Recent Statutory Instruments – legislation.gov.uk

Posted September 2nd, 2020 in legislation by tracey

The Postponed Elections and Referendums (Coronavirus) and Policy Development Grants (Amendment) Regulations 2020

The Assured Tenancies and Agricultural Occupancies (Forms) (England) (Amendment) and Suspension (Coronavirus) Regulations 2020

The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020

The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020

The Bank of England and Financial Services Act 2016 (Commencement No. 6 and Transitional Provisions) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 2nd, 2020 in law reports by tracey

High Court (Technology and Construction Court)

Daewoo Shipbuilding And Marine Engineering Company Ltd v Songa Offshore Equinox Ltd & Anor [2020] EWHC 2353 (TCC) (01 September 2020)

Source: www.bailii.org

When can contractual limitation of liability clause limit third party’s tort claim? – Practical Law: Construction Blog

Posted September 2nd, 2020 in construction industry, contracts, duty of care, negligence, news, third parties by tracey

‘This was the question the court was asked to answer in RSK Environmental Ltd v Hexagon Housing Association Ltd.’

Full Story

Practical Law: Construction Blog, 26th August 2020

Source: constructionblog.practicallaw.com

Defendant’s “potential exposure” not relevant to security for costs – Litigation Futures

Posted September 2nd, 2020 in costs, fiduciary duty, indemnities, insurance, law firms, news by tracey

‘A defendant’s potential exposure to paying the premium for after-the-event (ATE) insurance necessary to meet its demand for security for costs was “not relevant” to the question of security, the High Court has ruled.’

Full Story

Litigation Futures, 1st September 2020

Source: www.litigationfutures.com

High Court warning over JRs that “evolve exponentially” – Litigation Futures

Posted September 2nd, 2020 in case management, costs, Crown Prosecution Service, judges, judicial review, news by tracey

‘A High Court judge has criticised public law practitioners for letting judicial reviews “evolve exponentially” so that the claim advanced at the hearing bears “little resemblance” to that for which permission was granted.’

Full Story

Litigation Futures, 2nd September 2020

Source: www.litigationfutures.com

Reforms to UK’s antiquated spying laws published by Law Commission – Law Commission

‘Reform is needed to bring the law into the 21st century and protect the United Kingdom from espionage (spying) and unauthorised disclosures (leaks), according to a report from the Law Commission that has been laid in Parliament today [01 September 2020].’

Press release

Law Commission, 1st September 2020

Source: www.lawcom.gov.uk

Taxidermist jailed for trading in endangered species – Crown Prosecution Service

Posted September 2nd, 2020 in animals, imprisonment, news, sentencing by tracey

‘A 29-year-old man has been jailed for 56 weeks for trading in endangered species.’

Full Story

Crown Prosecution Service, 26th August 2020

Source: www.cps.gov.uk

Murderer sent victim’s photo to her family on WeChat – BBC News

‘A jealous man who murdered his partner and shared images of her body on a messaging app with her family has been jailed for life.’

Full Story

BBC News, 1st September 2020

Source: www.bbc.co.uk

Court agrees to withdraw boy’s hospital treatment – BBC News

Posted September 2nd, 2020 in children, Court of Protection, families, medical treatment, news by tracey

‘A 12-year-old boy with brain injuries will have his treatment withdrawn after a High Court judge found it was not in his best interests to prolong life.’

Full Story

BBC News, 1st September 2020

Source: www.bbc.co.uk

Government spends £120m in taxpayer money fighting disability benefit claims in two years, figures show – The Independent

Posted September 2nd, 2020 in appeals, benefits, disabled persons, government departments, news, statistics, tribunals by tracey

‘The government has spent more than £120m in taxpayers’ money fighting disability benefit claims in the last two years – despite losing three-quarters of tribunal appeals, The Independent can reveal.’

Full Story

The Independent, 1st September 2020

Source: www.independent.co.uk

Harry Dunn’s parents drop plan to sue US government – The Independent

‘The parents of Harry Dunn have dropped plans to sue the US government over his death in a crash allegedly involving the wife of an American intelligence official. Charlotte Charles and Tim Dunn said they had made the decision in the hope the Trump administration would allow suspect Anne Sacoolas to face the UK justice system.’

Full Story

The Independent, 1st September 2020

Source: www.independent.co.uk

Mother sues MoJ over child’s lack of access to father in jails lockdown – The Guardian

Posted September 1st, 2020 in children, families, human rights, news, prisons, telecommunications by sally

‘A mother who fears her 19-month-old child will forget their father if prison visits do not resume soon has begun preliminary legal action against the Ministry of Justice.’

Full Story

The Guardian, 31st August 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 1st, 2020 in legislation by tracey

The Designation of Schools Having a Religious Character (England) Order 2020

The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2020

The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 11) Regulations 2020

The Adoption and Children (Coronavirus) (Amendment) (No.2) Regulations 2020

The School Discipline (England) (Coronavirus) (Pupil Exclusions and Reviews) (Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

Barrister should have apologised to judge over behaviour – Legal Futures

Posted September 1st, 2020 in barristers, disciplinary procedures, fines, news by sally

‘A hugely experienced criminal defence barrister who shouted and pulled faces at a judge should have sent her a letter of apology, a Bar disciplinary tribunal has said.’

Full Story

Legal Futures, 1st September 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted September 1st, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Irish Bank Resolution Corporation Ltd v Revenue And Customs [2020] EWCA Civ 1128 (28 August 2020)

Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 (28 August 2020)

High Court (Administrative Court)

McCourt, R (On the Application Of) v The Parole Board for England And Wales & Ors [2020] EWHC 2320 (Admin) (01 September 2020)

AB v Prosecutor General’s Office, Lithuania [2020] EWHC 2348 (Admin) (27 August 2020)

High Court (Queen’s Bench Division)

Hopkins v Revenue And Customs [2020] EWHC 2355 (QB) (01 September 2020)

High Court (Technology and Construction Court)

Lane End Developments Construction Ltd v Kingstone Civil Engineering Ltd [2020] EWHC 2338 (TCC) (28 August 2020)

Source: www.bailii.org

Ofcom: Does TV Need A New Diversity Regulator? – Each Other

Posted September 1st, 2020 in BBC, diversity, media, news by sally

‘Media regulator Ofcom is under fresh scrutiny after historian David Olusoga accused it of failing to hold broadcasters accountable for their lack of diversity. EachOther spoke to industry experts about their views on his call for a new diversity regulator and what it should look like.’

Full Story

Each Other, 28th August 2020

Source: eachother.org.uk

A Force to be Reckoned with by John Bowers QC – Littleton Chambers

Posted September 1st, 2020 in armed forces, homosexuality, human rights, news by sally

‘In his article “A Force to be Reckoned with” for the New Law Journal, John Bowers QC reflects on 20 years since the ground breaking case that lifted the ban on gay men and women serving in the military. John acted for one of the applicants in this case, alongside David Pannick QC, Laura Cox, the late Peter Duffy and others.’

Full Story

Littleton Chambers, 20th August 2020

Source: littletonchambers.com

Triple threat to justice system in England and Wales, lawyers warn – The Guardian

Posted September 1st, 2020 in coronavirus, courts, criminal justice, delay, legal aid, legal profession, news by sally

‘The criminal justice system in England and Wales is facing the triple threat of a shortage of defence lawyers, financial shock as furlough assistance from the government ends and the mass postponement of trials due to the coronavirus pandemic.’

Full Story

The Guardian, 31st August 2020

Source: www.theguardian.com

Asylum seekers: Delays in processing applications rise – BBC News

Posted September 1st, 2020 in asylum, delay, news, statistics by sally

‘Delays in processing UK asylum applications increased significantly last year, official figures suggest.’

Full Story

BBC News, 31st August 2020

Source: www.bbc.co.uk

Diversity of criminal bar at risk as junior barristers forced to quit – The Guardian

Posted September 1st, 2020 in barristers, coronavirus, criminal justice, diversity, minorities, news, pupillage by sally

‘Junior barristers and pupils from underrepresented backgrounds are dropping out of the profession at an alarming rate, threatening the diversity of the criminal bar, the anonymous blogger and author known as Secret Barrister has warned.’

Full Story

The Guardian, 31st August 2020

Source: www.theguardian.com