Joanna Bell: Digging for Information about Cart JRs – UK Constitutional Law Association

Posted April 1st, 2021 in judicial review, Ministry of Justice, news, statistics, tribunals by tracey

‘Anyone who has ever tried to study judicial review in England and Wales empirically knows it is a little like digging for gold without a metal detector: it is difficult to know where to dig and there is also no guarantee that you will find what you are looking for.’

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UK Constitutional Law Association, 1st April 2021


After Uber: Purposive Interpretation and the Future of Contract – by Joe Atkinson and Hitesh Dhorajiwala – UK Labour Law

Posted April 1st, 2021 in contract of employment, employment, interpretation, news, Supreme Court, taxis by tracey

‘The Uber BV v Aslam [2021] UKSC 5 (“Uber (SC)”) judgment from the Supreme Court represents the final chapter in the long-running saga of determining the employment status of drivers who provided trips to passengers via the Uber app. As highlighted by Valerio De Stefano, the finding that the drivers must be classed as workers is part of a wider trend of decisions rejecting arguments that platform workers fall outside the regulatory scope of employment law. This blog considers key aspects of the Supreme Court’s reasoning, relating to the “purposive approach” and the role of contractual documentation in determining employment status, as well as some of the practical consequences of the judgment for workers.’

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UK Labour Law, 1st April 2021


New Statutory Instruments –

Posted April 1st, 2021 in legislation by tracey

The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2021

The Early Years Foundation Stage (Miscellaneous Amendments) and Childcare Fees (Amendment) Regulations 2021

The Trade and Official Controls (Transitional Arrangements for Prior Notifications) (Amendment) Regulations 2021

The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021

The Industrial Training Levy (Construction Industry Training Board) Order 2021

The Registration of Marriages (Amendment) Regulations 2021

The Financial Guidance and Claims Act 2018 (Commencement No. 7) (Dissolution of the Consumer Financial Education Body) Regulations 2021

The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021

The Registration of Marriages Regulations 2021

The Civil Partnership (Registration and Records) (Amendment) Regulations 2021


BAILII: Recent Decisions

Posted April 1st, 2021 in law reports by tracey

Supreme Court

Balhousie Holdings Ltd v Revenue and Customs (Scotland) [2021] UKSC 11 (31 March 2021)

Court of Appeal (Civil Division)

F (A Child : Adjournment) [2021] EWCA Civ 469 (31 March 2021)

Wood v Commercial First Business Ltd & Ors [2021] EWCA Civ 471 (31 March 2021)

Mujahid, R (On the Application Of) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021)

Court (Administrative Court)

AM v The Chief Constable of West Midlands Police [2021] EWHC 796 (Admin) (31 March 2021)

Wandsworth Borough Council, R (on the application of) v HM Senior Coroner For Inner West London [2021] EWHC 801 (Admin) (31 March 2021)

Bux v The General Medical Council [2021] EWHC 762 (Admin) (31 March 2021)

High Court (Chancery Division)

Kitover v (1) Galmarley Ltd (t/a Bullionvault.Com) & Anor [2021] EWHC 809 (Ch) (01 April 2021)

Gallium Fund Solutions Group Ltd, Re [2021] EWHC 765 (Ch) (31 March 2021)

Koza Ltd & Anor v Koza Altin Isletmeleri AS [2021] EWHC 786 (Ch) (31 March 2021)

Compound Photonics Group Ltd, Re [2021] EWHC 787 (Ch) (31 March 2021)

Fundingsecure Ltd, Re [2021] EWHC 798 (Ch) (31 March 2021)

High Court (Commercial Court)

A v B [2021] EWHC 793 (Comm) (31 March 2021)

Bedford Investments Ltd v Sellman [2021] EWHC 799 (Comm) (31 March 2021)

High Court (Family Division)

W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021)

High Court (Queen’s Bench Division)

Mather v Ministry of Defence [2021] EWHC 811 (QB) (31 March 2021)

Barrow & Ors v Merret & Anor [2021] EWHC 792 (QB) (31 March 2021)

SKX v Manchester City Council [2021] EWHC 782 (QB) (31 March 2021)

Newell v Ministry of Justice [2021] EWHC 810 (QB) (31 March 2021)

High Court (Technology and Construction Court)

Balfour Beatty Regional Construction Ltd v Van Elle Ltd [2021] EWHC 794 (TCC) (31 March 2021)

Mott Macdonald Ltd v Trant Engineering Ltd [2021] EWHC 754 (TCC) (30 March 2021)


Deprivation of liberty and writs of habeas corpus – Local Government Lawyer

‘The Court of Protection has found that if a local authority does not apply for an order under the inherent jurisdiction, a parent can challenge the deprivation of liberty of their child in a specialist school by bringing a writ of habeas corpus. Joshua Swirsky analyses the ruling.’

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Local Government Lawyer, 1st April 2021


New and repeat lessons from CIL appeal decisions – Local Government Lawyer

Posted April 1st, 2021 in appeals, delay, news, planning, regulations, service by tracey

‘The flow of appeals against surcharges and deemed commencement dates under regulations 117 and 118 of the Community Infrastructure Levy Regulations 2010 to the Planning Inspectorate continues unabated. Christopher Cant looks at what can be learned.’

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Local Government Lawyer, 1st April 2021


London-wide launch of operation to convict those who assault NHS staff – Crown Prosecution Service

Posted April 1st, 2021 in assault, doctors, hate crime, news, nurses, paramedics, pilot schemes, prosecutions by tracey

‘Known as Operation Cavell, the initiative will see a senior officer review all reports of assaults and hate crime against NHS staff. Following a three-month pilot, the National Health Service (NHS), Metropolitan Police Service (MPS) and Crown Prosecution Service (CPS) have been working in partnership to launch the scheme today (Wednesday, 31 March) which aims to increase convictions and protect NHS staff on the frontline.’

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Crown Prosecution Service, 31st March 2021


Chambers criticised for giving pupils silent treatment – Law Society’s Gazette

Posted April 1st, 2021 in barristers, news, notification, pupillage, recruitment by tracey

‘Chambers that fail to respond to unsuccessful applicants for pupillage – the great majority – have been urged to mend their ways, after a student claimed the practice “damages the integrity of the profession.”’

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Law Society's Gazette, 31st March 2021


Airport ordered to pay compensation to home owners over noise – The Independent

Posted April 1st, 2021 in airports, compensation, news, noise by tracey

‘A court has ordered that London Southend Airport should pay a total of £86,500 in compensation to owners of nine neighbouring homes who say their values were diminished by noise following a runway extension.’

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The Independent, 31st March 2021


Everyone’s Invited: Schools abuse helpline and review launched – BBC News

Posted April 1st, 2021 in child abuse, harassment, news, school children, sexual offences, universities by tracey

‘A helpline and immediate review into sexual abuse in schools have been set up by the government in response to thousands of allegations from students.’

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BBC News, 31st March 2021


Crime victims to be told when perpetrators leave prison – BBC News

Posted April 1st, 2021 in crime, cross-examination, news, notification, parole, victims by tracey

‘Crime victims are to be told when an offender leaves prison as part of a new code that has come into force in England and Wales.’

Full code

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BBC News, 1st April 2021


Police watchdog accused of skewing report to back protests clampdown – The Guardian

‘The official policing inspectorate showed repeated bias in favour of the police and against peaceful protesters as it compiled a report which backed a government clampdown, a whistleblower has alleged. The complainant says a report on protest released in March this year was skewed in favour of the government view, with conclusions reached before evidence was gathered and assessed.’

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The Guardian, 31st March 2021


Assisted dying inquiry essential, leading brain surgeon says – BBC News

Posted April 1st, 2021 in assisted suicide, doctors, inquiries, news by tracey

‘One of the UK’s leading brain surgeons, who has advanced prostate cancer, has said an inquiry into assisted dying is “absolutely essential”.’

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BBC News, 1st April 2021


Charity Commission investigates Carrie Symonds’ employer – The Independent

‘The organisation that employs Boris Johnson’s fiancee Carrie Symonds is set to be investigated by the Charity Commission following “serious concerns” over its governance and financial management.’

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The Independent, 1st April 2021