BAILII: Recent Decisions
Court of Appeal (Civil Division)
Travelers Insurance Company Ltd v Armstrong & Anor [2021] EWCA Civ 978 (01 July 2021)
Perform Content Services Ltd v Ness Global Services Ltd [2021] EWCA Civ 981 (01 July 2021)
Avison Young Ltd v Jackson (Valuation Officer) [2021] EWCA Civ 969 (01 July 2021)
McGaw v The Welsh Ministers [2021] EWCA Civ 976 (30 June 2021)
Valbonne Estates Ltd v Cityvalue Estates Ltd & Anor [2021] EWCA Civ 973 (30 June 2021)
Reprieve & Ors, R (On the Application Of) v The Prime Minister [2021] EWCA Civ 972 (30 June 2021)
Smith v The Royal Bank of Scotland Plc [2021] EWCA Civ 977 (30 June 2021)
High Court (Administrative Court)
Valero Logistics UK Ltd & Anor v Plymouth City Council [2021] EWHC 1792 (Admin) (30 June 2021)
Municipal Court of Bacau, Romania v Elena Spirache [2021] EWHC 1778 (Admin) (30 June 2021)
High Court (Chancery Division)
A Company, Re [2021] EWHC 1760 (Ch) (01 July 2021)
Ceredigion Recycling And Furniture Team v Pope & Ors [2021] EWHC 1783 (Ch) (30 June 2021)
GO DPO EU & Ors, Re [2021] EWHC 1765 (Ch) (30 June 2021)
High Court (Queen’s Bench Division)
Bates v Snozone (Holdings) Ltd [2021] EWHC 1828 (QB) (02 July 2021)
John West Foods Ltd v Marine Management Organisation [2021] EWHC 1763 (QB) (02 July 2021)
Hodges v Naish (Rev1) [2021] EWHC 1805 (QB) (01 July 2021)
Moreira v Moran t/a ACH Joinery and Building Contractors & Ors [2021] EWHC 1800 (QB) (01 July 2021)
Gibson & Anor v New & Anor [2021] EWHC 1811 (QB) (01 July 2021)
Lachaux v Independent Print Ltd & Anor[2021] EWHC 1797 (QB) (01 July 2021)
Bonnier Books UK Group Holdings Ltd v Johnson [2021] EWHC 1789 (QB) (30 June 2021)
Source: www.bailii.org
Too much of a good thing: serial adjudication, multiple disputes and NEC – Practical Law: Construction Blog
‘Adjudication has now become the default dispute resolution method for construction disputes, to the extent that some parties use it on multiple occasions and for multiple disputes. But that carries its own risks and complexities, as highlighted in the recent decision in Prater Ltd v John Sisk and Son (Holdings) Ltd.’
Practical Law: Construction Blog, 29th June 2021
Legal lifeline for people in need – Ministry of Justice
‘People who have fallen on hard times during the pandemic will be helped by extra funding for free legal advice, the government has announced.’
Ministry of Justice, 1st July 2021
Source: www.gov.uk/government/organisations/ministry-of-justice
Drunk son jailed for attacking ill mother by ‘windmilling his arms’ – The Independent
‘A 33-year-old man has been sentenced to 11 months after he breached a restraining order to carry out a drunken attack on his mother.’
The Independent, 1st July 2021
Source: www.independent.co.uk
Sarah Everard: Police violated rights at demos, say MPs – BBC News
‘Police breached “fundamental rights” at a vigil for Sarah Everard and “Kill the Bill” protests earlier this year, an inquiry by MPs has found.’
BBC News, 1st July 2021
Source: www.bbc.co.uk
Indirect Discrimination Against Working Mothers – Littleton Chambers
‘On 22 June 2021, the President of the Employment Appeal Tribunal handed down judgment in Dobson v North Cumbria Integrated Care NHS Foundation Trust UKEAT/0220/19/LA. CLICK HERE to read the judgment.’
Littleton Chambers, 23rd June 2021
Source: littletonchambers.com
Government commission ignored evidence of NHS racism, says British Medical Association – The Independent
‘The British Medical Association has said the highly-contested Sewell report “ignored well-documented” evidence of structural racism. The professional body for doctors refuted the report’s overall findings and said the government-appointed Commission on Race and Ethnic Disparities (CRED) missed opportunities to identify effective solutions to tackling racial inequality.’
The Independent, 1st July 2021
Source: www.independent.co.uk
Capacity to make decisions on care and alcohol dependency – Local Government Lawyer
‘Laura Wares analyses a recent case in which the assessment of capacity of an individual with a history of alcohol misuse was considered by the court.’
Local Government Lawyer, 2nd July 2021
Source: www.localgovernmentlawyer.co.uk
No more reward without risk – Local Government Lawyer
‘Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.’
Local Government Lawyer, 2nd July 2021
Source: www.localgovernmentlawyer.co.uk
Supreme Court grasps the nettle(bed) and gives lesson on sale of school land – Hardwicke Chambers
‘John Clargo discusses the recent Supreme Court decision in Rittson-Thomas & Ors v Oxfordshire County Council [2021] UKSC 13 and its implications for “statutory reverters” under section 2 of the School Sites Act 1841.’
Hardwicke Chambers, 1st July 2021
Source: hardwicke.co.uk
New world order for trusts?: The meaning of ‘prior interest’ in section 32 – Wilberforce Chambers
‘The statutory power of advancement conferred by section 32 of the Trustee Act 1925 is a valuable tool for trustees given them as an aid to enable trust property to be used for the fullest benefit of a beneficiary with an interest in capital: see Lord Inglewood v IRC [1983] 1 WLR 366, 372–3 per Fox LJ, a judgment which contains a useful catalogue of ways in which the power has been exercised.’
Wilberforce Chambers, 24th June 2021
Source: www.wilberforce.co.uk
CA rejects privilege challenge to file access in lawyer negligence claim – Legal Futures
‘The solicitors to claimants who acquired a cause of action to sue the insolvent defendant’s lawyers for professional negligence cannot be prevented from accessing privileged material, the Court of Appeal has ruled.’
Legal Futures, 2nd July 2021
Source: www.legalfutures.co.uk
Axminster: Limitation and forfeiture revisited after Lloyds – Wilberforce Chambers
‘The High Court (Morgan J.) has delivered judgment in Punter Southall Governance Services Ltd v Hazlett [2021] EWHC 1652 (Ch), concerning the Axminster Carpets Group pension plan. It is now the leading judgment on limitation in claims by pension scheme beneficiaries for arrears. It also gives key guidance on the court’s power to award interest on such claims and on the interpretation and exercise of forfeiture clauses, and makes certain findings on the scope of s.37 of the Pension Schemes Act 1993. This summary only scratches the surface of a detailed 347-paragraph judgment covering several different areas of pensions and trusts law. A more flippant title might have been: “The Axminster Carpets case: a pile of issues…”’
Wilberforce Chambers, 24th June 2021
Source: www.wilberforce.co.uk
PC who killed Dalian Atkinson jailed – Crown Prosecution Service
‘Benjamin Monk, 43, has been sentenced to eight years in prison after being found guilty last week of killing former Aston Villa player Dalian Atkinson.’
Crown Prosecution Service, 29th June 2021
Source: www.cps.gov.uk
36 Crime Criminal Updates – The 36 Group
‘We are grateful to the contributors to this Newsletter. Sam Skinner’s case note on the recent decision in R -v- Brecani addresses the consequence of this important shift away from accepting as expert evidence the conclusive decisions made by civil servants within the Home Office on referrals for human trafficking and modern slavery. Kate Kelleher provides a timely reminder that the provisions of the Animal Welfare (Sentencing) Act 2021 is in force from 29th June 2021 and provides a commentary on the most notable recent developments in the prosecutions of animal welfare offences. In April and May Catherine Rose and Tom Parker ran a 2-part webinar session on Open-Source Evidence with contributions from a panel of leading experts from the US and UK. Their article is just a taster of the material covered in greater depth in the sessions. A timely warning to apply the basic critical analysis we use in relation to evidence from many scientific fields to all such evidence before relying on it at face value. Mary Prior Q.C. has provided a comprehensive round up in the Crime Bulletin of all the recent decisions of importance in a broad spectrum of procedural and offence-based areas.’
The 36 Group, 28th June 2021
Source: 36group.co.uk
Former senior NHS Manager jailed for defrauding the taxpayer – The Independent
‘A former senior manager for the NHS was jailed on Wednesday having defrauded hundreds of thousands of pounds from a hospital trust where he worked.’
The Independent, 1st July 2021
Source: www.independent.co.uk
