BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Atkinson, R. v [2021] EWCA Crim 153 (11 February 2021)
High Court (Administrative Court)
El Diwany v Solicitors Regulation Authority [2021] EWHC 275 (Admin) (11 February 2021)
High Court (Chancery Division)
Promontoria (Pine) Designated Activity Company v Hancock [2021] EWHC 259 (Ch) (11 February 2021)
Criterion Buildings Ltd v McKinsey & Company Inc (UK) & Anor [2021] EWHC 216 (Ch) (11 February 2021)
HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) (11 February 2021)
Nirro Holdings SA v Patrick O’Brien [2021] EWHC 279 (Ch) (10 February 2021)
High Court (Family Division)
High Court (Queen’s Bench Division)
Trinity House of Deptford Strond v Prescott & Anor [2021] EWHC 283 (QB) (11 February 2021)
Source: www.bailii.org
Three guilty of crossbow killings at Brierley Hill cannabis farm – BBC News
‘An accountant and his father have been convicted of mistakenly killing their relative with a crossbow and murdering a cannabis farm burglar seconds later.’
BBC News, 11th February 2021
Source: www.bbc.co.uk
UK woman who killed disabled son detained in hospital indefinitely – The Guardian
‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’
The Guardian, 11th February 2021
Source: www.theguardian.com
MPs pass ‘long overdue’ bill for ministers’ paid maternity leave – The Guardian
‘MPs have voted to give ministers formal paid maternity leave for the first time, hailed as an “important and long overdue change” as the government pledged to bring forward more sweeping maternity protections before the summer recess.’
The Guardian, 11th February 2021
Source: www.theguardian.com
Watchdogs to inspect controversial barracks housing asylum seekers after health fears – The Independent
‘The UK’s prison and immigration watchdogs are to carry out an investigation of two controversial military barracks that are housing asylum seekers, amid mounting concern about conditions on the sites.’
The Independent, 11th February 2021
Source: www.independent.co.uk
UK government accused of ‘dragging heels’ on racism – The Guardian
‘The government is still “dragging its heels” on racism, according to MPs and race equality campaigners critical of its response to a damning parliamentary report on Black people and human rights.’
The Guardian, 11th February 2021
Source: www.theguardian.com
Highways England referred to Crown Prosecution Service over smart motorway death – The Independent
‘Highways England has been referred to the Crown Prosecution Service to consider if corporate manslaughter charges are appropriate following a smart motorway death.’
The Independent, 11th February 2021
Source: www.independent.co.uk
Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News
‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’
BBC News, 11th February 2021
Source: www.bbc.co.uk
Meghan wins privacy case against Mail on Sunday – The Guardian
‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’
The Guardian, 11th February 2021
Source: www.theguardian.com
London Fire Brigade has only acted on four of 29 recommendations from first stage of Grenfell Inquiry – The Independent
‘The London Fire Brigade (LFB) has only implemented four of the 29 recommendations suggested to it by the first part of the Grenfell inquiry, a new report has found.’
The Independent, 12th February 2021
Source: www.independent.co.uk
Effect on Brexit on Part 26A Arrangements and Reconstructions – Wilberforce Chambers
‘It is one of the ironies of Brexit that the UK has effectively implemented many of the features of the 2019 EU Restructuring Directive[1], providing for restructuring plans with cross-class cram down and moratoria, before all of the remaining EU member states (although the Corporate Insolvency and Governance Act 2020 was avowedly not the implementation of EU law). The EU member states are required to implement the Restructuring Directive by 17 July 2021, although to date only Germany, the Netherlands and Greece have done so and many more are expected to seek an extension of the deadline to July 2022.’
Wilberforce Chambers, February 2021
Source: www.wilberforce.co.uk
The show must now go on – St Ives Chambers
‘In the recent case of Bilta (UK) Ltd and others v SVS Securities Plc and others [2021] EWHC 36 (Ch) Mr Justice Smith considered an application on behalf of the Fifth Defendant, Traditional Financial Services (‘TFS’), for an adjournment 1 week before the commencement of a 5 week trial. The case was to be heard in the Rolls Building as part of the Financial List.’
St Ives Chambers, February 2021
Source: www.stiveschambers.co.uk
Court of Protection Newsletter – Spire Barristers
‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 10th February 2021
Source: spirebarristers.co.uk
Insolvent Defendants – St John’s Chambers
‘The continuing impact of the Covid-19 pandemic is slowly but surely beginning to cast a shadow over personal injury claims. As the months have rolled on, viable businesses, starved of custom, are facing the prospect of being forced to cease trading. Those same businesses are the Defendants in many ongoing and pending claims. So, what happens when a Defendant becomes insolvent?’
St John's Chambers, February 2021
Source: stjohnsbuildings.com
Legal issues relating to trees – New Square Chambers
‘Trees can provoke a surprising number of legal disputes which frequently lead to either civil or even criminal litigation.’
New Square Chambers, 1st February 2021
Source: www.newsquarechambers.co.uk
Employment Law Case Update – St John’s Buildings
‘2020 saw the Employment Tribunal and higher courts give out fewer judgments due to the pandemic. However, all was not lost and there were still some key judgments shaping the employment sphere and that will no doubt be of interest to lawyers and HR professionals alike.’
St John's Buildings, 8th February 2021
Source: stjohnsbuildings.com
Know your limits, show your limits: Lessons from Food Standards Agency v Bakers of Nailsea Ltd (2020) – St Philips Barristers
‘The Food Standards Agency (“FSA”) made three applications for the issue of a summons to commence proceedings against Bakers of Nailsea Ltd (“BNL”), the food business operator for an abattoir in Nailsea, near Bristol, for offences contrary to the Food Safety and Hygiene (England) Regulations 2013 (“the 2013 Regulations”).’
St Philips Barristers, 9th February 2021
Source: st-philips.com
Secondary Victim Claims – Clinical Negligence and Proximity – No. 5 Chambers
‘On 5 February 2021, Master Cook handed down judgment in the case of Polmear and another v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB), dismissing the Defendant’s application to strike out the claims and/or for summary judgment. He gave permission to appeal and made an order “leapfrogging” the appeal to the Court of Appeal, pursuant to CPR 53.23.’
No. 5 Chambers, 8th February 2021
Source: www.no5.com
