BAILII: Recent Decisions
High Court (Chancery Division)
The Shahjalal Mosque and Islamic Centre, Re [2021] EWHC 324 (Ch) (18 February 2021)
Source: www.bailii.org
Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer
‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’
Local Government Lawyer, 18th February 2021
Source: www.localgovernmentlawyer.co.uk
Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer
‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’
Local Government Lawyer, 19th February 2021
Source: www.localgovernmentlawyer.co.uk
Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers
‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’
Garden Court Chambers, 17th February 2021
Source: www.gardencourtchambers.co.uk
New witness statements Practice Direction approved – Courts and Tribunals Judiciary
‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’
Courts and Tribunals Judiciary, 18th February 2021
Source: www.judiciary.gov.uk
Directors’ duties to disclose conflicts of interest: Fairford Water Ski Club v Cohoon & Craig Cohoon Watersports [2021] EWCA Civ 143 – Guildhall Chambers
‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’
Guildhall Chambers, 15th February 2021
Source: www.guildhallchambers.co.uk
Suspended sentence for woman who live streamed video of boyfriend’s trial – Law Society’s Gazette
‘A woman who live streamed her partner’s Crown court trial on Facebook after videoing from the public gallery has received a four-month prison sentence, suspended for two years.’
Law Society's Gazette, 18th February 2021
Source: www.lawgazette.co.uk
Contentious Wills & Probate Case Law Roundup 2020: Part II – Parklane Plowden Chambers
‘Two validity cases in particular stood out last year and both turned on whether or not a testator suffered from “insane delusions” rendering their wills invalid. There are fewer reported cases giving guidance on this strand of the Banks v Goodfellow test (most cases I deal with revolve around old age psychiatry) so these recent cases are worth some scrutiny.’
Parklane Plowden Chambers, 12th February 2021
Source: www.parklaneplowden.co.uk
Covid: Cwmbran man jailed for killing wife in lockdown – BBC News
‘A man has been jailed for five years for killing his wife during the first coronavirus lockdown in March.’
BBC News, 18th February 2021
Source: www.bbc.co.uk
At-home early medical abortions should be made permanent, say advocacy groups – The Guardian
‘Covid legislation in England allows patients in first 10 weeks of pregnancy to take pills at home.’
The Guardian, 18th February 2021
Source: www.theguardian.com
Court refuses former Met Police officer’s appeal against indecent image conviction – The Independent
‘A disgraced former police officer has had an appeal against an indecent image conviction refused.’
The Independent, 18th February 2021
Source: www.independent.co.uk
Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian
‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’
The Guardian, 18th February 2021
Source: www.theguardian.com
UK’s £1,000 child citizenship fee ruled unlawful by appeal court – The Guardian
‘Home Office fees of £1,000 for children to register as British citizens are unlawful, the court of appeal has upheld in a landmark ruling.’
The Guardian, 18th February 2021
Source: www.theguardian.com
Cleveland Police ‘making progress but concerns remain’ – BBC News
‘A police force previously dubbed “clueless” is making progress but areas of concern remain, a watchdog has said.’
BBC News, 19th February 2021
Source: www.bbc.co.uk
Woman jailed after sending pig’s head to ex-boyfriend – The Independent
‘A woman who sent her ex-boyfriend a pig’s head during a prolonged stalking campaign has been jailed.’
The Independent, 18th February 2021
Source: www.independent.co.uk
Family Law Newsletter – Spire Barristers
‘Issue #43 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella. Francesca is due to begin pupillage at Spire Barristers in September 2021.’
Spire Barristers, 16th February 2021
Source: spirebarristers.co.uk
Anti-Discrimination and Harassment Training – Pump Court Chambers
‘The Employment Appeal Tribunal has recently prescribed annual booster / refresher training for employers on Equality and Diversity in order to ensure that it is effective in eliminating harassment in the workplace.’
Pump Court Chambers, 17th February 2021
Source: www.pumpcourtchambers.com
Court refuses to approve tainted fiduciary decision making (Schumacher v Clarke) – New Square Chambers
‘The court was faced with a category 2 and 3 Public Trustee v Cooper application principally for the approval of a momentous decision. The court was initially asked to approve the entirety of a settlement reached between four trustees split into two camps but later asked to approve only the dispositive elements of the settlement. The settlement unusually resolved disputes between the trustees rather than between trustees and beneficiaries or third parties. The court was concerned with mutual allegations of inappropriate action as fiduciaries and the failure of both sides to manage conflicts of interest in arriving at a settlement. After stressing that such factors could impair the decision reached and which the court was asked to approve, the court refused its approval of part of the settlement. Written by James Saunders, barrister, at New Square Chambers.’
New Square Chambers, 11th February 2021
Source: www.newsquarechambers.co.uk
