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

Supreme Court considers asylum claim decided under quashed fast track rules – UK Human Rights Blog

Posted October 27th, 2021 in appeals, asylum, human rights, immigration, news, Supreme Court by sally

‘In 2015, the Court of Appeal found that the fast-track procedure rules for appeals against the refusal of some types of asylum claim (the FTR) was “structurally unfair, unjust and ultra vires” (R (Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840; [2015] 1 WLR 5341, known as DA6). The Court of Appeal quashed the FTR because this structural unfairness “created a risk that the applicants would have inadequate time to obtain advice, marshall their evidence and properly present their cases”, which “created an unacceptable risk of unfairness in a significant number of cases”.’

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UK Human Rights Blog, 26th October 2021

Source: ukhumanrightsblog.com

Widnes baby death: Father guilty of son’s murder – BBC News

‘The father of a baby boy who died after suffering “horrific” head injuries has been found guilty of his murder.’

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BBC News, 26th October 2021

Source: www.bbc.co.uk

Wayne Couzens launches appeal against whole-life sentence for Sarah Everard murder – The Independent

‘Sarah Everard’s murderer is appealing against the whole-life sentence he was given at the Old Bailey last month, it has emerged.’

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The Independent, 27th October 2021

Source: www.independent.co.uk

Woman cleared of obstructing Met police after partner shot with stun gun – The Guardian

Posted October 27th, 2021 in families, firearms, news, police, professional conduct, video recordings by sally

‘The case against a black woman charged with obstructing the police when officers shot her partner with a stun gun in the family home has collapsed.’

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The Guardian, 26th October 2021

Source: www.theguardian.com

Law firm first to sell advice using cryptocurrency tokens – Legal Futures

Posted October 27th, 2021 in cryptocurrencies, fees, law firms, news by sally

‘A law firm based in Bristol will auction two and a half hours of chargeable time next month in the form of three unique cryptocurrency tokens.’

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Legal Futures, 27th October 2021

Source: www.legalfutures.co.uk

Human rights applications and statutory rights to appeal – the domestic abuse context – EIN Blog

Posted October 27th, 2021 in appeals, families, government departments, human rights, immigration, news by sally

‘For a while now, the case of MY (Pakistan) [2021] EWCA Civ 1500 has been pending before the Court of Appeal. The appealed decision, made by the Upper Tribunal (IAC) on 17 February 2020, removed the right to a statutory appeal where the Home Office had not considered any human rights arguments raised in an immigration application.’

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EIN Blog, 26th October 2021

Source: www.ein.org.uk

Julian Assange: what to expect from the extradition appeal – The Guardian

Posted October 27th, 2021 in appeals, extradition, mental health, news, spying, suicide by sally

‘The year began with a legal defeat for an attempt to extradite Julian Assange to face espionage charges in the US, but he has remained in Belmarsh prison pending an appeal.’

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The Guardian, 26th October 2021

Source: www.theguardian.com

Qualified one-way costs shifting – Law Society’s Gazette

‘In Ho v Adelekun [2021] UKSC 43, the Supreme Court considered the mechanics of qualified one-way costs shifting (QOCS). The claimant was injured in a road traffic accident in 2012. In 2017, she was offered £30,000 by the defendant in settlement of her claim in what was described as a “Part 36 offer letter”. In that letter, the defendant offered to pay the claimant’s costs “in accordance with Part 36 rule 13”, such costs to be subject to detailed assessment if not agreed, if the offer was accepted within 21 days. The claimant decided to accept the offer and a Tomlin order was subsequently made by consent. However, the defendant then argued that the claimant’s costs were limited to the fixed costs recoverable in accordance with the terms of Part 45 Section IIIA of the Civil Procedure Rules.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk