Ministry of Justice to consult on judicial review reforms including power to suspend quashing orders, removal of ‘Cart judgments’, and procedural changes – Local Government Lawyer

‘The Ministry of Justice has launched a consultation on giving the courts the power to suspend quashing orders, removing so-called “Cart judgments”, and introducing a series of changes to civil procedure rules, following recommendations by the Independent Review of Administrative Law (IRAL) led by Lord Faulks QC.’

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Local Government Lawyer, 19th March 2021


UK watchdog investigates Penguin owner’s Simon & Schuster takeover – The Guardian

Posted March 22nd, 2021 in artistic works, competition, news, ombudsmen by tracey

‘The UK competition watchdog has launched an investigation into Penguin Random House’s (PRH) $2bn (£1.45bn) takeover of rival book publisher Simon & Schuster. The Competition and Markets Authority said on Monday it was considering whether the deal, which cements PRH’s position as the world’s biggest book publisher, would result in a “substantial lessening of competition within any market or markets in the United Kingdom for goods or services”.’

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The Guardian, 22nd March 2021


Late s.202 reviews and what gets appealed – Nearly Legal

Posted March 22nd, 2021 in appeals, homelessness, housing, local government, news, time limits by tracey

‘Ngnoguem v Milton Keynes Council (2020] EWCA Civ 396, We’ve seen this prefigured in Stanley v Welwyn Hatfield Borough Council (2020) EWCA Civ 1458 (our note), but the relevant parts of that judgment on late reviews were strictly obiter, as the court had found that there was an agreement to extend time. Now the Court of Appeal has confirmed the position.’

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Nearly Legal, 21st March 2021


Arrears, conduct and Tribunal discretion on RRO awards – Nearly Legal

Posted March 22nd, 2021 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by tracey

‘Awad v Hooley (2021) UKUT 55 (LC). This was an appeal to the Upper Tribunal of the FTT decision on a rent repayment order application that we first saw here.’

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Nearly Legal, 21st March 2021


Man who repeatedly harassed and threatened woman on London street jailed for six weeks – The Independent

Posted March 22nd, 2021 in harassment, imprisonment, news, sentencing, threatening behaviour by tracey

‘A man who repeatedly harassed a woman in the street and threatened to rape her has been jailed for six weeks.’

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The Independent, 21st March 2021


New Statutory Instruments –

Posted March 22nd, 2021 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 10) Regulations 2021

The Civil Liability (Specification of Authorised Persons) Regulations 2021

The Patents (European Patent with Unitary Effect and Unified Patent Court) (Repeal and Revocation) Regulations 2021

The National Minimum Wage (Amendment) Regulations 2021

The Community Infrastructure Levy (Amendment) (England) Regulations 2021


Court allows defendants to use statements disclosed by mistake – Litigation Futures

Posted March 22nd, 2021 in disclosure, documents, evidence, news, privilege, solicitors, witnesses by tracey

‘The High Court has granted permission to defendants to use the contents of four otherwise privileged witness statements which were disclosed by the claimants’ solicitors by mistake.’

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Litigation Futures, 22nd March 2021


Unlimited fines for those who breach fire safety regulations – Home Office

‘Building owners could face unlimited fines following new measures being brought in to strengthen fire safety, the Home Office has announced today.’

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Home Office, 17th March 2021


Unequal chances? Ethnic disproportionality in child welfare and family justice – Family Law

‘Many have experienced their own Black Lives Matter moment in the last 12 months, a sharp realisation of entrenched prejudices and inequalities that still exist in our society. In the family justice system that moment came last October when a black barrister, Alexandra Wilson, was mistaken for a defendant three times in one day. And yet, more generally there has been surprising little debate about the disproportionate numbers of families from some ethnic minorities in the family justice system and what might lie behind this.’

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Family Law, 19th March 2021


BAILII: Recent Decisions

Posted March 22nd, 2021 in law reports by tracey

Supreme Court

G v G [2021] UKSC 9 (19 March 2021)

Royal Mencap Society v Tomlinson-Blake [2021] UKSC 8 (19 March 2021)

Court of Appeal (Civil Division)

Chuan-Hui & Ors v K Group Holdings Inc & Ors [2021] EWCA Civ 403 (19 March 2021)

Ngnoguem v Milton Keynes Council [2021] EWCA Civ 396 (19 March 2021)

Parfitt v Guy’s and St Thomas’ Children’s NHS Foundation Trust & Anor [2021] EWCA Civ 362 (19 March 2021)

Seabrook v Adam [2021] EWCA Civ 382 (18 March 2021)

Blackbushe Airport Ltd v Hampshire County Council, R (On the Application of) & Ors [2021] EWCA Civ 398 (18 March 2021)

Court of Appeal (Criminal Division)

Lall, R. v [2021] EWCA Crim 404 (19 March 2021)

Zuman & Anor v R [2021] EWCA Crim 399 (19 March 2021)

Brehmer v R [2021] EWCA Crim 390 (19 March 2021)

Muldoon, R. v [2021] EWCA Crim 381 (18 March 2021)

Field, R. v [2021] EWCA Crim 380 (18 March 2021)

Finch, R. v (Solicitor General’s Reference) [2021] EWCA Crim 377 (18 March 2021)

High Court (Administrative Court)

Croyde Area Residents Association, R (On the Application Of) v North Devon District Council [2021] EWHC 646 (Admin) (19 March 2021)

Collins v The Director of Public Prosecutions [2021] EWHC 634 (Admin) (19 March 2021)

Fernando v Sathananthan [2021] EWHC 652 (Admin) (19 March 2021)

AA, R (On the Application Of) v Cardiff City Council [2021] EWHC 645 (Admin) (19 March 2021)

High Court (Chancery Division)

Illiquidx Ltd v Altana Wealth Ltd [2021] EWHC 647 (Ch) (19 March 2021)

Kings Security Systems Ltd v King & Anor [2021] EWHC 653 (Ch) (19 March 2021)

DRSP Holdings Ltd & Anor v O’Connor & Anor [2021] EWHC 626 (Ch) (19 March 2021)

Ndyabahika v Hitachi Capital UK Plc [2021] EWHC 633 (Ch) (19 March 2021)

Khan v Mahmood [2021] EWHC 597 (Ch) (19 March 2021)

Shehata v Mansfield Hotel Ltd & Ors [2021] EWHC 630 (Ch) (19 March 2021)

Howe & Anor v Gossop & Anor [2021] EWHC 637 (Ch) (19 March 2021)

High Court (Commercial Court)

Barclay-Watt & Ors v Alpha Panareti Public Ltd & Ors [2021] EWHC 642 (Comm) (18 March 2021)

High Court (Queen’s Bench Division)

Negus & Anor v Guy’s and St Thomas’ NHS Foundation Trust [2021] EWHC 643 (QB) (19 March 2021)

Smith v London Borough of Haringey [2021] EWHC 615 (QB) (18 March 2021)

Ward v Associated Newspapers Ltd [2021] EWHC 641 (QB) (18 March 2021)

YYY & Anor v ZZZ [2021] EWHC 632 (QB) (17 March 2021)


Supreme Court: Carers not entitled to minimum wage when asleep – Law Society’s Gazette

‘Care workers who “sleep-in” are not entitled to the national minimum wage when they are in bed, the Supreme Court has ruled.’

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Law Society's Gazette, 19th March 2021


Capitalisation of Child Maintenance: a very rare bird – Family Law Week

‘Jo Carr-West, partner with Hunters, considers the implications of Mr Justice Mostyn’s recent judgment in AZ v FM.’

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Family Law Week, 16th March 2021


The Unequal Power to Grant and Remove PR from Biological Parents – Family Law Week

Posted March 22nd, 2021 in children, equality, families, family courts, gender, news, parental responsibility by tracey

‘Stephen Williams, Barrister, St Mary’s Chambers, calls for reconsideration of the restrictions on the acquisition of parental responsibility by fathers.’

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Family Law Week, 17th March 2021


Half of women have little or no faith in CPS to prosecute crimes against them, poll finds – The Independent

‘Half of women have little or no faith in the authorities to prosecute crimes against them, according to a new poll. Almost a quarter have “no trust at all” in the Crown Prosecution Service, the research by Savanta ComRes found.’

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The Independent, 21st March 2021


Clapham vigil policing investigator is suing Home Office for sex and race bias – The Guardian

‘The investigator helping coordinate the official inquiry into the Metropolitan police’s handling of the Sarah Everard vigil and concerns over women’s safety is suing the Home Office for sex discrimination over claims that he has been penalised for being a “white man”, the Observer can reveal.’

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The Guardian, 21st March 2021


Government’s decision to cut international aid budget ‘was unlawful’ – The Independent

Posted March 22nd, 2021 in budgets, government departments, international law, news by tracey

‘The government’s decision to cut the international aid budget below its legal target was unlawful, a former director of public prosecutions has said. Lord Macdonald of River Glaven said new legislation would have been required to ditch the target of spending 0.7 per cent of international income on aid.”

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The Independent, 21st March 2021