‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’
Local Government Lawyer, 13th August 2020
Source: www.localgovernmentlawyer.co.uk
‘In a preliminary issue trial, the court considered the provisions of the Public Contracts Regulations 2015 (PCR 2015) relating to standing to bring a claim. The claimant’s case was that the council had unlawfully amended and extended an existing contract instead of conducting a full public procurement exercise and that, had such an exercise been run, it would have assembled a consortium to bid for the contract and might have won it. In a lengthy judgment, His Honour Judge Russen QC hammered home the fact that a potential challenger has to establish on the balance of probabilities that it has a ‘material interest’ in the procurement in order to bring a claim under PCR 2015. It is not sufficient, in order to meet the requirements of PCR 2015, reg 91, for a claimant to say that it has established only a more than fanciful case that it has, through noncompliance with the regulations, lost a more than fanciful opportunity. Community R4C Ltd v Gloucestershire County Council [2020] EWHC 1803 (TCC).’
Henderson Chambers, 5th August 2020
Source: www.hendersonchambers.co.uk
‘On 8 June 2020 the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (the Amendment Regulations) came into force. The Amendment Regulations established a new fee regime for the remuneration of legal aid providers for appellants whose asylum and immigration appeals are being dealt with under a new Online Procedure which had previously been in pilot phase, but was rolled out widely by the First-tier Tribunal (FtT) in mid-March 2020.’
Garden Court Chambers, 12th August 2020
Source: www.gardencourtchambers.co.uk
‘For over twenty years, section 233 of the Insolvency Act 1986 (“IA 1986”) has restricted the contractual freedom of parties, but only in the context of a narrow range of contracts for the supply of utilities such as gas, water and electricity when a company enters into a specified insolvency process. In 2015, further restrictions to the enforcement of insolvency related contract terms were introduced, though again only with regard to this narrow range of contracts. The new section 233B IA 1986, by contrast, is far broader in scope and puts a significant dent in the ability of parties to enforce and vary contractual terms. This article considers the implications of the new provision, which entered into force on 26 June 2020.’
Forum Chambers, 10th August 2020
Source: www.forumchambers.com
‘The recent appointment of Dr Tony Sewell as head of the Commission on Race and Ethnic Disparities has been cause for concern for racial justice campaigners. In an article in Prospect magazine, Dr Sewell stated that he believed institutional racism has given black children “the discourse of the victim” and he has recently had to apologise for making “wrong and offensive” comments about gay men.’
Doughty Street Chambers, 12th August 2020
Source: insights.doughtystreet.co.uk
‘From single-parent families to “blended” or extended family units, whether they be same-sex parents or opposite-sex parents, the concept of the “nuclear family” has become less prevalent, and less apt, to describe modern families in the 21st century. Today’s modern family structures include those where children are created through assisted reproductive technologies and encompass sperm/ egg/embryo donation, or children born via a surrogate or are adopted. Despite dedicated legislation in the form of HEFA 1990 and 2008, the law is in a permanent state of catch-up with the advances in medical reproductive technologies. Novel legal issues are emerging, which the law has had to respond to, and grapple with.’
Pump Court Chambers, 12th August 2020
Source: www.pumpcourtchambers.com
‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’
Doughty Street Chambers, 12th August 2020
Source: insights.doughtystreet.co.uk
‘Following her summary dismissal for gross misconduct, the Claimant brought various claims against her former employer, including a claim of disability discrimination. A preliminary hearing was listed in July 2017 to determine whether she was disabled at the material time. The Claimant identified her disability as ‘Mixed Personality Disorder’, which she said, made her ‘somewhat obsessive’ and a bit of a ‘perfectionist’. She relied upon a report prepared by a Consultant Psychiatrist, Dr Schuff, which had been prepared at some point in 2010. Dr Schuff declined to diagnose the Claimant as having a multiple personality disorder but described her as suffering with ‘problematic personality traits’. There was no reference to mixed personality disorder within the Claimant’s GP records until after she was dismissed.’
3PB, 3rd August 2020
Source: www.3pb.co.uk
‘The poisoning of the former Russian double agent, Sergei Skripal, and his daughter Yulia in Salisbury in March 2018 was a truly shocking event. It was another throwback to the Cold War with the nerve agent, Novichok, playing the deadly role assumed by radioactive polonium in the 2006 assassination of Alexander Litvinenko in London.’
2 Hare Court, 6th August 2020
Source: www.2harecourt.com
‘Although the Serious Fraud Office (SFO) did not bring to the court’s attention a Supreme Court decision (that held a notice issued under a disclosure order could not be sent to someone outside the jurisdiction) that did not invalidate the disclosure order itself and the non-disclosure was not sufficient to merit the discharge of the disclosure order.’
5SAH, 30th July 2020
Source: www.5sah.co.uk
‘The High Court handed down judgment on Friday in Newman v Southampton City Council & Ors [2020] EWHC 2103 (Fam), the first recorded judgment concerning journalistic access to the court file in public law family proceedings. The case is likely to be of interest to media lawyers generally, and throws up potential complications surrounding the scope and extent of the privacy rights of children vis-à-vis their parents.’
Panopticon, 7th August 2020
Source: panopticonblog.com
‘In this article, Simon Pentol QC examines the flaws in the process that scrutinises the suitability of football club owners and proposes a 10-point plan of revisions.’
25 Bedford Row, 6th August 2020
Source: www.25bedfordrow.com
‘The answer remains, “No”, on the authority of this recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them, in a timely fashion, has caused them undue stress and suffering.’
3PB, 3rd August 2020
Source: www.3pb.co.uk
‘In Tindall v Chief Constable of Thames Valley Police [2020] EWHC 837 (QB) — available on Westlaw but not yet Bailii or the ICLR, the courts have again demonstrated a reluctance to strike-out a police negligence claim. This shows the difficulty of trying to show whether the police have positively created a danger / made it worse or merely refrained from protecting someone. A claim against the police for negligence will usually arise in the first instance but not, subject to exceptions, the second.’
UK Police Law Blog, 4th August 2020
Source: ukpolicelawblog.com
‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’
Tanfield Chambers, 17th July 2020
Source: www.tanfieldchambers.co.uk
‘In a judgment that will be of interest to a number of entities, particularly in the transport and utilities sectors, the Upper Tribunal in IC v Poplar Housing Association [2020] UKUT 182 (AAC) has provided a boost to this analysis, upholding a narrow definition of “public authority” under Regulation 2(2)(c) of the Environmental Information Regulations (“EIR”) that will exclude many organisations from the scope of the regime.’
Monckton Chambers, 24th July 2020
Source: www.monckton.com
‘This short series of bitesize articles will take a deeper look into the enforcement of the Novel Food regime and seek to identify and breakdown the powers made available to those agencies (typically local authorities), who are tasked with securing compliance.’
3PB, 21st July 2020
Source: www.3pb.co.uk
‘In this case the drivers argue Uber is a transportation company for whom they provide services as “workers”. Uber disagrees, arguing it is a technology services provider acting as an agent for drivers in their business relationship with passengers. The question for the Court is whether the drivers are “workers” for the purposes of s.230(3)(b) of the Employment Rights Act 1996, s.54(3)(b) of the National Minimum Wage Act 1998 and reg.2(1) of the Working Time Regulations 1998. If this threshold is passed, a further issue is when the drivers are workers. Possible options include: (1) from the collection of the passenger until the driver reaches the passenger’s destination, (2) from the moment a booking is accepted until the passenger is dropped off, (3) any time when the driver is in the relevant territory with the Uber app switched on. This case is important as it provides an opportunity for the Supreme Court to provide guidance on the interpretation of Autoclenz v Belcher [2011] UKSC 41 and the correct approach to when it is permissible to disregard written contractual terms in an employment context.’
Old Square Chambers, 21st July 2020
Source: www.oldsquare.co.uk
‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’
Spire Barristers, 22nd July 2020
Source: spirebarristers.co.uk
‘In Sutherland v Her Majesty’s Advocate, the Supreme Court ruled unanimously that it was compatible with the accused person’s rights under ECHR article 8 to use evidence obtained by “paedophile hunter” (“PH”) groups in a criminal trial.’
UK Human Rights Blog, 21st July 2020
Source: ukhumanrightsblog.com
© Inner Temple Library 2024