Police forces ‘don’t know how stalking law works’ – BBC News
‘New powers to protect stalking victims are not being used by some UK police forces, a BBC investigation has found.’
BBC News, 15th June 2021
Source: www.bbc.co.uk
A Guide to Immigration Subject Access Requests – Richmond Chambers
‘Subject Access Requests (SARs) are an essential tool for individuals and their lawyers, especially when it comes to immigration and nationality law. This post looks at what they are, why they are important, and how to make an Immigration Subject Access Request.’
Richmond Chambers, 9th June 2021
Source: immigrationbarrister.co.uk
Family Affairs Financial Remedies Update June 2021 – St John’s Chambers
‘Not for the first time, the reported cases are dominated by parties with limited connection with England and Wales, or indeed with the quotidian financial experience of most of those involved in litigation before our courts. There is a handful of cases which address the impact of the pandemic but, as Judge Kloss observed in one, the fact that there has not been a ‘tsunami’ of Barder applications suggests that the exceptionality condition for such applications is being recognised.’
St John's Chambers, 8th June 2021
Source: www.stjohnschambers.co.uk
Individuals and the court process: Proposed changes to CPR 45 in light of recent amendments to the overriding objective – St Philips Barristers
‘Benjamin Clayton discusses proposed amendments to CPR 45, in the context of the recent update pertaining to vulnerable witnesses. Such changes not only take greater account of individual differences, but also put to bed long standing arguments between claimants and defendants.’
St Philips Barristers, 4th June 2021
Source: st-philips.com
Court of Protection Newsletter – Spire Barristers
‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 9th June 2021
Source: spirebarristers.co.uk
Britvic PLC v Britvic Pensions: Court of Appeal Decision Overturns High Court on Interpretation and “Corrective Construction” – Wilberforce Chambers
‘The Court of Appeal has just handed down its decision in Britvic PLC v Britvic Pensions [2021] EWCA CIV 867, overturning the first instance High Court decision. It is a major decision on interpretation (applying principles applicable to contracts and other documents, and not just pension schemes). This note focuses on the interpretation issue of general application; a second note will touch on the pensions-specific aspects.’
Wilberforce Chambers, 11th June 2021
Source: www.wilberforce.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Steer v Stormsure Ltd [2021] EWCA Civ 887 (11 June 2021)
Court of Appeal (Criminal Division)
Popoola v R. [2021] EWCA Crim 842 (11 June 2021)
High Court (Administrative Court)
Popoviciu v Curtea De Apel Bucuresti (Romania) [2021] EWHC 1584 (Admin) (11 June 2021)
High Court (Chancery Division)
Hughes v Pritchard & Ors [2021] EWHC 1580 (Ch) (11 June 2021)
High Court (Family Division)
P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam) (14 June 2021)
K v T (Habitual Residence) [2021] EWHC 1525 (Fam) (11 June 2021)
High Court (Queen’s Bench Division)
SGI Legal LLP v Karatysz [2021] EWHC 1608 (QB) (11 June 2021)
Ayeh-Kumi v The Lord Chancellor & Anor [2021] EWHC 1564 (QB) (09 June 2021)
High Court (Technology and Construction Court)
Cartwright Pond Ltd v Wild [2021] EWHC 1600 (TCC) (11 June 2021)
Source: www.baili.org
Can an individual be a ‘worker’ if they are not obliged to accept any work at all? – 3PB
‘The Nursing and Midwifery Council (‘NMC’) is the regulator of Nurses and Midwives in the UK. Pursuant to the Nursing and Midwifery Order 2001, the NMC has a Fitness to Practise Committee (‘FTP’), which determines allegations of impairment of fitness to practise. The Claimant was appointed as a panel member and chair of the FTP for a four-year term on 16 April 2012. He was appointed for a further four-year term in April 2016.’
3PB, 10th June 2021
Source: www.3pb.co.uk
Legal action launched over Boris Johnson award of peerage to Tory donor – The Independent
‘Anti-corruption campaign the Good Law Project has launched a legal action over the award of a peerage to Conservative party donor Peter Cruddas. Boris Johnson overruled advice last year from the House of Lords Appointments Committee against making the businessman a Lord – the first time the watchdog’s recommendation has been ignored.’
The Independent, 13th June 2021
Source: www.independent.co.uk
The Tort of Nuisance – Overlook it at Your Peril – 4 King’s Bench Walk
‘In this month’s Construction Law 4KBW’s Chris Bryden (2003) and Georgia Whiting (2011) examine the tort of private nuisance, a complex area which they warn has the potential to affect construction professionals in far-reaching (and evolving) ways.’
4 King's Bench Walk, 3rd June 2021
Source: www.4kbw.co.uk
More gay and bisexual men able to give blood after ‘historic’ rule change – The Independent
‘More gay and bisexual men will be allowed to donate blood, platelets and plasma after “historic” new rules came into effect.’
The Independent, 14th June 2021
Source: www.independent.co.uk
Delegating negotiation of s.106 agreements to officers – Local Government Lawyer
‘Sarah Sackman examines the guidance given by the Court of Appeal on the approach to Members’ delegation to officers to negotiate s.106 Agreements.’
Local Government Lawyer, 11th June 2021
Source: www.localgovernmentlawyer.co.uk
Susskind: “Trainees will learn like astronauts – with virtual reality” – Legal Futures
‘Trainee lawyers in future may do their legal training by using immersive virtual reality software simulating the practice environment, much like astronauts being made ready for space, Professor Richard Susskind has predicted.’
Legal Futures, 14th June 2021
Source: www.legalfutures.co.uk
Perspectives on civil partnerships and marriages in England and Wales: aspects, attitudes and assessments – Family Law
‘This article considers the developments since the turn of the century in the provision of new options for same sex and opposite sex couples to formalise their unions with full legal recognition. The available statistical information on the take-up of same sex civil partnerships and marriages is analysed and evaluated, and an early estimation made of their dissolutions and divorces. The possible implications of recent trends are considered, and a personal appraisal made of prospects for the immediate future. To a lay person, the sequence of introducing civil partnerships and same-sex marriage in England and Wales has been a curious, if not puzzling, progression, perhaps only really understood by the initial opposition to (same sex) civil partnerships, and in particular that they should not be accorded equivalence to marriage. The whole story[1] is also simultaneously one of developing pressure, firstly for the availability of a legal union for same sex couples, and then for greater freedom of choice, and for equal status. The latter was only achieved for civil partnerships[2] after much effort.’
Family Law, 11th June 2021
Source: www.familylaw.co.uk
2005 Constitutional Reform Act up for review – Law Society’s Gazette
‘The government intends to revisit the role of lord chancellor as part of a ‘careful review’ of the Blair administration’s 2005 Constitutional Reform Act, current incumbent Robert Buckland QC MP has revealed.’
Law Society's Gazette, 14th June 2021
Source: www.lawgazette.co.uk
Greenpeace launch legal action against UK government over secrecy on deep sea mining – The Independent
‘Greenpeace has launched legal action against the UK government over ministers’ failure to disclose information over the first deep sea mining exploration licences to be made public.’
The Independent, 13th June 2021
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Fiberweb Geosynthetics Ltd v Geofabrics Ltd [2021] EWCA Civ 854 (11 June 2021)
Britvic Plc v Britvic Pensions Ltd & Anor [2021] EWCA Civ 867 (10 June 2021)
Robinson v Al-Qasimi [2021] EWCA Civ 862 (10 June 2021)
High Court (Administrative Court)
Peikauskas v Prosecutor Generals Office (Lithuania) [2021] EWHC 1537 (Admin) (10 June 2021)
High Court (Chancery Division)
Cole v Premiere Care Holdings Ltd & Ors [2021] EWHC 1595 (Ch) (10 June 2021)
High Court (Commercial Court)
High Court (Family Division)
Greater Manchester Police v Zuniga & Ors [2021] EWHC 1572 (Fam) (10 June 2021)
Source: www.bailii.org
No defence, no reasonableness – service charges and referral to the Tribunal. – Nearly Legal
‘Gell v 32 St John’s Road (Eastbourne) Management Company Ltd (2021) EWCA Civ 789. This is one of those cases where the Court of Appeal says “It is perhaps surprising that in the 35 years since the Landlord and Tenant Act 1985 was enacted the effect on a claim for service charges of the striking out of a defence has not been determined”, and my first reaction is that really, it is rather surprising that it has come up at all. Nonetheless, it has, and if you have spent 35 years waiting for clarity on this point, you are in luck. However, the judgment does have some significant things to say about referrals to the First Tier Tribunal (PC) from the courts, and the position after a struck out defence.’
Nearly Legal, 6th June 2021
Source: nearlylegal.co.uk
