New Judgment: Kostal UK Ltd v Dunkley and others [2021] UKSC 47 – UKSC Blog

‘The Appellant and 56 others are all members of the trade union “Unite” and are employed by the Respondent. They began formal annual pay negotiations and the Respondent made a pay offer. Union members were balloted and rejected the offer. The Respondent then made the same offer to its employees directly, bypassing Unite, also saying that if no agreement was reached “this may lead to the company serving notice on your contract of employment”.’

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UKSC Blog, 27th October 2021

Source: ukscblog.com

Art collector’s court case signals potential legal and contractual issues with NFTs – OUT-LAW.com

Posted October 28th, 2021 in arbitration, artistic works, auctioneers, internet, news by sally

‘Liverpool-based art collector and computer programmer Amir Soleymani has recently filed a High Court claim against non-fungible token (NFT) marketplace Nifty Gateway, concerning the auction terms relating to his $650,000 third-place bid for digital artist Beeple’s ‘Abundance’ NFT.’

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OUT-LAW.com, 26th October 2021

Source: www.pinsentmasons.com

Unreasonable force contributed to death of black man restrained in Leicester, jury finds – The Guardian

Posted October 28th, 2021 in attempts, death in custody, inquests, news, police, professional conduct, restraint, robbery by sally

‘A jury has found that unreasonable force used during restraint probably contributed to the death of a 29-year-old black man who was held down for 17 minutes after attempting to rob a Leicestershire supermarket.’

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The Guardian, 26th October 2021

Source: www.theguardian.com

New Judgment: Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 – UKSC Blog

Posted October 28th, 2021 in appeals, arbitration, company law, food, news, Supreme Court by sally

‘The Appellant, a Lebanese company, entered into a Franchise Development Agreement with a Kuwaiti company, granting a licence to operate its restaurant franchise in Kuwait for ten years. In 2005, the company became a subsidiary of the Respondent. A dispute arose under the FDA and linked Franchise Agreements, which was referred to arbitration.’

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UKSC Blog, 27th October 2021

Source: ukscblog.com

George Peretz QC: The Subsidy Control Bill: Part I – A new public law regime – UK Constitutional Law Association

Posted October 28th, 2021 in bills, competition, constitutional law, judicial review, news, state aids, tribunals by sally

‘The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such view would, however, be profoundly wrong. On the contrary, the Bill sets up a new type of public litigation, covering a very wide range of public authority decisions, that should be of considerable interest to public lawyers and its application to legislation will be of interest to constitutional lawyers as well.’

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UK Constitutional Law Association, 28th October 2021

Source: ukconstitutionallaw.org

Case Comment: Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 – UKSC Blog

Posted October 28th, 2021 in airlines, appeals, duress, news, Pakistan, Supreme Court by sally

‘In this post, Stephanie Cheung, Mitchell Abbott and Jana Blahova of CMS Cameron McKenna Nabarro Olswang LLP, comment on the decision handed down by the UK Supreme Court in Pakistan International Airline Corporation v Times Travel (UK) Ltd [2021] UKSC 40 and consider how the decision impacts on the doctrine of lawful economic duress.’

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UKSC Blog, 26th October 2021

Source: ukscblog.com

Lia Nici: Man fined over threats to Grimsby MP – BBC News

Posted October 28th, 2021 in fines, harassment, news, parliament, sentencing, threatening behaviour by sally

‘A man has been fined after admitting a campaign of threatening behaviour against Great Grimsby Conservative MP Lia Nici.’

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BBC News, 28th October 2021

Source: www.bbc.co.uk

Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer

‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

“A step in the right direction” – legal leaders seek positives from Budget – Legal Futures

‘Legal leaders hailed funding for the justice system announced in yesterday’s Budget as “a step in the right direction”, even though it will not even return the Crown Court backlog to pre-Covid levels.’

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Legal Futures, 28th October 2021

Source: www.legalfutures.co.uk

Man who used commemorative coin to pay for petrol wins payout – The Independent

Posted October 28th, 2021 in coinage, compensation, damages, debts, news by sally

‘A commemorative coin collector who was arrested after attempting to pay for his fuel at a petrol station with a £100 coin, insisting it was legal tender, has been awarded a £5,000 compensation payout.’

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The Independent, 27th October 2021

Source: www.independent.co.uk

Abuse survivor fights for justice after 70 years – BBC News

Posted October 28th, 2021 in care homes, child abuse, children, inquiries, news, sexual offences by sally

‘A woman who was sexually abused in a children’s home in the 1950s has called for an inquiry and an apology.’

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BBC News, 28th October 2021

Source: www.bbc.co.uk

Is An Overhaul Of The Human Rights Act Imminent? – Each Other

Posted October 28th, 2021 in government departments, human rights, news, statute law revision by sally

‘Dominic Raab has announced his intention to “overhaul” the UK’s Human Rights Act (HRA), despite widespread criticism.’

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Each Other, 27th October 2021

Source: eachother.org.uk

Helen’s law: killer refused parole for failing to disclose where body hidden – The Guardian

‘A prisoner has become the first person to be refused parole under a new law that makes it harder for killers to be released if they refuse to reveal where they hid their victim’s body.’

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The Guardian, 27th October 2021

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted October 28th, 2021 in legislation by tracey

SI 2021/1199 – The Coronavirus Act 2020 (Suspension: Disposal of Bodies) (England) Regulations 2021

SI 2021/1187 – The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 28th, 2021 in law reports by tracey

Supreme Court

Kostal UK Ltd v Dunkley & Ors [2021] UKSC 47 (26 October 2021)

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48 (26 October 2021)

Court of Appeal (Civil Division)

Autonomous Non-Profit Organisation TV-Novosti, R (On the Application Of) v The Office of Communications [2021] EWCA Civ 1534 (26 October 2021)

Court of Appeal (Criminal Division)

Adams, R. v [2021] EWCA Crim 1525 (25 October 2021)

High Court (Administrative Court)

De Mercur v Croydon Magistrates Cour [2021] EWHC 2874 (Admin) (27 October 2021)

The Chief Constable of Lancashire Constabluary, R (On the Application Of) v The Crown Court Sitting At Preston [2021] EWHC 2869 (Admin) (27 October 2021)

Barber v The Sovereign Base Areas of Akrotiri And Dhekelia, British Overseas Territory [2021] EWHC 2858 (Admin) (26 October 2021)

High Court (Chancery Division)

CBPE Capital Fund VIII A LP v Taranissi [2021] EWHC 2855 (Ch) (27 October 2021)

European Real Estate Debt Fund (Cayman) Ltd v Treon & Ors [2021] EWHC 2866 (Ch) (27 October 2021)

The Financial Conduct Authority v Carillion Plc [2021] EWHC 2871 (Ch) (27 October 2021)

Brookman & Anor v Potts & Anor [2021] EWHC 2861 (Ch) (27 October 2021)

Walker v The Official Receiver [2021] EWHC 2868 (Ch) (26 October 2021)

Source: www.bailii.org