HS2 dishonest over compensation claim, says report – BBC News

Posted May 27th, 2021 in compensation, complaints, compulsory purchase, news, ombudsmen, railways by sally

‘The firm behind HS2 was “dishonest and misleading” in its handling of a compensation claim from a member of the public who had to sell their home to make way for the line, a report claims.’

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BBC News, 27th May 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 27th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Munir v Revenue And Customs [2021] EWCA Civ 799 (26 May 2021)

L (A Child: Step-Parent Adoption) [2021] EWCA Civ 801 (26 May 2021)

The Open Rights Group & Anor, R (On the Application Of) v The Secretary of State for the Home Department & Anor [2021] EWCA Civ 800 (26 May 2021)

Court of Appeal (Criminal Division)

Dixon, R v [2021] EWCA Crim 797 (26 May 2021)

High Court (Chancery Division)

Malik v Mahboob Hussain Junior & Ors [2021] EWHC 1405 (Ch) (26 May 2021)

Docklock Ltd v C Christo & Co Ltd [2021] EWHC 1424 (Ch) (26 May 2021)

Bhattacharya & Anor v Oaksix Holdings Ltd [2021] EWHC 1326 (Ch) (26 May 2021)

High Court (Commercial Court)

Wiggin Osborne Fullerlove (a firm) v Bond [2021] EWHC 1381 (Comm) (26 May 2021)

Kreditanstalt Fur Wiederaufbau v Azov-Don Shipping Company JSC [2021] EWHC 1406 (Comm) (26 May 2021)

YA II PN Ltd v Frontera Resources Corporation [2021] EWHC 1380 (Comm) (26 May 2021)

High Court (Family Division)

K (Children) [2021] EWHC 1409 (Fam) (26 May 2021)

High Court (Patents Court)

Facebook Ireland Ltd v Voxer IP LLC [2021] EWHC 1377 (Pat) (26 May 2021)

High Court (Queen’s Bench Division)

AB v Chethams School of Music [2021] EWHC 1419 (QB) (26 May 2021)

Source: www.bailii.org.

Much Ado About Nothing: Technical Breaches of Directors’ Disclosure Duties in Fairford Water Ski Club v Cohoon & Anor [2021] EWCA Civ 143 – Hardwicke Chambers

‘In Fairford Water Ski Club Ltd v Cohoon & Anor [2021] EWCA Civ 143, the Court of Appeal considered a highly technical breach of the duty imposed on company directors to disclose any interest in a contract or proposed contract entered into by their company. The decision considers several practical issues surrounding the duty to disclose, such as whether disclosure is effective only if given after the terms have been agreed and the board has considered whether these represent fair value; and whether disclosure at a first board meeting is effective for subsequent meetings. The case also highlights differences in the statutory frameworks applicable to the duty under the Companies Act 1985 and 2006.’

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Hardwicke Chambers, 11th May 2021

Source: hardwicke.co.uk

The Times, They Are A-Changin’ [Again] – Carmelite Chambers

‘For those practitioners who thought that a positive decision from the Single Competent Authority as to whether a defendant was a victim of trafficking is admissible, having been settled since early 2020 with the Divisional Court decision in DPP v M [2020] EWHC 344 Admin, well…think again.’

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Carmelite Chambers, 20th May 2021

Source: www.carmelitechambers.co.uk

The COVID Inquiry … About Time? – Carmelite Chambers

Posted May 26th, 2021 in chambers articles, coronavirus, government departments, inquiries, news by sally

‘Facing mounting pressure from a number of critics that his delays in implementing lockdowns [the first being imposed in March 2020] cost thousands of lives, the Prime Minister, Rt Hon Boris Johnson MP, on 12th May 2021 announced plans for a public inquiry into the government’s handling of the Covid pandemic, under the powers of the Inquiries Act 2005. It is due to commence in the Spring of 2022. Its terms of reference will not be announced until closer to its start.’

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Carmelite Chambers, 18th May 2021

Source: www.carmelitechambers.co.uk

Concussion lawsuits could threaten sports’ viability, warns minister – The Guardian

Posted May 26th, 2021 in compensation, damages, health & safety, news, personal injuries, sport by sally

‘The rise in concussion lawsuits threatens the financial viability of some sports, the sports minister has said. Speaking to the digital, culture, media and sport select committee, Nigel Huddleston also suggested some sports would have to adapt their rules to make them safer to avoid more lawsuits in the future.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

English court has ‘broad jurisdiction’ to grant access to documents – OUT-LAW.com

‘A recent decision by the High Court of England and Wales highlights the breadth of its jurisdiction to grant access to documents that have been referred to in a public hearing, according to experts at Pinsent Masons, the law firm behind Out-Law.’

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OUT-LAW.com, 25th May 2021

Source: www.pinsentmasons.com

Maidenhead far-right ‘extremist’ jailed for terrorism offences – BBC News

Posted May 26th, 2021 in imprisonment, news, sentencing, terrorism by sally

‘A “right-wing extremist” has been jailed for possessing manuals on knife fighting and making explosives.’

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BBC News, 25th May 2021

Source: www.bbc.co.uk

‘Time to buy’ bitcoin adverts banned in UK for being irresponsible – The Guardian

Posted May 26th, 2021 in advertising, banking, complaints, cryptocurrencies, news, ombudsmen by sally

‘An ad campaign telling the public that “it’s time to buy” bitcoin has been banned after the advertising watchdog ruled that it was irresponsible and misleading.’

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The Guardian, 26th May 2021

Source: www.theguardian.com

Too soon for a reasonable preference – Nearly Legal

‘This was a judicial review of LB Lewisham’s allocation scheme, and specifically of the operation of the 5 year residence requirement for eligibility to join the housing register and its relation to the ‘reasonable preference’ given to overcrowded households.’

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Nearly Legal, 25th May 2021

Source: nearlylegal.co.uk

Case Preview: Harcus Sinclair LLP v Your Lawyers Ltd – UKSC Blog

‘In this post, Sarah Day, a senior associate with CMS, previews the decision awaited from the UK Supreme Court in the matter of Harcus Sinclair LLP v Your Lawyers Limited. This case centres around a non-compete clause contained within a non-disclosure agreement between two firms of solicitors. It is an important case in the sphere of solicitors’ professional indemnity insurance as it sees the issues of (i) the Court’s inherent jurisdiction over solicitors as officers of the Court, (ii) the interaction of that jurisdiction with the restraint of trade doctrine and (ii) the interpretation and enforcement of solicitors’ undertakings, to be considered at the highest level since 1940.’

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UKSC Blog, 25th May 2021

Source: ukscblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 26th, 2021 in legislation by sally

The Agricultural Holdings (Requests for Landlord’s Consent or Variation of Terms and the Suitability Test) (England) Regulations 2021

The Food (Amendment and Transitional Provisions) (England) Regulations 2021

The Aviation Safety (Amendment) (No. 2) Regulations 2021

The Regulation of Investigatory Powers (Criminal Conduct Authorisations) (Amendment) Order 2021

The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2021

Source: www.legislation.gov.uk

Option for online exams to become permanent, SRA decides – Legal Futures

‘Emergency measures allowing legal practice course (LPC) students to take their exams at home during the pandemic are to become permanent where there is a “clear rationale” to do so, the Solicitors Regulation Authority (SRA) has decided.’

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Legal Futures, 25th May 2021

Source: www.legalfutures.co.uk

Deleted police records were on outdated 1970s IT system – BBC News

‘Urgent reforms are needed after thousands of crime records were wrongly deleted from an outdated IT system developed in the 1970s, a report says.’

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BBC News, 24th May 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 26th, 2021 in law reports by sally

Court of Appeal (Civil Division)

Sciortino v Beaumont [2021] EWCA Civ 786 (25 May 2021)

High Court (Administrative Court)

AM, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1373 (Admin) (25 May 2021)

High Court (Chancery Division)

Vneshprombank LLC v Bedzhamov & Ors [2021] EWHC 1360 (Ch) (25 May 2021)

Boyse (International) Ltd v Natwest Markets Plc & Anor [2021] EWHC 1387 (Ch) (25 May 2021)

Hurricane Energy Plc, Re [2021] EWHC 1418 (Ch) (25 May 2021)

All Scheme Limited, Re [2021] EWHC 1401 (Ch) (24 May 2021)

High Court (Commercial Court)

VTB Bank PJSC v Mejlumyan [2021] EWHC 1386 (Comm) (25 May 2021)

High Court (Family Division)

M v D (Family Law Act 1996 : Meaning of “Associated Person”) [2021] EWHC 1351 (Fam) (21 May 2021)

High Court (Queen’s Bench Division)

Dad v The General Dental Council [2021] EWHC 1376 (QB) (25 May 2021)

Source: www.bailii.org

GCHQ’s mass data interception violated right to privacy, court rules – The Guardian

‘The UK spy agency GCHQ’s methods for bulk interception of online communications violated the right to privacy and the regime for collection of data was unlawful, the grand chamber of the European court of human rights has ruled.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

Court of Appeal allows appeal against order removing new-born baby after mother with learning difficulties not given opportunity to put her point of view – Local Government Lawyer

‘The Court of Appeal has allowed an appeal against an order for the separation of a new-born child from his mother, who has learning difficulties.’

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Local Government Lawyer, 24th May 2021

Source: www.localgovernmentlawyer.co.uk

Article 2 inquest not required where police failures had already been fully investigated – UK Police Law Blog

Posted May 25th, 2021 in complaints, human rights, inquests, news, police, stalking by sally

‘In R (Grice) v HM Senior Coroner of Brighton and Hove [2020] EWHC 3581, the High Court has summarised the scope of the requirements under article 2 of the European Convention of Human Rights (ECHR) for an effective investigation into alleged failures of the police to protect life. The question arose where a coroner had refused to re-open the inquest into the murder of a woman by her former partner after the police had mishandled her complaints of stalking. While the criminal trial by itself had not satisfied the article 2 investigative obligation, it had been met by the combination of the criminal trial and the four subsequent investigations of police conduct.’

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UK Police Law Blog, 24th May 2021

Source: ukpolicelawblog.com

Food brands challenge deforestation rules in UK environment bill – The Guardian

Posted May 25th, 2021 in bills, environmental protection, fines, food, international trade, news, trees by sally

‘Trade associations representing leading food suppliers have questioned the need for new regulations to protect forests overseas, which will come before parliament in the environment bill on Wednesday.’

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The Guardian, 25th May 2021

Source: www.theguardian.com

Amigo Loans shares dive as high court rejects compensation cap – The Guardian

Posted May 25th, 2021 in compensation, financial regulation, loans, news, ombudsmen by sally

‘Shares in the UK sub-prime lender Amigo have plummeted on fears that the firm could collapse, after the high court refused to approve a controversial proposal to cap customer compensation claims.’

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The Guardian, 25th May 2021

Source: www.theguardian.com