University lecturer jailed for sex assault on student – BBC News
‘A university lecturer has been jailed for sexually assaulting a student as she walked home from a pub.’
BBC News, 18th May 2021
Source: www.bbc.co.uk
Divisional Court hands down key ruling on interaction of diplomatic immunity and child protection – Local Government Lawyer
‘The Divisional Court has rejected an application by a council concerned about the welfare of children of a diplomat for a declaration that the Vienna Convention on Diplomatic Relations (VCDR) breaches Articles 3 or 6 of the European Convention on Human Rights.’
Local Government Lawyer, 17th May 2021
Source: www.localgovernmentlawyer.co.uk
High Court upholds judgment on law firms’ unpaid fees – Legal Futures
‘The High Court has rejected a challenge to a judgment in default obtained by two law firms whose retainers were terminated by a Swiss company, leaving Carpmaels & Raynsford with unpaid fees of €201,000 (£172,000) and Collyer Bristow with £320,000.’
Legal Futures, 18th May 2021
Source: www.legalfutures.co.uk
Jonathan Plummer: PCSO jailed over indecent images of children – BBC News
‘A police community support officer has been jailed for making, possessing and distributing indecent images of children.’
BBC News, 17th May 2021
Source: www.bbc.co.uk
Judicial guidance on DBAs – Law Society’s Gazette
‘In Zuberi v Lexlaw Ltd [2021] EWCA Civ 16, the Court of Appeal has provided important guidance on the nature of damages-based agreements (DBAs). By way of reminder, a DBA is a funding arrangement between a lawyer and a client whereby the lawyer’s fees are dependent upon the success of the case and are determined as a percentage of the damages received by the client. Under a DBA, a lawyer may not recover costs more than the total amount chargeable to the client under the DBA, and will not receive anything in the event that the case is unsuccessful. It should be noted that regulation 4(1) of the Damages-Based Agreements Regulations 2013 does not permit legal representatives to charge costs and expenses if the client terminates the retainer, whereas regulation 8 (which applies only to employment matters) does. This apparent conflict was considered in Zuberi.’
Law Society's Gazette, 17th May 2021
Source: www.lawgazette.co.uk
New Judgment: Hurstwood Properties (A) Ltd and Ors v Rossendale Borough Council and Anor [2021] UKSC 16 – UKSC Blog
‘The Supreme Court has unanimously allowed this appeal concerning liability to pay non-domestic rates for periods when unoccupied properties have been leased to special purpose vehicle companies (“SPVs”).’
UKSC Blog, 14th May 2021
Source: ukscblog.com
LB Barking and Dagenham & Ors v Persons Unknown & Ors [2021] EWHC 1201 (QB) – Radcliffe Chambers
‘On 12 May Nicklin J handed down judgment in LB Barking and Dagenham & Ors v Persons & Ors [2021] EWHC 1201 (QB), in which Traveller Injunctions and the issue of whether final injunctions against Persons Unknown bind only the parties to the proceedings and not ‘newcomers’ was considered. Caroline Bolton and Natalie Pratt appeared on behalf of eight of the Claimant Local Authorities.’
Radcliffe Chambers, 13th May 2021
Source: radcliffechambers.com
‘Significant development’ need not be specific for budget revision – Litigation Futures
A ‘significant development’ in litigation requiring a budget to be revised need not be a specific event at a specific time, a Queen’s Bench master has ruled.
Litigation Futures, 14th May 2021
Source: www.litigationfutures.com
Rape victims in England and Wales to give video evidence to boost convictions – The Guardian
‘Rape victims in England and Wales will be able to provide their evidence on video prior to a trial to help improve conviction rates, it is understood.’
The Guardian, 17th May 2021
Source: www.theguardian.com
New Judgment: Commissioners for Her Majesty’s Revenue and Customs v Tooth [2021] UKSC 17 – UKSC Blog
‘The Supreme Court has unanimously dismissed this appeal concerning issues surrounding the Taxes Management Act 1970.’
UKSC Blog, 14th May 2021
Source: ukscblog.com
Online safety bill ‘will fail to protect millions from cloned websites and ad scams’ – The Guardian
‘The UK government’s online safety bill will “fail to protect millions” by leaving people at risk of falling victim to cloned websites and adverts paid for by fraudsters, experts warned this week.’
The Guardian, 15th May 2021
Source: www.theguardian.com
Nur v Birmingham (Part 2): some on the allocation scheme are more equal than others – Nearly Legal
‘Mrs Nur lives with her 3 adult daughters, including her daughter Zakiya Abudlahi, who has cerebral palsy and learning difficulties and for whom Mrs Nur is a full time carer. Mrs Nur and Zakiya were living in the PRS when they registered on Birmingham Council’s Housing List in August 2011. In late 2018 Mrs Nur’s landlord sought possession and an order for possession was made on 12 November 2018. The Council accepted they had a homelessness duty towards the family on 22 November and they were granted a tenancy of a house owned by the Council at 89 Jervoise Road. Mrs Nur received that property following a homelessness offer, rather than as an allocation under the scheme.’
Nearly Legal, 16th May 2021
Source: nearlylegal.co.uk
New Judgment: R (on the application of Fylde Coast Farms Ltd (formerly Oyston Estates Ltd)) v Fylde Borough Council [2021] UKSC 18 – UKSC Blog
‘The Supreme Court has unanimously dismissed this appeal concerning the interpretation of section 61N of the Town and Country Planning Act 1990.’
UKSC Blog, 14th May 2021
Source: ukscblog.com
Buckland wants “most accessible justice system in the world” – Litigation Futures
‘Lord Chancellor Robert Buckland declared yesterday that he aims to deliver a justice system across the UK “that is more accessible than any other jurisdiction on this planet”.’
Litigation Futures, 14th May 2021
Source: www.litigationfutures.com
Keelan Wilson: Four jailed for Wolverhampton teen’s gang murder – BBC News
‘Four men who murdered a teenager in a “well-planned execution” metres from his home have been jailed for life.’
BBC News, 15th May 2021
Source: www.bbc.co.uk
Torture victims kept in solitary by Home Office for up to a year – The Guardian
‘The Home Office has pursued a policy of psychological brutality by locking up scores of torture survivors in solitary confinement for indefinite periods, according to fresh testimony from immigration detainees.’
The Guardian, 15th May 2021
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Hurstwood Properties (A) Ltd & Ors v Rossendale Borough Council & Anor [2021] UKSC 16 (14 May 2021)
Revenue and Customs v Tooth [2021] UKSC 17 (14 May 2021)
Her Majesty’s Attorney General v Crosland [2021] UKSC 15 (10 May 2021)
Court of Appeal (Civil Division)
Sivier v Riley [2021] EWCA Civ 713 (14 May 2021)
Ward & Ors v Savill [2021] EWCA Civ 1378 (14 May 2021)
Alta Trading UK Ltd v Bosworth [2021] EWCA Civ 687 (14 May 2021)
Facebook, Inc. & Anor v The Competition And Markets Authority [2021] EWCA Civ 701 (13 May 2021)
Potanina v Potanin (Rev 1) [2021] EWCA Civ 702 (13 May 2021)
Court of Appeal (Criminal Division)
Baldwin, R. v [2021] EWCA Crim 703 (14 May 2021)
AB, R. v [2021] EWCA Crim 692 (14 May 2021)
Bolton, R. v [2021] EWCA Crim 689 (13 May 2021)
High Court (Administrative Court)
Tabuncic & Anor v Government of Moldova [2021] EWHC 1269 (Admin) (14 May 2021)
High Court (Chancery Division)
ALL Scheme Ltd, Re (Companies Act 2006) [2021] EWHC 1002 (Ch) (14 May 2021)
High Court (Commercial Court)
VTB Bank PJSC v Firtash [2021] EWHC 1203 (Comm) (14 May 2021)
High Court (Family Division)
London Borough of Barnet v AG & Ors [2021] EWHC 1253 (Fam) (13 May 2021)
High Court (Queen’s Bench Division)
Sparkes v London Pension Funds Authority & Anor [2021] EWHC 1265 (QB) (14 May 2021)
Rayner v Barnet, Enfield and Haringey Mental Health NHS Trust [2021] EWHC 1263 (QB) (14 May 2021)
Ingeus UK Ltd v Wardle [2021] EWHC 1268 (QB) (14 May 2021)
Serbian Orthodox Church – Serbian Patriarchy v Kesar & Co [2021] EWHC 1205 (QB) (13 May 2021)
Source: www.bailii.org
Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers
‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’
St Philips Barristers, 13th May 2021
Source: st-philips.com
