BAILII: Recent Decisoins

Posted June 30th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Monsolar IQ v Ltd Woden Park Ltd [2021] EWCA Civ 961 (29 June 2021)

Court of Appeal (Criminal Division)

Cobley, R. v [2021] EWCA Crim 954 (29 June 2021)

High Court (Administrative Court)

Western Sahara Campaign UK v Secretary of State for International Trade & Anor [2021] EWHC 1756 (Admin) (28 June 2021)

Sheakh, R (On the Application Of) v London Borough of Lambeth (Rev1) [2021] EWHC 1745 (Admin) (28 June 2021)

High Court (Chancery Division)

ICamera Ltd, Re (Valuation) [2021] EWHC 1762 (Ch) (29 June 2021)

The Official Receiver v Arron (Costs) [2021] EWHC 1775 (Ch) (29 June 2021)

Brown v New Quadrant Trust Corporation Ltd & Anor [2021] EWHC 1731 (Ch) (28 June 2021)

Yildiz v Turk & Anor (Re ETP (UK) Ltd) [2021] EWHC 1747 (Ch) (28 June 2021)

Hurricane Energy PLC, Re [2021] EWHC 1759 (Ch) (28 June 2021)

High Court (Commercial Court)

Eastern Pacific Chartering Inc v Pola Maritime Ltd [2021] EWHC 1707 (Comm) (28 June 2021)

High Court (Family Division)

Q v Q [2021] EWHC 1757 (Fam) (28 June 2021)

High Court (Queen’s Bench Division)

Watkins v Mackle & Anor [2021] EWHC 1723 (QB) (28 June 2021)

XXXX Known As Jean Hatchet v Varma [2021] EWHC 1709 (QB) (28 June 2021)

Cody & Ors v Remus White Ltd & Anor [2021] EWHC 1755 (QB) (28 June 2021)

AL v Collingwood Insurance & Ors [2021] EWHC 1761 (QB) (28 June 2021)

High Court (Technology and Construction Court)

Dana UK Axle Ltd v Freudenberg Fst GmbH [2021] EWHC 1751 (TCC) (28 June 2021)

Source: www.bailii.org

UN calls for end of ‘impunity’ for police violence against black people – The Guardian

Posted June 29th, 2021 in death in custody, news, police, racism, reports, United Nations, violence by sally

‘A UN report that analysed racial justice in the aftermath of the murder of George Floyd has called on member states including the UK to end the “impunity” enjoyed by police officers who violate the human rights of black people.’

Full Story

The Guardian, 28th June 2021

Source: www.theguardian.com

“Busy” costs lawyers see rise in solicitor/own client disputes – Litigation Futures

Posted June 29th, 2021 in coronavirus, costs, law firms, news, solicitors, statistics by sally

‘Half of Costs Lawyers are busier than ever as the legal market continues to recover from the depths of the pandemic, with former clients suing their solicitors a fast-growing area of practice, new research has shown.’

Full Story

Litigation Futures, 28th June 2021

Source: www.litigationfutures.com

Binance: Watchdog clamps down on cryptocurrency exchange – BBC News

Posted June 29th, 2021 in cryptocurrencies, financial regulation, news by sally

‘Binance, the world’s biggest cryptocurrency exchange, has been issued a warning by the UK’s financial regulator.’

Full Story

BBC News, 28th June 2021

Source: www.bbc.co.uk

Wednesbury man sentenced to six months in jail for fabricating personal injury claim against local authority – Local Government Lawyer

Posted June 29th, 2021 in fraud, news, personal injuries, sentencing by sally

‘Walsall Council has prosecuted a man for dishonestly bringing a claim worth £55,000 in damages and legal costs after making what the judge called an “entirely fictitious” personal injury claim against the local authority.’

Full Story

Local Government Lawyer, 28th June 2021

Source: www.localgovernmentlawyer.co.uk

Dalian Atkinson killing: officer was kept on despite gross misconduct – The Guardian

Posted June 29th, 2021 in disciplinary procedures, homicide, mental health, misfeasance in public office, news, police, weapons by sally

‘The police officer convicted of the manslaughter of Dalian Atkinson had been previously found by a police disciplinary hearing to have committed gross misconduct but was allowed to remain an officer and given a stun gun, it has been revealed.’

Full Story

The Guardian, 28th June 2021

Source: www.theguardian.com

Judge’s surprise at firm’s failure to ensure “basic compliance” with CPR – Legal Futures

Posted June 29th, 2021 in civil procedure rules, expert witnesses, law firms, news by sally

‘A High Court judge has expressed her surprise at a London law firm’s failure to ensure “basic levels of compliance” with the Civil Procedure Rules by a client and its experts.’

Full Story

Legal Futures, 29th June 2021

Source: www.legalfutures.co.uk

Colin Pitchfork: Review of decision to release child killer – BBC News

Posted June 29th, 2021 in murder, news, parole, rape, sentencing by sally

‘The decision to release double child killer Colin Pitchfork will be reviewed, it has been confirmed.’

Full Story

BBC News, 28th June 2021

Source: www.bbc.co.uk

‘It just doesn’t stop!’ Do we need a new law to ban out-of-hours emails? – The Guardian

Posted June 29th, 2021 in coronavirus, electronic mail, employment, news, working time by sally

‘During the pandemic many workers have felt more under siege than ever from work emails that arrive at all hours. Could the legal right to disconnect help?’

Full Story

The Guardian, 29th June 2021

Source: www.theguardian.com

Supreme Court to hear UK challenge to two Holyrood bills – BBC News

Posted June 28th, 2021 in bills, children, devolution issues, government departments, local government, news, Scotland, Supreme Court, treaties by sally

‘The Scottish and UK governments are to face off at the Supreme Court over whether two bills passed by MSPs are within Holyrood’s powers.’

Full Story

BBC News, 28th June 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 28th, 2021 in legislation by sally

The Ecodesign for Energy-Related Products and Energy Information Regulations 2021

The Carbon Budget Order 2021

The Climate Change Act 2008 (Credit Limit) Order 2021

Source: www.legislation.gov.uk

EPCs and pre 1 October 2015 tenancies – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, news, notification, repossession by sally

‘Minister v Hathaway & Anor (2021) EWCA Civ 936. A Court of Appeal judgment on the applicability of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 to tenancies that pre-date 1 October 2015.’

Full Story

Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

A reasonable excuse defence to an RRO – ‘they told me they’d tell me’ – Nearly Legal

Posted June 28th, 2021 in appeals, housing, landlord & tenant, licensing, local government, news, rent by sally

‘D’Costa v D’Andrea & Ors (HOUSING – RENT REPAYMENT ORDERS – the defence of reasonable excuse) (2021) UKUT 144 (LC).’

Full Story

Nearly Legal, 27th June 2021

Source: nearlylegal.co.uk

When volunteers and interns may acquire employment rights – OUT-LAW.com

Posted June 28th, 2021 in contract of employment, employment, equality, news, remuneration, volunteers by sally

‘There is no legal definition of a “volunteer” or “intern” and no specific legislation covering employer-volunteer relationships. The extent of the rights that volunteers or interns may acquire is dependent on their legal status, meaning whether they are an “employee” or a “worker” or a genuine volunteer.’

Full Story

OUT-LAW.com, 25th June 2021

Source: www.pinsentmasons.com

Solicitors apologise after remote hearing recorded without permission – Law Society’s Gazette

Posted June 28th, 2021 in law firms, news, remote hearings, solicitors, Solicitors Regulation Authority, video recordings by sally

‘A firm of solicitors has apologised to the court and reported itself to the regulator after a recording was taken of a remote hearing without permission.’

Full Story

Law Society's Gazette, 28th June 2021

Source: www.lawgazette.co.uk

Meadows v Khan in the Supreme Court: Scope of Duty in Clinical Negligence Claims – Ropewalk Clinical Negligence Blog

Posted June 28th, 2021 in appeals, autism, birth, causation, chambers articles, damages, doctors, duty of care, negligence, news, Supreme Court by sally

‘In Meadows v Khan [2021] UKSC 21, the Supreme Court unanimously dismissed Ms Meadows’ appeal, finding that there was no principled basis for excluding a clinical negligence claim from the ambit of the ‘scope of duty principle’ in the tort of negligence. The judgment can be read here. This short blog looks at the majority’s reasoning.’

Full Story

Ropewalk Clinical Negligence Blog, 24th June 20201

Source: www.ropewalk.co.uk

Secret Justice – The Insiders’ View – UK Human Rights Blog

Posted June 28th, 2021 in barristers, closed material, delay, government departments, human rights, news by sally

‘A collective submission made by special advocates (security-cleared barristers who appear in secret proceedings) has been cleared for publication. This document is a response to the review being performed by Sir Duncan Ouseley, looking into the operation of closed material procedures (CMPs) under the Justice and Security Act 2013. It gives an unprecedented insight into the workings and challenges of these procedures, which enable the State to rely on secret material not shown to the other side in court proceedings.’

Full Story

UK Human Rights Blog, 27th June 2021

Source: ukhumanrightsblog.com

Susskind: “Harder than expected” to reduce legal work to lawyer-free process – Legal Futures

Posted June 28th, 2021 in law firms, legal profession, legal services, news, solicitors by sally

‘The extent to which legal work can be reduced purely to administration and process has been overstated and in fact “lawyers are needed for all legal jobs”, Professor Richard Susskind has acknowledged.’

Full Story

Legal Futures, 28th June 2021

Source: www.legalfutures.co.uk

Operation Fort: Three gang members convicted of human trafficking – Crown Prosecution Service

Posted June 28th, 2021 in Crown Prosecution Service, forced labour, gangs, news, Poland, trafficking in human beings, victims by sally

‘Three pivotal members of the largest human trafficking ring ever exposed in the UK have been convicted of people trafficking offences that involved vulnerable victims being intimidated and exploited, having their wages funnelled in to bank accounts controlled by members of the gang and being paid only paltry sums in return for their labours.’

Full Story

Crown Prosecution Service, 25th June 2021

Source: www.cps.gov.uk

Attorney General launches new campaign to combat contempt of court online – Attorney General’s Office

Posted June 28th, 2021 in attorney general, contempt of court, internet, press releases by sally

‘A new campaign has been launched today by the Attorney General, warning of the legal consequences of prejudicing the judicial process via social media.’

Full press release

Attorney General’s Office, 28th June 2021

Source: www.gov.uk/ago