New Acts – legislation.gov.uk

Posted October 28th, 2020 in extradition, legislation, sentencing by tracey

2020 c. 17 – Sentencing Act 2020

2020 c. 18 – Extradition (Provisional Arrest) Act 2020

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 28th, 2020 in legislation by tracey

The Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2020

The Merchant Shipping (Maritime Labour Convention and Work in Fishing Convention) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 28th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)

S (A Child : Finding of Fact) [2020] EWCA Civ 1382 (27 October 2020)

Chief Constable of West Yorkshire Police & Ors v Dyer & Ors [2020] EWCA Civ 1375 (27 October 2020)

Mazhar v Birmingham Community Healthcare Foundation NHS Trust & Ors [2020] EWCA Civ 1377 (27 October 2020)

Easter, R (On the Application Of) v Mid-Suffolk District Council & Anor [2020] EWCA Civ 1378 (27 October 2020)

The Mayor & Burgesses of the Royal Borough of Kingston-Upon-Thames v Moss [2020] EWCA Civ 1381 (27 October 2020)

Court of Appeal (Criminal Division)

Bassett v R. [2020] EWCA Crim 1376 (28 October 2020)

High Court (Administrative Court)

IG, R (On the Application Of) v The Special Immigration Appeals Commission [2020] EWHC 2867 (Admin) (28 October 2020)

Crocker v Devon And Cornwall Police [2020] EWHC 2838 (Admin) (28 October 2020)

Ali v Director of Public Prosecutions [2020] EWHC 2864 (Admin) (27 October 2020)

Zins, R (On the Application Of) v East Suffolk Council [2020] EWHC 2850 (Admin) (27 October 2020)

High Court (Chancery Division)

Sheeran & Ors v Chokri & Ors [2020] EWHC 2806 (Ch) (28 October 2020)

Sunbird Business Services Ltd, Re [2020] EWHC 2860 (Ch) (28 October 2020)

Bath Rugby Ltd v Greenwood& Ors (Costs : special considerations) [2020] EWHC 2856 (Ch) (27 October 2020)

High Court (Queen’s Bench Division)

Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) (27 October 2020)

Source: www.bailii.og

Claire Parry death: PC Timothy Brehmer jailed for manslaughter – BBC News

Posted October 28th, 2020 in domestic violence, families, homicide, imprisonment, news, police, sentencing by sally

‘A police officer who strangled his long-term lover after she exposed their affair to his wife has been jailed.’

Full Story

BBC News, 28th October 2020

Source: www.bbc.co.uk

Overturning a coroner’s verdict – 5SAH

Posted October 28th, 2020 in appeals, bereavement, chambers articles, coroners, families, inquests, news by sally

‘Why is it so difficult to overturn a coroner’s verdict at inquest level? And are coroners entitled to reach the decisions they do with regards the scope of the inquest?’

Full Story

5SAH, 20th October 2020

Source: www.5sah.co.uk

Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk

‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’

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12 King's Bench Walk, 9th October 2020

Source: www.12kbw.co.uk

Recovery against insolvent estates – The 36 Group

‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’

Full Story

The 36 Group, 26th October 2020

Source: 36group.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

Full Story

UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

Four in ten parents “do not understand remote hearings” – Legal Futures

Posted October 28th, 2020 in coronavirus, families, family courts, news, remote hearings, statistics by sally

‘Four in ten parents who have been involved in a remote family hearing say they did not understand it, a major study has discovered.’

Full Story

Legal Futures, 28th October 2020

Source: www.legalfutures.co.uk

The Covert Human Intelligence Sources (Criminal Conduct) Bill 2020 – Garden Court Chambers

‘The Government recently submitted the Covert Human Intelligence Sources (Criminal Conduct) Bill to Parliament. This Bill seeks to put the ability of undercover operatives to commit criminal offences in the course of their deployment on a statutory footing. It will be achieved by amending the Regulation of Investigatory Powers Act 2000 (RIPA) to allow a diverse range of state agencies to authorise their Covert Human Intelligence Source (CHIS) to commit criminal offences where necessary for protecting national security, preventing or detecting crime or disorder, or protecting the economic wellbeing of the UK. This will have the effect of making such activity “lawful for all purposes”, which, without providing so explicitly, effectively means full civil and criminal immunity for those who act within the terms of the authorisation.’

Full Story

Garden Court Chambers, 8th October 2020

Source: www.gardencourtchambers.co.uk

Black people nine times more likely to face stop and search than white people – The Guardian

‘Black people are nine times more likely to be stopped and searched by police than white people, official figures for England and Wales show.’

Full Story

The Guardian, 27th October 2020

Source: www.theguardian.com

The costs of freezing order applications – Littleton Chambers

Posted October 28th, 2020 in chambers articles, costs, freezing injunctions, injunctions, news by sally

‘The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs orders against respondents, or where costs issues have been deferred until trial. Most turn on their own facts and procedural histories.’

Full Story

Littleton Chambers, 21st October 2020

Source: littletonchambers.com

Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer

Posted October 28th, 2020 in civil justice, dispute resolution, local government, news, pre-action conduct by sally

‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’

Full Story

Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Be yourselves, Black female QCs advise young barristers – Legal Futures

Posted October 28th, 2020 in barristers, diversity, equality, news, race discrimination, racism, women by sally

‘Young barristers from ethnic minorities should not be afraid to be who they are – including maintaining their hair in its natural look – as they look to progress, pioneering QCs have advised.’

Full Story

Legal Futures, 28th October 2020

Source: www.legalfutures.co.uk

Inquest concludes that fatal stabbing of Bathsheba Shepherd could have been prevented – Garden Court Chambers

‘The family of a vulnerable woman who was killed by her housemate while in supported accommodation have spoken of their loss after an inquest found that her death could have been prevented if effective risk assessments had been carried out.’

Full Story

Garden Court Chambers, 5th October 2020

Source: www.gardencourtchambers.co.uk

Belsner v Cam Legal Services Ltd – Hailsham Chambers

‘In Belsner v Cam Legal Services Ltd [2020] EWHC 2755, Lavender J (“the Judge”) has held that a client (“C”) did not give informed consent to the recovery from her of a sum by her solicitors (“solicitor”) over and above the costs recovered from the defendant in litigation (“D”). As a result, the solicitors were limited to the fixed costs which they recovered from D.’

Full Story

Hailsham Chambers, 23rd October 2020

Source: www.hailshamchambers.com

Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian

‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’

Full Story

The Guardian, 27th October 2020

Source: www.theguardian.com

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

Full Story

Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Supreme Court decision on governing law of arbitration agreement – Littleton Chambers

‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’

Full Story

Littleton Chambers, 9th October 2020

Source: littletonchambers.com

‘Justice must be for all’: why court intermediaries are vital for vulnerable people – The Guardian

‘Concerns are growing that a service to help people follow court proceedings in England and Wales is to be privatised and deregulated.’

Full Story

The Guardian, 28th October 2020

Source: www.theguardian.com