BAILII: Recent Decisions

Posted July 12th, 2021 in law reports by tracey

High Court (Chancery Division)

Kuddusi Can Il (aka K Jan Il) v Yesilkaya (aka Abit Yesilkaya) & Anor [2021] EWHC 1695 (Ch) (09 July 2021)

Original Beauty Technology Company Ltd & Ors v G4K Fashion Ltd & Ors [2021] EWHC 1848 (Ch) (09 July 2021)

High Court (Commercial Court)

Devas Multimedia America Inc & Ors v Antrix Corporation Ltd & Ors [2021] EWHC 1944 (Comm) (09 July 2021)

Markel Bermuda Ltd v Caesars Entertainment Inc. (Arbitration Claim) [2021] EWHC 1931 (Comm) (09 July 2021)

High Court (Family Division)

A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam) (09 July 2021)

K v H [2021] EWHC 1918 (Fam) (08 July 2021)

High Court (Patents Court)

Insulet Corporation v Roche Diabetes Care Ltd [2021] EWHC 1907 (Pat) (09 July 2021)

High Court (Technology and Construction Court)

Good Law Project Ltd, R (On the Application Of) v Minister for the Cabinet Office [2021] EWHC 1937 (TCC) (09 July 2021)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 12th, 2021 in legislation by tracey

The Licensing Act 2003 (2020 UEFA European Championship Licensing Hours) Order 2021

The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021

The Benchmarks (Provision of Information and Documents) Regulations 2021

The School Teachers’ Pay and Conditions (England) (Coronavirus) (Amendment) Order 2021

The Contracting Out (Functions in Relation to Space) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 12th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

AK & Ors, R (on the application of) v The Entry Clearance Office (Islamabad) & Anor [2021] EWCA Civ 1038 (09 July 2021)

Greenstein v Campaign Against Antisemitism [2021] EWCA Civ 1006 (09 July 2021)

Pennistone Holdings Ltd v Rock Ferry Waterfront Trust [2021] EWCA Civ 1029 (09 July 2021)

R (A Child), Re [2021] EWCA Civ 1019 (09 July 2021)

Molloy v BPHA Limited [2021] EWCA Civ 1035 (09 July 2021)

KA, R (on the application of) v The Secretary of State for the Home Department & Anor [2021] EWCA Civ 1040 (09 July 2021)

Fixsler & Anor v Manchester University NHS Foundation Trust & Anor [2021] EWCA Civ 1018 (09 July 2021)

Court of Appeal (Criminal Division)

Hanson, R. v [2021] EWCA Crim 1008 (09 July 2021)

High Court (Administrative Court)

Smart, R (On the Application Of) v Secretary of State for Justice [2021] EWHC 1898 (Admin) (09 July 2021)

Madison v Government of Australia [2021] EWHC 1900 (Admin) (09 July 2021)

Source: www.bailii.org

“Extraordinary things are happening” outside of traditional law firms – Legal Futures

‘Professor Richard Susskind’s claim that the current model of alternative legal services providers has not delivered and needs to be rethought is premature, the boss of Radiant Law has argued.’

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Legal Futures, 12th July 2021

Source: www.legalfutures.co.uk

Knife Crime Prevention Orders begin in London – Home Office

‘Court orders preventing young people from carrying knives and becoming embroiled in serious violence are now being piloted in London, Home Secretary Priti Patel has announced.’

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Home Office, 7th July 2021

Source: www.gov.uk

A de-facto problem – Family Law

Posted July 12th, 2021 in cohabitation, families, financial dispute resolution, marriage, news by tracey

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 8th July 2021

Source: www.familylaw.co.uk

CPS publishes updated guidance for handling of illegal entry cases via small boats – Crown Prosecution Service

‘Prosecutors and law enforcement agencies have agreed a consistent approach to the handling of cases involving illegal entry to the UK via small boats and lorries.’

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Crown Prosecution Service, 8th July 2021

Source: www.cps.gov.uk

CGT and Divorce – changes ahead? – Family Law Week

Posted July 12th, 2021 in divorce, families, financial dispute resolution, news, taxation by tracey

‘Jo Carr-West and Lara Barton, partners at Hunters Law LLP, explain recent recommendations that would assist divorcing couples in minimising and managing the CGT implications of separating their financial affairs.’

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Family Law Week, 10th July 2021

Source: www.familylawweek.co.uk

Murder cases reopened in wake of Sally Challen appeal – The Guardian

‘A number of murder cases are being re-examined to investigate possible unsafe convictions where coercive and controlling behaviour may not have been available as a defence, the Observer can reveal.’

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The Guardian, 10th July 2021

Source: www.theguardian.com

Dalian Atkinson: PC Benjamin Monk sacked by police – BBC News

‘A police officer jailed for killing former footballer Dalian Atkinson has been sacked having “undermined public confidence” in policing.’

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BBC News, 10th July 2021

Source: www.bbc.co.uk

Richard Okorogheye: Police staff served with misconduct notices over teen’s disappearance – The Independent

‘Two Metropolitan Police staff members may have failed to pass on information in relation to the disappearance of Richard Okorogheye and have been served with misconduct notices as a result, the Independent Office for Police Conduct (IOPC) has announced.’

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The Independent, 10th July 2021

Source: www.independent.co.uk

Peterborough voyeur masseur secretly filmed 900 women – BBC News

Posted July 12th, 2021 in imprisonment, news, sentencing, sexual offences, video recordings, voyeurism by tracey

‘A masseur who secretly filmed more than 900 women as they got undressed has been jailed for four years.’

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BBC News, 10th July 2021

Source: www.bbc.co.uk

Home Office forced to pay out £9.3m in compensation for over 300 cases of unlawful detention last year – The Independent

‘The Home Office was forced to pay out a record in compensation for wrongful detention under immigration powers last year.’

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The Independent, 10th July 2021

Source: www.independent.co.uk

Home Office ‘acting unlawfully’ in rush to deport asylum seekers – The Guardian

‘Hundreds of people arriving in England in small boats are being immediately detained in immigration removal centres, raising fears of a new, secret Home Office policy to deport them without their asylum claims being properly considered.’

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The Guardian, 11th July 2021

Source: www.theguardian.com

Bus driver jailed for crashing double decker carrying 74 children into bridge – The Independent

‘A bus driver has been jailed after injuring 41 children by crashing a double-decker into a railway bridge.’

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The Independent, 10th July 2021

Source: www.independent.co.uk

Fijian-born soldiers given right to live in UK despite legal battle loss – The Guardian

Posted July 12th, 2021 in armed forces, colonies, Fiji, government departments, immigration, news, visas by tracey

‘A group of Fijian-born soldiers who sued the government after being classified as illegal immigrants have been granted leave to remain in the UK, despite losing their legal battle against the Ministry of Defence (MoD) and the Home Office.’

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The Guardian, 11th July 2021

Source: www.theguardian.com

British army identifies serious failings over soldier’s death – reports – The Guardian

Posted July 12th, 2021 in armed forces, bullying, complaints, delay, inquiries, mental health, news, suicide by tracey

‘The British army has identified serious failings in its handling of the death of a soldier whose body lay undiscovered at a base for three weeks, according to reports.’

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The Guardian, 11th July 2021

Source: www.theguardian.com

Snowdon: Legal challenge warning for mountain visitor charge – BBC News

Posted July 12th, 2021 in local government, news, parks, Wales by tracey

‘Any attempt to charge visitors to go up Snowdon mountain could lead to legal challenges, it has been warned.’

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BBC News, 12th July 2021

Source: www.bbc.co.uk

Research Briefing: Statutory commissions of inquiry: the Inquiries Act 2005 – House of Commons Library

Posted July 12th, 2021 in inquiries, news, parliament by tracey

‘A briefing paper explaining the Inquiries Act 2005, issues arising from the holding of statutory public inquiries, and summary notes on the progress of active statutory inquiries.’

Full text

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House of Commons Library, 8th July 2021

Source: commonslibrary.parliament.uk