Recent Statutory Instruments – legislation.gov.uk

Posted May 6th, 2021 in legislation by tracey

The Education (School Day and School Year) (England) (Coronavirus) (Amendment) Regulations 2021

The British Museum (Authorised Repositories) Order 2021

The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) (No. 2) Order 2021

The Church of England (Miscellaneous Provisions) Measure 2020 (Commencement No. 2) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 6th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Manek & Ors v IIFL Wealth (UK) Ltd & Ors (2) [2021] EWCA Civ 625 (04 May 2021)

High Court (Administrative Court)

The 3million Ltd, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1159 (Admin) (05 May 2021)

Salmon v Leeds Crown Court [2021] EWHC 1076 (Admin) (04 May 2021)

Hertfordshire County Council & Ors v Secretary of State for Housing, Communities And Local Government [2021] EWHC 1145 (Admin) (04 May 2021)

High Court (Chancery Division)

MDW Holdings Ltd v Norvill & Ors [2021] EWHC 1135 (Ch) (04 May 2021)

Clitheroe, Re Probate [2021] EWHC 1102 (Ch) (04 May 2021)

Anan Kasei Co., Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors [2021] EWHC 1035 (Ch) (04 May 2021)

Oyston & Anor v Rubin & Anor [2021] EWHC 1120 (Ch) (04 May 2021)

One Blackfriars Ltd, Re [2021] EWHC 1150 (Ch) (30 April 2021)

Hyde & Anor (Liquidators of One Blackfriars Ltd) v Nygate & Anor [2021] EWHC 1151 (Ch) (30 April 2021)

High Court (Commercial Court)

Alpha Marine Corp v Minmetals Logistics Zhejiang Co Ltd (MV Smart) [2021] EWHC 1157 (Comm) (05 May 2021)

Harbour Fund III, LP v Kazakhstan Kagazy Plc & Ors [2021] EWHC 1128 (Comm) (05 May 2021)

Wilmington Trust SP Services (Dublin) Ltd & Ors v Spicejet Ltd [2021] EWHC 1117 (Comm) (30 April 2021)

PJSC National Bank Trust & Ors v Mints & Ors [2021] EWHC 1089 (Comm) (30 April 2021)

Alta Trading UK Ltd (Formerly Arcadia Petroleum Ltd) & Ors v Bosworth & Ors [2021] EWHC 1126 (Comm) (30 April 2021)

High Court (Family Division)

AX v BX & Ors (Revocation of Adoption Order) [2021] EWHC 1121 (Fam) (23 April 2021)

High Court (Queen’s Bench Division)

Al Sadeq v Dechert LLP & Ors [2021] EWHC 1149 (QB) (05 May 2021)

Cheshire East Borough Council v Maloney [2021] EWHC 1156 (QB) (04 May 2021)

Source: www.bailii.org

Mikołaj Barczentewicz: Should Cart Judicial Reviews be Abolished? Empirically Based Response – UK Constitutional Law Association

‘The Government adopted a recommendation of the Independent Review of Administrative Law that Cart judicial reviews should be abolished. The reasons given by the Review for that recommendation have been criticised on this blog by Joe Tomlinson & Alison Pickup and by Joanna Bell. The Review (and the Government) claimed that there is only a 0.22% rate of success in Cart judicial reviews (“Cart JRs”), which makes the expenditure of judicial resources on dealing with Cart claims disproportionate. Tomlinson & Pickup and Bell noted that this figure is almost certainly incorrect, but they were not able to say what the true rate of success is due to the unavailability of necessary data. To address that, I conducted an unprecedented empirical study concluding that the success rate of Cart reviews is at least over ten times higher than the Review’s calculation. Here, I briefly summarize the results of my study and argue that in the light of that evidence the Government should propose to put the Cart procedure on a statutory footing, but not abolish it.’

Full Story

UK Constitutional Law Association, 5th May 2021

Source: ukconstitutionallaw.org

Retaining shares following litigation did not trigger DBA payment – Litigation Futures

Posted May 5th, 2021 in damages, fees, law firms, news, shareholders, solicitors by sally

‘A client who retained shares as part of a settlement but did not recover anything from the other party was not liable to pay his solicitors anything under a damages-based agreement (DBA), the High Court has ruled.’

Full Story

Litigation Futures, 4th May 2021

Source: www.litigationfutures.com

Windrush scandal: Concern over wait for compensation – BBC News

‘Campaigners say they are concerned about the low number of compensation payments to victims of the Windrush scandal.’

Full Story

BBC News, 4th May 2021

Source: www.bbc.co.uk

Immigration and civil litigation hit hardest by Covid-19 – Legal Futures

‘Immigration and civil litigation were the two areas of legal practice hit hardest by the pandemic last year, with private client and family law “insulated” from the impact, new research has found.’

Full Story

Legal Futures, 5th May 2021

Source: www.legalfutures.co.uk

Pret A Manger cleared of allergy offence after student’s collapse – BBC News

Posted May 5th, 2021 in allergies, food, health & safety, labelling, news by sally

‘Pret A Manger has been found not guilty of a food safety offence after a student suffered a severe allergic reaction.’

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BBC News, 4th May 2021

Source: www.bbc.co.uk

More trafficking victims facing forcible removal from UK under rule change – The Guardian

‘More victims of trafficking will be locked up in detention and forcibly removed from the UK after MPs approved a change in Home Office rules relating to this vulnerable group, campaigners have warned.’

Full Story

The Guardian, 5th May 2021

Source: www.theguardian.com

Ep 143: Henry VIII Powers undermining parliamentary supremacy – Law Pod UK

‘In this episode, Rosalind English discusses with Sarabjit Singh and Isabel McArdle of 1 Crown Office Row a number of laws containing “Henry VIII” powers which allow ministers to avoid full parliamentary debate.’

Full Story

Law Pod UK, 4th May 2021

Source: audioboom.com

Entrepreneur with “strong views on breastfeeding” unfairly dismissed lawyer – Legal Futures

‘A Russian entrepreneur based in the UK with “strong views on the importance of breastfeeding” unfairly dismissed a lawyer after she took maternity leave, an employment tribunal has ruled.’

Full Story

Legal Futures, 5th May 2021

Source: www.legalfutures.co.uk

Child marriage ‘thriving in UK’ due to legal loophole, warn rights groups – The Guardian

Posted May 5th, 2021 in children, forced marriages, marriage, news, young persons by sally

‘A legal loophole that allows 16- and 17-year-olds in England and Wales to marry with parental consent is being exploited and used to coerce young people into child marriage, campaigners have warned.’

Full Story

The Guardian, 4th May 2021

Source: www.theguardian.com

Killer jailed after concealing victim’s body in suitcases – BBC News

Posted May 5th, 2021 in imprisonment, murder, news, sentencing by sally

‘A woman who murdered and concealed the remains of her former friend in two suitcases has been jailed.’

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BBC News,4th May 2021

Source: www.bbc.co.uk

Police watchdog threatened with legal action over inquiry into man’s death – The Guardian

‘The police watchdog has been threatened with legal action for refusing to investigate whether the conduct of officers who restrained a man for a significant period of time committed a criminal offence or that their behaviour amounts to misconduct.’

Full Story

The Guardian, 4th May 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 4th, 2021 in legislation by tracey

The Street Works (Charges for Occupation of the Highway) (Transport for London) Order 2021

The Driving Licences (Exchangeable Licences) Order 2021

Source: www.legislation.gov.uk

New Acts – legislation.gov.uk

2021 c. 24 – Fire Safety Act 2021

2021 c. 21 – Animal Welfare (Sentencing) Act 2021

2021 c. 20 – Education (Guidance about Costs of School Uniforms) Act 2021

2021 c. 19 – Botulinum Toxin and Cosmetic Fillers (Children) Act 2021

2021 c. 18 – Prisons (Substance Testing) Act 2021

2021 c. 16 – Education and Training (Welfare of Children) Act 2021

2021 c. 15 – British Library Board (Power to Borrow) Act 2021

2021 c. 13 – Non-Domestic Rating (Public Lavatories) Act 2021

2021 c. 12 – Air Traffic Management and Unmanned Aircraft Act 2021

2021 c. 10 – Trade Act 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 4th, 2021 in law reports by tracey

Supreme Court

Zabolotnyi v The Mateszalka District Court, Hungary [2021] UKSC 14 (30 April 2021)

Court of Appeal (Civil Division)

Stokoe Partnership Solicitors v Grayson & Ors [2021] EWCA Civ 626 (30 April 2021)

F & G, Re (Discharge of Special Guardianship Order) [2021] EWCA Civ 622 (30 April 2021)

Sastry & Anor v General Medical Council [2021] EWCA Civ 623 (30 April 2021)

Khan v Revenue & Customs (Rev 1) [2021] EWCA Civ 624 (30 April 2021)

S (A Child) [2021] EWCA Civ 605 (30 April 2021)

All Answers Ltd v W & Anor [2021] EWCA Civ 606 (30 April 2021)

High Court (Administrative Court)

Corbett, R (On the Application Of) v The Cornwall Council [2021] EWHC 1114 (Admin) (30 April 2021)

YZ, R (on the application of) v Chief Constable of South Wales Police [2021] EWHC 1060 (Admin) (30 April 2021)

Chief Constable of Avon and Somerset Police, R (on the application of) v Police Misconduct Tribunal & Ors [2021] EWHC 1125 (Admin) (30 April 2021)

High Court (Chancery Division)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2021] EWHC 1122 (Ch) (30 April 2021)

Philip Warren & Son Ltd v Lidl Great Britain Ltd & Ors [2021] EWHC 1097 (Ch) (30 April 2021)

Eade v Hogg & Ors [2021] EWHC 1057 (Ch) (30 April 2021)

High Court (Patents Court)

Koninklijke Philips N.V. v Xiaomi Inc [2021] EWHC 1124 (Pat) (26 April 2021)

Sandoz Ltd v Bristol-Meyers Squibb Holdings Ireland Unlimited Company & Ors [2021] EWHC 1123 (Pat) (23 April 2021)

High Court (Queen’s Bench Division)

AO v The Home Office [2021] EWHC 1043 (QB) (30 April 2021)

Credit Capital Corporation Ltd v Watson & Anor [2021] EWHC 1136 (QB) (30 April 2021)

High Court (Technology and Construction Court)

Prater Ltd v John Sisk & Son (Holdings) Ltd [2021] EWHC 1113 (TCC) (30 April 2021)

Delta Fabrication & Glazing Ltd v Watkin Jones & Son Ltd [2021] EWHC 1034 (TCC) (30 April 2021)

Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC) (30 April 2021)

Source: www.bailii.org

Swastikas, employment and “religious” symbols: Horvarth – UK Law & Religion

‘Istvan Horvarth started working at the Lidl store in Telford Hadley, Shropshire, in 2013. A colleague complained that Horvarth showed him his “swastika” tattoo and in April 2019 Horvarth was sacked. In Mr I Horvarth v Lidl Great Britain Ltd [2021] ET/ 1307164/2019, he claimed unfair dismissal and discrimination based on race and/or religion or belief. He also claimed that he had been subjected to a number of incidents of harassment related to his race from approximately 2016 onwards, immediately following the Brexit referendum [3]. Following two case management hearings before Employment Judge Flood, he withdrew his claims of discrimination based on religion and/or belief and they were dismissed in a judgment dated 22 May 2020 [2].’

Full Story

UK Law & Religion, 30th April 2021

Source: lawandreligionuk.com

Cauda Equina: Tells & Tales About the “Horse’s Tail” – Ropewalk Clinical Negligence Blog

Posted May 4th, 2021 in causation, doctors, hospitals, medical treatment, negligence, news by tracey

‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’

Full Story

Ropewalk Clinical Negligence Blog, 29th April 2021

Source: www.ropewalk.co.uk

Rodney Brazier: Mr Johnson and His Flat – UK Constitutional Law Association

Posted May 4th, 2021 in ministers' powers and duties, news, parliament, political parties by tracey

‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’

Full Story

UK Constitutional Law Association, 4th May 2021

Source: ukconstitutionallaw.org

Immigration removal and an Article 2 inquest – UK Human Rights Blog

‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’

Full Story

UK Human Rights Blog, 29th April 2021

Source: ukhumanrightsblog.com