Losing in CAT “not enough” for costs order against regulator – Litigation Futures

Posted May 27th, 2020 in competition, costs, medicines, news, tribunals by sally

‘The starting point in the Competition Appeal Tribunal (CAT) is that no order for costs should be made against an unsuccessful regulator acting purely in its regulatory capacity, the Court of Appeal has ruled.’

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Litigation Futures, 26th May 2020

Source: www.litigationfutures.com

The Court of Appeal provides confirmation on the implications of the use of the Government’s coronavirus job retention scheme by companies in administration: Re Debenhams Retail Limited [2020] EWCA Civ 600 – Radcliffe Chambers

‘In a judgment handed down on 6th May 2020 in Re Debenhams Retail Ltd (in administration) [2020] EWCA Civ 600, the Court of Appeal provided confirmation on the implications for office holders and insolvent estates of using the Government’s Coronavirus Job Retention Scheme in administrations, following the previous first instance decisions on the issue in Re Carluccio’s Ltd [2020] EWHC 886 (Ch) and Re Debenhams Retail Ltd [2020] EWHC 921 (Ch). Matthew Weaver considers the judgment and its implications in this briefing.’

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Radcliffe Chambers, 13th May 2020

Source: radcliffechambers.com

CQC under fire from care home body for failing to report true death toll to ministers – The Guardian

Posted May 27th, 2020 in care homes, coronavirus, elderly, news, notification, statistics by sally

‘The Care Quality Commission (CQC) has been accused of failing to alert ministers to the mounting death toll caused by the coronavirus crisis, despite having access to daily information about deaths.’

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The Guardian, 24th May 2020

Source: www.theguardian.com

EP 113: Tracking Coronavirus Symptoms: an erosion of privacy? – Professor Lilian Edwards – Law Pod UK

Posted May 27th, 2020 in bills, coronavirus, internet, news, podcasts, privacy, telecommunications by sally

‘With the new contact tracing app due to be rolled out in the rest of the UK after the Isle of Wight trial in May, Rosalind English discusses privacy concerns with Professor Lilian Edwards of Newcastle University, whose Bill seeks to address some of these concerns.’

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Law Pod UK, 26th May 2020

Source: audioboom.com

Watchdog launches probe into fake and misleading online product reviews – Daily Telegraph

Posted May 27th, 2020 in consumer protection, electronic commerce, internet, news by sally

‘A consumer watchdog has launched a probe into the sale of fake product reviews which it fears could mislead shoppers.’

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Daily Telegraph, 22nd May 2020

Source: www.telegraph.co.uk

BAME people fined more than white population under coronavirus laws – The Guardian

Posted May 27th, 2020 in coronavirus, fines, news, penalties, police, statistics, stop and search by sally

‘Black, Asian and minority ethnic people in England are 54% more likely to be fined under coronavirus rules than white people, it can be revealed.’

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The Guardian, 26th May 2020

Source: www.theguardian.com

Call for review of regulator costs in unsuccessful prosecutions – Legal Futures

‘The Law Commission should review whether regulators such as the Solicitors Regulation Authority (SRA) should be insulated from costs orders in disciplinary actions they lose, a Court of Appeal judge has suggested.’

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Legal Futures, 26th May 2020

Source: www.legalfutures.co.uk

Attorney general faces calls to resign after she defends Dominic Cummings – The Guardian

‘The attorney general, Suella Braverman, is facing calls to resign after she joined the chorus of Downing Street loyalists defending Dominic Cummings’s trip to Durham during lockdown.’

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The Guardian, 25th May 2020

Source: www.theguardian.com

Data watchdog relaxes regulatory function to prioritise guidance on complying with law during coronavirus public health emergency – Local Government Lawyer

‘The Information Commissioner’s Office (ICO) will stand down audit work, issue fewer fines and generally use fewer formal powers against organisations that are struggling to meet data protection standards as a result of the COVID-19 pandemic.’

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Local Government Lawyer, 22nd May 2020

Source: www.localgovernmentlawyer.co.uk

The death of “forensic prestidigitation” in construing commercial contracts? Towergate Financial (Group) Ltd and others v Clark and others – Hardwicke Chambers

Posted May 26th, 2020 in appeals, chambers articles, contracts, indemnities, interpretation, news by sally

‘Judgment in Towergate Financial (Group) Ltd and others v Clark and others was handed down on 24 April 2020 in this interesting case that turned upon the correct construction of a notice clause in a share purchase agreement (SPA).’

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Hardwicke Chambers, 13th May 2020

Source: hardwicke.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 26th, 2020 in legislation by tracey

The Census (England and Wales) Order 2020

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2020

The Social Security Contributions (Disregarded Payments) (Coronavirus) Regulations 2020

The Income Tax (Exemption for Coronavirus Related Home Office Expenses) Regulations 2020

The Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020

The Tax Credits (Coronavirus, Miscellaneous Amendments) Regulations 2020

The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020

Source: www.legislation.gov.uk

Woman who makes involuntary sounds fails in judicial review challenge over noise abatement notice – Local Government Lawyer

‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’

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Local Government Lawyer, 26th May 2020

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted May 26th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

H (A Child Parental Responsibility : Vaccination) [2020] EWCA Civ 664 (22 May 2020)

DSG Retail Ltd v Mastercard Incorporated & Ors [2020] EWCA Civ 671 (22 May 2020)

High Court (Administrative Court)

Hunt v The Director of Public Prosecutions & Anor [2020] EWHC 1292 (Admin) (22 May 2020)

Lidak v The Court In In Sad Okregowy, Poland & Anor [2020] EWHC 1321 (Admin) (22 May 2020)

Lipski v Regional Court In Torin, Poland & Anor [2020] EWHC 1257 (Admin) (22 May 2020)

Jenkins v Director of Public Prosecutions & Anor [2020] EWHC 1307 (Admin) (22 May 2020)

Ogreanu v Italian Judicial Authority [2020] EWHC 1254 (Admin) (22 May 2020)

Clientearth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor [2020] EWHC 1303 (Admin) (22 May 2020)

Swire, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2020] EWHC 1298 (Admin) (22 May 2020)

High Court (Chancery Division)

Allianz Global Corporate & Specialty SE & Ors v Lotus Holdings LLC [2020] EWHC 1323 (Ch) (22 May 2020)

Terry Gregory (Metal Fabrications) Ltd v Wendy Golledge & Ors [2020] EWHC 1245 (Ch) (22 May 2020)

Fowlds (A Bankrupt), Re [2020] EWHC 1200 (Ch) (22 May 2020)

Awendale Resources Incorporated v Pyxis Capital Management Ltd [2020] EWHC 1286 (Ch) (22 May 2020)

Hope Community Church (Wymondham) v Phelan & Ors [2020] EWHC 1240 (Ch) (22 May 2020)

Fortescue Metals Group Ltd & Anor v Argus Media Ltd & Anor [2020] EWHC 1304 (Ch) (22 May 2020)

Gertner & Anor v CFL Finance Ltd [2020] EWHC 1241 (Ch) (22 May 2020)

Ras Al Khaimah Investment Authority v Azima [2020] EWHC 1327 (Ch) (22 May 2020)

Fortescue Metals Group Ltd & Anor v Argus Media Limited & Anor [2020] EWHC 1333 (Ch) (22 May 2020)

High Court (Commercial Court)

Michael Wilson & Partners Ltd v Sinclair & Ors [2020] EWHC 1249 (Comm) (22 May 2020)

The Federal Republic of Nigeria v Royal Dutch Shell Plc & Anor [2020] EWHC 1315 (Comm) (22 May 2020)

High Court (Family Division)

Moutreuil v Andreewitch (Contempt: No.2) [2020] EWHC 1301 (Fam) (22 May 2020)

HX v A Local Authority & Ors (Application to Revoke Adoption Order) [2020] EWHC 1287 (Fam) (22 May 2020)

High Court (Queen’s Bench Division)

Swan v Associated Newspapers Ltd [2020] EWHC 1312 (QB) (22 May 2020)

Brand v No Limits Track Days Ltd [2020] EWHC 1306 (QB) (22 May 2020)

MEF v St George’s Healthcare NHS Trust [2020] EWHC 1300 (QB) (22 May 2020)

Les Ambassadeurs Club Ltd v Albluewi (aka Sheikh Salah Hamdan Albluewi And Mr Salah Hamdan Albelwi) [2020] EWHC 1313 (QB) (22 May 2020)

Bradfield-Kay v Cope [2019] EWHC 3881 (QB) (21 May 2020)

High Court (Technology and Construction Court)

Hart & Anor v Large & Ors [2020] EWHC 1302 (TCC) (22 May 2020)

Hart & Anor v Large & Ors [2020] EWHC 985 (TCC) (22 May 2020)

Source: www.bailii.org

EP 112: Government’s reliance on AI in times of plague – Robert Spano – Law Pod UK

‘Robert Spano, who recently commenced his tenure as President of the European Court of Human Rights in the difficult circumstances of lockdown and remote working, discusses with Rosalind English the challenges we face with government’s reliance on automated decision making. This is a question rendered particularly sharp with the pandemic and the conditions under which the restrictions will be lifted.’

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Law Pod UK, 22nd May 2020

Source: audioboom.com

Can you sack your opponent’s solicitor? You can try… Glencairn IP Holdings Ltd v Product Specialities Inc (t/a ‘Final Touch’) [2020] EWCA Civ 609 – Hailsham Chambers

Posted May 26th, 2020 in chambers articles, confidentiality, disclosure, law firms, news, solicitors by sally

‘It is well established that a litigant may restrain his former solicitors from acting for his opponent where: (i) those former solicitors are in possession of relevant, adverse confidential information and (ii) there is even a slight risk of that information being disclosed (Bolkiah v KPMG).1 But the issue in Glencairn, was whether a litigant could prevent solicitors from acting for his current opponent because that firm had acted for a former opponent in similar litigation which was settled on confidential terms. Did the solicitors’ knowledge of the applicant’s confidential settlement strategy in similar litigation (against a different party) give an unfair advantage which meant the solicitors should be prohibited from acting?’

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Hailsham Chambers, 13th May 2020

Source: www.hailshamchambers.com

Officers ‘wary’ as spit attacks rise in coronavirus pandemic – BBC News

‘Spitting attacks on police may be behind a national rise in assaults on emergency workers during lockdown, officials have said.’

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BBC News, 23rd May 2020

Source: www.bbc.co.uk

Assessing ‘Likelihood of Harm’ under the Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences – Definitive Guideline – Henderson Chambers

‘A summary of relevant factors and considerations drawn from the leading cases of recent years.’

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Henderson Chambers, 11th May 2020

Source: 3yf6pp3bqg8c3rycgf1gbn9w-wpengine.netdna-ssl.com

Public Funds Part 3: Change of conditions to allow access to public funds – Richmond Chambers

Posted May 26th, 2020 in benefits, chambers articles, immigration, news by sally

‘In this third post, following on from Public Funds Part 1: Public Funds and Coronavirus and Public Funds Part 2: Claiming Child Benefit we consider how to apply for a change of conditions to allow access to public funds, for individuals who are in the UK with limited leave to enter or remain subject to a condition of having no recourse to public funds.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Lewes sex abuser Jonathan Smith’s victim feels hope after his jailing – BBC News

‘A woman who was systematically abused as a child by a world-renowned music director has gone from “despair to hope” after seeing him finally jailed.’

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BBC News, 22nd May 2020

Source: www.bbc.co.uk

Cash machines in supermarkets not separate hereditaments for rating purposes: Supreme Court – Local Government Lawyer

Posted May 26th, 2020 in appeals, local government, news, rates, Supreme Court, valuation by sally

‘The Supreme Court has upheld a Court of Appeal ruling that ATM machines are not rateably occupied separately from the host stores.’

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Local Government Lawyer, 21st May 2020

Source: www.localgovernmentlawyer.co.uk