BAILII: Recent Decisions
High Court (Administrative Court)
Source: www.bailii.org
CVAs after the Debenhams decision – Falcon Chambers
‘In May 2019, the requisite majority of the creditors of Debenhams Retail Ltd voted in favour of a company voluntary arrangement (“CVA”) proposed pursuant to s.1 of the Insolvency Act 1986. As has become common, the scheme of arrangement proposed by the CVA only affected the rights of landlords and rating authorities. All other creditors were to be paid in full.’
Falcon Chambers, 31st October 2019
Source: www.falcon-chambers.com
Upper Tribunal roundup (The Very Late Summer 2019 edition) – Nearly Legal
‘There have been a fair few recent (and perhaps no-so-recent) decisions from the Upper Tribunal (Lands Chamber) on leasehold matters, so it’s time for a bit of a round up.’
Nearly Legal, 5th November 2019
Source: nearlylegal.co.uk
Discrimination in ‘one succession’ for secure tenancies – Nearly Legal
‘Simawi v London Borough of Haringey (2019) EWCA Civ 1770. We saw this case in the High Court – our report here – now this is the court of appeal judgment on Mr S’ appeal, seeking a finding that there was discriminatory treatment in the Housing Act 1985 succession rules between a person who became a sole tenant on the death of a former tenant as opposed to a person who became a sole tenant upon judicial assignment of the tenancy in a divorce (pre Localism Act amendments). In short, survivorship on a joint tenancy, or succession of spouse/partner on death of sole tenant counts as a succession, while an assignment of tenancy by court order under section 24 of the Matrimonial Causes Act 1973 on divorce does not. Mr S was the child of a spouse who succeeded by survivorship.’
Nearly Legal, 3rd November 2019
Source: nearlylegal.co.uk
Law on hyperlinking clarified by High Court – OUT-LAW.com
‘The application of copyright law to hyperlinking has been clarified by the High Court in London in a judgment that will be welcomed by rights holders, an intellectual property law expert has said.’
OUT-LAW.com, 6th November 2019
Source: www.pinsentmasons.com
Children Act 1989 and a child’s rights thirty years later – UK Human Rights Blog
‘The Children Act 1989 (CA 1989) received Royal Assent on 23 November 1989 (30 years ago); and it was in force from October 1991. It was a major reform of children law which required everyone – parents, children (when of “understanding”), judges, social workers, health professionals and lawyers – to learn a new set of legal concepts and attitudes. But what about children’s rights? And what has happened to the law’s regard for those rights since 1989?’
UK Human Rights Blog, 6th November 2019
Source: ukhumanrightsblog.com
Purdah – 11 KBW
‘“Purdah” is upon us. It lasts until 12 December 2019, only shortly before the Christmas/New Year break. It is as well to recall a case noted in this Bulletin on 11 May 2017, the decision of Garnham J in relation to the last General Election, on 8 June 2017, announced on 18 April 2017, and local government elections which were to take place on 4 May 2017, R (Client Earth) v SoS for Environment etc (2017) EWHC 1618 (Admin). The main point that the Judge made was that “purdah” is not a rule of law, and that it does not, and did not in that case, override obligations to comply with statutory duties.’
11 KBW, 7th November 2019
Source: www.11kbw.com
Government consults on new police powers to criminalise unauthorised encampments – Home Office
‘The government will launch a consultation on proposals to give police new powers to arrest and seize the property and vehicles of trespassers who set up unauthorised caravan sites.’
Home Office, 3rd November 2019
Source: www.gov.uk/home-office
BBC Radio 4 – Law in Action: ‘Magistracy: a jewel in the crown of justice’ – Courts and Tribunals Judiciary
‘Joshua Rozenberg from BBC Radio 4 spoke with Maidstone Bench Chair Gill Fryzer and John Bache from the Magistrates Association for his Law in Action programme.’
Courts and Tribunals Judiciary, 7th November 2019
Source: www.judiciary.ukwww.judiciary.ukwww.judiciary.uk
Lump sum damages approved after judge finds lack of earnings evidence – Law Society’s Gazette
‘The Court of Appeal has upheld a judge’s decision to award lump sum damages on the basis of a lack of evidence about future earnings.’
Law Society's Gazette, 7th November 2019
Source: www.lawgazette.co.uk
Paedophile hunters responsible for more than half of grooming prosecutions – Daily Telegraph
‘Police chiefs have accused vigilante paedophile hunters of exceeding the law, despite using their evidence to prosecute suspects in more than half of all cases.’
Daily Telegraph, 6th November 2019
Source: www.telegraph.co.uk
Public inquiry launched into abuse at Brook House immigration detention centre – The Independent
‘A public inquiry has been launched into allegations of abuse at the Brook House immigration detention centre.’
The Independent, 6th November 2019
Source: www.independent.co.uk
Bail changes to be reviewed after suspected rapists, murders and paedophiles released without restrictions – The Independent
‘Bail changes made by the Conservative government are being reviewed after the release of thousands of suspected violent criminals, paedophiles and rapists.’
The Independent, 6th November 2019
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Water Abstraction (Transitional Provisions) (Amendment) (England) Regulations 2019
The Agricultural Holdings (Units of Production) (England) (No. 2) Order 2019
The Local Government Pension Scheme (Amendment) Regulations 2019
The Wireless Telegraphy (Mobile Repeater) (Exemption) (Amendment) Regulations 2019
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Irani v Duchon [2019] EWCA Civ 1846 (06 November 2019)
Finney v Welsh Ministers & Ors [2019] EWCA Civ 1868 (05 November 2019)
High Court (Administrative Court)
Chesterfield Poultry Ltd v Sheffield Magistrates Court [2019] EWHC 2953 (Admin) (06 November 2019)
Wyatt v Government of United States of America [2019] EWHC 2978 (Admin) (06 November 2019)
Anand & Anor v Royal Borough of Kensington And Chelsea [2019] EWHC 2964 (Admin) (06 November 2019)
High Court (Queen’s Bench Division)
Abdulrazaq v Hassan [2019] EWHC 2930 (QB) (05 November 2019)
Source: www.bailii.org
Aldred v Cham – 4 New Square
‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’
4 New Square, 29th October 2019
Source: www.4newsquare.com
Media and Defamation Law – The Pupillage Podcast
‘The recent announcement by the Duke and Duchess of Sussex — aka Harry and Meghan — that they are planning to sue Associated Newspapers after the Mail on Sunday published a private letter from Meghan to her father, has put the spotlight on media and defamation law – the topic of this episode of the pupillage podcast. We hear about celebrities and super injunctions, but also learn that nothing is beyond the reach of this fascinating area of law, from anti-semitism, to medical research, to the parish newsletter. If you’re interested in the conflict between free speech and privacy, and in truth and opinion then this episode is for you.’
The Pupillage Podcast, October 2019
Source: soundcloud.com
