10/07/2020 – Page 2 – Current Awareness

Hastings Borough Council v Turner [2020] UKUT 184 (LC) – Tanfield Chambers

Posted July 10th, 2020 in appeals, building law, chambers articles, housing, licensing, news, planning, standards, tribunals by sally

‘A property which was converted into flats before the Building Regulations 1991 came into force, which otherwise falls within the meaning of an HMO set out in Section 254(1)(e) of the Housing Act 2004, will be an HMO unless those regulations are now complied with. When appealing the issue of an HMO license in the FTT, the burden of proof is on the applicant to establish that the property is now compliant with the Buildings Regulations 1991.’

Tanfield Chambers, 30th June 2020

Source: www.tanfieldchambers.co.uk

Damaged by COVID-19 – What losses will be recoverable? – Hardwicke Chambers

Posted July 10th, 2020 in chambers articles, contracts, coronavirus, damages, news by sally

‘The normal rule for breach of contract is that losses are assessed as at the date of breach (The Golden Victory [2007] 2 AC 353.) However, this has never been an immutable rule, and the law in this area was significantly recast in the case of W Nagel (A Firm) v Pluczenik Diamond Company [2018] EWCA Civ 2640.’

Hardwicke Chambers, 29th June 2020

Source: hardwicke.co.uk

The Care Quality Commission: an essential guide to its powers and processes – Henderson Chambers

Posted July 10th, 2020 in care homes, chambers articles, coronavirus, dentists, doctors, hospitals, news, quality assurance, regulations by sally

‘The Care Quality Commission (“CQC”) is the independent regulator of health and adult social care in England at a time when this sector faces unprecedented scrutiny. However, the CQC’s role and purpose is not well understood. This note provides an essential guide to H&S and regulatory practitioners on the CQC’s powers and procedures in anticipation of widespread enforcement action as the COVID 19 emergency eases.’

Henderson Chambers, 25th June 2020

Source: www.hendersonchambers.co.uk

High Court could get power to depart from EU case law – Litigation Futures

Posted July 10th, 2020 in brexit, consultations, courts, EC law, Ministry of Justice, news by sally

‘The Ministry of Justice (MoJ) is considering whether to allow the High Court as well as the Court of Appeal to depart from European Union case law from next year.’

Litigation Futures, 9th July 2020

Source: www.litigationfutures.com

The Even Longer Arm of PD51Z: An Update – Guildhall Chambers

Posted July 10th, 2020 in appeals, chambers articles, civil procedure rules, landlord & tenant, news, practice directions, repossession by sally

‘In the conjoined cases, the tenant (TFS Stores Limited) was the same, but the landlord was different. The tenant will be better known to many as The Fragrance Shop, and the cases at first instance focused on whether the leases in the actions were excluded from the 1954 Act protections. According to HHJ Davis-White QC, they were, and possession orders were made in respect of 5 of the 6 premises caught up in proceedings.’

Guildhall Chambers, 6th July 2020

Source: www.guildhallchambers.co.uk

Villiers v Villiers – Blackstone Chambers

Posted July 10th, 2020 in appeals, chambers articles, divorce, EC law, families, financial provision, jurisdiction, news, Scotland by sally

‘This appeal concerned the jurisdiction of an English court to make a maintenance order in favour of the wife (“W”) pursuant to s.27 of the Matrimonial Causes Act 1973 (“MCA”) in circumstances where the parties lived for most of their marriage in Scotland and the divorce proceedings issued by the husband (“H”) were conducted in Scotland.’

Blackstone Chambers, 1st July 2020

Source: www.blackstonechambers.com

The Criminal Procedure Rules – Not Just for Decoration by Paul Canfield – Broadway House Chambers

Posted July 10th, 2020 in appeals, chambers articles, criminal justice, evidence, hearsay evidence, news, sexual offences by sally

‘The recent case of R v Smith [2020] EWCA Crim 777 highlighted just how important the Criminal Procedure Rules are, and how, despite the pressures that practitioners face, they must be complied with to deal with any disputes surrounding evidence or procedure that may arise.’

Broadway House Chambers, 29th June 2020

Source: broadwayhouse.co.uk

UK Sanctions regime targets Human Rights abusers – Doughty Street Chambers

Posted July 10th, 2020 in chambers articles, human rights, news, sanctions by sally

The UK Foreign Secretary, Dominic Raab, has finally introduced a long awaited equivalent to the US Magnitsky Act.

Doughty Street Chambers, 7th July 2020

Source: insights.doughtystreet.co.uk

The New Cost Rules – A Focused Approach – Becket Chambers

Posted July 10th, 2020 in chambers articles, civil procedure rules, costs, families, family courts, financial dispute resolution, news by sally

‘A client who is successful in most forms of civil litigation can expect to recover some if not all their costs. Since the abolition of the Calderbank offer, it has been difficult to obtain cost orders in financial remedy litigation and the general rule is that the court will not make an order requiring one party to pay the costs of the other (FPR 28.3 (5)).’

Becket Chambers, 6th July 2020

Source: becket-chambers.co.uk

Ronan Cormacain: “Social Distancing” of Emergency Legislation during the Covid-19 Pandemic – UK Constitutional Law Association

Posted July 10th, 2020 in constitutional law, coronavirus, emergency powers, news by sally

‘Ordinary legislation is different in its content and method of enactment from emergency legislation. But the risk is that the longer the Covid-19 pandemic continues, the less distinct these two types of law become, and that emergency legislation becomes the new normal. The structural solution proposed to this problem is “social distancing” of emergency legislation – that emergency laws are kept separate and distinct from ordinary laws. The more we conceive of them as abnormal, the more we maintain a gap between them and our ordinary laws, the easier it will be to dump emergency laws when the pandemic is over, and the less chance they will be used for illegitimate purposes.’

UK Constitutional Law Association, 10th July 2020

Source: ukconstitutionallaw.org

Danny Dix killing: Three jailed over Rotherham attack – BBC News

Posted July 10th, 2020 in affray, homicide, imprisonment, news, sentencing by sally

‘Three men have been jailed for killing a father-of-one in a fight following a football match.’

BBC News, 9th July 2020

Source: www.bbc.co.uk

Extradition and International update – 5SAH

Posted July 10th, 2020 in chambers articles, extradition, international law, news by sally

‘The newsletter features the following articles & videos:

– Louisa Collins: German Local Courts are Competent to Issue EAWs.
– Georgia Beatty: For Lexis Nexis – Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth).
– Ben Keith and Georgia Beatty: 5SAH Video – Anne Sacoolas – Extradition, Interpol and diplomatic immunity unravelled.
– Georgia Beatty: Interpol Red Notice issued against Anne Sacoolas – is prosecution in the UK possible?’

5SAH, 1st July 2020

Source: www.5sah.co.uk

Costs and the expert – No. 5 Chambers

Posted July 10th, 2020 in chambers articles, children, costs, expert witnesses, families, news by sally

‘Dewinder Birk of No5’s Family Group has set out two cases dealing with two different aspects of experts’ costs in private children cases, but both of which highlight the robustness of the higher courts in exercising discretion in relation to costs when dealing with such matters.’

No. 5 Chambers, 1st July 2020

Source: www.no5.com

Court of Appeal upholds “unparalleled” Housing (Wales) Act 2014 eviction rules – Local Government Lawyer

Posted July 10th, 2020 in appeals, housing, landlord & tenant, licensing, news, notification, repossession, Wales by sally

‘Welsh law means that a landlord who is unlicensed cannot lawfully serve an eviction notice on tenants, the Court of Appeal has found.’

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Former Uber driver who plotted tourist terror rampage jailed for life after five-month undercover operation – Daily Telegraph

Posted July 10th, 2020 in imprisonment, news, sentencing, terrorism by sally

‘A jihadist who plotted a gun and knife rampage at busy London tourist sites has been jailed for life following a five-month undercover operation.’

Daily Telegraph, 9th July 2020

Source: www.telegraph.co.uk

PI lawyers and insurers expect dip in RTA claims – Litigation Futures

Posted July 10th, 2020 in compensation, coronavirus, insurance, law firms, news, personal injuries, statistics by sally

‘Personal injury (PI) law firms and insurers expect a dip in workload over the next six months as a result of Covid-19 but expect the market to have recovered by the end of 2021, a survey has suggested.’

Litigation Futures, 10th July 2020

Source: www.litigationfutures.com

High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

Posted July 10th, 2020 in chambers articles, closed material, disclosure, human rights, inquiries, intelligence services, judicial review, news, rendition, torture by sally

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Council faces judicial review over SEND cuts – Local Government Lawyer

Posted July 10th, 2020 in budgets, children, disabled persons, education, families, judicial review, learning difficulties, local government, news by sally

‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Sunderland Christian foster service ‘must allow gay carers’ says High Court – Local Government Lawyer

Posted July 10th, 2020 in adoption, children, Christianity, equality, families, fostering, homosexuality, news, sexual orientation discrimination by sally

‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’

Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

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