Rent Repayment Order miscellany – Nearly Legal
‘A couple of Upper Tribunal decisions on rent repayment order appeals, with broader significance.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
Leasehold miscellany – Nearly Legal
‘Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters.’
Nearly Legal, 6th March 2021
Source: nearlylegal.co.uk
Disputed respite care for Ultra-Orthodox Jewish boys: A and B – Law & Religion UK
‘In A and B (Minors: placement, faith) [2021] EWHC 455 (Admin), two brothers of a family of Charedi Jews in north Manchester, acting through their uncle and litigation friend M, challenged Manchester City Council’s decision to offer them respite placement in Birtenshaw, a secular residential home in Greater Manchester, instead of in Bayis Sheli, an exclusively Orthodox Jewish residential home in London. A was 15, turning 16 in June 2021; B was 11 years, turning 12 in September 2021 [11]: they both had medical and behavioural conditions that required a very high level of supervision [12, 13 & 14].’
Law & Religion UK , 4th March 2021
Source: lawandreligionuk.com
Steven Chaplin: Review of Parliaments and the Pandemic – UK Constitutional Law Association
‘As the pandemic moves into its second year, the effects on Parliaments, not only as legislating and accountability bodies but as institutions, are becoming more apparent. What began as a series of emergency measures imposed by government, generally supported by all parties, has given way to longer term concerns regarding government accountability and the sidelining of Parliament, along with some consideration and re-imagining of post-pandemic Parliaments.’
UK Constitutional Law Association, 8th March 2021
Source: ukconstitutionallaw.org
New Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Paccar Inc & Ors v Road Haulage Association Ltd & Ors [2021] EWCA Civ 299 (05 March 2021)
H, Re (Children: Findings of Fact) [2021] EWCA Civ 319 (05 March 2021)
AdActive Media Inc v Ingrouille [2021] EWCA Civ 313 (05 March 2021)
Court of Appeal (Criminal Division)
Rebelo, R. v[2021] EWCA Crim 306 (08 March 2021)
Wellington, R. v [2021] EWCA Crim 294 (05 March 2021)
High Court (Administrative Court)
High Court (Chancery Division)
Pathania v Tashie-Lewis & Anor [2021] EWHC 526 (Ch) (08 March 2021)
HHR The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 510 (Ch) (05 March 2021)
High Court (Family Division)
Kicinski v Pardi [2021] EWHC 499 (Fam) (05 March 2021)
High Court (Queen’s Bench Division)
Toner v Telford Homes Ltd & Ors [2021] EWHC 516 (QB) (05 March 2021)
Glenn v Kline [2021] EWHC 468 (QB) (05 March 2021)
Sahota v Middlesex Broadcasting Corporation Ltd & Ors [2021] EWHC 504 (QB) (05 March 2021)
High Court (Technology and Construction Court)
Sehayek & Anor v Amtrust Europe Ltd [2021] EWHC 495 (TCC) (05 March 2021)
Source: www.bailii.org
Litigation funding agreements are not DBAs, Court of Appeal judges confirm – Litigation Futures
‘Agreements with third-party litigation funders are not damages-based agreements (DBAs), three Court of Appeal judges – albeit sitting in the Divisional Court – have decided.’
Litigation Futures, 8th March 2021
Source: www.litigationfutures.com
£130.5 million to tackle serious violence, murder and knife crime – Home Office
‘Package includes £30 million for police to surge activity in serious violence hotspots and new money to steer young people away from crime.’
Home Office, 8th March 2021
Source: www.gov.uk
UK to depart from GDPR – Law Society’s Gazette
‘The government has sent a first signal of its intention for UK data protection laws to part company with the EU’s General Data Protection Regulation. In a Financial Times article last week, culture secretary Oliver Dowden said he would use the appointment of a new information commissioner to focus not just on privacy but on the use of data for “economic and social goals”.’
Law Society's Gazette, 8th March 2021
Source: www.lawgazette.co.uk
Widow sues NHS over deaf husband’s ‘diabolical’ care – The Guardian
‘A woman is taking legal action against an NHS trust over the “diabolical” and discriminatory treatment of her profoundly deaf husband, who died of cancer in May last year.’
The Guardian, 7th March 2021
Source: www.theguardian.com
Surgeons fear wave of lawsuits over delays to cancer treatment – The Guardian
‘The NHS is facing what doctors fear is “a legal storm” of claims for compensation from patients who could not get cancer treatment during the pandemic. Leading cancer surgeons are warning that patients who could not have surgery at the planned time, or a scan, or see their GP because of Covid-related disruption to services may sue if their cancer subsequently spread.’
The Guardian, 7th March 2021
Source: www.theguardian.com
Low Pay Commission to review minimum wage exemption for domestic staff – The Guardian
‘The government has asked the Low Pay Commission to review a rule exempting live-in domestic workers from minimum wage regulations. It comes after an employment tribunal in December found that the exemption was discriminatory against women. The tribunal heard extensive evidence that women are far more likely to be employed as family workers than men.’
The Guardian, 7th March 2021
Source: www.theguardian.com
Priti Patel orders review into Ruth Williams lockdown killing – BBC News
‘A review into the death of a woman who was killed by her husband has been ordered by the home secretary. Anthony Williams, 70, was jailed for five years after admitting to the manslaughter of his wife Ruth, 67, in south Wales.’
BBC News, 7th March 2021
Source: www.bbc.co.uk
Hospitals forced to repay millions after falsely claiming their maternity units were safe – The Independent
‘NHS hospitals have been forced to pay millions of pounds to regulators after wrongly claiming their maternity units were among the safest in the country.’
The Independent, 7th March 2021
Source: www.independent.co.uk
Repeat homelessness applications and local connection – Garden Court Chambers
‘The Claimant, Mr Minott, applied to Cambridge City Council as homeless in March 2019 and was provided with interim accommodation under s188(1) Housing Act 1996. However the performance of the relief duty under s189B(2) Housing Act 1996 was subsequently referred to Sandwell MBC, on the footing that Mr Minott had a local connection with the district of that authority but did not have a local connection with the district of Cambridge.’
Garden Court Chambers, 26th February 2021
Source: www.gardencourtchambers.co.uk
“You have reached your destination…”; Uber v. Aslam – Parklane Plowden Chambers
‘On 19 February 2021 the Supreme Court delivered its judgment in the long running dispute between Uber and its drivers.’
Parklane Plowden Chambers, 26th February 2021
Source: www.parklaneplowden.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2021
The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 21) Order 2021
The Public Service (Civil Servants and Others) Pensions (Amendment) Regulations 2021
The Wildlife and Countryside Act 1981 (Variation of Schedule 9) (England) Order 2021
The Universal Credit (Childcare in Wales) (Amendment) Regulations 2021
The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2021
The Guaranteed Minimum Pensions Increase Order 2021
The Electricity Supplier Payments (Amendment) Regulations 2021
Source: www.legislation.gov.uk
Coercive and Controlling Behaviours: How are they to be dealt with in fact finding hearings after the recent case of F v M? – Becket Chambers
‘Allegations of domestic abuse are usually raised from the outset by either the applicant or respondent in private law proceedings. Further allegations may be raised at the safeguarding stage, with recommendations by Cafcass as to whether there should be a fact finding hearing, before final resolution of the case.’
Becket Chambers, 3rd March 2021
Source: becket-chambers.co.uk
Forensic Science – Codes of Practice and Joint Statements – 2 Hare Court
‘Two new publications were issued by the Forensic Science Regulator (“FSR”) in February 2021.’
2 Hare Court, 25th February 2021
Source: www.2harecourt.com
Covid and sentencing: a round-up of the relevant authorities – Doughty Street Chambers
‘The pandemic has inarguably made custody more severe. Prisoners spend more time in their cell, have fewer visits, and face a heightened risk of infection. The higher courts have established that sentencing courts should account for such hardship. The below is a round-up of the relevant authorities.’
Doughty Street Chambers, 4th March 2021
Source: insights.doughtystreet.co.uk
