Southern Water fined record £90m for dumping raw sewage – BBC News

Posted July 13th, 2021 in fines, news, pollution, waste, water, water companies by tracey

‘Southern Water has been fined a record £90m for deliberately dumping billions of litres of raw sewage into the sea. The company admitted 6,971 illegal spills from 17 sites in Hampshire, Kent and West Sussex between 2010 and 2015.’

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BBC news, 10th July 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 13th, 2021 in legislation by tracey

The Money Laundering and Terrorist Financing (Amendment) (No. 2) (High-Risk Countries) Regulations 2021

The Merchant Shipping (Prevention of Pollution from Noxious Liquid Substances in Bulk and Prevention of Oil Pollution) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 13th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

School Facility Management Ltd & Ors v Governing Body of Christ The King College [2021] EWCA Civ 1053 (12 July 2021)

Target Group Ltd v Her Majesty’s Revenue And Customs [2021] EWCA Civ 1043 (12 July 2021)

High Court (Administrative Court)

Perry v The Government of the United States of America [2021] EWHC 1956 (Admin) (13 July 2021)

High Court (Queen’s Bench Division)

London Borough of Lambeth v Grant & Ors (Rev 1) [2021] EWHC 1962 (QB) (12 July 2021)

Malik v St George’s University Hospitals NHS Foundation Trust [2021] EWHC 1913 (QB) (12 July 2021)

Source: www.bailii.org

Committed to committal – Nearly Legal

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

Doors, fixtures and demises – Nearly Legal

Posted July 13th, 2021 in covenants, leases, news by tracey

‘Marlborough Knightsbridge Management Ltd v Fivaz (2021) EWCA Civ 989. In which the Court of Appeal grapple with whether a front entrance door to a leasehold flat is a “landlord’s fixture” or something else. This was the landlord’s second appeal from the Upper Tribunal decision we noted here, where the UT had found that the door was part of the demise under the lease, not a landlord’s fixture. The overall issue was that the leaseholder, Mr Fivaz, had replaced the front door to his flats. The landlord contended that this was a breach of lease under a covenant.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

UK court backs rights holder in ‘essential’ patent dispute – OUT-LAW.com

Posted July 13th, 2021 in estoppel, news, patents, telecommunications by tracey

‘The High Court in London has decided in favour of Optis Cellular Technology in a dispute over the validity of one of its telecommunications network patents and one that was said to be essential to the long-term evolution (LTE) network standard.’

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OUT-LAW.com, 12th July 2021

Source: www.pinsentmasons.com

TCC stays expert determination proceedings – Practical Law: Construction Blog

‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’

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Practical Law: Construction Blog, 6th July 2021

Source: constructionblog.practicallaw.com

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’

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Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Lady Rose, ALBA Annual Lecture – Supreme Court

Posted July 13th, 2021 in evidence, speeches, statistics, trade marks by tracey

‘A Numbers Game? Statistics in Public Law Cases’

Full speech

Supreme Court, 5th July 2021

Source: www.supremecourt.uk

Master of the rolls gives green light to mandatory ADR – Law Society’s Gazette

Posted July 13th, 2021 in civil justice, dispute resolution, human rights, news, reports by tracey

‘Mandatory (alternative) dispute resolution is lawful and should be encouraged, according to the Civil Justice Council’s report on compulsory alternative dispute resolution.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Crime victims ‘hesitant’ to report them over court delays – BBC News

Posted July 13th, 2021 in crime, criminal justice, delay, news, victims by tracey

‘A victim of crime says some people are put off reporting incidents because of delays in getting justice. More than 57,000 trials are yet to be heard in crown courts across England and Wales due to a backlog made worse by the coronavirus pandemic.’

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BBC News, 13th July 2021

Source: www.bbc.co.uk

The Base: UK to ban US-based white supremacist group as terrorist organisation – The Independent

Posted July 13th, 2021 in news, proscribed organisations, racism, terrorism by tracey

‘The British government is to ban US-based white supremacist group The Base as a terrorist organisation.’

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The Independent, 12th July 2021

Source: www.independent.co.uk

Migrant rough sleeper facing eviction from London accommodation – The Guardian

Posted July 13th, 2021 in homelessness, hotels, housing, immigration, local government, news by tracey

‘A migrant rough sleeper is facing eviction from emergency hotel accommodation by a London council because he refuses to return to his home country.’

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The Guardian, 12th July 2021

Source: www.theguardian.com