BAILII: Recent Decisions

Posted November 26th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Bullale v City of Westminster Council [2020] EWCA Civ 1587 (25 November 2020)

SSP Health Ltd v The National Health Service Litigation Authority (Primary Care Appeals Service) & Ors [2020] EWCA Civ 1574 (25 November 2020)

Article 39, R (On the Application Of) v Secretary of State for Education [2020] EWCA Civ 1577 (24 November 2020)

Court of Appeal (Criminal Division)

Luckhurst, R. v [2020] EWCA Crim 1579 (24 November 2020)

High Court (Administrative Court)

TF Global Markets (UK) Ltd (t/a Thinkmarkets), R (On the Application Of) v Tan & Ors [2020] EWHC 3178 (Admin) (25 November 2020)

Flaxby Park Ltd v Harrogate Borough Council [2020] EWHC 3204 (Admin) (25 November 2020)

Bankole-Jones v Watford Borough Council [2020] EWHC 3100 (Admin) (24 November 2020)

G.R., R (on the application of) v Director of Legal Aid Casework & Anor [2020] EWHC 3140 (Admin) (24 November 2020)

Done v Petrosani Court of Law Romania [2020] EWHC 3192 (Admin) (24 November 2020)

Danfelds v General Prosecutor’s Office, Latvia [2020] EWHC 3199 (Admin) (24 November 2020)

Charles & Anor, R (On the Application Of) v The Secretary of State for Foreign and Commonwealth Affairs [2020] EWHC 3185 (Admin) (24 November 2020)

High Court (Chancery Division)

Scott v Bridge & Ors [2020] EWHC 3116 (Ch) (25 November 2020)

The Durham Company Ltd (t/a Max Recycle) v Durham County Council [2020] EWHC 3200 (Ch) (25 November 2020)

Thomas v Smalling [2020] EWHC 3186 (Ch) (24 November 2020)

High Court (Commercial Court)

Fulham Football Club Ltd v Kline [2020] EWHC 3170 (Comm) (25 November 2020)

Suppipaj & Ors v Narongdej & Ors [2020] EWHC 3191 (Comm) (24 November 2020)

The Anderson Group Ltd v Bragg [2020] EWHC 3190 (Comm) (24 November 2020)

High Court (Family Division)

K v G [2020] EWHC 3209 (Fam) (25 November 2020)

High Court (Queen’s Bench Division)

Glenn v Kline [2020] EWHC 3182 (QB) (25 November 2020)

Benyatov v Credit Suisse Securities (Europe) Ltd [2020] EWHC 3213 (QB) (25 November 2020)

Arif, Re [2020] EWHC 3208 (QB) (25 November 2020)

Shearer v Neal [2020] EWHC 3148 (QB) (25 November 2020)

Source: www.bailii.org

Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar – Courts and Tribunals Judiciary

‘Speech by the Chancellor of the High Court to Harvard Law School: Online courts – Perspectives from the Bench and the Bar.’

Full speech

Courts and Tribunals Judiciary, 25th November 2020

Source: www.judiciary.uk

Firm fined £14,000 after missing ‘red flags’ on property work – Law Society’s Gazette

Posted November 26th, 2020 in conveyancing, fines, identification, land registration, law firms, news by tracey

‘A Midlands firm which wrongly rated three property transactions as low risk has been fined £14,000 for breaching anti-money laundering rules.’

Full Story

Law Society's Gazette, 24th November 2020

Source: www.lawgazette.co.uk

Mother refused legal aid over ‘trapped capital’ has case remitted – Law Society’s Gazette

Posted November 26th, 2020 in domestic violence, legal aid, legal representation, news by tracey

‘A mother who was denied legal aid on the grounds of a house she owns with her ex-partner has won her High Court challenge, in a ruling that provides “important clarification for victims of domestic abuse”.’

Full Story

Law Society's Gazette, 25th November 2020

Source: www.lawgazette.co.uk

Brexit and family law: do you need to act before 31 December? – Family Law Week

Posted November 26th, 2020 in brexit, divorce, EC law, enforcement, financial provision, news, time limits by tracey

‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.

Full Story

Family Law Week, 19th November 2020

Source: www.familylawweek.co.uk

Extensions to the Anti-Money Laundering Compliance Regime – Family Law Week

‘Matthew Moore, director of Infolegal, advises family lawyers of their obligations under anti-money laundering regulations following changes [to the] wording of what constitutes taxation advice.’

Full Story

Family Law Week, 24th November 2020

Source: www.familylawweek.co.uk

Army Cadet leader jailed for nine years for sex offences against boys – The Independent

Posted November 26th, 2020 in armed forces, child abuse, guilty pleas, news, sentencing, sexual offences by tracey

‘A former Army Cadet leader has been jailed for nine years after pleading guilty to child sex offences committed between 1981 and 1991.’

Full Story

The Independent, 25th November 2020

Source: www.independent.co.uk

Fifth of crimes involved domestic abuse in first England and Wales lockdown – The Guardian

Posted November 26th, 2020 in coronavirus, crime, domestic violence, news, statistics by tracey

‘One in five offences recorded by police during and immediately after the first national lockdown in England and Wales involved domestic abuse, figures have revealed.’

Full Story

The Guardian, 25th November 2020

Source: www.theguardian.com

Osime Brown: 55 MPs back calls to stop deportation of severely autistic man – The Independent

Posted November 26th, 2020 in autism, deportation, disabled persons, news, theft, young offenders by tracey

‘Dozens of MPs have backed calls to halt the deportation of a severely autistic man who was jailed as a teenager after being found guilty of stealing a mobile phone.’

Full Story

The Independent, 25th November 2020

Source: www.independent.co.uk

Corbyn supporter spared jail after telling Margaret Hodge to die in string of antisemitic abuse – The Independent

‘A supporter of Jeremy Corbyn who targeted Labour MPs with “vulgar, obscene and threatening” abuse has been spared jail.’

Full Story

The Independent, 25th November 2020

Source: www.independent.co.uk

Students may be compensated for lost teaching during UK lockdown – The Guardian

Posted November 26th, 2020 in compensation, coronavirus, education, news, regulations, universities by tracey

‘Students could be awarded financial compensation for lost teaching time during the Covid-19 lockdown after the higher education complaints watchdog told an institution to pay £1,000 to an international student.’

Full Story

The Guardian, 26th November 2020

Source: www.theguardian.com

Former Great Ormond Street hospital porter charged with child sex offences – The Guardian

Posted November 26th, 2020 in child abuse, hospitals, news, sexual offences by tracey

‘A former Great Ormond Street hospital porter has been charged with a series of sex offences against children.’

Full Story

The Guardian, 26th November 2020

Source: www.theguardian.com

Paul Lamb: Paralysed Leeds man urges government inquiry – BBC News

Posted November 26th, 2020 in assisted suicide, disability discrimination, disabled persons, inquiries, news by tracey

‘A paralysed former builder has called for an inquiry into assisted dying after losing the latest in a series of bids to challenge the law on the issue.’

Full Story

BBC News, 25th November 2020

Source: www.bbc.co.uk

Eton teacher found guilty of sexually touching students on night-time visits to bedrooms – The Independent

Posted November 26th, 2020 in child abuse, news, sexual offences, teachers by tracey

‘A former Eton College teacher has been found guilty of sexually touching students during night-time visits to their bedrooms.’

Full Story

The Independent, 25th November 2020

Source: www.independent.co.uk

The cart before the horse when requesting an adjudicator: Land End Developments Construction Limited v Kingstone Civil Engineering Limited [2020] EWHC 2338 – Hardwicke Chambers

‘These proceedings related to an adjudicator’s decision dated 27th April 2020 (“the 27th April Decision”) under the Scheme for Construction Contracts (England and Wales) Regulations 1998 as amended (“the Scheme”). Lane End Developments Construction Limited (“Lane End”) was the main contractor on a housing development (“the Development”) and Kingstone Civil Engineering Limited (“Kingstone”) was sub-contracted to carry out enabling works for the Development. On 2nd March 2020, Kingstone issued Interim Payment Application No. 17 in the sum of £356,439.19, but Lane End did not serve a Pay Less Notice nor, until 26th March, did it serve a Payment Notice.’

Full Story

Hardwicke Chambers, 13th November 2020

Source: hardwicke.co.uk

Mirchandani v Lord Chancellor [2020] EWCA Civ 1260 – CrimeCast.Law

‘The case was concerned with a private prosecution for fraud offences, which had ultimately resulted in a £20 million confiscation order and £17 million compensation orders. The private prosecutor’s unsuccessful submissions against a third party in proceedings to enforce the confiscation order had led to the unusual spectacle of the Lord Chancellor intervening and persuading a High Court judge to reverse her decision on a jurisdictional question and set aside the order she had previously made. It prompted the Court of Appeal (Civil Division) to conduct a comprehensive review of the primary and secondary legislation and the authorities on private prosecutions, confiscation, costs and the sometimes blurred lines between criminal and civil proceedings.’

Full Story

CrimeCast.Law, 24th November 2020

Source: crimecast.law

The Nature of Demurrage: K Line Pte Ltd v Priminds Shipping (Hk) Co. Ltd. m.v. “Eternal Bliss” [2020] EWHC 2373 (Comm) – 33 Bedford Row

Posted November 25th, 2020 in appeals, arbitration, chambers articles, charterparties, compensation, damages, news by sally

‘An important point regarding the nature of demurrage may, finally, have been conclusively determined by the High Court in this recent case, which came before Mr Justice Andrew Baker. It is however presently the subject of an appeal to the Court of Appeal (leave having been granted by the learned judge), so a definitive answer is awaited.’

Full Story

33 Bedford Row, 12th November 2020

Source: www.33bedfordrow.co.uk

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

Full Story

Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

Full Story

Littleton Chambers, 11th November 2020

Source: littletonchambers.com

Racism and Football – What are the possible solutions? – Church Court Chambers

Posted November 25th, 2020 in chambers articles, diversity, employment, equality, news, race discrimination, racism, sport by sally

‘This two-part series of articles written by Yasin Patel (barrister and director of SLAM) looks at the question of “racism in football”. The first article outlined the arguments as to why discrimination and racism is “alive and kicking” in the game and the many forms in which it is prevalent throughout the whole structure of the game.’

Full Story

Church Court Chambers, November 2020

Source: churchcourtchambers.co.uk