A note of caution for sports agents, introducers and intermediaries: beware the implied “effective cause” term – 2 Hare Court

Posted November 17th, 2020 in agency, contracts, interpretation, news, sport by sally

‘The recent decision of the High Court in Winlink Marketing Limited v Liverpool Football Club [2020] EWHC 2271 may have long lasting consequences for agents and intermediaries in facilitating and introducing parties to high-value sponsorship deals.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

FCA v Arch and Others [2020] EWHC 2448 (Comm): COVID-19 business interruption insurance – 12 King’s Bench Walk

Posted November 17th, 2020 in causation, contracts, coronavirus, financial regulation, indemnities, insurance, news by sally

‘The coronavirus pandemic has led to ongoing widespread business disruption and closures with a second national lockdown commencing this week. As such, certainty over whether business can bring claims under their business interruption (“BI”) insurance policies could not be more important.’

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12 King's Bench Walk, 2nd November 2020

Source: www.12kbw.co.uk

R v Broughton Clarifying Causation in Gross Negligence Manslaughter – 2 Hare Court

Posted November 17th, 2020 in causation, drug abuse, evidence, expert witnesses, homicide, negligence, news by sally

‘In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant.’

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2 Hare Court, November 2020

Source: www.2harecourt.com

Lessons for property lawyers from ‘holiday illness’ claim : Is the Court obliged to accept ‘unopposed’ expert evidence? – Hardwicke Chambers

Posted November 17th, 2020 in evidence, expert witnesses, news, personal injuries by sally

‘The High Court appeal in Griffiths v TUI [2020] EWHC 2268 handed down in August 2020 has been much remarked on by personal injury lawyers, but the decision is also of interest for cases in the business and property courts, as it places a significant restriction on the role of the Court in cases of “unopposed” expert evidence.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Protection of shapes in 2020: Trade Marks, Copyright & IPR Cumulation – 3PB

Posted November 17th, 2020 in copyright, EC law, interpretation, news, trade marks by sally

‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’

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3PB, 3rd November 2020

Source: www.3pb.co.uk

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

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Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

The Skilled Worker Route – What’s Changing? – Richmond Chambers

Posted November 17th, 2020 in employment, immigration, news, remuneration, visas by sally

‘The Skilled Worker Route will open to new applications on 1 December 2020, replacing the Tier 2 (General) route which will close on the same day.’

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Richmond Chambers, 9th November 2020

Source: immigrationbarrister.co.uk

Consent and fertility – 2 Hare Court

Posted November 17th, 2020 in consent, deceit, news, pregnancy, rape by sally

‘This judgment, handed down in July 2020, examines the limitations of the meaning of consent within s.74 Sexual Offences Act 2003. It held that a man’s lie about his fertility should not be deemed to be so closely connected to the nature or purpose of sexual intercourse that it is capable of negating consent.’

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2 Hare Court, 2nd November 2020

Source: www.2harecourt.com

Construction companies lose Court of Appeal challenge over expert determination – Local Government Lawyer

Posted November 17th, 2020 in construction industry, contracts, estoppel, housing, news, planning by sally

‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

High Court overturns “flawed” SDT decision to clear solicitor – Legal Futures

Posted November 17th, 2020 in costs, fraud, news, solicitors, Solicitors Regulation Authority, tribunals by sally

‘The Solicitors Disciplinary Tribunal (SDT) “fell into serious error” in finding no case to answer against a solicitor accused of making a fraudulent costs claim, the High Court has ruled.’

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Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Depp’s Defeat: A Human Rights Victory – Each Other

Posted November 17th, 2020 in defamation, domestic violence, freedom of expression, human rights, news, victims by sally

‘‘Trial by media’ is often touted as a crude alternative to our legal system. But in losing his libel action against The Sun, Johnny Depp’s court battle backfired. It’s a resounding win for press freedom – and for domestic abuse survivors.’

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Each Other, 16th November 2020

Source: eachother.org.uk

Supreme Court lowers standard of proof for inquests – Law Society’s Gazette

Posted November 17th, 2020 in coroners, inquests, news, standard of proof, suicide, Supreme Court, verdicts by sally

‘The Supreme Court has today lowered the standard of proof for all conclusions in inquest proceedings, including unlawful killing and suicide, in a decision that could have wide-reaching implications for the recording of deaths in England and Wales.’

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Law Society's Gazette, 13th November 2020

Source: www.lawgazette.co.uk

Case Comment: R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 – UKSC Blog

Posted November 17th, 2020 in coroners, inquests, news, suicide, Supreme Court, verdicts by sally

‘The Supreme Court has given judgment in R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46, a case dealing with the applicable standard of proof for reaching a narrative verdict of suicide or unlawful killing. A detailed case preview by my colleague Tim James-Matthews is available here, as a useful starting point for the issues arising in the appeal. By a 3-2 majority (with Lady Arden giving the leading judgment), the Supreme Court dismissed the appeal, holding that the applicable standard of proof is the civil standard (i.e. the balance of probabilities). Lord Kerr gave the dissenting judgment, with which Lord Reed agreed: they would both have allowed the appeal.’

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UKSC Blog, 16th November 2020

Source: ukscblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 17th, 2020 in legislation by tracey

The Income Tax (Exemption of Minor Benefits) (Coronavirus) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 24) Regulations 2020

The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020

The Road Vehicles (Display of Registration Marks) (Amendment) Regulations 2020

The Payment Services and Electronic Money (Amendment) Regulations 2020

The Income Tax (Exemption of Minor Benefits) (Coronavirus) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 24) Regulations 2020

The Public Health (Coronavirus) (Protection from Eviction and Taking Control of Goods) (England) Regulations 2020

The Payment Services and Electronic Money (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Ministry of Justice faces judicial review over requirement on bailiffs not to enforce evictions – Local Government Lawyer

‘The Ministry of Justice has been hit with a judicial review challenge over the ongoing refusal to enforce warrants and writs by bailiffs and High Court Enforcement Officers (HCEOs).’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted November 17th, 2020 in law reports by tracey

Supreme Court

Maughan, R (on the application of)v Her Majesty’s Senior Coroner for Oxfordshire [2020] UKSC 46 (13 November 2020)

Court of Appeal (Civil Division)

Alam, R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1527 (16 November 2020)

London Borough of Bromley v Broderick [2020] EWCA Civ 1522 (16 November 2020)

Morris Homes Ltd & Anor v Cheshire West And Chester Council [2020] EWCA Civ 1516 (13 November 2020)

Nwabueze v University of Law Ltd & Ors [2020] EWCA Civ 1526 (13 November 2020)

Topadar, R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1525 (13 November 2020)

Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWCA Civ 1521 (13 November 2020)

Brake & Ors v Lowes & Ors [2020] EWCA Civ 1491 (13 November 2020)

High Court (Administrative Court)

Solicitors Regulation Authority v Sheikh [2020] EWHC 3062 (Admin) (16 November 2020)

Sevenoaks District Court v Secretary of State for Housing Communities And Local Government [2020] EWHC 3054 (Admin) (13 November 2020)

Nixon & Anor v Secretary of State for Housing, Communities and Local Government & Anor [2020] EWHC 3036 (Admin) (13 November 2020)

High Court (Chancery Division)

Boston Trust Company Ltd & Anor (Trustees of Erutuf Trust) v Szerelmey Ltd & Ors [2020] EWHC 3042 (Ch) (13 November 2020)

NDH Properties Ltd v Lupton Fawcett LLP [2020] EWHC 3056 (Ch) (16 November 2020)

Ali v Dinc & Ors [2020] EWHC 3055 (Ch) (16 November 2020)

High Court (Family Division)

Moutreuil v Andreewitch (Contempt: Sentence) (Rev 1) [2020] EWHC 3085 (Fam) (16 November 2020)

High Court (Queen’s Bench Division)

Hijazi v Yaxley-Lennon [2020] EWHC 3058 (QB) (16 November 2020)

Manor Farm Barns (Essington) Ltd v Clair [2020] EWHC 3030 (QB) (13 November 2020)

Source: www.bailii.org

Family lawyers “must be forced to follow good practice” – Legal Futures

‘Family lawyers should be forced to follow good practice to protect children from “acrimonious legal representation” and report it to their regulator, a major report has concluded.’

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Legal Futures, 17th November 2020

Source: www.legalfutures.co.uk

Social housing landlords in England face checks on tenants’ satisfaction – The Guardian

Posted November 17th, 2020 in complaints, health & safety, landlord & tenant, local government, news, standards by sally

‘Social landlords in England will be required to report on residents’ satisfaction in an effort to rebalance power between owners and tenants in the wake of the Grenfell Tower disaster, the housing secretary has announced.’

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The Guardian, 17th November 2020

Source: www.theguardian.com

Remote Hearings in the Family of Courts of England and Wales: what the research shows – Transparency Project

‘Hearings in the family courts of England and Wales are almost unrecognisable today to the hearings that took place prior to the outbreak of Covid-19. On 23 March 2020, it was announced that a nationwide lockdown was to begin the following day and last indefinitely. Between 23 March and 6 April, video hearings increased by 340% across courts and tribunals in England and Wales. Audio hearings increased by over 500%. Today, remote and hybrid (where some people attend in person and some via a telephone or video link) hearings have become commonplace. Even final hearings are now being conducted remotely. The transition to remote and hybrid hearings has helped to mitigate the delay before cases are heard. It helping to minimise an increasing backlog of cases. Telephone and video hearings have their benefits for parents, children and professionals alike, which might even see remote hearings continue in use in some cases beyond the pandemic. However, remote hearings come at a cost, as two consultations by the Nuffield Family Justice Observatory (NFJO) demonstrate.’

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Transparency Project, 13th November 2020

Source: www.transparencyproject.org.uk