Rent Repayment Orders and Multiple Offences – 3PB
‘The term ‘rogue landlords’ has been around for many years.’
3PB, 18th March 2021
Source: www.3pb.co.uk
Month: April 2021
An erroneous decision to extend time under s.123(1)(b) Equality Act 2010 – 3PB
‘The Honourable Mrs Justice Ellenbogen, sitting in the EAT, held that a tribunal had erred in extending time under s.123(1)(b) Equality Act 2010 (“EqA 2010”), by failing to determine whether a claimant’s ignorance of his right to claim direct race discrimination was reasonable.’
3PB, 2nd March 2021
Source: www.3pb.co.uk
Home Office faces inquiry into use of barracks to house asylum seekers – The Guardian
‘MPs and peers from the all-party parliamentary group (APPG) on immigration detention agreed to proceed with the inquiry at a private meeting on 17 March. The cross-party group is due to publish its initial findings before the summer recess and hopes its findings can inform parliamentary discussions about the Home Office’s new plans for asylum seekers.’
The Guardian, 13th April 2021
Source: www.theguardian.com
The role of courts at the seat of arbitration – Law Society’s Gazette
‘It is well established in international commercial arbitration that the courts at the seat of arbitration will have supervisory jurisdiction over the arbitral proceedings, including hearing any challenges to the validity of the arbitral award. In the recent case of Minister of Finance (Incorporated) and 1 Malaysia Development Berhad v International Petroleum Investment Company and Aabar Investments PJS [2019] EWCA Civ 2080, the Court of Appeal (Sir Geoffrey Vos, chancellor of the High Court, Newey and Males LLJ) considered the issue of the courts’ powers in section 67 (challenging the award: substantive jurisdiction) and section 68 (challenging the award: serious irregularity) of the Arbitration Act 1996. This article focuses on the Court of Appeal’s important discussion of the role and functions of the court at the seat of arbitration and the impact this has on the law and practice of international commercial arbitration.’
Law Society's Gazette, 12th April 2021
Source: www.lawgazette.co.uk
Is there still any place for supervision orders? – Transparency Project
‘The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have reported on a rapid survey of professionals and parents who were asked quite detailed questions about supervision orders (SOs) in which they were involved during the last six years (presumably since the legislative changes to family proceedings in 2014). There was a good response from nearly 300 social work and legal professionals but only ten parents responded. However the NFJO is carrying out some separate work with focus groups for parents’ views.’
Transparency Project, 13th April 2021
Source: www.transparencyproject.org.uk
SRA backs new cyber-losses clause for indemnity policies – Legal Futures
‘The extent to which losses caused by cyber attacks are covered by law firms’ professional indemnity insurance (PII) policies is to be clarified by the Solicitors Regulation Authority (SRA).’
Legal Futures, 14th April 2021
Source: www.legalfutures.co.uk
‘Direct discrimination’: extremely vulnerable fans barred from Carabao Cup final – The Guardian
‘The decision to bar clinically extremely vulnerable supporters from the Carabao Cup final is “direct discrimination”, according to a group of disabled Tottenham fans.’
The Guardian, 13th April 2021
Source: www.theguardian.com
New Statutory Instruments – legislation.gov.uk
The Civil Proceedings and Gender Recognition Application Fees (Amendment) Order 2021
The Removal and Disposal of Vehicles (Amendment) (England) Regulations 2021
The Magistrates’ Courts (Amendment) Rules 2021
The Social Security (Claims and Payments) (Amendment) Regulations 2021
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
P (A Child) (Interim Separation) [2021] EWCA Civ 499 (06 April 2021)
Court of Appeal (Criminal Division)
Say, R. v [2021] EWCA Crim 520 (13 April 2021)
High Court (Administrative Court)
High Court (Chancery Division)
Melars Group Ltd v East-West Logistics LLP [2021] EWHC 874 (Ch) (13 April 2021)
Performing Right Society Ltd v Qatar Airways Group QCSC [2021] EWHC 869 (Ch) (13 April 2021)
High Court (Patents Court)
Mitsubishi Electric Corporation & Anor v Archos SA & Ors [2021] EWHC 889 (Pat) (13 April 2021)
High Court (Queen’s Bench Division)
Soriano v Forensic News LLC & Ors [2021] EWHC 873 (QB) (13 April 2021)
Source: www.bailii.org
Judge considers whether local authority obliged to assess members of ‘original family’ of mother who herself was adopted – Local Government Lawyer
‘A Family Court judge has issued a ruling on whether, within public law proceedings, there was any obligation on a local authority to assess members of the biological/birth family of the mother of the subject infant child, where the mother herself was adopted as a child and raised by adoptive parents.’
Local Government Lawyer, 12th April 2021
Source: www.localgovernmentlawyer.co.uk
Fine for solicitor who acted on both sides in “undue influence” house sale – Legal Futures
‘A solicitor who acted for both sides in a house sale at an undervalue, set aside by the High Court on the grounds of undue influence, has been fined by the Solicitors Disciplinary Tribunal (SDT).’
Legal Futures, 13th April 2021
Source: www.legalfutures.co.uk
Bodies credited in UK race review distance themselves from findings – The Guardian
‘At least 20 organisations and individuals who were listed as stakeholders in the government’s race disparity commission have distanced themselves from the report and its findings.’
The Guardian, 12th April 2021
Source: www.theguardian.com
Part 26A scheme not within scope of Lugano Convention – Mills & Reeve
‘The insolvency criteria for instigating a Part 26A scheme had the effect that Part 26A schemes fall within the insolvency carve out contained in the Lugano Convention and so are not within its scope.’
Mills & Reeve, 8th April 2021
Source: www.mills-reeve.com
NHS Covid-19 app update blocked for breaking Apple and Google’s rules – BBC News
‘An update to England and Wales’s contact tracing app has been blocked for breaking the terms of an agreement made with Apple and Google.’
BBC News, 12th April 2021
Source: www.bbc.co.uk
Ep 140: Harriet Wistrich on Criminal Justice for Women – Law Pod UK
‘Following International Women’s Day and Women’s History Month, Emma-Louise Fenelon spoke to Harriet Wistrich, founder of the Centre for Women’s Justice about the many ways in which the UK criminal justice system is failing women.’
Law Pod UK, 12th April 2021
Source: audioboom.com
Rough Sleeping Immigration Rule Must Be Repealed – EIN Blog
‘The UK government has recently, and quietly, reintroduced a scheme that works with councils and homelessness charities to obtain personal data on migrant rough sleepers that may result in their deportation.’
EIN Blog, 12th April 2021
Source: www.ein.org.uk
Breastfeeding mother’s appeal over jury service in Winchester – BBC News
‘A mother has been told she must attend court for jury service despite wanting to breastfeed her baby.’
BBC News, 12th April 2021
Source: www.bbc.co.uk
Peers seek to block limit on UK soldiers’ accountability for war crimes – The Guardian
‘Peers behind a cross-party amendment to halt plans to restrict prosecutions of torture and war crimes by British soldiers serving abroad are hopeful of inflicting a high-profile defeat on the government in the Lords on Tuesday.’
The Guardian, 13th April 2021
Source: www.theguardian.com
BAILII: Recent Decisions
Wales High Court (Administrative Court)
High Court (Chancery Division)
Persimmon Homes Ltd & Anor v Osborne Clark LLP & Anor [2021] EWHC 831 (Ch) (12 April 2021)
Kanval v Kanval [2021] EWHC 853 (Ch) (12 April 2021)
High Court (Queen’s Bench Division)
Burleigh House (PTC) Ltd v Irwin Mitchell LLP [2021] EWHC 834 (QB) (12 April 2021)
Source: www.bailii.org
Limitation period for a tortious claim: when does it end? – Practical Law: Construction Blog
‘Some breaches of contract do not become apparent until many years have passed. This is especially true where the result is a defect. Recently, our colleague Charlotte Mears blogged on limitation periods under contract. But what happens after the limitation period under a contract has expired? This blog explores the extent to which an answer lies in tort focusing on the tort of negligence.’
Practical Law: Construction Blog , 7th April 2021
