High court set to rule on humanist wedding recognition in England and Wales – The Guardian

‘Although the government was authorised by parliament to legally recognise humanist weddings in 2013, it has not done so. More than 6,000 couples who have gone through humanist ceremonies since then have faced a choice between having a second civil ceremony at a registry office or having no legal recognition of their marriage.’

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The Guardian, 1st July 2020

Source: www.theguardian.com

Rights of UK citizens in EU at risk as member states’ legislation not yet in place – The Guardian

Posted July 1st, 2020 in brexit, EC law, freedom of movement, news by sally

‘British citizens living in the EU may face significant work and travel hurdles from next year because member states have failed to get to grips with the impact of Brexit on their rights, MPs have been told.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Rental e-scooters to be made legal on roads in Great Britain from Saturday – BBC News

Posted July 1st, 2020 in coronavirus, local government, news, road safety, road traffic, transport by sally

‘Rental e-scooters will become legal on roads in Great Britain from Saturday, in a bid to ease pressure on public transport amid the coronavirus crisis.’

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BBC News, 30th June 2020

Source: www.bbc.co.uk

UK intelligence torture case to be held in secret after challenge fails – The Guardian

‘A judicial review aimed at overturning a decision to ditch a judge-led inquiry into the involvement of British intelligence in torture and rendition will be heard in secret after a challenge involving two MPs failed.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Prisons watchdog finds children ‘routinely handcuffed’ – BBC News

‘Detainees, including children, are still being routinely handcuffed in custody in a practice described as “inappropriate and very concerning”.’

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BBC News, 1st July 2020

Source: www.bbc.co.uk

Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions (Part 2) – UK Constitutional Law Association

‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic, the central purpose of which is to protect public health by both containing the rate of infection and protecting the NHS’ capacity to treat a potential influx of COVID-19 patients. As part of our ongoing research on Law and Compliance during COVID-19, we have now undertaken two public opinion surveys to better understand public attitudes to the lockdown. We want to understand more about how people understand the rules, if they see themselves as compliant, what drives compliance, and how the rules relate to ordinary perceptions of rights.’

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UK Constitutional Law Association, 25th June 2020

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 1st, 2020 in legislation by tracey

The Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2020

The Fees for Payment of Taxes, etc. by Card Regulations 2020

The Childcare Payments (Coronavirus and Miscellaneous Amendments) Regulations 2020

The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 2) Regulations 2020

The Tribunal Procedure (Amendment) Rules 2020

The Merchant Shipping (Prevention of Pollution by Garbage from Ships) Regulations 2020

The Merchant Shipping (Prevention of Pollution by Sewage from Ships) Regulations 2020

Source: www.legislation.gov.uk

Local Lockdown: England’s Uneven Path To Easing Coronavirus Restrictions – Each Other

Posted July 1st, 2020 in coronavirus, freedom of movement, human rights, news by sally

‘The UK government has introduced its first “local lockdown,” days before coronavirus restrictions in England were due to be further eased. As pubs, restaurants and hairdressers across much of the country prepare to re-open from 4 July, Leicester will endure stricter measures for at least another two weeks.’

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Each Other, 30th June 2020

Source: eachother.org.uk

Criminal cases backlog could take a decade to clear, watchdog warns – The Guardian

‘The backlog of untried cases in the criminal justice system – which has ballooned during lockdown – could take a decade to clear, an official watchdog has warned.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 1st, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Konevod v Secretary of State for Work And Pensions [2020] EWCA Civ 809 (30 June 2020)

Lamesa Investments Ltd v Cynergy BankLtd [2020] EWCA Civ 821 (30 June 2020)

Court of Appeal (Criminal Division)

Hepburn v R. [2020] EWCA Crim 820 (30 June 2020)

High Court (Administrative Court)

Reprieve & Ors, R (On the Application Of) v The Prime Minister [2020] EWHC 1695 (Admin) (30 June 2020)

High Court (Chancery Division)

Ras Al Khaimah Investment Authority v Azima [2020] EWHC 1686 (Ch) (30 June 2020)

High Court (Commercial Court)

DVB Bank SE & Anor v Vega Marine Ltd & Ors [2020] EWHC 1704 (Comm) (30 June 2020)

Union Fenosa Gas, S.A. v Arab Republic of Egypt [2020] EWHC 1723 (Comm) (30 June 2020)

Source: www.bailii.org

Assume hearings are going to be remote, says judge – Litigation Futures

‘Parties should assume hearings will be held remotely at the moment and explain why it would not be just to do so if they want one in person, a High Court judge has ruled.’

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Litigation Futures, 25th June 2020

Source: www.litigationfutures.com

Major failures led to accidental release of serial rapist, report finds – The Guardian

‘Significant failings by prison and probation staff, and a policy of not recalling high risk prisoners to alleviate pressure on a growing prison population, saw serial rapist Joseph McCann mistakenly freed from jail to attack 11 women and children, a review has found.’

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The Guardian, 30th June 2020

Source: www.theguardian.com

Discontinuing or settling a claim? Lawyers Beware – No. 5 Chambers

‘Thinking of discontinuing, or settling a claim? This 21-page Judgment (admonishment) provides some important guidance on the dos and don’ts, particularly the don’ts.’

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No. 5 Chambers, 19th June 2020

Source: www.no5.com

Landlord’s knowledge of breach: waiver of forfeiture Faiz v Burnley BC [2020] EWCA 407 (Ch); 2 WLUK 318 (Ch D) – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, forfeiture, landlord & tenant, news, rent by sally

‘The High Court in Faiz considered the interrelationship between a landlord’s knowledge and the date of accrual of a tenant’s liability and their effect on waiver of forfeiture.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

Use as a Private Dwelling House Does Not Include Shortterm Holiday Lets – St Ives Chambers

Posted July 1st, 2020 in appeals, chambers articles, covenants, holidays, leases, news, tribunals by sally

‘Many property owners are taking advantage of new technology to advertise short term stays at their properties on various platforms. Two of the most common are Airbnb and Booking.com. Changes to the tax relief available on buy to let mortgages has also caused a move towards Furnished Holiday Lettings.’

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St Ives Chambers, June 2020

Source: www.stiveschambers.co.uk

GMC Allowed to Investigate Dual-Qualified Doctor/Solicitor for Actions Taken in Legal Practice – Old Square Chambers

‘In the recent case of Dr Ogunsanya and Taylor Woods Solicitors v General Medical Council [2020] EWHC 1500 (QB), Eady J rejected the Claimants’ application for an injunction against the General Medical Council (‘GMC’) preventing the GMC from investigating the actions of the First Claimant (who is dual qualified as a doctor and as a solicitor) on the basis that the GMC had no jurisdiction because he was acting in his capacity as a solicitor, and not as a doctor, at the time. In rejecting the application, Eady J held that the allegations, amounting as they did to potential allegations of dishonesty, did fall within the GMC’s jurisdiction given their potential to prejudice the reputation of the profession. That there might be an overlap with another regulatory regime (that of the Solicitors Regulation Authority (‘SRA’)) did not oust that jurisdiction.’

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Old Square Chambers, 23rd June 2020

Source: www.oldsquare.co.uk

Waiver of the right to forfeit – Hardwicke Chambers

‘The recent case of Faiz & Ors v Burnley Borough Council [2020] EWHC 407 (Ch) provides clarity on a tricky practical issue: when can a landlord accept monies after it gains knowledge of its right to forfeit?’

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Hardwicke Chambers, 17th June 2020

Source: hardwicke.co.uk

Insolvent Companies and Adjudication: Bresco Services Limited v Michael J Lonsdale [2020] UKSC 25 – Hardwicke Chambers

‘Adjudication is a quick and comparatively cheap method of dispute resolution and for those reasons is attractive to insolvent companies seeking to recover debts. However, a respondent was likely to be able to restrain the insolvent company from referring the matter to adjudication on the basis that it would be futile to do so, since any positive decision was unlikely to be enforced as a result of the very fact of the company’s insolvency. Therefore, any award lacked practical utility. Following the decision of the Supreme Court in Bresco v Lonsdale, that is no longer the case.’

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Hardwicke Chambers, 17th June 2020

Source: hardwicke.co.uk