Case Preview: BF (Eritrea) v Secretary of State for the Home Department – EIN Blog

‘On 16 March 2021 the Supreme Court heard the Secretary of State’s appeal in BF (Eritrea) v Secretary of State for the Home Department.’

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EIN Blog, 29th March 2021

Source: www.ein.org.uk

Capacity to marry: NB v MI – Law & Religion UK

Posted March 29th, 2021 in families, family courts, Islam, islamic law, jurisdiction, marriage, news by tracey

‘In NB v MI [2021] EWHC 224 (Fam), Mostyn J set out a series of propositions on the legal nature of marriage in England & Wales.’

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Law & Religion UK, 26th March 2021

Source: lawandreligionuk.com

Mandatory relief when left in unsuitable temporary accommodation – Nearly Legal

‘Imam, R (On the Application Of) v The London Borough of Croydon (2021) EWHC 739 (Admin). This is the judgment in a judicial review claim seeking a declaration that Croydon was in breach of its statutory duty under section 193(2) of the Housing Act 1996 to provide suitable accommodation, and for mandatory relief, that Croydon provide suitable accommodation, and consider the claimant’s application for band 1 housing priority.’

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Nearly Legal, 28th March 2021

Source: nearlylegal.co.uk

Limitation periods for breach of contract claims: where to begin? – Practical Law: Construction Blog

Posted March 29th, 2021 in construction industry, contracts, limitations, news, time limits by tracey

‘On the face of it, the law of limitation seems fairly straightforward. The law in England and Wales specifies that anyone bringing a breach of contract claim has six years from the date of the breach in which to do so. This period is extended to 12 years from the breach of contract if the contract has been executed as a deed. But what happens when a provision such as the one below is added into the mix? Does this work to extend the limitation period? If not, what exactly does this provision, which I’ll refer to as the Proposed Clause, mean?’

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Practical Law: Construction Blog, 23rd March 2021

Source: constructionblog.practicallaw.com

Joe Tomlinson and Alison Pickup: Putting the Cart before the horse? The Confused Empirical Basis for Reform of Cart Judicial Reviews – UK Constitutional Law Association

‘The Independent Review of Administrative Law has now reported. For a review process that was unnecessarily quick, the Expert Panel, led by Lord Faulks QC, has produced a substantial and detailed analysis. The Report has rightly drawn broad support from across the political spectrum—even if the Government’s support for the report has been accompanied by a new consultation which departs from the Report’s findings on various important points. No doubt, the focus will now shift to the new consultation. However, in this post we want to respectfully take issue with one of the firm conclusions of the Panel: that Cart judicial reviews ought to be discontinued on the basis they are a disproportionate use of judicial resource.’

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UK Constitutional Law Association, 29th March 2021

Source: ukconstitutionallaw.org

MI5 undercover agent policy held lawful – UK Human Rights Blog

‘In Privacy International & Ors v Secretary of State for Foreign And Commonwealth Affairs & Ors [2021] EWCA Civ 330, the Court of Appeal held that the policy which authorises officers of the Security Service (MI5) to run undercover agents who participate in the commission of criminal offences is lawful.’

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UK Human Rights Blog, 26th March 2021

Source: ukhumanrightsblog.com

New Statutory Instruments – legislation.gov.uk

Posted March 29th, 2021 in legislation by tracey

The Automated and Electric Vehicles Act 2018 (Commencement No. 1) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 29th, 2021 in law reports by tracey

Supreme Court

Asda Stores Ltd v Brierley & Ors [2021] UKSC 10 (26 March 2021)

Court of Appeal (Civil Division)

Tunein Inc v Warner Music UK Ltd & Anor [2021] EWCA Civ 441 (26 March 2021)

M (Special Guardianship Order: Leave To Apply To Discharge) (Rev 1) [2021] EWCA Civ 442 (26 March 2021)

Vestel Elektronik Sanayi Ve Ticaret A.S. & Anor v Access Advance LLC & Anor [2021] EWCA Civ 440 (26 March 2021)

Court of Appeal (Criminal Division)

Dunn & Anor, R. v [2021] EWCA Crim 439 (26 March 2021)

High Court (Administrative Court)

Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 736 (Admin) (26 March 2021)

Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 739 (Admin) (26 March 2021)

Sekrieru v The Government of Azerbaijan [2021] EWHC 735 (Admin) (26 March 2021)

High Court (Chancery Division)

The British University in Dubai v Ebrahimi [2021] EWHC 757 (Ch) (26 March 2021)

Sir Henry Royce Memorial Foundation v Hardy [2021] EWHC 714 (Ch) (26 March 2021)

High Court (Family Division)

AB v CD & Ors [2021] EWHC 741 (Fam) (26 March 2021)

High Court (Queen’s Bench Division)

Mace Ltd & Ors v Persons Unknown (Rev 1) [2021] EWHC 726 (QB) (26 March 2021)

Balls v Reeve & Anor [2021] EWHC 751 (QB) (26 March 2021)

Source: www.bailii.org

Judge orders defendant to pay back £90,000 after Right to Buy fraud – Local Government Lawyer

‘A defendant who admitted fraud under the Right to Buy scheme has been ordered to pay back more than £90,000.’

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Local Government Lawyer, 29th March 2021

Source: www.localgovernmentlawyer.co.uk

Our treatment of the vulnerable – Local Government Lawyer

‘The pandemic has shone a powerful searchlight on to the unnecessarily damaged lives of too many of our most vulnerable people and children. In a paper given at a Royal Holloway University of London Symposium, Sir James Munby, former President of the Family Division, looks at the challenges facing the family justice system.’

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Local Government Lawyer, 26th March 2021

Source: www.localgovernmentlawyer.co.uk

£1 million voucher scheme to help families resolve disputes outside of court – Ministry of Justice

Posted March 29th, 2021 in budgets, dispute resolution, families, family courts, Ministry of Justice, news by tracey

‘Separating parents will be helped to avoid stressful court battles through a new million-pound mediation scheme launched by the government today.’

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Ministry of Justice, 26th March 2021

Source: www.gov.uk

Accepting cap on damages deduction “equals informed consent” – Litigation Futures

Posted March 29th, 2021 in consent, costs, damages, fees, news, solicitors by tracey

‘A solicitor telling a client that they will deduct up to 25% of damages to cover costs not recovered in a low-value personal injury case amounts to informed consent, a regional costs judge has ruled.’

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Litigation Futures, 29th March 2021

Source: www.litigationfutures.com

Tribunal: Law firm’s part-time FD was worker, not self-employed – Legal Futures

‘An accountant who acted as a law firm’s part-time finance director through a company was a worker and not self-employed, even though he had another client, an employment tribunal has ruled.’

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Legal Futures, 29th March 2021

Source: www.legalfutures.co.uk

Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University – Courts and Tribunals Judiciary

Posted March 29th, 2021 in dispute resolution, judges, speeches by tracey

‘Speech by Sir Geoffrey Vos, Master of the Rolls: Speech to Hull University. The Relationship between Formal and Informal Justice ‘

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Courts and Tribunals Judiciary, 26th March 2021

Source: www.judiciary.uk

 

Bar Council steps in over inconsistent harassment sanctions regime – The Bar Council

Posted March 29th, 2021 in barristers, disciplinary procedures, harassment, news by tracey

‘The Bar Council has written to both the Bar Standards Board (BSB) and the Bar Tribunal and Adjudication Service (BTAS) about concerns over the handling of harassment cases.’

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The Bar Council, 26th March 2021

Source: www.barcouncil.org.uk

Teenage mother admits causing death of baby daughter due to neglect – The Independent

‘A mother has admitted causing the death of her baby in Brighton. Verphy Kudi’s 20-month-old daughter Asiah Kudi died at an address in the East Sussex city in December 2019.’

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The Independent, 27th March 2021

Source: www.independent.co.uk

Legal challenge seeks to stop ministers sending disappearing messages – The Guardian

‘Ministers could be stopped from using self-destructing messages to conduct government business, following a legal challenge supported by an alliance of transparency campaigners and university archivists.’

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The Guardian, 29th March 2021

Source: www.theguardian.com

Parents can consent to children being given puberty blockers, High Court rules – The Independent

‘Parents can consent to their child being given puberty blockers without applying for a court’s approval, the High Court has ruled following a case that contested whether under-16s were able to give permission themselves.’

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The Independent, 27th March 2021

Source: www.independent.co.uk

Watchdog steps in over secrecy about UK women in Syria stripped of citizenship – The Guardian

‘The Home Office’s refusal to disclose the number of women who, like Shamima Begum, have been deprived of their British citizenship after travelling to join Islamic State is under investigation by the information commissioner.’

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The Guardian, 29th March 2021

Source: www.theguardian.com

School abuse claims could be the ‘next national scandal’ – BBC News

‘Sexual harassment and assault claims made by school pupils on a website may be the “next child abuse scandal that engulfs the nation”, police have said.’

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BBC News, 29th March 2021

Source: www.bbc.co.uk