Recent Statutory Instruments – legislation.gov.uk

Posted July 2nd, 2020 in legislation by tracey

The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020

The Secure Training Centre (Coronavirus) (Amendment) Rules 2020

The Traffic Management Act 2004 (Commencement No. 9) (England) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 2nd, 2020 in law reports by tracey

Supreme Court

Hilton, R. v (Northern Ireland) [2020] UKSC 29 (1 July 2020)

Villiers v Villiers [2020] UKSC 30 (1 July 2020)

Court of Appeal (Civil Division)

Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824 (01 July 2020)

Rees & Anor v Windsor-Clive & Ors [2020] EWCA Civ 816 (01 July 2020)

High Court (Administrative Court)

Bishop v Public Service Ombudsman for Wales [2020] EWHC 1503 (Admin) (02 July 2020)

High Court (Chancery Division)

Gibbons & Anor v Smith & Ors [2020] EWHC 1727 (Ch) (01 July 2020)

The Financial Conduct Authority v Avacade Ltd & Ors [2020] EWHC 1673 (Ch) (30 June 2020)

High Court (Commercial Court)

Deutsche Bank AG London Branch v Receivers Appointed By the Court & Ors [2020] EWHC 1721 (Comm) (02 July 2020)

CH Offshore Ltd v Internaves Consorcio Naviero SA & Ors [2020] EWHC 1710 (Comm) (01 July 2020)

High Court (Queen’s Bench Division)

Ameyaw v McGoldrick & Ors [2020] EWHC 1741 (QB) (02 July 2020)

Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)

Source: www.bailii.org

Capacity to consent to chemotherapy? – UK Human Rights Law Blog

Posted July 2nd, 2020 in cancer, consent, Court of Protection, medical treatment, news by tracey

‘University Hospital and Warwickshire NHS Trust v K and another [2020] EWCOP 31, This case is a timely illustration of the unenviable task faced by judges, doctors and mental health professionals during Lockdown.

Full Story

UK Human Rights Law Blog, 1st July 2020

Source: ukhumanrightsblog.com

‘Blow’ for PPF as UK pension compensation cap ruled unlawful – OUT-LAW.com

Posted July 2nd, 2020 in age discrimination, compensation, news, pensions by tracey

‘A statutory cap on compensation payable by the UK’s Pension Protection Fund (PPF) to those who have not yet reached pension age is unlawful discrimination on the grounds of age, the High Court has ruled.’

Full Story

OUT-LAW.com, 1st July 2020

Source: www.pinsentmasons.com

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

Posted July 2nd, 2020 in competition, coronavirus, news, sport, taxation by tracey

‘Covid 19: The impact of the crisis on competition law and tax issues in sport.’

Full Story

Sports Law Bulletin from Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

Council persuades High Court judge to quash judgment in default in data breach claim after papers posted to empty office during lockdown – Local Government Lawyer

Posted July 2nd, 2020 in coronavirus, default judgments, news, postal service, service by tracey

‘The High Court has quashed a judgment in default awarded against the London Borough of Tower Hamlets because pandemic restrictions had made it impossible to the council to receive the claim concerned.’

Full Story

Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

High Court judge savages unnecessary witness statements – Litigation Futures

Posted July 2nd, 2020 in drafting, news, summary judgments, taxation, witnesses by tracey

‘A High Court judge has roundly criticised witness statements prepared for an application for summary judgment in a major piece of tax litigation, saying far too much time and money was spent on them.’

Full Story

Litigation Futures, 1st July 2020

Source: www.litigationfutures.com

Top female lawyers’ careers squeezed by bias and harassment – Legal Futures

‘The role of discrimination on the part of both general counsel and clients in disadvantaging female lawyers was revealed yesterday by a survey on improving diversity at partner level in law firms.’

Full Story

Legal Futures, 1st July 2020

Source: www.legalfutures.co.uk

Major overhaul of family courts to protect domestic abuse victims – Family Law

Posted July 2nd, 2020 in domestic violence, family courts, news, victims by tracey

‘The government has announced an overhaul of how the Family Court deals with domestic abuse to provide greater protection to survivors of domestic abuse.’

Full Story

Family Law, 1st July 2020

Source: www.familylaw.co.uk

Consultation on improving the procedure for the enforcement of family financial orders – Family Law

Posted July 2nd, 2020 in consultations, enforcement, family courts, financial provision, news by tracey

‘The Family Procedure Rule Committee (FPRC) has announced a stakeholder consultation on making the general enforcement application procedure (for the enforcement of family financial orders) more effective. The consultation follows the Law Commission’s report in December 2016 on the enforcement of family financial orders.’

Full Story

Family Law, 1st July 2020

Source: www.familylaw.co.uk

New research reveals full impact of Covid-19 restrictions on the self-employed Bar – The Bar Council

Posted July 2nd, 2020 in barristers, coronavirus, press releases, self-employment by tracey

‘New research from the Bar Council has revealed the challenge faced by many self-employed barristers in England and Wales as a result of the Covid-19 lockdown.’

Full press release

The Bar Council, 1st July 2020

Source: www.barcouncil.org.uk

Divorce ruling gives ‘untrammelled licence’ to go forum shopping – Law Society’s Gazette

Posted July 2nd, 2020 in choice of forum, divorce, news, Scotland, Supreme Court by tracey

‘A Scottish aristocrat has lost a Supreme Court appeal regarding the finances of his divorce in a ruling that will reignite debate on forum shopping.’

Full Story

Law Society's Gazette, 1st July 2020

Source: www.lawgazette.co.uk

Case Management and COVID-19: A New Road to Consistency? – Family Law Week

Posted July 2nd, 2020 in case management, coronavirus, family courts, news by tracey

‘John Jupp, Solicitor, and Lecturer in Law at the University of Sussex, considers whether family judges are making consistent case management decisions during the pandemic.’

Full Story

Family Law Week, 24th June 2020

Source: www.familylawweek.co.uk

How Judges Make their Decisions – is witness demeanour a myth? – Family Law Week

Posted July 2nd, 2020 in judiciary, juries, news, remote hearings, witnesses by tracey

‘Madeleine Whelan, barrister of Fourteen, considers how much weight judges might give to witnesses’ demeanour when evaluating their evidence in the light of a recent judgment by Mrs Justice Lieven.’

Full Story

Family Law Week, 29th June 2020

Source: www.familylawweek.co.uk

Protection of Children who are Seventeen – Family Law Week

Posted July 2nd, 2020 in care orders, children, jurisdiction, local government, news by tracey

‘Hazel Samuriwo, In-house Advocate at London Borough of Brent, details the measures available to protect young people over seventeen years of age.’

Full Story

Family Law Week, 1st July 2020

Source: www.familylawweek.co.uk

Shrewsbury hospital: ‘New and ongoing’ safety concerns revealed by NHS watchdog – The Independent

Posted July 2nd, 2020 in health & safety, hospitals, news, reports by tracey

‘Inspectors have raised “new and ongoing” patient safety concerns at Shrewsbury and Telford Hospitals Trust, it has emerged.’

Full Story

The Independent, 1st July 2020

Source: www.independent.co.uk

Campaigners welcome decision to end ‘rough sex’ defence: ‘The criminal justice system has failed so many women’ – The Independent

Posted July 2nd, 2020 in consent, defences, homicide, news, prosecutions by tracey

‘Campaigners have welcomed the government’s decision to address the rising number of killers claiming women died during rough sex by ending the so-called “rough sex” defence.’

Full Story

The Independent, 1st July 2020

Source: www.independent.co.uk

Woman loses legal challenge to NHS charges for pregnant migrants – The Guardian

Posted July 2nd, 2020 in birth, immigration, judicial review, medical treatment, news, pregnancy, repayment by tracey

‘A woman who faces decades of repayments to the NHS for maternity care has lost a case in the high court challenging the government’s healthcare charging regime for migrants.’

Full Story

The Guardian, 1st July 2020

Source: www.theguardian.com

Home Office increases support for trafficking victims after lawyers argue rates are ‘discriminatory’ – The Independent

‘The Home Office has increased support for suspected modern slavery victims after facing a legal challenge claimed the current levels were discriminatory and left vulnerable mothers unable to afford basic essentials.’

Full Story

The Independent, 1st July 2020

Source: www.independent.co.uk

Ministry of Defence reviews civil rights policy in armed forces after Navy base bans ‘taking the knee’ – The Independent

Posted July 2nd, 2020 in armed forces, demonstrations, minorities, news by tracey

‘The Ministry of Defence is reviewing policy on how members of the armed forces can show solidarity with the fight for black civil rights after “taking the knee” was banned at a military base.’

Full Story

The Independent, 1st July 2020

Source: www.independent.co.uk