Ofgem takes action on ‘unscrupulous’ UK energy brokers – The Guardian

Posted July 29th, 2020 in care homes, charities, consumer protection, energy, news, ombudsmen by tracey

‘Regulators’ plans aim to stop energy brokers overcharging small businesses and local bodies including care homes.’

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The Guardian, 29th July 2020

Source: www.theguardian.com

‘Radical’ reform needed for police to cope with modern crime and security threats, report finds – The Independent

Posted July 29th, 2020 in criminal justice, news, police, reports, statistics by tracey

‘“Radical” reform is needed for police to be able to cope with modern crime and security threats, a report has said.’

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The Independent, 29th August 2020

Source: www.independent.co.uk

New Acts – legislation.gov.uk

Posted July 29th, 2020 in financial regulation, legislation by tracey

Finance Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 29th, 2020 in legislation by tracey

The Progress Power (Gas Fired Power Station) (Amendment) Order 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 4) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 29th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Organic Grape Spirit Ltd v Nueva IQT, SL [2020] EWCA Civ 999 (28 July 2020)

Court of Appeal (Criminal Division)

Labinjo-Halcrow v R. [2020] EWCA Crim 951 (28 July 2020)

High Court (Administrative Court)

Danfelds & Anor v General Prosecutor’s Office, Latvia [2020] EWHC 2042 (Admin) (28 July 2020)

Dalton, R (On the Application Of) v The Crown Prosecution Service (CPS) [2020] EWHC 2013 (Admin) (27 July 2020)

High Court (Chancery Division)

Pengelly v Business Mortgage Finance 4 Plc [2020] EWHC 2002 (Ch) (28 July 2020)

Lewis v Clarke & Anor [2020] EWHC 1975 (Ch) (28 July 2020)

The Federal Deposit Insurance Corporation v Barclays Bank Plc & Ors [2020] EWHC 2001 (Ch) (27 July 2020)

Wynne-Finch & Ors v Natural Resources Body for Wales [2020] EWHC 1924 (Ch) (27 July 2020)

London Capital & Finance Plc v London Capital Marketing Ltd [2020] EWHC 2028 (Ch) (27 July 2020)

High Court (Commercial Court)

Blockchain Optimization SA & Anor v LFE Market Ltd & Ors [2020] EWHC 2027 (Comm) (28 July 2020)

Sea Master Shipping Inc v Arab Bank (Switzerland) Ltd & Anor [2020] EWHC 2030 (Comm) (28 July 2020)

Nautica Marine Ltd v Trafigura Trading LLC (Rev 1) [2020] EWHC 1986 (Comm) (28 July 2020)

Axa S.A. v Genworth Financial International Holdings, Llc & Ors [2020] EWHC 2024 (Comm) (27 July 2020)

High Court (Family Division)

AB v AN & Anor [2020] EWHC 2048 (Fam) (28 July 2020)

High Court (Queen’s Bench Division)

Create Financial Management LLP v Lee & Anor [2020] EWHC 2046 (QB) (28 July 2020)

Sivaji v Ministry of Defence [2020] EWHC 2006 (QB) (27 July 2020)

Brentwood Borough Council v Thursting & Ors [2020] EWHC 2040 (QB) (27 July 2020)

Source: www.bailii.org

Andrew Bunting -v- Zurich Insurance Plc [2020] EWHC 1807 (QB): Case Comment – 12 King’s Bench Walk

Posted July 28th, 2020 in accidents, damages, deposits, insurance, news, road traffic by sally

‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’

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12 King's Bench Walk, 24th July 2020

Source: www.12kbw.co.uk

My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers

Posted July 28th, 2020 in child arrangements orders, children, divorce, family courts, news by sally

‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’

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Becket Chambers, 22nd July 2020

Source: becket-chambers.co.uk

Have sports stars been caught out by Corona – Church Court Chambers

Posted July 28th, 2020 in contract of employment, coronavirus, news, remuneration by sally

‘It is not just in the worlds of finance and commerce where the effects of the global Corona Virus pandemic are currently being felt. The sporting world is also suffering at the hands of this novel virus. And many clubs are doing anything to make savings. But will that be enough? As has been publicised this weekend, Wigan Athletic Football Club have called in the administrators as a result of their financial woes. Seven years after winning the FA Cup, their fall from those dizzy heights has reached a new low.’

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Church Court Chambers, July 2020

Source: churchcourtchambers.co.uk

A Guide to Protestor Rights Balanced Against Police Powers – St Pauls Chambers

‘Article 10 of the Human Rights Act 1998 enshrines the right to the freedom of expression and Article 11 establishes the right of freedom of assembly and association. However, these rights are qualified, meaning that, in certain circumstances, these rights can be interfered with. The interference with these rights must be proportionate and necessary in the pursuit of a legitimate aim. For example, protestor rights to freedom of expression and freedom of assembly may be compromised where this is necessary in order to ensure public safety, prevent crime or disorder, protect the rights of others, or national security.’

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St Pauls Chambers, 18th July 2020

Source: www.stpaulschambers.com

UK search warrants following an International Letter of Request (R (on the application of Terra Services Ltd) v NCA): Lexis Nexis Analysis – 5SAH

‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’

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5SAH, 27th July 2020

Source: www.5sah.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

‘With the delay to the introduction of the Liberty Protection Safeguards until April 2022, and unless the Mental Health Act 1983 is applicable, there is no administrative mechanism available to authorise the deprivation of liberty for a person with impaired decision-making capacity who is either (1) outside a hospital or care home; or (2) is in a hospital or care home or is aged 16 or 17. This means that, unless a court authorises the position, those people caring for the person have no legal “cover” for their actions, and (where relevant) the public body commissioning care or aware of the person’s circumstances will also be acting unlawfully.’

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39 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Unfit for work? Fair trial rights means benefit pending review – Doughty Street Chambers

Posted July 28th, 2020 in appeals, benefits, disabled persons, employment, human rights, news by sally

‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’

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Doughty Street Chambers, 25th July 2020

Source: insights.doughtystreet.co.uk

Hindsight bias in health and safety – Six Pump Court

Posted July 28th, 2020 in bias, health & safety, news, statutory duty by sally

‘David Travers QC of 6 Pump Court discusses hindsight bias, its relevance to health and safety cases and how to avoid its impact.’

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Six Pump Court, July 2020

Source: www.6pumpcourt.co.uk

The End is in Sight – but what then?- St Ives Chambers

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

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St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order – Local Government Lawyer

Posted July 28th, 2020 in appeals, confiscation, fines, news, planning by sally

‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’

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Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

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UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org

MI6 apologises for court ‘interference’ – BBC News

Posted July 28th, 2020 in intelligence services, investigatory powers, news, tribunals by sally

‘MI6 officers have been accused of attempting to interfere in a major legal battle over crimes linked to intelligence agencies.’

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BBC News, 27th July 2020

Source: www.bbc.co.uk

Relationships with counsel and chambers – Law Society’s Gazette

Posted July 28th, 2020 in bias, judiciary, news, recusal by sally

‘It is of fundamental importance that judicial decisions should be made free from bias or partiality – it has long been recognised that justice must not only be done but must also be seen to be done (R v Sussex Justices, ex parte McCarthy [1924] 1 KB 256). A judge must, therefore, recuse themselves in circumstances of actual or apparent bias.’

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Law Society's Gazette, 27th July 2020

Source: www.lawgazette.co.uk

Cardiff barking dog row attacker guilty of murder – BBC News

Posted July 28th, 2020 in dogs, grievous bodily harm, murder, news, noise by sally

‘A man who attacked his neighbour in a row over a barking dog has been convicted of murdering him.’

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BBC News, 27th July 2020

Source: www.bbc.co.uk

Met uses software that can be deployed to see if ethnic groups ‘specialise’ in areas of crime – The Guardian

Posted July 28th, 2020 in computer programs, London, minorities, news, police by sally

‘Origins software produced by Trevor Phillips’s firm allows users to profile suspects, says company.

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The Guardian, 27th July 2020

Source: www.theguardian.com