Children: Public Law Update (October) – Family Law Week
“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”
Family Law Week, 28th October 2020
Source: www.familylawweek.co.uk
Category: appeals
A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH
‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’
5SAH, 20th October 2020
Source: www.5sah.co.uk
Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square
‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’
4 New Square, 14th October 2020
Source: www.4newsquare.com
The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers
‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’
Hardwicke Chambers, 14th October 2020
Source: hardwicke.co.uk
Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB
‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’
3PB, 2nd October 2020
Source: www.3pb.co.uk
Jeremy Bamber’s prison category status appeal rejected – BBC News
‘Murderer Jeremy Bamber has lost his attempt to bring legal action over his maximum security prisoner status.’
BBC News, 30th October 2020
Source: www.bbc.co.uk
Use of force by police: what is the standard for determining misconduct? – UK Human Rights Blog
‘The Court of Appeal has delivered a judgment in R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 regarding the applicable conduct standard and provisions governing police in cases of use of force.’
UK Human Rights Blog, 28th October 2020
Source: ukhumanrightsblog.com
Court of Appeal identifies lessons on out of hours applications after disabled man sees human rights breached – Local Government Lawyer
‘The Court of Appeal has set out seven lessons for judges and practitioners in cases where urgent applications without notice are made, after concluding that a disabled man had his human rights breached.’
Local Government Lawyer, 29th October 2020
Source: www.localgovernmentlawyer.co.uk
Overturning a coroner’s verdict – 5SAH
‘Why is it so difficult to overturn a coroner’s verdict at inquest level? And are coroners entitled to reach the decisions they do with regards the scope of the inquest?’
5SAH, 20th October 2020
Source: www.5sah.co.uk
Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk
‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’
12 King's Bench Walk, 9th October 2020
Source: www.12kbw.co.uk
A higher test of necessity for arrest? – UK Police Law Blog
‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’
UK Police Law Blog, 27th October 2020
Source: ukpolicelawblog.com
Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers
‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’
Henderson Chambers, 12th October 2020
Source: www.hendersonchambers.co.uk
Supreme Court decision on governing law of arbitration agreement – Littleton Chambers
‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’
Littleton Chambers, 9th October 2020
Source: littletonchambers.com
The Perils of Zoom: the Court allows an appeal against a judge’s refusal to recuse herself after she was inadvertently overheard making negative comments about a party during a Zoom hearing – 1 GC: Family Law
‘The Court of Appeal allowed an appeal against a judge’s refusal to recuse herself after she was overheard making pejorative comments about a party during a break in a Zoom hearing, and brings the perils of a remote hearing into sharp focus. Tahmina Rahman, barrister at 1 GC Family Law, examines the issues.’
1 GC: Family Law, 21st October 2020
Source: 1gc.com
Court of Appeal upholds ruling that council overcharged tenants for water – Local Government Lawyer
‘The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water.’
Local Government Lawyer, 27th October 2020
Source: www.localgovernmentlawyer.co.uk
Traveller families win court battle over living on land they own – BBC News
‘Six Traveller families have won a High Court appeal against a decision which would stop them living on land they own in Newark-on-Trent, Nottinghamshire.’
BBC News, 27th October 2020
Source: www.bbc.co.uk
New Judgment: R (on the application of Pathan) v Secretary of State for the Home Department [2020] UKSC 41 – UKSC Blog
‘The Supreme Court allowed this appeal addressing whether notice to an applicant of revocation of a sponsor’s licence in respect of his or her Tier 2 (General) Migrant application is required as a matter of procedural fairness.’
UKSC Blog, 23rd October 2020
Source: ukscblog.com
Law Society sets out priority areas for reform that would see less need for judicial review challenges – Local Government Lawyer
‘The Law Society has called for four reforms which it says would reduce the need for citizens to resort to judicial review, in its submission to the Independent Review of Administrative Law (IRAL).’
Local Government Lawyer, 26th October 2020
Source: www.localgovernmentlawyer.co.uk
Appealing an arbitration award – Transparency Project
‘The question the court had to decide recently was what was the test to be applied by the court in those cases where the parties had agreed to arbitration, but one party was dissatisfied with the award?’
Transparency Project, 26th October 2020
Source: www.transparencyproject.org.uk
Rent Repayment Orders – the Upper Tribunal is firm – Nearly Legal
‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’
Nearly Legal, 24th October 2020
Source: nearlylegal.co.uk
