Day: 7 February 2022
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hughes v Rattan [2022] EWCA Civ 107 (04 February 2022)
Court of Appeal (Criminal Division)
Ladbrook v R. [2022] EWCA Crim 113 (04 February 2022)
High Court (Administrative Court)
High Court (Chancery Division)
Evans & Anor v Joseph Joseph Ltd & Anor [2022] EWHC 192 (Ch) (04 February 2022)
High Court (Commercial Court)
Deutsche Bank AG London v Comune Di Busto Arsizio [2022] EWHC 219 (Comm) (04 February 2022)
Provimi France S.A.S. & Ors v Stour Bay Company Ltd [2022] EWHC 218 (Comm) (04 February 2022)
High Court (Family Division)
S (A Child) (1980 Hague Convention Stranding) [2022] EWHC 214 (Fam) (01 February 2022)
High Court (Queen’s Bench Division)
Meric v Navis & Anor [2022] EWHC 221 (QB) (04 February 2022)
Source: www.bailii.org
Latest News on The EU Settlement Scheme for 2022 – EIN Blog
‘It is now over 3 years since the UK Home Office launched the EU Settlement Scheme (EUSS) on 21st January 2019 in readiness for Brexit. According to the latest government data, as of the end of December 2021, 6,385,500 EUSS applications have been received, 333,200 of these arriving after the deadline of 30th June 2021. So far, 6,057,400 EUSS applications have been processed, resulting in 52% of applicants receiving settled status, 41% receiving pre-settled status, and 3% receiving a refusal. Their data also shows that EUSS applications received since 30th June 2021 have been a mix of late applicants, joining family members, and those moving from pre-settled to settled status. Here we look at the conclusions of the latest EUSS inspection by the Independent Chief Inspector of Border and Immigration and some of the issues applicants are now experiencing with their applications and getting help.’
EIN Blog, 3rd February 2022
Source: www.ein.org.uk
Novel consideration when balancing the imperatives of adjudication and litigation – Practical Law: Construction Blog
‘The court may order a stay of a claim pursuant to CPR 3.1(2)(f) where the claimant has previously been ordered to pay the defendant sums in satisfaction of an adjudicator’s decision and the claimant has not done so. That power is exercised, in part, with the “pay now argue later” ethos of the Construction Act 1996 in mind. The key decisions to date (which I discuss below) balance a party’s rights of access to the court against those broader policy objectives. This post looks at a case in which the TCC applied and expanded the case law in this area, RHP Merchants and Construction Ltd v Treforest Property Co Ltd.’
Practical Law: Construction Blog, 2nd February 2022
Identifying and Proving Breach of Duty Relating to Ambulance Response Time – Ropewalk Clinical Negligence Blog
‘When you call for an ambulance, you generally want it now. To you, it’s an emergency and an emergency requires an immediate response.
The reality of a modern NHS generally and Ambulance Trusts specifically mean that such an expectation is rarely met. Thankfully, in the vast majority of cases the timing of the arrival of the paramedic is of no real consequence. More important to outcome can be what happens once the paramedic alights from the ambulance and attends to the patient, how long it takes from that point until admission to A&E or the unit to which the patient is taken for necessary specialist care. These latter issues can all have a bearing on the timing, the quality and the nature of care received by the patient.’
Ropewalk Clinical Negligence Blog , 3rd February 2022
Source: www.ropewalk.co.uk
Supreme Court dismisses protestors’ appeal over PKK flag conviction – UK Human Rights Blog
‘Pwr v Director of Public Prosecutions [2022] UKSC 2. On 26 January 2022 the Supreme Court ruled that s.13(1) Terrorism Act 2000 (“TA 2000 “) is a strict liability offence and that, whilst it does interfere with Art.10 ECHR (freedom of expression), the interference is lawful, necessary and proportionate.’
UK Human Rights Blog, 3rd February 2022
Source: ukhumanrightsblog.com
A case management plea from the EAT – Local Government Lawyer
‘Nicholas Siddall QC analyses a recent judgment of the Employment Appeal Tribunal and the guidance there given as to the correct approach to case management by an Employment Tribunal.’
Local Government Lawyer, 4th February 2022
Source: www.localgovernmentlawyer.co.uk
Duties of care, highways authorities and occupiers of land adjoining the highway – Local Government Lawyer
‘The Court of Appeal recently considered whether claims under the Occupiers’ Liability Act 1984 against occupiers of land adjoining a highway, and against the relevant highway authority, arising from a tragic road traffic accident were reasonable causes of action or had a real prospect of success. James Marwick, Matthew White and Julian Horne analyse the ruling.’
Local Government Lawyer, 4th February 2022
Source: www.localgovernmentlawyer.co.uk
Online safety law to be strengthened to stamp out illegal content – Home Office
‘Online Safety Bill strengthened with new list of criminal content for tech firms to remove as a priority.’
Home Office, 4th February 2022
Source: www.gov.uk
The procedure for England’s new divorce law – Family Law
‘From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. The rules for procedure have just been published and this note explores some of the important changes for practitioners.’
Family Law, 4th February 2022
Source: www.familylaw.co.uk
Alcohol tests: blood, hair, different types, what’s best and what can throw the results – Family Law
‘An individual’s drinking behaviour is an important factor in many family law cases, with a variety of measures used to test for chronic and excessive alcohol consumption.’
Family Law, 4th February 2022
Source: www.familylaw.co.uk
A Review of the Year in the Court of Appeal (Criminal Division) 2020 – 2021 – Courts & Tribunals Judiciary
‘The Court of Appeal (Criminal Division) has published its annual report for 2020-21.’
Courts & Tribunals Judiciary, 31st January 2022
Source: www.judiciary.uk
Mirror publisher makes £2m interim payment in ‘phone hacking’ litigation – Law Society’s Gazette
‘The publisher of the Daily Mirror and the People has agreed to make an interim payment of just over £2m on account of costs racked up in the most recent ongoing “phone hacking” litigation, which has seen nearly 600 claims settled so far.’
Law Society's Gazette, 4th February 2022
Source: www.lawgazette.co.uk
Financial Remedy Update, February 2022 – Family Law Week
‘Sue Brookes, Principle Associate and Nicola Rowlings, Professional Support Lawyer, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during January 2022.’
Family Law Week, 3rd February 2022
Source: www.familylawweek.co.uk
Fight against grooming gangs hindered by fear of being branded racist, says official – The Independent
‘The fight against grooming gangs is still being hampered by authorities’ fears that they could be called racist for documenting abusers’ ethnicity, an official has said.’
The Independent, 6th January 2022
Source: www.independent.co.uk
Sir Keir Starmer in the clear over office beer – The Independent
‘Durham police have investigated and said no offence was committed when the Labour leader was filmed having a drink indoors in April 2021.’
The Independent, 7th February 2022
Source: www.independent.co.uk
Woman takes legal action after Met officer who called her ‘hot’ keeps job – The Guardian
‘A woman is taking legal action against the Metropolitan police after a detective who told her she was “amazingly hot” while investigating her attack kept his job.’
The Guardian, 6th February 2022
Source: www.theguardian.com
Levi Bellfield admits to murdering Lin and Megan Russell, say lawyers – The Guardian
‘The serial killer Levi Bellfield has reportedly penned a letter confessing to the murders of mother and daughter Lin and Megan Russell in 1996.’
The Guardian, 6th February 2022
Source: www.theguardian.com
Private parking fines to be capped at £50 – BBC News
‘Private car parks will have to display prices more clearly, introduce a fairer system for appeals and give drivers a grace period for lateness as part of a government crackdown.’
BBC News, 7th February 2022
Source: www.bbc.co.uk
