Recent Statutory Instruments –

Posted December 8th, 2020 in legislation by tracey

The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) (No. 3) Regulations 2020

The Value Added Tax (Reduced Rate) (Hospitality and Tourism) (Extension of Time Period) (Coronavirus) Order 2020

The Vaccine Damage Payments (Specified Disease) Order 2020

The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020

The Non-Domestic Rating (Compilation and Alteration of Lists) (England) Regulations 2020

The Town and Country Planning (Local Planning, Development Management Procedure, Listed Buildings etc.) (England) (Coronavirus) (Amendment) Regulations 2020

The State Pension Revaluation for Transitional Pensions (No. 2) Order 2020

The State Pension Debits and Credits (Revaluation) (No. 2) Order 2020

The Clean Air Zones Central Services (Fees) (England) Regulations 2020

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020

The International Finance Corporation (General Capital Increase) Order 2020

The International Development Association (Multilateral Debt Relief Initiative) (Amendment) Order 2020

The International Development Association (Nineteenth Replenishment) Order 2020


BAILII: Recent Decisions

Posted December 8th, 2020 in law reports by tracey

Supreme Court

Gourlay, R (on the application of) v Parole Board [2020] UKSC 50 (04 December 2020)

Court of Appeal (Civil Division)

Abc Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645 (04 December 2020)

London Borough of Southwark v Ludgate House Ltd & Anor [2020] EWCA Civ 1637 (04 December 2020)

British Gas Trading Ltd v Shell UK Ltd & Anor [2020] EWCA Civ 2349 (04 December 2020)

Digby v Melford Capital Partners (Holdings) LLP & Ors [2020] EWCA Civ 1647 (04 December 2020)

Court of Appeal (Criminal Division)

Winzar, R v (Reference by the Criminal Cases Review Commission Under S.9 of the Criminal Appeal Act) [2020] EWCA Crim 1628 (04 December 2020)

High Court (Administrative Court)

Nassinde v Chester Magistrates Court [2020] EWHC 3329 (Admin) (07 December 2020)

Craggs v Secretary of State for the Environment [2020] EWHC 3346 (Admin) (07 December 2020)

Dhoorah v Nursing and Midwifery Council [2020] EWHC 3356 (Admin) (07 December 2020)

Diamond v Secretary of State for the Home Department [2020] EWHC 3313 (Admin) (04 December 2020)

Nika v Douai County Court, France [2020] EWHC 3335 (Admin) (04 December 2020)

Kumar v London Borough of Hillingdon (Rev 1) [2020] EWHC 3326 (Admin) (04 December 2020)

High Court (Chancery Division)

SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2020] EWHC 3268 (Ch) (07 December 2020)

Brett (Liquidator Of Care Community Ltd) v Adam & Anor [2020] EWHC 3360 (Ch) (04 December 2020)

Tolmie & Anor (Trustees of the Nicholas Savage Foundation) v Taylor & Anor [2020] EWHC 3271 (Ch) (04 December 2020)

Knipe v British Racing Drivers’ Motor Sport Charity & Ors [2020] EWHC 3295 (Ch) (03 December 2020)

High Court (Commercial Court)

Arcelormittal USA LLC v Ruia & Ors [2020] EWHC 3349 (Comm) (07 December 2020)

Doglemor Trade Ltd & Ors v Caledor Consulting Ltd & Anor [2020] EWHC 3342 (Comm) (04 December 2020)

Herculito Maritime Ltd & Ors v Gunvor International BV & Ors [2020] EWHC 3318 (Comm) (04 December 2020)

Pisante & Ors v Logothetis & Ors [2020] EWHC 3332 (Comm) (04 December 2020)

Global Technologies Racing Ltd v 5 West (t/a Alex Thomson Racing) [2020] EWHC 3334 (Comm) (04 December 2020)

Grace Ocean Private Ltd v MV “Bulk Poland” [2020] EWHC 3343 (Comm) (04 December 2020)

High Court (Family Division)

M (A Child: Hague Convention) [2020] EWHC 3340 (Fam) (07 December 2020)

High Court (Patents Court)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t\a MYLAN) [2020] EWHC 3270 (Pat) (04 December 2020)

High Court (Queen’s Bench Division)

Senna v Henderson & Ors [2020] EWHC 3345 (QB) (07 December 2020)

Henry v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3306 (QB) (07 December 2020)

Butler & Anor v Pike & Ors [2020] EWHC 3362 (QB) (07 December 2020)

Quilter Private Client Advisers Ltd v Falconer & Anor [2020] EWHC 3294 (QB) (04 December 2020)

Failes v Oxford University Hospitals NHS Trust [2020] EWHC 3333 (QB) (04 December 2020)

Stokoe Partnership Solicitors v Robinson & Ors [2020] EWHC 3312 (QB) (03 December 2020)

Duffy v Centraal Beheer Achmea [2020] EWHC 3341 (QB) (03 December 2020)

High Court (Technology and Construction Court)

Equipe Regeneration Ltd v Higgins Construction Ltd & Ors [2020] EWHC 3293 (TCC) (03 December 2020)

Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 (TCC) (03 December 2020)

Jalla & Ors v Shell International Trading and Shipping Company Ltd & Ors [2020] EWHC 3281 (TCC) (19 November 2020)


Challenge upheld to Covid-19 changes to care regime for children – UK Human Rights Blog

Posted December 8th, 2020 in adoption, care orders, children, coronavirus, ministers' powers and duties, news by sally

‘The issue before the Court of Appeal was whether the Secretary of State for Education had acted unlawfully in failing to consult certain bodies representing children in care, including the Children’s Commissioner for England, before introducing the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (“the Amendment Regulations”) following the outbreak of the Coronavirus pandemic.’

Full Story

UK Human Rights Blog, 7th December 2020


Information commissioner gets busy with fines – Law Society’s Gazette

Posted December 8th, 2020 in data protection, EC law, fines, news by sally

‘General Data Protection Regulation fines are like a number 65 bus: you wait for a long time and then three arrive at once. In the space of a month the Information Commissioner’s Office (ICO) has issued three monetary penalty notices. All relate to breaches of GDPR’s security requirements as set out in articles 5 and 32.’

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Law Society's Gazette, 7th December 2020


‘Kevin’s identity was stolen by police after he died’ – BBC News

‘David Crossland’s whole family died beside him on a holiday flight to Yugoslavia in September 1966. His wife Daphne, and their young children Kevin and Lynne were killed when their plane crashed in woods as it was approaching the airport in Ljubljana. David, who was sitting across the aisle from his wife and children, crawled to safety from the burning wreckage.’

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BBC News, 7th December 2020


Keira Bell lawyer warns on internet coverage of transgender issues – The Guardian

Posted December 8th, 2020 in health, internet, news, transgender persons by sally

‘The promotion of transgender issues on social media should be subject to safeguarding measures, according to the lawyer for a woman who brought last week’s landmark case against England’s only NHS gender identity development service (GIDS).’

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The Guardian, 6th December 2020


Law Commission issues proposals for reforming offence of misconduct in public office – Local Government Lawyer

‘The “outdated and unclear” common law offence of misconduct in public office should be replaced by two new statutory offences of corruption in public office and breach of duty in public office, the Law Commission has said.’

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Local Government Lawyer, 7th December 2020


Former appeal court judge to lead UK review of Human Rights Act – The Guardian

Posted December 8th, 2020 in human rights, judges, news, statutory interpretation, treaties by sally

‘A former court of appeal judge has been appointed to lead a review into how the Human Rights Act (HRA) is being interpreted in UK courts.’

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The Guardian, 7th December 2020


Small claims worst hit so far by Covid as trial delays lengthen – Litigation Futures

Posted December 8th, 2020 in coronavirus, criminal justice, delay, news, small claims by sally

‘Small claims have been disproportionally impacted by Covid-19 in terms of timeliness, official figures have shown.’

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Litigation Futures, 8th December 2020


UK should ban use of spit hoods and Tasers on children, says Unicef – The Guardian

Posted December 8th, 2020 in children, human rights, minorities, news, police, restraint, statistics, weapons by sally

‘The use of Tasers and spit hoods on children should be banned in the UK, the global humanitarian organisation for children Unicef has recommended.’

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The Guardian, 8th December 2020


3,000 law firms “could be forced to close or merge” – Legal Futures

Posted December 8th, 2020 in conveyancing, coronavirus, insurance, law firms, legal services, loans, mergers, news by sally

‘As many as 3,000 law firms could be forced to close or merge over the next few years after the conveyancing bubble bursts and the recession really kicks in, a leading law firm consultant has warned.’

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Legal Futures, 8th December 2020


Council defeats legal challenge over decision to rename square called after Elizabethan sailor with slave trade links – Local Government Lawyer

Posted December 8th, 2020 in change of name, consultations, local government, names, news, roads by sally

‘A district judge has rejected a legal challenge over a decision by Plymouth City Council to change the name of a square from an Elizabethan sailor associated with the slave trade, Sir John Hawkins, to a black footballer, Jack Leslie.’

Full Story

Local Government Lawyer, 8th December 2020


Police bail reforms left crime victims feeling unsafe, finds report – The Guardian

Posted December 8th, 2020 in bail, crime, criminal justice, news, police, reports, victims by sally

‘Victims have been left unprotected and a suspected paedophile left free to strike after government changes to bail plunged parts of the criminal justice system into chaos, an official report has found.’

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The Guardian, 8th December 2020