New Judgment: Financial Conduct Authority v Arch Insurance (UK) Ltd and Ors [2021] UKSC 1 – UKSC Blog

‘In March 2020, the UK Government began to take a series of measures to combat the transmission of COVID-19. The present appeals considered the impact of these actions and measures on 28 clauses in the 21 lead policies written by the Appellant Insurers.’

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UKSC Blog, 15th January 2021

Source: ukscblog.com

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

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UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org

Solo 45 has jail term increased to 30 years on appeal – BBC News

Posted January 18th, 2021 in appeals, news, rape, sentencing, sexual offences, victims by sally

‘A grime artist convicted of repeatedly raping four women has had his jail sentence increased on appeal.’

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BBC News, 16th January 2021

Source: www.bbc.co.uk

Firms accused of putting workers’ lives at risk by bending lockdown trading rules – The Guardian

Posted January 18th, 2021 in coronavirus, employment, enforcement, health & safety, news, ombudsmen by sally

‘Irresponsible firms are exploiting looser lockdown regulations to bring thousands of non-essential workers into sometimes busy workplaces, with little chance of enforcement action by the nation’s safety watchdog.’

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The Guardian, 16th January 2021

Source: www.theguardian.com

Law Society calls for two-week pause of non-custodial Crown and Magistrates court work – Local Government Lawyer

‘The Law Society has called for urgent action including a possible two-week pause of non-custodial Crown and magistrates’ court work “amid escalating safety concerns”.’

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Local Government Lawyer, 15th January 2021

Source: www.localgovernmentlawyer.co.uk

Families of citizens dying after contact with police still await justice – The Guardian

‘Relatives of people who have died after contact with the police have told of their distrust in and dissatisfaction with the ability of the complaints system to help deliver justice.’

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The Guardian, 18th January 2021

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 18th, 2021 in legislation by sally

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 4) Regulations 2021

The Criminal Procedure (Amendment) Rules 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 18th, 2021 in law reports by sally

Court of Appeal (Civil Division)

The White Lion Hotel (A Partnership) v James [2021] EWCA Civ 31 (15 January 2021)

Sarnoff v YZ [2021] EWCA Civ 26 (15 January 2021)

High Court (Administrative Court)

Parkview Homes Ltd, R (On the Application Of) v Chichester District Council [2021] EWHC 59 (Admin) (15 January 2021)

Professional Standards Authority for Health And Social Care v Health And Care Professions Council & Anor [2021] EWHC 52 (Admin) (15 January 2021)

Source: www.bailii.org

Transparency failures put three firms in the dock – Legal Futures

‘Law firms in London, Manchester and Bath have become the first sanctioned for failing to publish price and service information, with compliance made a condition of their authorisation.’

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Legal Futures, 15th January 2021

Source: www.legalfutures.co.uk

Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal – Nearly Legal

Posted January 15th, 2021 in appeals, housing, local government, news, penalties, tribunals by sally

‘Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020.Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ.

In this case, the Court of Appeal considered the civil penalties for a “relevant housing offence” imposed under s.249A of the Housing Act 2004 (the 2004 Act) by Norwich City Council on Mr Nicholas Sutton.

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Nearly Legal, 14th January 2021

Source: nearlylegal.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 15th, 2021 in legislation by sally

The Tax Credits Reviews and Appeals (Amendment) Order 2021

The Health Protection (Coronavirus, Pre-Departure Testing and Operator Liability) (England) (Amendment) Regulations 2021

The Chief Regulator of Qualifications and Examinations Order 2021

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 3) Regulations 2021

The Countryside Stewardship (England) (Amendment) Regulations 2021

The Health and Care Professions Council (Coronavirus) (Amendment) Rules Order of Council 2021

The General Pharmaceutical Council (Coronavirus) (Amendment) Rules Order of Council 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 15th, 2021 in law reports by sally

Supreme Court

The Financial Conduct Authority & Ors v Arch Insurance (UK) Ltd & Ors [2021] UKSC 1 (15 January 2021)

Court of Appeal (Civil Division)

Rowe & Ors v Ingenious Media Holdings PLC & Ors [2021] EWCA Civ 29 (15 January 2021)

Wright v Granath [2021] EWCA Civ 28 (15 January 2021)

Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 (15 January 2021)

Large v Hart & Anor [2021] EWCA Civ 24 (15 January 2021)

Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23 (15 January 2021)

Z v University Hospitals Plymouth NHS Trust (NO 2) [2021] EWCA Civ 22 (13 January 2021)

Sutton v Norwich City Council [2021] EWCA Civ 20 (13 January 2021)

WA (Palestinian Territories), R (On the Application Of) v The Secretary of State for the Home Department [2021] EWCA Civ 12 (13 January 2021)

Friends of the Earth Ltd, R (On the Application Of) v Secretary of State for Transport [2021] EWCA Civ 13 (13 January 2021)

Court of Appeal (Criminal Division)

Hamilton & Ors v Post Office Ltd [2021] EWCA Crim 21 (15 January 2021)

Felstead & Ors v Post Office Ltd [2021] EWCA Crim 25 (15 January 2021)

Uddin & Anor v R. [2021] EWCA Crim 14 (13 January 2021)

High Court (Administrative Court)

Brown v Hambleton District Council [2021] EWHC 1 (Admin) (15 January 2021)

RS, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 54 (Admin) (14 January 2021)

High Court (Chancery Division)

Hinkel v Simmons & Simmons LLP [2021] EWHC 55 (Ch) (15 January 2021)

Byers & Ors v Samba Financial Group [2021] EWHC 60 (Ch) (15 January 2021)

Kent v Guest [2021] EWHC 51 (Ch) (14 January 2021)

Euro Accessories Ltd, Re [2021] EWHC 47 (Ch) (13 January 2021)

General Electric Company v AI Alpine UA Bidco Inc & Ors [2021] EWHC 45 (Ch) (13 January 2021)

High Court (Commercial Court)

Ardent Advisors Ltd v UK Web Media Ltd & Ors [2021] EWHC 63 (Comm) (15 January 2021)

Net Insurance SPA & Anor v Torzi & Ors [2021] EWHC 26 (Comm) (12 January 2021)

High Court (Family Division)

A Local Authority v JK & Anor [2021] EWHC 33 (Fam) (15 January 2021)

High Court (Patents Court)

Top Optimized Technologies SL (A Company Incorporated Under the Laws of Spain) & Anor v Vodafone Group Services Ltd & Ors [2021] EWHC 46 (Pat) (14 January 2021)

High Court (Queen’s Bench Division)

Soriano v Forensic News LLC & Ors [2021] EWHC 56 (QB) (15 January 2021)

Source: www.bailii.org

Remote hearings in family proceedings – how is justice perceived? – Family Law

Posted January 15th, 2021 in coronavirus, families, family courts, news, remote hearings by sally

‘The motion for the recent Kingsley Napley debate: “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against. With an audience made up of over a hundred family lawyers and barristers, this result was no doubt influenced by their experience of remote court hearings heard either via video link or by telephone over the last six months, since the national lockdown in March.’

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Family Law, 14th January 2021

Source: www.familylaw.co.uk

Police to implement strict bail conditions on domestic abuse and sexual violence suspects under new measures – The Independent

Posted January 15th, 2021 in bail, bills, domestic violence, news, police, sexual offences by sally

‘Police will now be able to implement strict bail conditions on more suspects in high-harm cases where the victim has suffered domestic abuse or sexual violence.’

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The Independent, 14th January 2021

Source: www.independent.co.uk

Sexual harassment victims ‘less likely to be believed if they are seen as less feminine’ – The Independent

Posted January 15th, 2021 in harassment, news, sex discrimination, sexual offences, victims, women by sally

‘Women that suffer sexual harassment who are deemed to be less stereotypically feminine are less likely to have their allegations believed, a new study has found.’

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The Independent, 14th January 2021

Source: www.independent.co.uk

Government rejects report it will lower workers’ rights post-Brexit – The Guardian

Posted January 15th, 2021 in brexit, EC law, employment, government departments, news by sally

‘The government has rejected a report that following Brexit, it plans to tear up employment protections based in EU law – a strategy that Labour has called “a disgrace”.’

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The Guardian, 14th January 2021

Source: www.theguardian.com

Bedford hospital: ‘Risk of baby abduction’ at ‘inadequate’ maternity unit – BBC News

Posted January 15th, 2021 in birth, children, families, hospitals, kidnapping, news, ombudsmen, whistleblowers by sally

‘Maternity services at a hospital have been downgraded to “inadequate” after inspectors found a “potential risk for baby abduction”. The Care Quality Commission (CQC) inspected Bedford Hospital’s maternity services in November following “14 whistle-blower inquiries”.’

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BBC News, 15 January 2021

Source: www.bbc.co.uk

Technical issue resolved after ‘150,000 police records lost – BBC News

Posted January 15th, 2021 in computer programs, criminal records, government departments, news, police by sally

‘The government is assessing the impact of a “technical issue” that led to 150,000 records being deleted from police databases.’

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BBC News, 15th January 2021

Source: www.bbc.co.uk

Court of Appeal rules on whether VAT is payable on top of caps on costs in Aarhus Convention claims – Local Government Lawyer

Posted January 14th, 2021 in airports, civil procedure rules, costs, news, statutory interpretation, treaties, VAT by sally

‘The caps set out in the Civil Procedure Rules on the costs payable by losing parties in Aarhus Convention claims are inclusive of VAT, the Court of Appeal has ruled as part of the third Heathrow runway litigation.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk

Court of Appeal dismisses appeal by company director over £99k penalties for breaches of HMO regulations, non-compliance with enforcement notices – Local Government Lawyer

‘The Court of Appeal has rejected a company director’s appeal over penalties amounting to £99,000 imposed by the Upper Tribunal for breaches of regulations covering houses in multiple occupation (HMOs), and non-compliance with enforcement notices.’

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Local Government Lawyer, 13th January 2021

Source: www.localgovernmentlawyer.co.uk