The position on possession – Hardwicke Chambers

‘Andrew Skelly considers the current restrictions on a landlord’s ability to recover possession, and the emergency measures set out in the Coronavirus Act 2020 that will continue to apply after the automatic stay on possession proceedings comes to an end on 23 August 2020.’

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Hardwicke Chambers, 12th August 2020


Naturalisation for EU citizens: comprehensive sickness insurance, the elephant in the room – EIN Blog

Posted August 19th, 2020 in brexit, citizenship, EC law, health, immigration, insurance, news by sally

‘As we head towards the end of the UK’s Brexit implementation period on 31 December 2020, the thoughts of many EU nationals (here I use the term to include EEA & Swiss citizens too) who have lived, studied and worked in this country, often for many years, are turning to becoming British.’

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EIN Blog, 19th August 2020


230,000 could lose homes as eviction ban ends in England and Wales – The Guardian

Posted August 19th, 2020 in coronavirus, debts, housing, landlord & tenant, news, rent, repossession, statistics by sally

‘A man whose partner died of coronavirus after they moved into their dream flat is among 230,000 people who face having to leave their homes when the government lifts its ban on evictions in England and Wales this weekend.’

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The Guardian, 19th August 2020


Man jailed for biting Rochdale PC during attack on officers – BBC News

Posted August 19th, 2020 in assault, coronavirus, criminal damage, imprisonment, news, police, sentencing by sally

‘A man who attacked three police officers during the Covid-19 lockdown, one of whom he bit, has been jailed.’

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BBC News, 18th August 2020


Recent Statutory Instruments –

Posted August 19th, 2020 in legislation by tracey

The Town and Country Planning (Use Classes) (Amendment) (England) (No. 2) Regulations 2020

The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) (No. 2) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 8) Regulations 2020

The Health Protection (Coronavirus, Restrictions on Gatherings) (North of England) (Amendment) (No. 2) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 3) Regulations 2020

The Offshore Chemicals and Offshore Petroleum Activities (Oil Pollution Prevention and Control) (Coronavirus) (Amendment) Regulations 2020


Fairness in “conducive to the public good” exclusion decisions – Garden Court Chambers

Posted August 19th, 2020 in chambers articles, criminal justice, deportation, immigration, news by sally

‘Exclusion decisions prohibit entry to the UK and are made under a non-statutory power exercised personally by the Home Secretary. They tend to be used against foreign national (non-EU) prisoners who have taken up the offer of assistance to leave the UK under the facilitated returns scheme. They are made on the basis that preventing the person’s return here is conducive to the public good.’

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Garden Court Chambers, 5th August 2020


Sister of jailed jihadist given suspended sentence over ‘misguided loyalty’ – The Guardian

‘A woman who practised knife fights with her jihadist brother as he plotted a terrorist attack in London has been given a suspended prison sentence after a judge said she acted out of “misguided loyalty”.’

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The Guardian, 18th August 2020


BAILII: Recent Decisions

Posted August 18th, 2020 in law reports by tracey

Supreme Court

Shagang Shipping Company Ltd v HNA Group Company Ltd [2020] UKSC 34 (05 August 2020)

Court of Appeal (Civil Division)

R v P (Children: Similar Fact Evidence) [2020] EWCA Civ 1088 (18 August 2020)

Walker v Co-Operative Group Ltd & Anor [2020] EWCA Civ 1075 (14 August 2020)

Bloomsbury Institute Ltd, R (On the Application Of) v The Office for Students [2020] EWCA Civ 1074 (14 August 2020)

CFH Clearing Ltd v Merrill Lynch International [2020] EWCA Civ 1064 (14 August 2020)

Akram, R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1072 (12 August 2020)

High Court (Administrative Court)

Ingenious Construction Ltd, R (On the Application Of) v Revenue And Customs [2020] EWHC 2255 (Admin) (18 August 2020)

Shaw & Anor, R (On the Application Of) v Secretary of State for Education [2020] EWHC 2216 (Admin) (14 August 2020)

High Court (Chancery Division)

Cotterell & Anor v Allendale & Anor [2020] EWHC 2234 (Ch) (17 August 2020)

Vucicevic & Anor v Aleksic & Ors [2020] EWHC 2236 (Ch) (14 August 2020)

Rettendon Parish Council v Hart & Ors [2020] EWHC 2221 (Ch) (14 August 2020)

Schwartz v VGV (UK) Ltd & Ors [2020] EWHC 2227 (Ch) (14 August 2020)

Secretary of State for Business, Energy and Industrial Strategy v Rahman [2020] EWHC 2213 (Ch) (14 August 2020)

High Court (Commercial Court)

KfW v Singal (Costs) [2020] EWHC 2214 (Comm) (18 August 2020)

KfW v Singal [2020] EWHC 2214 (Comm) (18 August 2020)

High Court (Family Division)

Akhmedova v Akhmedov & Ors [2020] EWHC 2235 (Fam) (14 August 2020)

High Court (Queen’s Bench Division)

Campbell v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) (14 August 2020)

Jovicic & Ors v The Serbian Orthodox Church-Serbian Patriarchy [2020] EWHC 2229 (QB) (13 August 2020)

Advisory, Conciliation and Arbitration Service v Woods [2020] EWHC 2228 (QB) (13 August 2020)

High Court (Technology and Construction Court)

Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 2211 (TCC) (14 August 2020)


Four more Nightingale courts open – Law Society’s Gazette

Posted August 18th, 2020 in coronavirus, courts, delay, news, solicitors, working time by sally

‘The Law Society has once again urged the government to avoid extending court hours to reduce the justice backlog after four more Nightingale courts opened this week.’

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Law Society's Gazette, 18th August 2020


An insight into the relevance of insight in misconduct outcomes – UK Police Law Blog

Posted August 18th, 2020 in disciplinary procedures, misfeasance in public office, news, police by sally

‘If a police officer facing professional disciplinary proceedings disputes the misconduct allegations and continues to do so even after a finding of gross misconduct, can the misconduct hearing conclude that that the officer lacks insight and remorse – and impose a higher disciplinary sanction? The case of General Medical Council v Awan [2020] EWHC 1553 (Admin) from the medical regulatory tribunals suggest that such a conclusion should not be reached automatically, although a continued denial of the findings may well be a relevant consideration.’

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UK Police Law Blog, 17th August 2020


Public Inquiries and Survivors: an in-depth look at the JR challenge to the Manchester Arena Inquiry – UK Human Rights Blog

Posted August 18th, 2020 in human rights, inquests, inquiries, judicial review, news, terrorism, victims by sally

‘A recent decision of the High Court concerning the Manchester Arena Inquiry highlights an interesting question about public inquiries, the role of survivors and the protections offered by the European Convention.’

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UK Human Rights Blog, 17th August 2020


Rent arrears and RROs – Nearly Legal

Posted August 18th, 2020 in landlord & tenant, news, rent, repayment, repossession by sally

‘This is a First Tier Tribunal (Property Chamber) decision on an application for a Rent Repayment Order (RRO), which unusually deals with the issue of the tenant’s rent arrears.’

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Nearly Legal, 16th August 2020


Domestic abuse worsened in lockdown for two-thirds of survivors, BBC investigation finds – Daily Telegraph

Posted August 18th, 2020 in coronavirus, domestic violence, news by sally

‘Data uncovered by Panorama showed there was a call relating to domestic abuse every 30 seconds during the first seven weeks of lockdown.’

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Daily Telegraph, 16th August 2020


BSB chief aims to arrange exam resits as soon as possible – Legal Futures

Posted August 18th, 2020 in barristers, complaints, computer programs, examinations, legal education, news by sally

‘The Bar Standards Board (BSB) is looking to arrange another round of exams well before December, its chief executive has told Legal Futures, as complaints about the online system mount.’

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Legal Futures, 18th August 2020


RSPCA calls for more regulation in pet industry – BBC News

Posted August 18th, 2020 in animal cruelty, animals, charities, dogs, news by sally

‘Not all local authorities require dog walkers, trainers and groomers to have qualifications and licences to operate, say the RSPCA, and this can lead to some animals being put at risk.’

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BBC News, 18th August 2020


Capacity and Serious Medical Treatment – Pump Court Chambers

‘This case concerned a young woman, K, who was assessed to lack capacity. K was diagnosed with cancer. The proposed treatment was “complex”, “intrusive” and was described as a “life-altering complexion”.’

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Pump Court Chambers, 6th August 2020


BAME children three times more likely to have a Taser weapon used on them by police – The Guardian

‘Children from black, Asian and minority ethnic backgrounds are almost three times more likely to have a Taser electronic weapon used on them by police than their white counterparts.’

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The Guardian, 16th August 2020


Court avers the right to legal proceedings but you may still have to pay up front on existing judgments – Hardwicke Chambers

‘This case acts as a reminder of the hierarchy to seeking a remedy in construction contracts. The right to legal proceedings in construction contracts is more fundamental than the payment provisions. The payment provisions are superior to the adjudication provisions. However, a party will still have to honour judgment debts in related proceedings.’

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Hardwicke Chambers, 5th August 2020


Successful TOEIC appellants to be granted 2.5 years Leave to Remain – Garden Court Chambers

‘The Home Office has agreed that any TOEIC appellants who succeed in their appeals on Article 8 grounds, should be granted 2.5 years leave to remain.’

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Garden Court Chambers, 4th August 2020


A-level student launches legal bid against Ofqual – The Guardian

‘An A-level student has launched a legal bid against the exams regulator Ofqual to “force them to come up with a fairer system”.’

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The Guardian, 16th August 2020