And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by tracey

‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’

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Nearly Legal, 13th December 2020

Source: nearlylegal.co.uk

Bar instructs lawyers to fight Covid-19 operating hours plan – Law Society’s Gazette

‘The criminal bar has instructed heavyweight law firm Mishcon de Reya to help it fight controversial proposals to extend Covid-19 operating hours to more courts. HM Courts & Tribunals Service is considering rolling out the model from January. A rapid consultation on the proposals closed yesterday.’

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Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

No business interruption decision from Supreme Court until next year – Law Society’s Gazette

‘Judgment in an urgent test case to determine whether businesses hit by Covid-19 will receive insurance pay-outs will not be handed down by the Supreme Court until January at the earliest. Five Supreme Court justices heard a case between the Financial Conduct Authority and six insurance companies in November. The dispute concerned business interruption insurance (BII) and the court was asked to rule on provisions in insurance policies relating to disease clauses, prevention of access clauses and hybrid clauses.’

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Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2020 in legislation by tracey

The Social Security Contributions (Disregarded Payments) (Coronavirus) (Scotland and Wales) Regulations 2020

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) (No. 2) Order 2020

The Legislative Reform (Renewal of Radio Licences) Order 2020

The European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 16th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Flores, R (on the application of) v London Borough of Southwark [2020] EWCA Civ 1697 (15 December 2020)

W (Children: Reopening/recusal) [2020] EWCA Civ 1685 (15 December 2020)

High Court (Administrative Court)

Linse, R (On the Application Of) v The Chief Constable of North Wales Police [2020] EWHC 3403 (Admin) (15 December 2020)

Director of Public Prosecutions v M [2020] EWHC 3422 (Admin) (15 December 2020)

High Court (Chancery Division)

Sunbird Business Services Ltd, Re [2020] EWHC 3459 (Ch) (16 December 2020)

PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3430 (Ch) (15 December 2020)

PJSC Uralkali v Rowley & Anor [2020] EWHC 3442 (Ch) (15 December 2020)

Kleinhentz v Harrison & Anor [2020] EWHC 3439 (Ch) (15 December 2020)

High Court (Family Division)

London Borough of Lambeth v L (Unlawful Placement) [2020] EWHC 3383 (Fam) (14 December 2020)

High Court (Queen’s Bench Division)

Hugh James Involegal LLP v Berrymans Lace Mawer LLP & Anor [2020] EWHC 3402 (QB) (15 December 2020)

Wray v General Osteopathic Council [2020] EWHC 3409 (QB) (15 December 2020)

Avsar v Wilson James Ltd [2020] EWHC 3412 (QB) (15 December 2020)

High Court (Technology and Construction Court)

Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors [2020] EWHC 3419 (TCC) (15 December 2020)

Source: www.bailii.org

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

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Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Role of grooming of women involved in violent crime examined as part of new gangs guidance – Crown Prosecution Service

‘Prosecutors working on gang-related cases which involve women and girls should consider if there is evidence they have been forced or groomed into committing crime, according to new legal guidance published today. The guidance, Decision-making in “gang” related offences, has been drawn up by the Crown Prosecution Service to give lawyers practical advice on building the strongest possible cases and gathering robust evidence to present to the court.’

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Crown Prosecution Service, 16th December 2020

Source: www.cps.gov.uk

Ofcom investigating row over Emily Maitlis’ Newsnight monologue about Dominic Cummings – The Independent

‘The UK’s broadcasting watchdog is investigating the row over BBC host Emily Maitlis’ monologue about Dominic Cummings’ infamous trip to Barnard Castle.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

Top UK court overturns block on Heathrow’s third runway – The Guardian

Posted December 16th, 2020 in airports, appeals, climate change, environmental protection, news, planning, Supreme Court by tracey

‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’

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The Guardian, 16th December 2020

Source: www.theguardian.com

Grooming gangs come from ‘diverse backgrounds’, says Home Office as review finally published – The Independent

‘Grooming gangs come from “diverse backgrounds”, a Home Office review has concluded. The research, originally promised by Sajid Javid in 2018, was published on Tuesday following a government U-turn. The Home Office previously said releasing the paper would not be in the “public interest”, in response to a Freedom of Information request by The Independent, but committed to making it public after a petition signed by more than 130,000 people.’
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The Independent, 15th December 2020

Source: www.independent.co.uk

MI6 kept quiet about ‘criminality’ of agent with ‘licence to kill’ – The Guardian

‘MI6 failed to make clear to the foreign secretary that a “high risk agent” operating overseas had probably engaged in “serious criminality” until it was pointed out by an independent regulator last year.’

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The Guardian, 15th December 2020

Source: www.theguardian.com

Virginity testing ban proposed by Richard Holden MP – BBC News

Posted December 16th, 2020 in bills, doctors, human rights, news, women by tracey

‘Proposals to outlaw virginity testing have passed their first parliamentary stage. North West Durham Conservative MP Richard Holden told parliament the practice was “medieval”. His Virginity Testing (Prohibition) Bill has been passed by MPs for further consideration by the Commons in January.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

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The Independent, 16th December 2020

Source: www.independent.co.uk