‘Almost a third of prosecutions under coronavirus laws have been brought incorrectly, leading to hundreds of cases being dropped, analysis has revealed. A review by the Crown Prosecution Service (CPS) found that 359 of 1,252 charges last year under laws brought in to aid public health measures were later withdrawn or quashed in court.’
The Independent, 7th February 2021
Source: www.independent.co.uk
‘Bromley County Court has released a tenant of social landlord Peabody Trust who served six days in prison for breaching a civil injunction imposed after breaches of Covid regulations on gatherings.’
Local Government Lawyer, 3rd February 2021
Source: www.localgovernmentlawyer.co.uk
‘Police have issued fines to coronavirus rule breakers including those who held a party in a garden shed and a group of more than 40 people who gathered for illegal car racing.’
The Guardian, 18th January 2021
Source: www.theguardian.com
‘A judgment made in open court takes effect when it is made and not when it is subsequently sealed. The lapse of time between the making of an order in open court and sealing it may be taken by the unsuccessful party as an opportunity to rehearse legal arguments or to produce new evidence to persuade the court to revisit and amend its order before it is sealed.’
Law Society's Gazette, 18th January 2021
Source: www.lawgazette.co.uk
‘Irresponsible firms are exploiting looser lockdown regulations to bring thousands of non-essential workers into sometimes busy workplaces, with little chance of enforcement action by the nation’s safety watchdog.’
The Guardian, 16th January 2021
Source: www.theguardian.com
‘Henry Clayton, barrister of 4PB, considers the circumstances in which documents which purport to be privileged are, in fact, admissible.’
Family Law Week, 14th January 2021
Source: www.familylawweek.co.uk
‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’
BBC News, 12th January 2021
Source: www.bbc.co.uk
‘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
‘Buckinghamshire Council last month secured compliance with a High Court injunction to restore land to open countryside.’
Local Government Lawyer, January 2021
Source: www.localgovernmentlawyer.co.uk
‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’
Practical Law: Construction Blog, 15th December 2020
‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’
Practical Law: Construction Blog, 9th December 2020
‘The High Court has struck out claims brought by more than 200,000 Brazilian claimants in the English courts against British and Australian holding companies in relation to the collapse of the Fundao Dam in Brazil in 2015. In Municipo de Mariana v BHP Group PLC ([2020] EWHC 2930 (TCC)) Turner J found the claims to be an abuse of process and also considered that, in the alternative, the proceedings should be stayed under the Recast Brussels Regulation and on the basis of forum non conveniens. While Turner J emphasised that the factual background of this case was central to his conclusions, his judgment contains a detailed analysis of the relevant caselaw and his consideration of the facts surrounding the claim will no doubt be of interest to parties involved in similar cross-jurisdictional and group actions. Charles Gibson QC led the Counsel team for the Defendants.’
Henderson Chambers, 19th November 2020
Source: www.hendersonchambers.co.uk
‘Jay Patel, Partner and Polly Atkins, Associate, both of Hunters, highlight the circumstances in which action may need to be taken before the end of the year to protect a client’s interests.
Family Law Week, 19th November 2020
Source: www.familylawweek.co.uk
‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’
5SAH, 13th November 2020
Source: www.5sah.co.uk
‘Oscar Davies gives an update on where we are currently with residential evictions, the general ban and its exceptions.’
Lamb Chambers, November 2020
Source: www.lambchambers.co.uk
‘Police forces can resume handing out £10,000 fines for breaches of coronavirus regulations, the National Police Chiefs’ Council (NPCC) has said following discussions with the government.’
The Guardian, 17th November 2020
Source: www.theguardian.com
‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’
Local Government Lawyer, 17th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The Ministry of Justice has been hit with a judicial review challenge over the ongoing refusal to enforce warrants and writs by bailiffs and High Court Enforcement Officers (HCEOs).’
Local Government Lawyer, 16th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’
The Guardian, 27th October 2020
Source: www.theguardian.com
‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’
Practical Law: Construction Blog, 1st October 2020
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