BAILII: Recent Decisions
High Court (Administrative Court)
HHRC Ltd v Hackney Borough Council [2021] EWHC 2440 (Admin) (03 September 2021)
High Court (Commercial Court)
Local Boy’z Ltd v Malu NV [2021] EWHC 2439 (Comm) (03 September 2021)
Source: www.bailii.org
Saturday musings: the Charity Commission and “political” campaigning – Law & Religion UK
‘The Runnymede Trust is a charitable think-tank focused on race equality and race relations in the UK. The Charity Commission opened a compliance case in April 2021 after complaints about the Trust’s response to the report by the Commission on Race and Ethnic Disparities (“the CRED report”) and the trustees’ decision to work with the Good Law Project to challenge certain public appointments. The Commission also noted the appearance of a senior executive of Runnymede at an event organised by a political party, alongside several elected representatives and affiliated speakers. The issue, in short, was whether the Trust was engaging in party-political activity, contrary to charity law – and the Commission has concluded that the Trust has not broken the law. So far, not much obviously to do with “religion” – but read on.’
Law & Religion UK, 4th September 2021
Source: lawandreligionuk.com
Late service charge demands and the importance of contemplating forfeiture for recovering legal costs – Nearly Legal
‘This was a second appeal to the Court of Appeal from the Upper Tribunal on two issues arising from long running litigation between the freeholder, West India Quay and the head lessee, East Tower Apartments (ETAL) on the arrangements for and charging for utilities for the residential parts of the building (a 33 storey tower, including a hotel). The initial proceedings brought by ETAL had gone through the FTT and the Upper Tribunal and had resulted in a significant reduction in charges. For our purposes, the relevant part of these decisions where that ‘Switch 2) – the utility provider – had levied “standing charges” (actually costs for reading meters and preparing bills) from 2008 onwards. The freeholder had included these charges in the utility charge to the lessee. The FTT had found that they were not recoverable, as there had never been “a contractually valid demand for them as service charges, and it was not open to the Landlord to “re-allocate” them as general service charge.”’
Nearly Legal, 5th September 2021
Source: nearlylegal.co.uk
Misconduct in public office – ECtHR reviews foreseeability of common law offence – UK Human Rights Blog
‘On 6 July 2021 the European Court of Human Rights (ECtHR) published its judgment in the case of Norman v UK (Application no. 41387/17). The case concerned Mr Robert Norman, an officer at Belmarsh prison, who in 2015 was convicted of misconduct in public office for passing a variety of information to a tabloid journalist in exchange for money. The ECtHR found that, in Mr Norman’s case, the offence itself did not constitute a breach of Article 7 ECHR (no punishment without law): Mr Norman’s conduct was sufficiently serious for it to have been foreseeable that it would constitute a criminal offence. The ECtHR also found that the newspaper’s disclosure of Mr Norman’s activities to the police, and his subsequent prosecution and conviction, did not breach his rights under Article 10 ECtHR (freedom of expression).’
UK Human Rights Blog, 6th September 2021
Source: ukhumanrightsblog.com
Research Briefing: Disabled adaptations in leasehold flats and common parts – House of Commons Library
‘This paper covers how leaseholders in flats can gain consent to home adaptations. It covers the issue of adaptations in the common parts of residential buildings.’
House of Commons Library, 5th September 2021
Source: commonslibrary.parliament.uk
Short Marriages … “A marriage is a marriage”? – Family Law
‘The recent case of E v L has once again brought to the fore short marriages and their treatment within financial remedy cases.’
Family Law, 3rd September 2021
Source: www.familylaw.co.uk
NHS child gender identity clinic whistleblower wins tribunal – BBC News
‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’
BBC News, 5th September 2021
Source: www.bbc.co.uk
British mother sexually abused her children and urinated in their drinks, court hears – The Independent
‘A British mum who sexually abused her children and even urinated in their drinks was caught by the FBI, a court heard.’
The Independent, 6th September 2021
Source: www.independent.co.uk
Frozen eggs and sperm storage limit increased to 55 years – BBC News
‘Storage limits for eggs, sperm and embryos will go up to 55 years under government plans that ministers say will give people greater choice over when to start a family.’
BBC News, 6th September 2021
Source: www.bbc.co.uk
Revocation of adoption orders – Local Government Lawyer
‘The Court of Appeal recently heard an appeal against an order dismissing an application by the birth mother of three children to revoke an adoption order made in respect of those children. Fran Massarella looks at the outcome.’
Local Government Lawyer, 3rd September 2021
Source: www.localgovernmentlawyer.co.uk
Court clarifies law on pharma patent claims – OUT-LAW.com
‘Pharmaceutical manufacturers that claim patent rights over multiple compounds on the basis of a general formula will welcome a new ruling by the Court of Appeal in London, experts in patent litigation have said.’
OUT-LAW.com, 2nd September 2021
Source: www.pinsentmasons.com
Collateral damage (again) – Parkwood and Toppan – Practical Law: Construction Blog
‘Doesn’t time fly. I can’t believe it is almost eight years since Practical Law published my blog on Parkwood Leisure Ltd v Laing O’Rourke Wales and West Ltd. As readers may recall, in that case Akenhead J decided that a collateral warranty (CW) given by Laing in favour of Parkwood was a construction contract for the purposes of the Construction Act 1996, and that accordingly Parkwood could pursue a defects claim under it by way of adjudication. I suggested that the decision was “simply wrong” and could have “highly undesirable ramifications” for the negotiation of CWs going forward. (After an initial flurry, it seems that I may have been wrong on the second count, but let’s draw a veil over that for now.).’
Practical Law: Construction Blog, 2nd September 2021
PI claim to proceed despite tribunal settlement – Law Society’s Gazette
‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’
Law Society's Gazette, 2nd September 2021
Source: www.lawgazette.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Gwynedd Council v Barratt & Anor [2021] EWCA Civ 1322 (02 September 2021)
High Court (Chancery Division)
Serene Construction Ltd v Salata and Associates Ltd & Ors [2021] EWHC 2433 (Ch) (02 September 2021)
High Court (Queen’s Bench Division)
Secretary of State for Education v CCP Graduate School Ltd [2021] EWHC 2432 (QB) (02 September 2021)
Flowers & Ors v Centro Medico Salus Baleares SL & Anor [2021] EWHC 2437 (QB) (31 August 2021)
Source: www.bailii.org
Staying away from work because of Covid: a trap for employers? – Local Government Lawyer
‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’
Local Government Lawyer, 3rd September 2021
Source: www.localgovernmentlawyer.co.uk
Looked after children and secure accommodation after 9 September – Local Government lawyer
‘David Lock QC considers the looming crisis for children in local authority care being deprived of their liberty. What should local authorities do for looked after children in secure accommodation on 9 September?’
Local Government Lawyer, 3rd September 2021
Source: www.localgovernmentlawyer.co.uk
A de-facto problem – Family Law
‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’
Family Law, 31st August 2021
Source: www.familylaw.co.uk
