Children: Public Law Update (March 2021) – Family Law Week
‘John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.’
Family Law Week, 24th March 2021
Source: www.familylawweek.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021)
City of London v Various Leaseholders of Great Arthur House [2021] EWCA Civ 431 (25 March 2021)
Newman v Southampton City Council & Ors [2021] EWCA Civ 437 (25 March 2021)
Court of Appeal (Criminal Division)
Beere & Anor, R. v [2021] EWCA Crim 432 (25 March 2021)
High Court (Administrative Court)
High Court (Chancery Division)
GW Pharmaceuticals PLC, Re (Part 26 of the Companies Act 2006) [2021] EWHC 716 (Ch) (25 March 2021)
Brake & Anor v Guy & Ors [2021] EWHC 671 (Ch) (25 March 2021)
Brake & Anor v Guy & Ors (Preliminary Issue) [2021] EWHC 670 (Ch) (25 March 2021)
Financial Conduct Authority v 24hr Trading Academy Ltd & Anor [2021] EWHC 648 (Ch) (25 March 2021)
High Court (Commercial Court)
VTB Bank (PJSC) v Mejlumyan [2021] EWHC 718 (Comm) (25 March 2021)
High Court (Patents Court)
Facebook Ireland Ltd v Voxer IP LLC [2021] EWHC 657 (Pat) (19 March 2021)
Source: www.bailii.org
New Statutory Instruments – legislation.gov.uk
The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021
The Community Infrastructure Levy (Amendment) (England) Regulations 2021
The Renewable Heat Incentive Scheme (Temporary Modification) Regulations 2021
The Representation of the People (Proxy Vote Applications) (Coronavirus) Regulations 2021
The Customs (Tariff etc.) (Amendment) Regulations 2021
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2021
The Agriculture (Financial Assistance) Regulations 2021
The Non-Domestic Rating (Designated Area) Regulations 2021
The Valuation for Rating (Coronavirus) (England) Regulations 2021
The Money Laundering and Terrorist Financing (Amendment) (High-Risk Countries) Regulations 2021
The Spring Traps Approval (Variation) (England) (No. 2) Order 2021
Source: www.legislation.gov.uk
Home Office still has no agreements with other countries for deportations central to new immigration plan – The Independent
‘Britain still has no way of deporting refugees from the UK to other countries, the Home Office has confirmed – despite this being a key component of its asylum overhaul announced on Wednesday. Priti Patel has unveiled new measures that will see refugees who arrive in Britain via unauthorised routes denied an automatic right to asylum and instead regularly reassessed for removal to safe countries they passed through, which are usually in the EU.’
The Independent, 25th March 2021
Source: www.independent.co.uk
Domestic abuse: Women ‘could die in unregulated refuges’ – BBC News
‘Domestic abuse support groups have warned that women will be unsafe if unregulated refuges are allowed to continue offering accommodation. One organisation said “women could die” if the practice does not stop. They fear the government’s Domestic Abuse Bill could see private landlords offering rooms for vulnerable women fleeing violence.’
BBC News, 26th March 2021
Source: www.bbc.co.uk
Johnny Depp loses bid to overturn High Court libel ruling that he assaulted Amber Heard – The Independent
‘Johnny Depp has lost a bid to overturn a damning High Court ruling which concluded he assaulted his ex-wife Amber Heard and left her in “fear for her life”.’
The Independent, 25th March 2021
Source: www.independent.co.uk
Prophet Muhammad cartoon sparks Batley Grammar School protest – BBC News
‘A teacher who showed pupils an “inappropriate” cartoon of the Prophet Muhammad – sparking protests outside a school – has been suspended.’
BBC News, 25th March 2021
Source: www.bbc.co.uk
Two members of Freshwater Five lose appeal against drugs convictions – The Guardian
‘Two members of the Freshwater Five convicted more than a decade ago of attempting to smuggle £53m of cocaine into the UK have lost an appeal against their convictions.’
The Guardian, 25th March 2021
Source: www.theguardian.com
Extreme lockdown laws extended for a further six months despite major Tory revolt – The Independent
‘Draconian lockdown laws imposed one year ago have been extended for a further six months, despite a major Tory revolt.
The Coronavirus Act – granting powers over everything from school closures and public gatherings to the detention of infected people – was renewed by MPs, by 484 votes to 76.’
The Independent, 25th March 2021
Source: www.independent.co.uk
Senior army officer convicted of £48,000 Dorset boarding school fee fraud – The Guardian
‘A senior army officer has been found guilty of dishonestly claiming almost £50,000 in allowances to pay for his children’s boarding school fees. Maj Gen Nick Welch, who is believed to be the most senior officer to face court martial since 1815, was convicted of fraud following a four-week trial at Bulford military court in Wiltshire. He is due to be sentenced on Friday.’
The Guardian, 25th March 2021
Source: www.theguardian.com
Brexit: UK lost ‘significant’ access to EU policing data under deal, report warns – BBC News
‘Britain has lost “significant” access to EU policing data under the Brexit deal negotiated at the end of last year, a House of Lords report has said. It also concluded that post-Brexit law enforcement arrangements are “complex” and “untested”.’
BBC News, 26th March 2021
Source: www.bbc.co.uk
Law Society victimisation claim struck out over volunteer status – Legal Futures
‘A solicitor has had her claim for victimisation by the Law Society struck out by an employment tribunal on the basis that, as the chair of a committee, she was not an employee or office-holder.’
Legal Futures, 25th March 2021
Source: www.legalfutures.co.uk
Public Accounts Committee warns of “huge backlogs” in courts, justice system under “unprecedented pressure” – Local Government Lawyer
‘The Ministry of Justice “faces significant risks across the full range of its services, without a clear sense of prioritisation” and huge backlogs that have built up are causing “unacceptably long waiting times for people to access justice”, the Public Accounts Committee has said.’
Local Government Lawyer, 24th March 2021
Source: www.localgovernmentlawyer.co.uk
Fiona de Londras: Six-Monthly Votes on the Coronavirus Act 2020: A Meaningful Mode of Review? – UK Constitutional Law Association
‘A year since the Coronavirus Act 2020 received Royal Assent, Parliament will today (25 March 2021) once more debate the Coronavirus Act 2020 and its effects, effectiveness, and continuation. The Coronavirus Act 2020 is a touchpoint in the legal and regulatory response to the pandemic.’
UK Constitutional Law Association, 25th March 2021
Source: ukconstitutionallaw.org
MPs launch inquiry into Government approach to permitted development rights – Local Government Lawyer
‘The Housing, Communities and Local Government Committee has launched a new inquiry to examine the Government’s approach to permitted development rights (PDR).’
Local Government Lawyer, 24th March 2021
Source: www.localgovernmentlawyer.co.uk
Jehovah’s Witnesses congregation vicariously liable – UK Human Rights Blog
‘In The Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2021] EWCA Civ 356, the Court of Appeal has offered further guidance on vicarious liability following Supreme Court decisions last year in VM Morrison Supermarkets PLC v Various Claimants [2020] UKSC 12 and Barclays Bank v Various Claimants [2020] UKSC 13.’
UK Human Rights Blog, 25th March 2021
Source: ukhumanrightsblog.com
Stalking victims ‘sitting ducks’ in lockdown, say Suzy Lamplugh Trust – BBC News
‘Stalking victims say they feel like “sitting ducks” in lockdown, according to a charity which has seen a surge in calls for help.’
BBC News, 25th March 2021
Source: www.bbc.co.uk
Patient safety watchdog launches investigation into NHS 111 advice to Covid patients – The Guardian
‘The NHS patient safety watchdog has launched an investigation into failings by the NHS 111 telephone advice service which may have cost the lives of people with Covid-19.’
The Guardian, 25th March 2021
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
UK Gymnastics Ltd & Ors v British Amateur Gymnastics Association [2021] EWCA Civ 425 (24 March 2021)
Athena Capital Fund SICAV-FIS S.A v Crownmark Ltd [2021] EWCA Civ 414 (23 March 2021)
Court of Appeal (Criminal Division)
Baldwin v R. [2021] EWCA Crim 417 (24 March 2021)
Warren & Ors v R. [2021] EWCA Crim 413 (23 March 2021)
Sakin & Anor, R. v [2021] EWCA Crim 411 (22 March 2021)
High Court (Administrative Court)
Swire v Ashford Borough Council [2021] EWHC 702 (Admin) (24 March 2021)
CGM v Luton Council [2021] EWHC 709 (Admin) (23 March 2021)
AA, R (On the Application Of) v London Borough of Hackney [2021] EWHC 674 (Admin) (22 March 2021)
LYB, R (On the Application Of) v Kent County Council [2021] EWHC 663 (Admin) (22 March 2021)
High Court (Chancery Division)
Nakamura v Armstrong [2021] EWHC 654 (Ch) (24 March 2021)
Taylor v Khodabakhsh & Ors [2021] EWHC 655 (Ch) (23 March 2021)
MSD Cash & Carry Ltd, Re [2021] EWHC 639 (Ch) (23 March 2021)
One Blackfriars Ltd, Re [2021] EWHC 684 (Ch) (23 March 2021)
HRH the Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 669 (Ch) (22 March 2021)
Various Claimants v News Group Newspapers Ltd [2021] EWHC 680 (Ch) (22 March 2021)
High Court (Commercial Court)
PJSC National Bank Trust & Anor v Mints & Ors [2021] EWHC 692 (Comm) (23 March 2021)
McFarland-Cruickshanks v England Kerr Hands Solicitors Ltd [2021] EWHC 525 (Comm) (22 March 2021)
Foglia v Family Officer Ltd & Ors [2021] EWHC 650 (Comm) (22 March 2021)
High Court (Queen’s Bench Division)
McGann v Bisping [2021] EWHC 704 (QB) (24 March 202
High Court (Technology and Construction Court)
Source: www.bailii.org
Florence Powell and Stephanie Needleman: How radical an instrument is Section 3 of the Human Rights Act 1998? – UK Constitutional Law Association
‘The operation of the Human Rights Act 1998 (the “HRA”) is currently being reviewed by the Government’s Independent Human Rights Act Review (the “Review”). One of the Review’s key themes is “the impact of the HRA on the relationship between the judiciary, the executive and the legislature”. In respect of this theme, the Terms of Reference ask how s.3 has operated and whether it should be amended or repealed.’
UK Constitutional Law Association, 24th March 2021
Source: ukconstitutionallaw.org
