‘The Financial Conduct Authority has again extended its Guidance on consumer debt and there are two largely unpublicised technical changes in the pipeline to beware of.’
Henderson Chambers, 15th October 2020
Source: www.hendersonchambers.co.uk
‘The President of the Family Division, Sir Andrew McFarlane, has published guidance on the need to protect victims of domestic abuse in remote and hybrid hearings.’
Local Government Lawyer, 11th November 2020
Source: www.localgovernmentlawyer.co.uk
‘In this case, Mr Justice Hayden provides helpful practical guidance on the operation of section 48 of the Mental Capacity Act 2005 (MCA 2005), as well as confirming the scope of, and the court’s role in, proceedings brought pursuant to MCA 2005, s 21A. He further emphasises the importance of section 21A application being determined speedily, in accordance with Article 5(4) of the European Convention on Human Rights (ECHR) (and accordingly suggests how practically weaknesses in capacity evidence could be addressed).’
39 Essex Chambers, 15th October 2020
Source: www.39essex.com
‘Last month, Sir Ross Cranston handed down judgment in The Federal Republic of Nigeria v Process & Industrial Developments [2020] EWHC 2379 (Comm), marking the latest stage in what has proved a notoriously long-running dispute since arbitration between the parties was first commenced in 2012.’
Hardwicke Chambers, 14th October 2020
Source: hardwicke.co.uk
‘Downing Street has unveiled plans to implement a total ban on online junk food advertising – the toughest digital marketing restrictions in the world – in an attempt to tackle the growing obesity crisis.’
The Guardian, 10th November 2020
Source: www.theguardian.com
‘The Lord Chief Justice told MPs yesterday that he is “extremely concerned” that the backlogs that have grown across the justice system since March should not be “viewed by anybody as the new normal”.’
Legal Futures, 11th November 2020
Source: www.legalfutures.co.uk
‘The common law defence of illegality was considered by the Supreme Court in Patel v Mirza [2016] UKSC 42. The Court rejected the reliance principle as applied in Tinsley v Milligan [1994] 1 AC 340, according to which relief was refused to parties who had to rely on their own illegality to establish their case. In its place, the majority adopted a more flexible approach which openly addressed the underlying policy considerations involved and invited Courts to reach a balanced judgment in each case, permitting account to be taken of the proportionality of the outcome.’
Littleton Chambers, 4th November 2020
Source: littletonchambers.com
‘The grandmother of a baby who drowned in a bath while she was out of the room has admitted child cruelty.’
BBC News, 10th November 2020
Source: www.bbc.co.uk
‘Employees that suffer from a disability so defined are protected against various forms of discrimination because of that status. Employers facing claims of such discrimination must assess whether a Tribunal will find that the employee was in fact, during the relevant period, disabled and, if so, whether it knew or reasonably ought to have known of that fact. It is common for employers to concede the fact of disability.’
Parklane Plowden Chambers, 4th November 2020
Source: www.parklaneplowden.co.uk
‘The Court of Appeal has dismissed an appeal over whether a car-cruising injunction was properly granted, given what was said to be the alternative remedy available to Birmingham City Council of itself making a public spaces protection order (PSPO).’
Local Government Lawyer, 11th November 2020
Source: www.localgovernmentlawyer.co.uk
Court of Appeal (Civil Division)
Sharif v Birmingham City Council [2020] EWCA Civ 1488 (10 November 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Moulds Fencing (Torksey) Ltd & Ors v Butler & Ors [2020] EWHC 2933 (Ch) (11 November 2020)
High Court (Family Division)
P (Discharge of Passport Order), Re [2020] EWHC 3009 (Fam) (06 November 2020)
High Court (Queen’s Bench Division)
Boddy v Sinton & Anor [2020] EWHC 3015 (QB) (10 November 2020)
Source: www.bailii.org
‘The Court of Appeal has recently delivered an interesting and potentially very significant judgment in the case of Officer W80. The case concerned the use of force by a police officer and whether misconduct proceedings could subsequently be instituted against him on the basis of his honestly held but mistaken belief.’
2 Hare Court, 5th November 2020
Source: www.2harecourt.com
‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’
Ropewalk Chambers, 5th November 2020
Source: www.ropewalk.co.uk
‘In the first appeal in which the Supreme Court has been required to deal with s. 84 of the Law of Property Act 1925, it has delivered a strong warning to developers who may contemplate building on land in breach of a restrictive covenant: Ignore at your Peril.’
St Ives Chambers, 8th November 2020
Source: www.stiveschambers.co.uk
‘In R v Andrew Turner [2020] EWCA Crim 1241 the Court of Appeal considered the issue of when a professional witness crosses the line and gives expert evidence, in the context of mobile telephone analysis. The appeal concerned a conspiracy to supply class A drugs, the prosecution relied on mobile telephone and surveillance evidence. The appellant was said to be a driving force behind the conspiracy and that various incriminating mobile telephone numbers could be attributed to him.’
St Philips Barristers, 5th November 2020
Source: st-philips.com
‘On 2nd November 2020, Nicol J handed down his eagerly awaited judgment in Depp v News Group Newspapers and anor [2020] EWHC 2911 (QB). This high-profile case has been widely reported and needs little introduction. In short, Mr Depp failed in his defamation claim concerning an article published by The Sun that alleged that he had committed acts of violence against his then-wife Amber Heard. Nicol J held that the defendants had proved it was “substantially true” that Mr Depp had committed acts of violence against Ms Heard on twelve pleaded occasions.’
Doughty Street Chambers, 6th November 2020
Source: insights.doughtystreet.co.uk
‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’
Hailsham Chambers, 3rd November 2020
Source: www.hailshamchambers.com
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