BAILII: Recent Decisions

Posted December 15th, 2020 in law reports by sally

Court of Appeal (Civil Division)

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)

Libyan Investment Authority & Ors v King & Ors [2020] EWCA Civ 1690 (14 December 2020)

High Court (Administrative Court)

IO v The Secretary of State for the Home Department [2020] EWHC 3420 (Admin) (14 December 2020)

DMA & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) (14 December 2020)

High Court (Chancery Division)

MacKay v Wesley [2020] EWHC 3400 (Ch) (14 December 2020)

High Court (Queen’s Bench Division)

Colley v Shuker & Ors [2020] EWHC 3433 (QB) (14 December 2020)

Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) (14 December 2020)

Source: www.bailii.org

Commercial sets back scheme to fund criminal law pupillages – Legal Futures

Posted December 15th, 2020 in barristers, coronavirus, criminal justice, news, pupillage by sally

‘Eight commercial chambers have signed up to a Bar Council scheme to fund criminal law pupillages that would otherwise not be available because of the Covid-19 pandemic.’

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Legal Futures, 15th December 2020

Source: www.legalfutures.co.uk

Big firm reveals 23% pay gap between white and BAME staff – Law Society’s Gazette

Posted December 15th, 2020 in diversity, law firms, minorities, news, remuneration, reports by sally

‘Listed firm DWF has published its ethnicity pay gap for the first time, admitting it is “not where it needs to be” in terms of black, Asian and minority ethnic (BAME) representation at senior levels. According to the firm’s annual pay gap report, BAME employees and partners earn 23% less on average than their white colleagues. The combined ethnicity bonus gap is 22% in mean terms.’

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Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

Law conversion course applications jump by nearly a quarter since pandemic – The Guardian

Posted December 15th, 2020 in coronavirus, legal education, news, statistics, universities by sally

‘According to the Central Applications Board (CAB), applications for the GDL increased by 22.5% from 2019 to 2020. Numbers are rising and providers say it’s down to Covid. “We have had a bumper GDL intake this year, which I reckon is our highest intake for years,” says Tony Storey, programme leader at Northumbria University.

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The Guardian, 15th December 2020

Source: www.theguardian.com

LoveHolidays to refund £18m for cancelled holidays – BBC News

Posted December 15th, 2020 in coronavirus, holidays, news, regulations, repayment by sally

‘LoveHolidays, one of the UK’s biggest online travel agents, has been ordered to refund £18m to more than 40,000 customers after their trips were cancelled due to the coronavirus outbreak.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

Teenager stabbed mother more than 100 times, inquest told – The Guardian

Posted December 15th, 2020 in autism, families, inquests, news, unlawful killing by sally

‘A teenager stabbed their mother more than 100 times before dialling 999 and calmly telling police to “bring a body bag”, an inquest heard.’

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The Guardian, 14th December 2020

Source: www.theguardian.com

Coronavirus: Greenwich Council told ‘keep schools open’ – BBC News

Posted December 15th, 2020 in coronavirus, local government, London, news, regulations, school children by sally

‘The government has told a London council it must keep schools open or face legal action.’

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BBC News, 15th December 2020

Source: www.bbc.co.uk

Online harms bill: firms may face multibillion-pound fines for illegal content – The Guardian

Posted December 15th, 2020 in bills, child abuse, consumer protection, fines, internet, news, suicide, terrorism by sally

‘Social media companies will need to remove and limit the spread of harmful content or face fines of billions of pounds, the UK government has announced, as it finally reveals the details of its proposed internet regulation. The online harms bill, first proposed by Theresa May’s government in April 2019, sets out strict new guidelines governing removal of illegal content such as child sexual abuse, terrorist material and media that promotes suicide, which sites must obey or face being blocked in the UK.’

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The Guardian, 15th December 2020

Source: www.theguardian.com

Home Office unlawfully leaving destitute and disabled asylum-seekers homeless, High Court rules – The Independent

Posted December 15th, 2020 in asylum, disabled persons, government departments, homelessness, housing, news by sally

‘The Home Office is leaving destitute asylum-seekers homeless in breach of the law due to its failure to monitor the operations of private firms contracted to manage asylum accommodation, the High Court has ruled. In a ruling handed down on Monday morning, Justice Robin Knowles found that the five claimants in the case – all asylum-seekers considered by the Home Office itself to be “highly vulnerable” and eligible for housing support – had been left homeless for prolonged periods.’

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The Independent, 15th December 2020

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 14th, 2020 in legislation by sally

The Health Protection (Coronavirus, Restrictions) (Self-Isolation and Linked Households) (England) Regulations 2020

The Health Protection (Coronavirus, International Travel and Public Health Information) (England) (Amendment) (No. 2) Regulations 2020

The Tax Credits, Childcare Payments and Childcare (Extended Entitlement) (Coronavirus and Miscellaneous Amendments) Regulations 2020

The Designation of Rural Primary Schools (England) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 14th, 2020 in law reports by sally

High Court (Chancery Division)

Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd & Ors [2020] EWHC 3399 (Ch) (11 December 2020)

High Court (Commercial Court)

Ness Global Services Ltd v Perform Content Services Ltd [2020] EWHC 3394 (Comm) (10 December 2020)

High Court (Queen’s Bench Division)

Ampalam v Karthik [2020] EWHC 3407 (QB) (11 December 2020)

High Court (Technology and Construction Court)

Alebrahim v BM Design London Ltd [2020] EWHC 3393 (TCC) (11 December 2020)

Sainsbury’s Supermarkets Ltd v Ryan Jayberg Ltd [2020] EWHC 3404 (TCC) (11 December 2020)

Source: www.bailii.org

Collective Actions in the Supreme Court – Competition Bulletin from Blackstone Chambers

Posted December 14th, 2020 in appeals, banking, chambers articles, class actions, compensation, competition, consumer protection, damages, financial regulation, financial services ombudsman, news, Supreme Court by sally

‘The big news from today’s UK Supreme Court collective action decision in Mastercard v Merricks [2020] UKSC 51 is not only that Mr Merricks won and defeated the appeal, but that the Supreme Court approached the issues in a far more claimant-friendly way than even the Court of Appeal had done.’

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Competition Bulletin from Blackstone Chambers, 11th December 2020

Source: competitionbulletin.com

Mastercard judgment ‘lowers bar’ for collective action – Law Society’s Gazette

Posted December 14th, 2020 in appeals, banking, class actions, compensation, competition, consumer protection, damages, financial regulation, financial services ombudsman, news, Supreme Court by sally

‘The Supreme Court’s ruling against Mastercard will make it easier for group damages claims to proceed to trial, commentators have said. However, the card issuer’s solicitors have stressed the “very unusual circumstances” of the judgment, in which justices were divided on key issues.’

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Law Society's Gazette, 11th December 2020

Source: www.lawgazette.co.uk

BAILII grants access to judgments for mass AI analysis – Law Society’s Gazette

Posted December 14th, 2020 in artificial intelligence, judgments, news, universities by sally

‘England and Wales court judgments are for the first time being opened to mass analysis by artificial intelligence, the Gazette can reveal. Under an agreement announced today, the British and Irish Legal Information Institute (BAILII) has granted academics at Oxford University bulk access to its database of 400,000 judgments for research purposes.’

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Law Society's Gazette, 14th December 2020

Source: www.lawgazette.co.uk

Rape and sexual assault: ‘Money needed’ to speed up investigations – BBC News

Posted December 14th, 2020 in charities, criminal justice, Crown Prosecution Service, news, police, prosecutions, rape, sexual offences, statistics, victims by sally

‘Police and prosecutors need more resources as sexual assault and rape investigations are taking longer, a charity that supports victims has said.’

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BBC News, 14th December 2020

Source: www.bbc.co.uk

Surrogacy and HFEA Update: December 2020 (Part 1) – Family Law Week

Posted December 14th, 2020 in care orders, children, families, family courts, news, surrogacy by sally

‘In the first part of his surrogacy and HFEA update, Andrew Powell of 4PB analyses some important recent judgments within the England and wales jurisdiction.’

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Family Law Week, 10th December 2020

Source: www.familylawweek.co.uk

Financial Remedy Update, December 2020 – Family Law Week

Posted December 14th, 2020 in appeals, birth certificates, coronavirus, divorce, domestic violence, equality, families, family courts, legal aid, legal profession, legal representation, mental health, news, statistics, Supreme Court, transgender persons by sally

‘Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2020.’

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Family Law Week, 10th December 2020

Source: www.familylawweek.co.uk

UK ‘reneges on vow to reunite child refugees with families’ – The Guardian

Posted December 14th, 2020 in asylum, charities, children, families, government departments, immigration, news, refugees by sally

‘Unaccompanied children in France are being told by the French authorities that they should give up hope of being reunited with family in the UK after the Home Office failed to offer the help it had promised. With the deadline to enter the UK legally and safely under the EU’s family reunification rules due to expire at the end of the year, the Home Office is accused of reneging on its vow to help unaccompanied children reunite with family in the UK.’

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The Guardian, 13th December 2020

Source: www.theguardian.com

‘Stockwell Six’: two men could have convictions overturned – The Guardian

Posted December 14th, 2020 in appeals, assault, corruption, Criminal Cases Review Commission, criminal justice, news, police, race discrimination, racism, robbery, theft by sally

‘Two men who were jailed nearly 50 years ago on the word of a corrupt detective could finally have their names cleared.
The cases of two members of the so-called “Stockwell Six”, who were accused of attempting to rob that officer on the underground, are now being referred to the court of appeal by the Criminal Cases Review Commission (CCRC).’

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The Guardian, 14th December 2020

Source: www.theguardian.com

All Windrush victims to get at least £10,000 – BBC News

Posted December 14th, 2020 in colonies, compensation, deportation, documents, government departments, immigration, news, passports, victims by sally

‘The government is to give more money to victims of the Windrush scandal, which saw hundreds of people wrongly threatened with deportation.’

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BBC News, 14th December 2020

Source: www.bbc.co.uk