Ep 134: The Most Significant Cases Of 2020 – Law Pod UK
‘In Episode 134, Emma-Louise Fenelon speaks to Jon Metzer and Michael Spencer about the most significant cases of a most bewildering year.’
Law Pod UK, 11th January 2021
Source: audioboom.com
Author: sally
Supreme Court lowers the bar – Law Society’s Gazette
‘On 11 December, in a long-awaited judgment (and in perhaps unique circumstances), the Supreme Court dismissed Mastercard’s appeal in the “gargantuan” collective action brought by Walter Merricks CBE. In doing so, the court has markedly lowered the bar to be applied at the certification stage for competition collective actions. This judgment will have a significant impact on collective actions – which are still in their relative infancy – for years to come. Merricks’ claim will now return to the Competition Appeal Tribunal (CAT), which will decide again (now with clear guidance from the Supreme Court) whether to certify the claim by granting a collective proceedings order (CPO).’
Law Society's Gazette, 11th January 2021
Source: www.lawgazette.co.uk
The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other
‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’
Each Other, 12th January 2021
Source: eachother.org.uk
David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association
‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’
UK Constitutional Law Association, 11th January 2021
Source: ukconstitutionallaw.org
High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire – Local Government Lawyer
‘A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.’
Local Government Lawyer, 11th January 2021
Source: www.localgovernmentlawyer.co.uk
Errol Graham: Starved man’s family take benefits case to court – BBC News
‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’
BBC News, 12th January 2021
Source: www.bbc.co.uk
Reading attacker Khairi Saadallah given whole-life prison sentence – The Guardian
‘A man who murdered three men in 10 seconds on a summer evening in a Reading park, has been sentenced to die in prison after a judge determined it was a jihadist attack.’
The Guardian, 11th January 2021
Source: www.theguardian.com
UK ministers face legal action over lack of abortion services in Northern Ireland – The Guardian
‘Northern Ireland’s human rights commission (NIHRC) has launched a landmark legal action against the UK government for its failure to commission safe and accessible abortion services more than a year after abortion was made legal in the country, the Guardian can reveal.’
The Guardian, 10th January 2021
Source: www.theguardian.com
Covid fine review welcomed by ‘intimidated’ women – BBC News
‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’
BBC News, 10th January 2021
Source: www.bbc.co.uk
The Domestic Abuse Bill and family courts – Transparency Project
‘As was noted in the “Harm report” published in June last year and the Family Justice Council forum that was held on 14 December, there is mounting concern about the way family courts deal with allegations of domestic abuse that arise in some contact disputes.’
Transparency Project, 10th January 2021
Source: www.transparencyproject.org.uk
Ping Pong and fire safety – Nearly Legal
‘Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the Grenfell Tower disaster, it has become clear that there are hundreds of thousands (if not millions) of dwellings across England and Wales which have fire safety problems, either as a result of how they were originally constructed or because of conversion/adaptation works. Those problems are not limited to ACM cladding (which was the kind of cladding on Grenfell Tower) but also includes lots of other types cladding (including something called HPL cladding, in essence, wood-effect), and the absence of fire breaks (designed to stop fire spreading from one flat to another), defective or absent fire doors.’
Nearly Legal, 10th January 2021
Source: nearlylegal.co.uk
McFarlane tells family judges to curb out-of-hours hearings – Legal Futures
‘The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.’
Legal Futures, 8th January 2021
Source: www.legalfutures.co.uk
Non-fatal strangulation set to become criminal offence in England and Wales – The Guardian
‘The government is set to make non-fatal strangulation a specific criminal offence, with perpetrators facing up to seven years in prison after a sustained campaign from victims and activists.’
The Guardian, 10th January 2021
Source: www.theguardian.com
Tribunal finds law firm unfairly dismissed paralegal – Legal Futures
‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’
Legal Futures, 11th January 2021
Source: www.legalfutures.co.uk
6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other
‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’
Each Other, 8th January 2021
Source: eachother.org.uk
Covid leading to four-year waits for England and Wales court trials – The Guardian
‘Defendants, victims including teenagers, and witnesses are having to wait up to four years from the time of an alleged offence to the case reaching crown court trial because of delays caused mainly by Covid.’
The Guardian, 10th January 2021
Source: www.theguardian.com
Visiting care home residents – the rules – Doughty Street Chambers
‘This blog summarises the new care home visiting rules across the UK’s four nations of England, Scotland, Wales and Northern Ireland.’
Doughty Street Chambers, 5th January 2021
Source: insights.doughtystreet.co.uk
Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH
‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’
5SAH, 5th January 2021
Source: www.5sah.co.uk
Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers
‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’
Exchange Chambers, 4th January 2021
Source: www.exchangechambers.co.uk
Age assessments 2020: a year in review – Doughty Street
‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’
Doughty Street, 7th January 2021
Source: insights.doughtystreet.co.uk
