BAILII: Recent Decisions
Court of Appeal (Civil Division)
Michael Wilson & Partners Ltd v Sinclair & Ors [2021] EWCA Civ 505 (16 April 2021)
Stanford International Bank Ltd v HSBC Bank Plc [2021] EWCA Civ 535 (15 April 2021)
Keshwala & Anor v Bhalsod & Anor [2021] EWCA Civ 492 (15 April 2021)
Court of Appeal (Criminal Division)
London Borough of Barnet v Kamyab [2021] EWCA Crim 543 (15 April 2021)
High Court (Administrative Court)
Trent, R (On the Application Of) v Hertsmere Borough Council [2021] EWHC 907 (Admin) (16 April 2021)
High Court (Chancery Division)
Commerz Real Investmentgesellschaft mbh v TFS Stores Ltd [2021] EWHC 863 (Ch) (16 April 2021)
Stonard v Green Shoots Capital UK Ltd [2021] EWHC 927 (Ch) (16 April 2021)
Blackpool Football Club (Properties) Ltd v Coope & Anor [2021] EWHC 910 (Ch) (15 April 2021)
High Court (Commercial Court)
Tugushev v Orlov & Ors [2021] EWHC 926 (Comm) (16 April 2021)
Source: www.bailii.org
Disciplinary Déjà vu: Res Judicata and Trade Union Disciplinary Proceedings – Parklane Plowden
‘The case related to a complaint made against Mr McFadden, that he had inappropriately touched a woman at an anti-austerity march attended by Unite members. A complaint was raised with Unite and Mr McFadden was found to have breached the union’s rules on conduct “in the workplace”. He appealed through the union’s procedures and his appeal was unsuccessful. Thereafter, Mr McFadden made a complaint to the assistant certification officer [“ACO”]. The ACO determined that as the alleged conduct was outside the workplace, in a context where Mr McFadden was not acting as a representative of Unite, nor at an event organised by Unite, the complaint did not pertain to conduct that Unite could discipline him for and consequently the allegation was null and void. The ACO ordered Unite to reinstate McFadden to his positions held prior to the suspension.’
Parklane Plowden, 10th March 2021
Source: www.parklaneplowden.co.uk
The Perils of Contested Divorce Proceedings – Pump Court Chambers
‘As many practitioners will be aware, defended divorce cases are rare. According to a recent study by the Nuffield Foundation, “No Contest: Defended Divorce in England & Wales”, formally defended divorces account for less than one percent of divorces each year in England & Wales.’
Pump Court Chambers, 15th March 2021
Source: www.pumpcourtchambers.com
Liability for abuse suffered by claimant place in private care home – Local Government Lawyer
‘Steven Ford QC analyses a ruling where, in the absence of fault, a local authority was not liable for sexual assaults committed by an employee of the private residential care home at which it placed the claimant. The relationship between the abusive employee and the placing authority was not akin to employment and the duty of care owed by the authority to the claimant was not non-delegable.’
Local Government Lawyer, 16th April 2021
Source: www.localgovernmentlawyer.co.uk
Senior City lawyers want to continue working flexibly – or will leave – Legal Futures
‘The major City law firms are on notice that their big hitters want a permanent post-Covid change in work patterns or some will look to leave, new research has found.’
Legal Futures, 16th April 2021
Source: www.legalfutures.co.uk
Solicitor unfairly dismissed for refusing Covid variation to contract – Legal Futures
‘A solicitor fired after refusing a demand to vary her contract so her firm could furlough her or reduce her wages to help it cope with the impact of Covid has won a claim for unfair dismissal.’
Legal Futures, 15th April 2021
Source: www.legalfutures.co.uk
Eight things you need to know: Personal Injury damages in divorce cases – Family Law
‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’
Family Law, 16th April 2021
Source: www.familylaw.co.uk
Firm’s breach over counterparty’s name caused no loss, rules High Court – Law Society’s Gazette
‘A firm’s drafting mistake in a standstill agreement was a breach of its duty but caused no loss to the client, a judge has ruled.’
Law Society's Gazette, 15th April 2021
Source: www.lawgazette.co.uk
Home Office breaching human rights law by failing to investigate detainee deaths, court rules – The Independent
‘The Home Office’s policy for investigating deaths in immigration detention has been found to breach human rights law.’
The Independent, 15th April 2021
Source: www.independent.co.uk
Gloucester swimming instructor jailed for abusing 3-year-old girl – BBC News
‘A “perverted” swimming instructor who sexually abused a three-year-old girl he was babysitting has been jailed.’
BBC News, 15th April 2021
Source: www.bbc.co.uk
Universities ignoring rape culture warnings, say campaigners – The Guardian
‘Universities have ignored repeated warnings to tackle rape culture on campus, and left themselves exposed to lawsuits and reputational damage, according to lawyers and campaigners.’
The Guardian, 15th April 2021
Source: www.theguardian.com
Harvey Tyrrell death: Pub owner jailed over boy’s electrocution death – BBC News
‘A pub owner has been jailed after admitting responsibility for the death of a seven-year-old boy who was electrocuted in a beer garden.’
BBC News, 16th April 2021
Source: www.bbc.co.uk
Alerter by Ben Norton – Meaning of ‘deliberate’, ‘concealment’ and ‘breach of duty’ under s.32 Limitation Act 1980 – Henderson Chambers
‘Ben Norton considers the meaning of “deliberate”, “concealment” and “breach of duty” under s.32 Limitation Act 1980 in the context of the Consumer Credit Act’s unfair relationship provisions following Canada Square Operations Ltd v Potter.’
Henderson Chambers, 19th March 2021
Source: www.hendersonchambers.co.uk
No loss, no gain, no mesne profit? – New Square Chambers
‘This decision is a real treat to read. The case, which is principally concerned with the validity of a break clause notice served by a landlord to determine a lease, is delivered in a communicative style, and enlivened by a number of sporting references.’
New Square Chambers, 1st April 2021
Source: www.newsquarechambers.co.uk
Keeping it Simple … A blog by Daphne Romney QC on the Asda Stores v Brierley UKSC decision – Cloisters
‘The Supreme Court has finally handed down judgment in Asda Stores Ltd v Brierley. But although it clarified and simplified the law concerning comparators at different establishments under s.79 EqA, it left other questions unresolved. Daphne Romney QC considers the judgment.’
Cloisters, 26th March 2021
Source: www.cloisters.com
Summary Judgment and Striking Out Allegations of Civil Fraud – Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) – Littleton Chambers
‘Traditionally, claims against financial institutions involving allegations of fraud, LIBOR manipulation and unlawful means conspiracy have not been amenable to strike out or summary determination. However, the English courts are increasingly demonstrating a willingness to use the interim remedies of summary judgment and strike out involving allegations of fraud without the need for a full trial, in “appropriate” cases.’
Littleton Chambers, 7th April 2021
Source: littletonchambers.com
An Enlightened Approach to Taxpayer Confidentiality: The Story of the First Income Tax – Wilberforce Chambers
‘Confidentiality is a fundamental concept at the heart of the modern taxation system. The need to strike a balance between the taxpayer’s right to privacy and the requirement of HMRC to carry out its functions has been the subject of much legislation and litigation. There has been an explosion in the exchange of information between revenue authorities of different countries and British politicians have for years been under pressure to emulate the tradition of American presidents publishing their tax returns. But there is nothing new under the sun: the introduction of income tax in Britain at the end of the 18th century was dominated by concerns over taxpayer confidentiality, which led to measures being developed which have left their mark on today’s income tax system.’
Wilberforce Chambers, 6th April 2021
Source: www.wilberforce.co.uk
