Current Awareness

‘Lady Justice Rose has joined the supreme court, doubling the number of female justices in the UK’s highest court in an appointment that has failed to quell concerns about lack of diversity.’

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The Guardian, 19th April 2021

Source: www.theguardian.com

New Statutory Instruments – legislation.gov.uk

Posted April 19th, 2021 in legislation by sally

The Motor Fuel (Composition and Content) and the Biofuel (Labelling) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 19th, 2021 in law reports by sally

Court of Appeal (Civil Division)

M Sport Ltd, R (On the Application Of) v Her Majesty’s Revenue And Customs [2021] EWCA Civ 561 (16 April 2021)

Davis v Lloyds Bank Plc (Rev 1) [2021] EWCA Civ 557 (16 April 2021)

High Court (Administrative Court)

The Secretary of State for Health And Social Care On Behalf of Public Health England, R (On the Application Of) v Harlow District Council [2021] EWHC 909 (Admin) (16 April 2021)

High Court (Chancery Division)

R (Deceased), Re [2021] EWHC 936 (Ch) (16 April 2021)

High Court (Commercial Court)

The Claimants set out In Schedule 1 To the Claim Form v Spence & Ors [2021] EWHC 925 (Comm) (16 April 2021)

Republic of Sierra Leone v SL Mining Ltd [2021] EWHC 929 (Comm) (16 April 2021)

Source: www.bailii.org

Relief from forfeiture – Don’t dilly dally on the way – Nearly Legal

Posted April 19th, 2021 in appeals, delay, equity, forfeiture, landlord & tenant, news, time limits by sally

‘Keshwala & Anor v Bhalsod & Anor (2021) EWCA Civ 492. This was the second appeal, to the Court of Appeal, of a relief from forfeiture matter for commercial property that we have previously seen in the High Court (our report here). The issue was whether a relief from forfeiture application made just within 6 months of the date of forfeiture was brought with ‘reasonable promptitude’ for the purposes of the equitable relief from from forfeiture.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

Section 204 appeals – weighing medical evidence and ending ‘relief duty’ – Nearly Legal

Posted April 19th, 2021 in appeals, disabled persons, equality, expert witnesses, homelessness, housing, local government, news by sally

‘Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court and Perrott v Hackney London Borough Council, 29 January 2021, Central London County Court. Two linked s.204 appeals arising from Hackney’s finding that Mr Perrot was not vulnerable for the purposes of priority need – upheld on s.202 review – and Hackney’s decision to end the ‘relief duty’ under section 189B Housing Act 1996, also upheld on review.’

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Nearly Legal, 18th April 2021

Source: nearlylegal.co.uk

Very large organisations could see fines for health and safety offences double – OUT-LAW.com

Posted April 19th, 2021 in appeals, company law, employment, fines, health & safety, news, proportionality by sally

‘Very large organisations may see fines for health and safety breaches doubled, according to the Court of Appeal in England and Wales. There remains, however, no clear judicial guidance on what the threshold for “very large” looks like in practice.’

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OUT-LAW.com, 16th April 2021

Source: www.pinsentmasons.com

Mandatory vaccinations for care home workers – a slippery slope? – UK Human Rights Blog

Posted April 19th, 2021 in care homes, consultations, coronavirus, employment, government departments, human rights, news, vaccination by sally

‘Or, as Andrew Neil put it on the Spectator TV News Channel this week, “A Dripping Roast For Lawyers”. To be fair, Neil was referring to the patchwork of mandatory vaccines across the United States. But with the publication yesterday of the Government’s consultation paper on vaccine requirements for all staff deployed in a care home supporting at least one older adult over the age of 65, the debate raging about “vaccine passports” has a real target in its sights. Not only because the government has found some primary legislation that gives it the power to introduce mandatory vaccinations, but also because the proposals are not limited to employees.’

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UK Human Rights Blog, 16th April 2021

Source: ukhumanrightsblog.com

Council refused permission to appeal High Court ruling on failure to comply with duty to cooperate – Local Government Lawyer

Posted April 19th, 2021 in appeals, local government, news, planning, statutory duty by sally

‘Sevenoaks District Council has been refused permission to appeal a Planning Court ruling rejecting its legal challenge to a finding by a planning inspector that it had failed to comply with the duty to cooperate when preparing the Sevenoaks District Local Plan for its administrative area.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal allows appeal by council over £270 confiscation order for unlawful flats conversion when it claimed for more than £455,000 – Local Government Lawyer

Posted April 19th, 2021 in appeals, confiscation, enforcement notices, housing, local government, news, proceeds of crime by sally

‘The London Borough of Barnet has won an appeal after the Crown Court imposed a confiscation order of £270 when the council had contended for more than £455,000.’

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Local Government Lawyer, 19th April 2021

Source: www.localgovernmentlawyer.co.uk

Woman jailed for providing unqualified immigration advice – Legal Futures

Posted April 19th, 2021 in community service, compensation, fraud, immigration, imprisonment, legal services, news, sentencing by sally

‘A woman has been jailed for fraud and providing unqualified immigration advice and services, with her husband sentenced to community service.’

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Legal Futures, 19th April 2021

Source: www.legalfutures.co.uk

Call for work to make consumer-facing legal documents more intelligible – Legal Futures

Posted April 19th, 2021 in artificial intelligence, consumer protection, documents, legal profession, news by sally

‘Lawyers need to make consumer-facing legal documents more engaging, and regulators and industry should consider measures to ensure they are intelligible, a report has recommended.’

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Legal Futures, 19th April 2021

Source: www.legalfutures.co.uk

High Court rejects claim that ‘stern’ judge was hostile towards LiPs – Law Society’s Gazette

Posted April 19th, 2021 in appeals, bias, judges, litigants in person, news, probate, retrials by sally

‘The High Court has thrown out the suggestion that a judge was biased against three litigants in person, saying the deputy master was stern and showed signs of impatience but handled the case in a “fair and open-minded way.”‘

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Law Society's Gazette, 16th April 2021

Source: www.lawgazette.co.uk

HS2: Judge orders pause on tree felling at wood that inspired Roald Dahl’s Fantastic Mr Fox – The Independent

Posted April 19th, 2021 in animals, environmental protection, government departments, judicial review, licensing, news, railways, transport, trees by sally

‘A High Court judge has ordered HS2 to stop felling trees at a wood that inspired Roald Dahl to write Fantastic Mr Fox, ahead of a hearing into whether the government licences were issued legitimately.’

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The Independent, 17th April 2021

Source: www.independent.co.uk

Hillsborough police face trial accused of perverting course of justice – The Guardian

Posted April 19th, 2021 in inquests, news, perverting the course of justice, police, professional conduct, sport by sally

‘Two former South Yorkshire police officers and the force’s lawyer at the time of the Hillsborough stadium disaster in 1989 face trial on Monday charged with perverting the course of justice over the amendment of police statements about the tragedy.’

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The Guardian, 18th April 2021

Source: www.theguardian.com

Police officers ‘took seized Bentley on Cheshunt drive’ – BBC News

Posted April 19th, 2021 in confiscation, news, police, professional conduct by sally

‘Three Hertfordshire police officers who sped on a dual carriageway in a luxury car seized from its driver have been given a final written warning after being found guilty of gross misconduct.’

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BBC News, 18th April 2021

Source: www.bbc.co.uk

Clergy speak out over ‘racism in Church of England’ Published8 hours ago – BBC News

Posted April 19th, 2021 in Church of England, complaints, disclosure, employment, news, racism by sally

‘Some ethnic minority staff who made complaints of racism within the Church of England have been paid off to “buy their silence”, BBC Panorama has been told.’

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BBC News, 19th April 2021

Source: www.bbc.co.uk

Wife of British wrestling champion refused UK visa – The Independent

Posted April 19th, 2021 in families, government departments, immigration, married persons, news, refugees, sport, visas by sally

‘The wife of a British wrestling champion who has won gold medals for the country has hit out at the UK’s “cruel” immigration rules after his wife was refused a visa.’

Full Story

The Independent, 17th April 2021

Source: www.independent.co.uk

Iddon v Warner: a finding of fundamental dishonesty in a clinical negligence case – Parklane Plowden

Posted April 16th, 2021 in cancer, chambers articles, damages, deceit, doctors, fundamental dishonesty, negligence, news by sally

‘The Claimant brought a claim for damages against her General Practitioner for a missed diagnosis of breast cancer. As a result of the negligence, the Claimant had to undergo a mastectomy and axillary dissection, which would otherwise have been unnecessary. The Claimant argued that these treatments had left her with incapacitating chronic pain. The Defendant admitted breach of duty and causation, but contended that her claim should be dismissed because she had been fundamentally dishonest in relation to the claim.’

Full Story

Parklane Plowden, 1st April 2021

Source: www.parklaneplowden.co.uk

Alerter: The EU-UK Trade & Cooperation Agreement: what does it mean for consumer protection & product liability? – Henderson Chambers

Posted April 16th, 2021 in brexit, chambers articles, consumer protection, news, sale of goods by sally

‘After months of negotiation, the EU-UK Trade and Cooperation Agreement (“TCA”), agreed in principle on 24 December 2020, is to govern trade and services between the UK and EU from 1 January 2021. Whilst the predominant focus is on the continued absence of tariffs or quotas on goods traded between the UK and EU provided those goods meet the rules of origin, for many other key areas it is a framework for more substantial future agreements. In this alerter, we explore the key features of the TCA in relation to product liability and consumer protection.’

Full Story

Henderson Chambers, 31st March 2021

Source: www.hendersonchambers.co.uk

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