Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Appeal judges consider legal row over Silverdale ‘stink’ landfill site – The Independent
‘Appeal judges are considering a legal fight centred on a landfill site which locals say gives off noxious gases and stinks.’
The Independent, 14th December 2021
Source: www.independent.co.uk
High Court makes “first” compulsory ADR order in commercial case – Legal Futures
‘A High Court master has made the first ever order for compulsory alternative dispute resolution (ADR) in commercial litigation, according to a City litigator.’
Legal Futures, 15th December 2021
Source: www.legalfutures.co.uk
Practice Direction issued by the Senior President of Tribunals: Employment Appeal Tribunal – Courts & Tribunals Judiciary
‘This Practice Direction sets out the arrangements for the neutral citation of judgments of the Employment Appeal Tribunal (EAT) from 1 January 2022. It follows the practice of other jurisdictions including that of the Upper Tribunal.’
Courts & Tribunals Judiciary, 14th December 2021
Source: www.judiciary.uk
Plan to reform Human Rights Act – Ministry of Justice
‘The Human Rights Act will be revised under plans unveiled by the Justice Secretary Dominic Raab today (14 December).’
Ministry of Justice, 14th December 2021
Source: www.gov.uk
Statutory Instruments – legislation.gov.uk
SI 2021/1430 – The Designation of Rural Primary Schools (England) Order 2021
SI 2021/1422 – The Van Benefit and Car and Van Fuel Benefit (No. 2) Order 2021
SI 2021/1432 – The Free Zone (Customs Site No. 1 Thames) Designation Order 2021
SI 2021/1420 – The Renewable Transport Fuel Obligations (Amendment) Order 2021
SI 2021/1413 – The Eggs (England) Regulations 2021
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Rushbond Plc v The JS Design Partnership LLP [2021] EWCA Civ 1889 (14 December 2021)
E & F (Minors : Blood Transfusion) [2021] EWCA Civ 1888 (14 December 2021)
High Court (Administrative Court)
High Court (Chancery Division)
Mattingley v Bugeja [2021] EWHC 3353 (Ch) (14 December 2021)
Cavadore Ltd & Anor v Jawa & Anor [2021] EWHC 3382 (Ch) (13 December 2021)
High Court (Commercial Court)
F&T Terrix Ltd v CBT Global Ltd [2021] EWHC 3379 (Comm) (14 December 2021)
Ovsyankin v Angophora Holdings Ltd & Ors [2021] EWHC 3376 (Comm) (14 December 2021)
SDI Retail Services Ltd v The Rangers Football Club Ltd [2021] EWHC 3364 (Comm) (13 December 2021)
High Court (Queen’s Bench Division)
Hill v Generali Zrt [2021] EWHC 3381 (QB) (14 December 2021)
Source: www.bailii.org
Violent men who harm women warned that police are increasing action against them – National Police Chiefs’ Council
‘Police in England and Wales will take wide-ranging action to deliver a fundamental shift in priority of violence against women and girls and give victims a consistently high standard of service wherever they are.’
National Police Chiefs' Council, 15th December 2021
Source: news.npcc.police.uk
Motorist jailed for running over cyclist who spat on his car – The Guardian
‘A motorist who deliberately ran over a cyclist after the victim spat on his luxury Land Rover during a road rage row has been jailed for 18 months.’
The Guardian, 14th December 2021
Source: www.theguardian.com
Home Office facing legal action over rights of 2.5 million EU nationals – The Independent
‘The Home Office is facing legal action over its treatment of millions of EU nationals in the UK.’
The Independent, 14th December 2021
Source: www.independent.co.uk
Supreme Court to rule on investigation into ‘hooded men’ case – The Independent
‘The Supreme Court in London will rule later on whether the Police Service of Northern Ireland is sufficiently independent to carry out an investigation into the case of the “hooded men”.’
The Independent, 15th December 2021
Source: www.independent.co.uk
Star Hobson verdict: mother’s girlfriend found guilty of murdering toddler – The Guardian
‘A “cunning and clever” woman has been found guilty of murdering her girlfriend’s toddler daughter after being caught on CCTV “terrorising” the child when she was left to babysit.’
The Guardian, 14th December 2021
Source: www.theguardian.com
National Lottery scratch card fraud: Men jailed over £4m jackpot claim – BBC News
‘Two men who bought a National Lottery scratch card using stolen debit card details and then tried to claim the £4m jackpot they revealed have been jailed.’
BBC News, 14th December 2021
Source: www.bbc.co.uk
Statutory Instruments – legislation.gov.uk
SI 2021/1417 – The Plastic Packaging Tax (Descriptions of Products) Regulations 2021
SI 2021/1402 – The Heavy Commercial Vehicles in Kent (No. 2) (Amendment) (No. 2) Order 2021
SI 2021/1422 – The Van Benefit and Car and Van Fuel Benefit (No. 2) Order 2021
SI 2021/1406 – The Nuclear Safeguards (Fees) Regulations 2021
SI 2021/1405 – The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021
Source: www.legislation.gov.uk
Court of Appeal Revisits “Unduly Harsh” Test – EIN Blog
‘In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq).’
EIN Blog, 13th December 2021
Source: www.ein.org.uk
The appearance of a substantial defence in possession claims, and property guardians and possession – Nearly Legal
‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’
Nearly Legal, 6th December 2021
Source: nearlylegal.co.uk
Leasehold assortment – Nearly Legal
‘Some quick notes on leasehold related cases.’
Nearly Legal, 12th December 2021
Source: nearlylegal.co.uk
Records vs Recollections: HTR v Nottingham University Hospitals NHS Trust – Ropewalk Clinical Negligence Blog
‘What approach should the court take when there is a fundamental dispute of fact between an individual’s recollection given in witness evidence and contemporaneous medical records? This was the issue in the trial of HTR v Nottingham University Hospitals NHS Trust [2021] EWHC 3228 (QB), heard by Cotter J between 5 and 7 October 2021. The case will be of interest to clinical negligence practitioners following the judge’s preference of the Claimant’s mother’s witness evidence about matters that occurred 17 years earlier, despite the existence of a medical note made at the time which appeared to directly contradict that evidence.’
Ropewalk Clinical Negligence Blog, 7th December 2021
Source: www.ropewalk.co.uk
Fiona de Londras, Daniella Lock and Pablo Grez Hidalgo: COVID passes and the ongoing abuse of ‘urgent’ law-making – UK Constitutional Law Association
‘Later today the House of Commons will consider the Health Protection (Coronavirus, Restrictions) (Entry to Venues and events) (England) Regulations 2021, which introduce a system mandating the use of COVID passes (or, in formal parlance, “COVID status certifications”). These Regulations are being made using the emergency provisions contained in s. 45R of the Public Health (Control of Disease) Act 1984.’
UK Constitutional Law Association, 14th December 2021
Source: ukconstitutionallaw.org
