.bbc.co.uk