BAILII: Recent Decisions
Court of Appeal (Civil Division)
Association of Chartered Certified Accountants v Awodola [2021] EWCA Civ 1635 (08 November 2021)
Secretary of State for the Home Department v P3 [2021] EWCA Civ 1642 (08 November 2021)
High Court (Administrative Court)
High Court (Commercial Court)
Viegas & Ors v Cutrale & Ors [2021] EWHC 2956 (Comm) (05 November 2021)
High Court (Queen’s Bench Division)
Clarion Housing Association Ltd v Carter [2021] EWHC 2890 (QB) (08 November 2021)
Malone v Ministry of Defence [2021] EWHC 2958 (QB) (08 November 2021)
HXA v Surrey County Council [2021] EWHC 2974 (QB) (08 November 2021)
Source: www.bailii.org
Master of the Rolls announces end of “overall arrangements for possession proceedings” – Local Government Lawyer
‘The “Overall Arrangements for Possession Proceedings” – published in September 2020 in response to the end of the stay of proceedings in possession cases following the COVID-19 pandemic – came to an end on 1 November 2021, the Master of the Rolls has announced.’
Local Government Lawyer, 8th November 2021
Source: www.localgovernmentlawyer.co.uk
‘Failure to remove’ claims in the High Court – Local Government Lawyer
‘Paul Stagg looks at the lessons from an important High Court ruling on ‘failure to remove’ claims.’
Local Government Lawyer, 8th November 2021
Source: www.localgovernmentlawyer.co.uk
Diversity scheme launched in Liverpool to inspire next generation of lawyers – Crown Prosecution Service
‘Dozens of legal hopefuls from Liverpool and Manchester have started a scheme relaunched today in Liverpool aimed at encouraging people of different walks of life into law. The Anthony Walker Pathways initiative was launched by the Crown Prosecution Service with the Anthony Walker Foundation, National Black Crown Prosecution Association, Liverpool John Moores University and Salford University. It aims to continue the increase diversity in the CPS by inspiring and supporting students of minority backgrounds into a rewarding career as a prosecutor.’
Crown Prosecution Service, 8th November 2021
Source: www.cps.gov.uk
High Court refuses permission for judicial review of CPR changes – Law Society’s Gazette
‘The High Court has refused permission for judicial review of changes to the rules governing applications for permission to appeal. A pharmacist struck off for improperly touching a patient’s breasts argued that changes to CPR 52.5 made in 2016, which generally requires the Court of Appeal to determine applications without an oral hearing, were unfair.’
Law Society's Gazette, 8th November 2021
Source: www.lawgazette.co.uk
Expert evidence ‘expressing opinion’ in JRs inadmissible, High Court rules – Law Society’s Gazette
‘Expert evidence in a judicial review which “goes beyond comment and expresses [an] opinion” about a decision under challenge is inadmissible, the High Court has said in dismissing an application to adduce a witness statement which consists “almost entirely of opinion evidence”.’
Law Society's Gazette, 8th November 2021
Source: www.lawgazette.co.uk
Wrongly convicted post office workers need compensation now, inquiry told – The Guardian
‘The independent inquiry into how hundreds of post office workers were wrongfully accused of theft, fraud and false accounting as a result of computer errors has been urged to demand immediate compensation for those affected.’
The Guardian, 8th November 2021
Source: www.theguardian.com
David Fuller: Independent inquiry announced into mortuary abuse – BBC News
‘An independent inquiry has been launched by the health secretary after a hospital electrician accessed mortuaries and sexually abused bodies.’
BBC News, 8th November 2021
Source: www.bbc.co.uk
Lincolnshire teenager jailed for luring friend, 12, to woods and killing him – The Guardian
‘A teenager has been jailed for a minimum of 16 years for murdering his 12-year-old friend after luring him to woodland and attempting to decapitate him.’
The Guardian, 8th November 2021
Source: www.theguardian.com
Britain First activist convicted of assaulting security guard at hotel housing asylum seekers – The Independent
‘A Britain First activist has been convicted of assaulting a security guard at a hotel housing asylum seekers.’
The Independent, 8th November 2021
Source: www.independent.co.uk
Fire safety advice for low-rise blocks to be withdrawn, Gove says – The Guardian
‘Safety advice that has left thousands of households unable to sell their homes after the Grenfell Tower fire will be withdrawn by Christmas, Michael Gove has announced.’
The Guardian, 8th November 2021
Source: www.theguardian.com
‘Super courtroom’ to open in Loughborough to deal with gang trials – BBC News
‘A “super courtroom” has been built to help deal with gang trials with large numbers of defendants.’
BBC News, 9th November 2021
Source: www.bbc.co.uk
What is ecocide and how does it affect our rights? – Each Other
‘Voices from around the world have called for leaders at COP26 to create international law against ‘ecocide’. Lucy Skoulding explores what ecocide means and how existing legislation could be used to prevent it.’
Each Other, 4th November 2021
Source: eachother.org.uk
Limitation in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog
‘Civil practitioners dealing with personal injury claims are generally familiar with the three-year limitation period imposed by section 11 of the Limitation Act 1980. Put simply, claims for personal injury (whether arising from negligence, nuisance or breach of duty) must be brought within three years of the date on which the cause of action accrued (section 11(4)(a)) or the date of knowledge (if later) of the person injured (section 11(4)(b)). A person’s “date of knowledge” for the purposes of section 11(4)(b) is defined in section 14 of the Limitation Act 1980.’
Ropewalk Clinical Negligence Blog, 2nd November 2021
Source: www.ropewalk.co.uk
HIV patient ‘denied life-saving medication’ in UK detention centre – The Independent
‘A man with HIV who was awaiting deportation to Jamaica is being denied life-saving treatment in an immigration detention centre, The Independent has learned. The 42-year-old man relies on daily medication to manage his condition, and says the dosages for his other ailments, schizophrenia and depression, have been reduced by staff at Colnbrook Immigration Centre.’
The Independent, 6th November 2021
Source: www.independent.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Lock v Stanley & Anor (Re Edengate Homes (Butley Hall) Ltd) [2021] EWHC 2970 (Ch) (05 November 2021)
High Court (Queen’s Bench Division)
Lord Chancellor v Ross & Ors [2021] EWHC 2961 (QB) (05 November 2021)
Source: www.bailii.org
Third time’s a charm: can a single dispute include multiple sub-issues in adjudication? – Practical Law: Construction Blog
‘“Quick and dirty” is not a phrase that we usually associate with dispute resolution. However, as many construction practitioners will know, adjudication provides an exception.
Speed has its benefits but it rarely makes things simple. As our colleague, Ravinder, explained in her blog, adjudication is not always a straightforward process. Many disputes involve multiple, complex issues. This creates fertile ground for challenge, and adjudicators find themselves engaged with jurisdictional arguments more often than not.
One such argument is whether the issues referred to adjudication comprise one or multiple disputes. Our blog focuses on the courts’ approach to this question in the recent case of Quadro Services Ltd v Creagh Concrete Products Ltd.’
Practical Law: Construction Blog, 3rd November 2021
