BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ras Al Khaimah Investment Authority v Azima [2021] EWCA Civ 349 (12 March 2021)
High Court (Administrative Court)
High Court (Chancery Division)
Howes v Howes [2021] EWHC 591 (Ch) (12 March 2021)
Rowland v Blades [2021] EWHC 426 (Ch) (12 March 2021)
JSC Commercial Bank Privatbank v Kolomoisky [2021] EWHC 580 (Ch) (12 March 2021)
High Court (Family Division)
Z (A Child), Re (2nd Judgment) (Rev 1) [2021] EWHC 559 (Fam) (11 March 2021)
High Court (Patents Court)
High Court (Queen’s Bench Division)
High Court (Technology and Construction Court)
Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 567 (TCC) (10 March 2021)
Anchor Hanover Group & Ors v Arcadis Consulting (UK) Ltd & Ors [2021] EWHC 543 (TCC) (09 March 2021)
Source: www.bailii.org
High Court: restructuring plans are ‘insolvency proceedings’ – OUT-LAW.com
‘A recent High Court decision on the legal status of a UK statutory restructuring plan may impact on the way in which these proceedings are viewed by European courts post-Brexit.’
OUT-LAW.com, 12th March 2021
Source: www.pinsentmasons.com
A final account problem – JSM Construction v Western Power – Practical Law: Construction Blog
‘The final account is normally a wrap-up of the contractor’s valid claims for extra payment. It’s particularly helpful if claims were not submitted or assessed as works progressed. So, what happens if the contract doesn’t have a final account procedure but there are claims outstanding once the works are finished? Can a final account procedure be implied under section 110(3) of the Construction Act 1996?’
Practical Law: Construction Blog, 8th March 2021
Judicial review, standing and interest in the outcome – Local Government Lawyer
‘A recent ruling has confirmed that applicants for judicial review must have a sufficient interest in the relief sought to have standing to bring the claim, write Sarah Salmon and Joshua Swirsky.’
Local Government Lawyer, 12th March 2021
Source: www.localgovernmentlawyer.co.uk
Barder: Where are we now? – Family Law
‘Few would have thought back on 1 March 2020 that we would, some 12 months later, be facing the first birthday of the strictest restrictions on personal freedoms in living memory. As we approach the anniversary of the first lockdown on 23 March 2020, it seems appropriate that we reconsider one of key questions of family lawyers back in Spring 2020, that of whether the pandemic was likely to satisfy the principles set down in the 1987 case of Barder v Barder [1987] 2 FLR 480. Unprecedented times, there is no doubt, but unprecedented enough to constitute a Barder event?’
Family Law, 12th March 2021
Source: www.familylaw.co.uk
Multiple employment claims shoot up as Covid hits working conditions – Law Society’s Gazette
‘Multiple claims in the employment tribunal nearly doubled towards the end of 2020 as the effects of the pandemic took effect. Statistics published this week by the Ministry of Justice show 29,000 claims were made by more than one person based on the same set of facts in the final three months of last year. This is 82% up on the same period in 2019.’
Law Society's Gazette, 12th March 2021
Source: www.lawgazette.co.uk
‘Unwarranted attack’ by judge on indecent assault accuser could discourage women coming forward, she claims – The Independent
‘A woman who accused hedge fund boss Crispin Odey of indecent assault has complained about a judge’s “unwarranted attack” on her character, according to a report.’
The Independent, 15th March 2021
Source: www.independent.co.uk
Policing bill: What are the new powers to ‘manage’ protests? – The Independent
‘Governments of whatever party seem to come up with a new “law and order” bill almost every year, and these often turn into great caravans of minor legal changes, many of which are uncontroversial. The Police, Crime, Sentencing and Courts Bill, which will be debated by MPs on Monday and Tuesday, is the latest of its kind – and it has suddenly become intensely topical because of the debate over the policing of the vigil for Sarah Everard on Saturday.’
The Independent, 15th March 2021
Source: www.independent.co.uk
Contact after Findings of Domestic Abuse – Family Law Week
‘Teena Dhanota-Jones, Consultant at Simons Muirhead Burton, analyses a recent case involving the interplay of the law on contact and Practice Direction 12J on domestic abuse.’
Family Law Week, 10th March 2021
Source: www.familylawweek.co.uk
Johnson to chair crime taskforce on violence against women as he calls Everard vigil footage ‘concerning’ – The Independent
‘Boris Johnson will chair a meeting of the government’s crime and justice taskforce on Monday to discuss what more needs to be done to stamp out violence against women and girls.’
The Independent, 15th March 2021
Source: www.independent.co.uk
Court can order solicitor to attend wasted costs cross-examination – Litigation Futures
‘The court has the power to require a solicitor to attend court for cross-examination in respect of a wasted costs application, a High Court judge has ruled.’
Litigation Futures, 11th March 2021
Source: www.litigationfutures.com
Sarah Everard: Court challenge over Clapham vigil ban – BBC News
‘Organisers of a vigil in response to the disappearance of Sarah Everard are going to the High Court after police said gatherings would be “unlawful”.’
BBC News, 12th March 2021
Source: www.bbc.co.uk
Convicted robber jailed for murdering woman he met on dating site – The Guardian
‘A convicted armed robber who strangled, battered and stabbed a woman to death after meeting her on a dating site has been sentenced to life in prison.’
The Guardian, 11th March 2021
Source: www.theguardian.com
Stonehenge, religious manifestation and the ECHR: Halcrow – Law & Religion UK
‘In Halcrow & Ors v Crown Prosecution Service [2021] EWHC 483 (Admin), Maryam Halcrow, Angel Grace and Lisa Mead were Pagans of various traditions. All three had been convicted by Swindon Magistrates’ Court of entering the stone circle at Stonehenge on 4 February 2018 and 6 May 2018 without reasonable excuse, contrary to regulation 3(h) of the Stonehenge Regulations 1997 and s.19 of the Ancient Monuments and Archaeological Areas Act 1979, and had been sentenced to a conditional discharge. Their appeal to the Crown Court was dismissed [1 & 2].’
Law & Religion UK, 11th March 2021
Source: lawandreligionuk.com
High court rejects bid to extend UK’s EU settlement scheme – The Guardian
‘The high court has rejected a legal bid for an extension to the EU settlement scheme (EUSS), dismissing campaigners’ concerns that those EU residents who fail to apply to remain in the UK before July could face “devastating” consequences, similar to those experienced by the Windrush generation.’
The Guardian, 11th March 2021
Source: www.theguardian.com
New Statutory Instruments – legislation.gov.uk
The Government of Wales Act 2006 (Amendment) Order 2021
The Armed Forces Act (Continuation) Order 2021
The Russia (Sanctions) (Overseas Territories) (Amendment) Order 2021
The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2021
The Public Service Pensions Revaluation Order 2021
The Pensions Increase (Review) Order 2021
The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2021
The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2021
Source: www.legislation.gov.uk
The UK’s new medicines and medical devices regime – next steps – Mills & Reeve
‘The Medicines and Medical Devices Act has now become law. Much of the legislation simply sets up powers and frameworks for development of the UK’s regulatory system for medicines, veterinary medicines and medical devices. Importantly, Part 4 of the Act introduces a new enforcement regime for medical devices, replacing provisions currently scattered across other legislation.’
Mills & Reeve, 5th March 2021
Source: www.mills-reeve.com