Brexit: UK to ban more EU citizens with criminal records – BBC News

Posted October 22nd, 2020 in brexit, criminal records, immigration, news, regulations by sally

‘Many more EU citizens with criminal records will be barred from entering the UK from January, the Home Office has said.’

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BBC News, 22nd October 2020


Letters to UK crime victims from CPS ‘unsatisfactory’ – The Guardian

Posted October 22nd, 2020 in Crown Prosecution Service, news, prosecutions, rape, reasons, reports, victims by sally

‘Letters to victims of rape and other crimes sent by the Crown Prosecution Service explaining legal decisions are of poor quality, lack human empathy and are frequently late, according to an official watchdog.’

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The Guardian, 22nd October 2020


Abortion “pills by post”: approval of procedure not unlawful – Court of Appeal – UK Human Rights Blog

Posted October 22nd, 2020 in abortion, doctors, judicial review, news by sally

‘The secretary of state had granted a temporary approval during the COVID-19 pandemic of “the home of a pregnant woman” as a class of places for the taking of Mifepristone, one of the two drugs required for a termination of pregnancy during the first 10 weeks. The appellants challenged this decision by way of judicial review, arguing, inter alia, that it was unlawful as being without the powers conferred by the Abortion Act 1967 (as amended).’

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UK Human Rights Blog, 21st October 2020


Implication and imputation; the Supreme Court’s decision in Enka – Six Pump Court

‘This article considers some of the particular aspects in the recent Supreme Court decision of Enka Insaat Ve Sanayi v OOO Insurance Company Chubb & Others [2020] UKSC 38. In particular it looks at the significance of the distinction between implication of agreement through application of ordinary contractual principles and imputation of terms by the application of conflict of law provisions contained in the Rome I Regulation or as established by the common law.’

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Six Pump Court, 20th October 2020


Divorcing A Parent – Pallant Chambers

Posted October 21st, 2020 in chambers articles, children, divorce, families, news, parental responsibility by sally

‘A spoilt teenager may selfishly cry “I wish you weren’t my mum / dad anymore!” for dramatic effect, but in other families this can be the genuine plea of an abused child. Their desire to cut ties and to restrict the abusive parent’s involvement in their lives is usually understandable but is not always easy to do.’

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Pallant Chambers, 19th October 2020


Furlough and administration: when is a contract of employment ‘adopted’? – Exchange Chambers

‘The Coronavirus Job Retention Scheme (the scheme) has been ground breaking for employers, employees and administrators of insolvent companies, each of whom have swiftly adjusted to the practical and commercial effects of the scheme. The scheme very quickly gave rise to applications to the High Court, by administrators of high-profile companies, for directions as to whether a contract of employment of a “furloughed employee” had been “adopted” by an administrator. If it was, the “wages or salary” (which are defined by paragraph 99(6) of schedule B1 of the Insolvency Act 1986 (the Act) to include holiday pay and sick pay) would have super-priority over (a) the administrators’ remuneration and (b) a floating charge, under paragraph 99(3) and (4) of schedule B1 of the Act.’

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Exchange Chambers, 13th October 2020


Recent Statutory Instruments –

Posted October 21st, 2020 in legislation by tracey

The Health Protection (Coronavirus, Local COVID-19 Alert Level) (Very High) (England) (Amendment) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 19) Regulations 2020

The Human Medicines (Coronavirus and Influenza) (Amendment) Regulations 2020

The Square Kilometre Array Observatory (Immunities and Privileges) Order 2020

The National Health Service (Charges and Pharmaceutical and Local Pharmaceutical Services) (Amendment) Regulations 2020

The Universal Credit (Earned Income) Amendment Regulations 2020


BAILII: Recent Decisions

Posted October 21st, 2020 in law reports by tracey

Supreme Court

Highbury Poultry Farm Produce Ltd, R (on the application of) v Crown Prosecution Service [2020] UKSC 39 (16 October 2020)

Z & Anor, R (on the application of) v Hackney London Borough Council & Anor (Rev 1) [2020] UKSC 40 (16 October 2020)

Court of Appeal (Civil Division)

FB (Afghanistan) & Anor, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 1338 (21 October 2020)

JSC VTB Bank v Skurikhin & Ors [2020] EWCA Civ 1337 (21 October 2020)

RD, R (On the Application Of) v Secretary of State for Justice & Ors [2020] EWCA Civ 1346 (20 October 2020)

T and J (Children) [2020] EWCA Civ 1344 (20 October 2020)

DB Symmetry Ltd v Swindon Borough Council & Anor [2020] EWCA Civ 1331 (16 October 2020)

Court of Appeal (Criminal Division)

Townsend & Anor, R v [2020] EWCA Crim 1343 (19 October 2020)

High Court (Administrative Court)

Adamescu v Bucharest Appeal Court Criminal Division, Romania [2020] EWHC 2709 (Admin) (20 October 2020)

Rahim & Anor v Assize Court of Bolzano (Italy) [2020] EWHC 2748 (Admin) (16 October 2020)

High Court (Chancery Division)

Ganoun v Joshi & Anor [2020] EWHC 2743 (Ch) (21 October 2020)

Edwards & Ors v Hammersley [2020] EWHC 2740 (Ch) (19 October 2020)

Haque v Hussain & Ors [2020] EWHC 2739 (Ch) (16 October 2020)

Jackson & Anor v Alshammari & Ors [2020] EWHC 2685 (Ch) (16 October 2020)

BM Electrical Solutions Ltd & Anor v Belcher [2020] EWHC 2749 (Ch) (14 October 2020)

Robertson v Wojakovski [2020] EWHC 2737 (Ch) (14 October 2020)

High Court (Commercial Court)

A v B [2020] EWHC 2790 (Comm) (21 October 2020)

Clydesdale Financial Services Ltd v Nesbit Law Group LLP [2020] EWHC 2697 (Comm) (20 October 2020)

Alta Trading UK Ltd & Ors v Bosworth & Ors [2020] EWHC 2757 (Comm) (19 October 2020)

High Court (Family Division)

H (Interim Care: Scottish Residential Placement) [2020] EWHC 2780 (Fam) (20 October 2020)

Re X (Care Proceedings: Jurisdiction and Fact Finding) (Rev 1) [2020] EWHC 2742 (Fam) (19 October 2020)

A Local Authority v B (Dispensing with Service) [2020] EWHC 2741 (Fam) (19 October 2020)

A (A Child), Re [2020] EWHC 2784 (Fam) (16 October 2020)

High Court (Queen’s Bench Division)

Comberg v VivoPower International Services Ltd & Anor [2020] EWHC 2787 (QB) (20 October 2020)

Smith v Baker (Rev 1) [2020] EWHC 2776 (QB) (20 October 2020)

Smithson v Lynn & Anor [2020] EWHC 2517 (QB) (16 October 2020)

Needle v Swallowfield Plc [2020] EWHC 2759 (QB) (16 October 2020)

Belsner v Cam Legal Services Ltd [2020] EWHC 2755 (QB) (16 October 2020)

Howell v Evans & Anor [2020] EWHC 2729 (QB) (16 October 2020)

High Court (Technology and Construction Court)

Blue Manchester Ltd v North West Ground Rents Ltd [2020] EWHC 2777 (TCC) (20 October 2020)

BDW Trading Ltd v Lantoom Ltd [2020] EWHC 2744 (TCC) (16 October 2020)


Grenfell personal injury claims – factual horror, legal interest and less obvious wellbeing implications – Doughty Street Chambers

‘The actions brought by survivors of the Grenfell disaster came to the High Court for the first time on Friday 2 October with judgment handed down on 14 October: De Costa & Ors v London Fire Commissioner & Ors [2020] EWHC 2718 (QB).’

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Doughty Street Chambers, 15th October 2020


Financial Remedy: OG v AG [2020] EWFC 52: Value of a business, Covid, Brexit and Beyond – Becket Chambers

‘During these troubled times, when a reliable crystal ball would be helpful, the case of OC v AG [2020] EWFC 52 in which judgement was handed down on the 29th of July 2020, is of interest.’

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Becket Chambers, 2nd October 2020


Immigration Health Surcharge To Increase on 27 October 2020 – Richmond Chambers

Posted October 21st, 2020 in chambers articles, fees, health, immigration, medical treatment, news by sally

‘The Immigration (Health Charge) (Amendment) Order 2020 (SI 2020 No. 1086) will come into force as law on 27 October 2020 after being signed by Kevin Foster, Parliamentary Under Secretary of State (Minister for Future Borders and Immigration) on 01 October 2020.’

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Richmond Chambers, 16th October 2020


Post-furlough redundancies: ‘It is important that workers know their rights’ – St Philips Barristers

Posted October 21st, 2020 in chambers articles, coronavirus, employment, news, redundancy by sally

‘The coronavirus pandemic has caused a wealth of uncertainty for both employers and employees.’

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St Philips Barristers, 15th October 2020


Green light for Mortgage Repossessions? – No. 5 Chambers

‘On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate.’

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No. 5 Chambers, 13th October 2020


Brian Napier QC on Remote Working and Employment Rights – Cloisters

Posted October 21st, 2020 in chambers articles, coronavirus, employment, flexible working, news by sally

‘Recent events have shown both the scope the internet offers for working away from the office, and the readiness of many employers to contemplate such a change in the working patterns of their white-collar staff. While there are many reservations about the net benefits of remote working (not least because of the impact it has on inner-city businesses struggling to survive with a reduced customer base), there are indications that a fairly major shift in practice is taking place.’

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Cloisters, 9th October 2020


Interim declarations in the Court of Protection: a new approach? – Doughty Street Chambers

Posted October 21st, 2020 in care homes, chambers articles, Court of Protection, human rights, news by sally

‘The recent judgment in DP v London Borough of Hillingdon [2020] EWCOP 45 has important implications for interim declarations of capacity in s21A proceedings in the Court of Protection.’

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Doughty Street Chambers, 1st October 2020


Civil Justice Council report identifies significant problems around anti-social behaviour injunctions – Local Government Lawyer

Posted October 21st, 2020 in anti-social behaviour, civil justice, injunctions, local government, news by sally

‘Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.’

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Local Government Lawyer, 20th October 2020


Sex offence case ‘failings’ by military prosecutor – BBC News

‘A military prosecutor has been accused of serious failings in his handling of sexual assault and rape cases.’

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BBC News, 21st October 2020


Covid: prisoner mental health at risk of ‘irreparable damage’ – The Guardian

Posted October 21st, 2020 in coronavirus, health, mental health, news, prisons, recidivists, rehabilitation by sally

‘Locking up prisoners in what amounts to solitary confinement under Covid restrictions risks causing “irreparable damage” to their mental health and does nothing to reduce reoffending, the chief inspector of prisons in England and Wales has said.’

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The Guardian, 20th October 2020


Jan van Zyl Smit and Aradhya Sethia: Partial Codification of Administrative Law: What are the Rule of Law Opportunities and Risks of the IRAL’s Remit? Part One – UK Constitutional Law Association

Posted October 21st, 2020 in constitutional law, consultations, news, rule of law by sally

‘The Independent Review of Administrative Law (IRAL), which is holding a short, seven-week consultation that will close on 26 October 2020, has a remit to consider whether parts of UK administrative law should be codified.’

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UK Constitutional Law Association, 20th October 2020


Re B: Judgment or Press Release? – Transparency Project

Posted October 21st, 2020 in appeals, children, disclosure, families, judgments, medical records, news by sally

‘The judgment has generated some coverage in the legal and mainstream press, and some of the below the line comments suggest that at least within the legal community it has had a mixed reception. In this blog post I look at why that might be.’

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Transparency Project, 19th October 2020