BAILII: Recent Decisions

Posted October 2nd, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Hewitt, R. [2020] EWCA Crim 1247 (01 October 2020)

High Court (Administrative Court)

Seidi v Tribunal Judicial Da Comarca De Lisboa, Portugal [2020] EWHC 2597 (Admin) (02 October 2020)

Girling v East Suffolk Council [2020] EWHC 2579 (Admin) (01 October 2020)

High Court (Chancery Division)

London Borough of Brent v Johnson & Ors [2020] EWHC 2526 (Ch) (01 October 2020)

High Court (Commercial Court)

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWHC 2602 (Comm) (02 October 2020)

Palmali Shipping SA v Litasco SA [2020] EWHC 2581 (Comm) (01 October 2020)

High Court (Queen’s Bench Division)

Gavigan v Norton [2020] EWHC 2583 (QB) (01 October 2020)

Source: www.bailii.org

Lord Chancellor’s Speech: Opening of the Legal Year Service – Ministry of Justice

‘Speech delivered by the Lord Chancellor at Temple Church for the Opening of the Legal Year Service.’

Full press release

Ministry of Justice, 2nd October 2020

Data protection challenges of remote working – Local Government Lawyer

‘Samantha Smith looks at how organisations can handle the data protection challenges of remote working.’

Full Story

Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

The Court of Protection, s.48 and interim orders – Local Government Lawyer

Posted October 2nd, 2020 in care homes, consent, Court of Protection, local government, mental health, news by tracey

‘Lee Parkhill analyses an important Court of Protection ruling on s. 48 of the Mental Capacity Act and interim orders.’

Full Story

Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

Disabled lawyers “benefit from homeworking during pandemic” – Legal Futures

‘The suspension of office working under lockdown has helped improve the mental and physical health of disabled lawyers, research has indicated.’

Full Story

Legal Futures, 2nd October 2020

Source: www.legalfutures.co.uk

How cohabiting couples should protect their finances – Family Law

‘Historically, cohabitation agreements, sometimes known as “no-Nups”, were frowned upon as they were seen to encourage sexual relations outside of marriage. Thankfully, times have moved on and that’s no longer the case. The general view is that such agreements are enforceable if they deal with cohabitees’ property and affairs, and provided they are entered into freely with full information. Often, disputes between cohabitees following separation relate to what was or wasn’t intended, for example, in relation to the property in which they live. Having a clear record of the cohabitees’ intentions in a cohabitation agreement can avoid expensive disputes about those issues.’

Full Story

Family Law, 30th September 2020

Source: www.familylaw.co.uk

No fault divorce – why lawyers like me hope new law can end the bitter blame game – Family Law

Posted October 2nd, 2020 in bills, divorce, families, family courts, legal profession, news, solicitors by tracey

‘As a divorce lawyer, it is important to remember that you are the ultimate distress purchase. No-one starts their marriage thinking it will end in divorce. If the sad day does come when a marriage fails, emotions can run high. Parties can be quick to blame each other for the breakdown. They may think that in placing the blame at the door of the other spouse, they may achieve a better financial outcome, or more time with the kids. You may think “so far, so good” for divorce lawyers. Surely they will benefit from a “War of the Roses” style divorce battle with each party playing the blame game? After all, we all know the good Yorkshire saying: “Where there’s muck, there’s brass”.’

Full Story

Family Law, 30th September 2020

Source: www.familylaw.co.uk

‘Basil’ from the Hatton Garden security vault heist ordered to pay almost £6million – Crown Prosecution Service

‘One of the ringleaders from the Hatton Garden security vault heist has today been ordered to pay £5,997,684.93. Michael Seed, known as “Basil”, 58, was convicted in March 2019 for his part in the £13.69 million heist, believed to be one of the largest burglaries in English history.’

Full Story

Crown Prosecution Service, 1st October 2020

Source: www.cps.gov.uk

Society alarmed by Covid-19 exemption for lawyers – Law Society’s Gazette

‘The Law Society has raised concerns about latest coronavirus regulations which allow lawyers to break self-isolation rules.’

Full Story

Law Society's Gazette, 2nd October 2020

Source: www.lawgazette.co.uk

Ex-headteacher jailed for murder of estranged wife and lover – The Guardian

Posted October 2nd, 2020 in families, imprisonment, married persons, murder, news, sentencing by tracey

‘A former headteacher has been jailed for a minimum of 31 years for murdering his estranged wife and her lover on New Year’s Day.’

Full Story

The Guardian, 1st October 2020

Source: www.theguardian.com

Legalise e-scooters in UK as alternative to short car trips, MPs say – The Guardian

‘MPs have called on the government to legalise e-scooters in the UK and advertise them to car drivers as a greener alternative for short journeys.’

Full Story

The Guardian, 2nd October 2020

Source: www.theguardian.com

Ex-BBC presenter jailed for child sex offences – BBC News

‘A former BBC presenter and church minister has been sentenced to 10 years and four months in prison for sexually abusing children and adults.’

Full Story

BBC News, 2nd October 2020

Source: www.bbc.co.uk

Man, 41, loses ‘unprecedented’ legal bid for parents’ financial support – BBC News

Posted October 1st, 2020 in disabled persons, families, financial provision, mental health, news by sally

‘A 41-year-old man has failed in a legal bid to force his wealthy parents to continue financially supporting him.’

Full Story

BBC News, 30th September 2020

Source: www.bbc.co.uk

Banaz Mahmod murder: ‘What they did was unforgivable’ – BBC News

Posted October 1st, 2020 in domestic violence, families, forced marriages, murder, news, young persons by sally

‘Banaz Mahmod was 20-years-old when she was murdered by her uncle and father after they said she had shamed their family.’

Full Story

BBC News, 30th September 2020

Source: www.bbc.co.uk

85 bird crime incidents recorded last year, says RSPB report – The Guardian

Posted October 1st, 2020 in birds, environmental protection, game laws, news, setting traps by sally

‘There were 85 confirmed incidents of the illegal shooting, trapping and poisoning of birds of prey in Britain in 2019, according to the RSPB’s annual Birdcrime report.’

Full Story

The Guardian, 1st October 2020

Source: www.theguardian.com

Repairs, renewals and ‘like for like’ – Nearly Legal

Posted October 1st, 2020 in landlord & tenant, local government, news, repairs, service charges by sally

‘A rather odd Upper Tribunal appeal of an FTT decision as to whether the costs of a new roof to parts of a block of flats would be recoverable under the service charge.. which takes us into the nature of a repair or renewal and how far it needs to be ‘like for like’ or whether it simply needs to be such as to make the property ‘reasonably fit for occupation’.’

Full Story

Nearly Legal, 30th September 2020

Source: nearlylegal.co.uk

Brexit: EU launches legal action against UK for breaching withdrawal agreement – The Guardian

‘The EU has launched legal action against the UK after Boris Johnson failed to respond to Brussels’ demand that he drop legislation that would overwrite the withdrawal agreement and break international law.’

Full Story

The Guardian, 1st October 2020

Source: www.theguardian.com

Plastic straw ban in England comes into force – BBC News

Posted October 1st, 2020 in environmental protection, news, waste by sally

‘A ban on single-use plastic straws, stirrers and cotton buds has come into force in England.’

Full Story

BBC News, 1st October 2020

Source: www.bbc.co.uk

“Negligent” firm avoids wasted costs order after failing to pass on offer – Litigation Futures

Posted October 1st, 2020 in costs, law firms, negligence, news, wasted costs orders by sally

‘The High Court has upheld a decision not to order wasted costs against a law firm that failed to pass on a “drop hands” settlement offer to a client who was ultimately found to be fundamentally dishonest.’

Full Story

Litigation Futures, 30th September 2020

Source: www.litigationfutures.com

Half of coronavirus fines go unpaid in England and Wales – The Guardian

Posted October 1st, 2020 in coronavirus, enforcement, fines, magistrates, news, penalties, police, regulations by sally

‘Half the fines issued by police for breaches of coronavirus rules in England and Wales have not been paid and will be dealt with by the already beleaguered courts, it has been revealed.’

Full Story

The Guardian, 30th September 2020

Source: www.theguardian.com