New survey from Bar Council finds barristers at “breaking point” – The Bar Council

Posted January 25th, 2021 in barristers, coronavirus, debts, diversity, employment, fees, mental health, news, statistics by tracey

‘The Bar Council, which represents all barristers in England and Wales, has today published findings from its most recent survey of the Bar. The findings show some signs of recovery in workload, but highlight the extreme financial and psychological hardship still facing many barristers.’

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The Bar Council, 22nd January 2021


Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette

‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’

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Law Society's Gazette, 21st January 2021


Financial Remedy Update, January 2021 – Family Law Week

‘Naomi Shelton, Associate, Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during December 2020.’

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Family Law Week, 21st January 2021


Recent Statutory Instruments –

Posted January 25th, 2021 in legislation by tracey

The Social Fund Funeral Expenses Payment (Amendment) Regulations 2021

The School and Early Years Finance (England) Regulations 2021

The Drivers’ Hours and Tachographs (Temporary Exceptions) Regulations 2021

The Health Protection (Coronavirus, International Travel, Operator Liability and Public Health Information) (England) (Amendment) Regulations 2021

The Limited Liability Partnerships (Amendment etc.) Regulations 2021


BAILII: Recent Decisions

Posted January 25th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Irwell Insurance Company Ltd v Watson & Ors [2021] EWCA Civ 67 (22 January 2021)

JB (A Child), Re (Sexual Abuse Allegations) [2021] EWCA Civ 46 (22 January 2021)

Faiz & Ors v Burnley Borough Council [2021] EWCA Civ 55 (22 January 2021)

FA (Sudan), R (On the Application Of) v Secretary of State for the Home Department [2021] EWCA Civ 59 (22 January 2021)

ClientEarth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor [2021] EWCA Civ 43 (21 January 2021)

Nectrus Ltd v UCP PLC [2021] EWCA Civ 57 (21 January 2021)

Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49 (20 January 2021)

Asda Stores Ltd, R (On the Application Of) v Leeds City Council & Anor [2021] EWCA Civ 32 (20 January 2021)

Court of Appeal (Criminal Division)

R v R [2021] EWCA Crim 35 (22 January 2021)

Binoku & Anor, R. v [2021] EWCA Crim 48 (21 January 2021)

Dawson & Anor, R. v (Rev 2) [2021] EWCA Crim 40 (21 January 2021)

Dunleavy, R. v (Rev 2) [2021] EWCA Crim 39 (21 January 2021)

Shaikh & Anor, R. (Rev 2) [2021] EWCA Crim 45 (21 January 2021)

Daniels, R. v [2021] EWCA Crim 44 (21 January 2021)

High Court (Administrative Court)

Salvato, R (On the Application Of) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin) (22 January 2021)

Devon Partnership NHS Trust v Secretary of State for Health and Social Care [2021] EWHC 101 (Admin) (22 January 2021)

Havant Biogas Ltd & Ors v The Gas And Electricity Markets Authority [2021] EWHC 84 (Admin) (22 January 2021)

Wawrzyczek v District Court In Bielsko-Biala, Poland [2021] EWHC 64 (Admin) (21 January 2021)

MRT v Government of the Republic of North Macedonia [2021] EWHC 87 (Admin) (20 January 2021)

Enasoaie v Court of Bacau, Romania [2021] EWHC 69 (Admin) (20 January 2021)

Polakowskt & Ors v Westminster Magistrates Court & Ors [2021] EWHC 53 (Admin) (20 January 2021)

United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor [2021] EWHC 73 (Admin) (20 January 2021)

United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor [2021] EWHC 72 (Admin) (20 January 2021)

High Court (Chancery Division)

Hughes v Burley & Ors [2021] EWHC 104 (Ch) (22 January 2021)

Lyle & Scott Ltd v American Eagle Outfitters, Inc [2021] EWHC 90 (Ch) (20 January 2021)

NMUL Realisations Ltd, Re [2021] EWHC 94 (Ch) (20 January 2021)

Edwards v Aurora Leasing Ltd & Anor [2021] EWHC 96 (Ch) (20 January 2021)

High Court (Commercial Court)

Walton Family Ltd & Ors v Estates GJD Services Ltd & Ors [2021] EWHC 88 (Comm) (21 January 2021)

Biosol Renewables UK Ltd v Lovering & Anor (t/a R & A Properties (A Partnership)) [2021] EWHC 71 (Comm) (21 January 2021)

Helice Leasing S.A.S v PT Garuda Indonesia (Persero) TbK (Rev 1) [2021] EWHC 99 (Comm) (20 January 2021)

Pipia v BGEO Group Ltd [2021] EWHC 86 (Comm) (20 January 2021)

High Court (Family Division)

The Prospective Adopters v The Mother & Anor (Rev 1) [2021] EWHC 91 (Fam) (20 January 2021)

Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) (19 January 2021)

High Court (Patents Court)

Illumina Cambridge Ltd v Latvia MGI Tech SIA & Ors [2021] EWHC 57 (Pat) (20 January 2021)

High Court (Queen’s Bench Division)

Riley v Sivier [2021] EWHC 79 (QB) (20 January 2021)

Alli-Balogun & On The Beach Ltd & Ors [2021] EWHC 83 (QB) (20 January 2021)

High Court (Technology and Construction Court)

Westminster City Council v Sports And Leisure Management Ltd [2021] EWHC 98 (TCC) (22 January 2021)


People smugglers jailed for total of 78 years over deaths of 39 Vietnamese migrants – The Independent

‘Four people-smugglers have been jailed for a total of 78 years over the deaths of 39 Vietnamese migrants, whose bodies were found in a lorry container in Essex in October 2019.’

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The Independent, 23rd January 2021


‘They decided the jury wouldn’t believe me’: CPS accused of secret change to rape policy – The Guardian

Posted January 25th, 2021 in Crown Prosecution Service, juries, news, prosecutions, rape, sexual offences, victims by tracey

‘In a landmark hearing this week, rape victims aim to discover if their complaints failed due to a covert move to drop “weak cases.” ‘

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The Guardian, 24th January 2021


Widow leads fight over smart motorways after landmark crash inquest – The Independent

‘The widow of a motorist who died on a smart motorway is leading the fight to have them banned after a coroner concluded they pose “an ongoing risk of future deaths”.’

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The Independent, 23rd January 2021


Thousands of EU care workers in UK face losing immigration status – The Independent

Posted January 25th, 2021 in brexit, care workers, EC law, government departments, immigration, news by tracey

‘Care sector faces “devastation” as research shows one in seven EU employees unaware that they must apply to regularise status before June 2021 or be stripped of right to work and live in UK.’

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The Independent, 25th January 2021


Met police officer faces new hearing over death of mentally ill black man – The Guardian

‘A senior police officer cleared of misconduct over the high-profile death of a mentally ill black man is to face fresh disciplinary proceedings because of failings in the original case, the Observer can reveal.’

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The Guardian, 24th January 2021


Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent

‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 24th January 2021


Terrorism watchdog to open inquiry into radicalisation in prison – The Guardian

Posted January 25th, 2021 in inquiries, Islam, Ministry of Justice, news, ombudsmen, prison officers, prisons, terrorism by tracey

‘An inquiry into the way prisons deal with convicted terrorists is being launched by the independent terror watchdog amid concerns of growing radicalisation behind bars.’

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The Guardian, 24th January 2021


School Uniform Policies and Indirect Discrimination under the Equality Act 2010 – Monckton Chambers

‘Khatija Hafesji looks at the legal action threatened against Muslim parents in relation to their daughter’s breach of school uniform policy.’

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Monckton Chambers, 13th January 2021


Not all breaches lead to loss – a cautionary tale – Littleton Chambers

Posted January 22nd, 2021 in causation, chambers articles, compensation, damages, news by sally

‘“The bitter truth for an innocent party is that some breaches by its counterparty, however unscrupulous or unethical, result in no loss that can be recovered by an award of compensatory damages; cf. injunctive relief or gain-based damages. Damages are awarded for the breach itself not the manner of the breach”.’

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Littleton Chambers, 18th January 2021


EU Commission issues “Notice to Stakeholders” on Brexit and State aid – EU Relations Law

Posted January 22nd, 2021 in brexit, EC law, Ireland, news, Northern Ireland, state aids by sally

‘In this post, George Peretz Q.C. of Monckton Chambers examines the EU Commission’s “Notice to Stakeholders” dated 18 January 2021 regarding State aid.’

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EU Relations Law, 21st January 2021


Religion, looked-after children and “best interests”: Salford CC – Law & Religion UK

‘Salford CC v W & Ors (Religion and Declaration of Looked After Status) [2021] EWHC 61 (Fam) was about the welfare of five children between the ages of eleven and four: B, C, D, E and F. There were three applications before the court: the first for care orders under s.31 of the Children Act 1989, first issued in December 2018 by Norfolk County Council, the second by their mother, Ms W, for a prohibited steps order pursuant to s. 8 of the Children Act 1989, and the third by the maternal aunt and putative special guardian of the children, Mrs Z, for a declaration under the inherent jurisdiction of the High Court regarding the children’s legal status for the purposes of Part III of the Children Act 1989 [1 & 2]. It is the second application that is the subject of this note.’

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Law & Religion UK, 22nd January 2021


Employment Tribunals: Interim Relief and the Equality Act 2010 – Littleton Chambers

‘Joseph Bryan discusses Steer v Stormsure Ltd, in which the Employment Appeal Tribunal has raised the prospect of an amendment to the law to permit claimants in proceedings under the Equality Act 2010 to seek interim relief.’

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Littleton Chambers, 14th January 2021


Very Late Applications for Expert Reports: The Key is ‘Significance’ – Ropewalk Chambers

‘In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report.’

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Ropewalk Chambers, 14th January 2021


Male barrister fined for smacking female colleague on backside – Legal Futures

‘A male barrister who told a junior female colleague that “I really wanted to smack your arse” – and then did so – has been reprimanded and fined £6,000 by a Bar disciplinary tribunal.’

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Legal Futures, 21st January 2021


Supplying the answer: when are statefunded services “supply of services for consideration” for VAT purposes? – Monckton Chambers

Posted January 22nd, 2021 in chambers articles, education, HM Revenue & Customs, news, VAT by sally

‘In this case note, Jack Williams of Monckton Chambers analyses the recent decision of the Upper Tribunal in Colchester Institute Corporation v HMRC [2020] UKUT 0368 (“Colchester”). In summary, in overturning the First Tier Tribunal’s decision, the Upper Tribunal held that state-funding did have a sufficient link to the provision of education and vocational training provided by a college to constitute supply of services for consideration and economic activity. Nevertheless, HMRC was entitled to set-off input tax to reduce the taxpayer’s repayment claim. The implications of the case are likely to be profound: many businesses – educational and otherwise – supplying services that are funded by state agencies are now likely to argue that their provision of services does, in fact, constitute the supply of services for consideration and economic activity. That being so, there would be no need to account for output tax on those services and any accounted for with HMRC may be recoverable.’

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Monckton Chambers, January 2021