BAILII: Recent Decisions
Court of Appeal (Civil Division)
Prudential Assurance Company Ltd and Rothesay Life Plc, Re [2020] EWCA Civ 1626 (02 December 2020)
Court of Appeal (Criminal Division)
Porch, R v [2020] EWCA Crim 1633 (03 December 2020)
Ahmad v Health and Safety Executive [2020] EWCA Crim 1635 (03 December 2020)
Nelson v R [2020] EWCA Crim 1615 (02 December 2020)
High Court (Administrative Court)
Aleksandra Siuda v Sad Okregowy, Kielce, Poland [2020] EWHC 3316 (Admin) (03 December 2020)
High Court (Family Division)
High Court (Queen’s Bench Division)
Guest Supplies Intl Ltd v South Place Hotel Ltd & Anor [2020] EWHC 3307 (QB) (03 December 2020)
Chocken v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3269 (QB) (02 December 2020)
Hayden v Dickenson [2020] EWHC 3291 (QB) (02 December 2020)
Source: www.bailii.org
When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer
‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’
Local Government Lawyer, 3rd December 2020
Source: www.localgovernmentlawyer.co.uk
Court of Appeal upholds adoption after rare hearing of substantive application for revocation – Local Government Lawyer
‘The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.’
Local Government Lawyer, 3rd December 2020
Source: www.localgovernmentlawyer.co.uk
Ashbolt v HMRC [2020] STC 1813 – CrimeCast.Law
‘The case arose from the response of certain taxpayers and their professional advisers to the Treasury’s introduction of the so called ‘loan charge’ under the Finance Act (No 2) 2017, which was intended to enable HM Revenue and Customs to put an end to what had become a widespread practice of avoiding income tax by characterising payments as loans rather than income. HMRC commenced a criminal investigation into the conduct of a number of subscribers to a particular tax avoidance scheme and, in the course of that investigation, they obtained and executed search warrants relating to both residential and business premises. The question arose whether the first set of access conditions in paragraph 2 to Scheduled 1 of PACE, and whether the further condition in paragraph 14(d) of that schedule had been satisfied. It prompted the Divisional Court to issue a stern warning about the need for scrupulous care in presenting such an application and the court also gave guidance on how, in practical terms, the judge to whom the application is made should be assisted in focusing on the key issues which he or she needs to resolve …’
CrimeCast.Law, 30th November 2020
Source: crimecast.law
Divorce in Later Life – Family Law
‘Karin Walker, Founder of KGW Family Law, explains the issues of specific concern for family lawyers acting for “silver splitters.”’
Family Law, 2nd December 2020
Source: www.familylawweek.co.uk
Home Office urged to ensure better access to legal advice after Jamaicans taken off flight in eleventh hour – The Independent
‘The Home Office is being urged to ensure people facing deportation have adequate access to legal advice prior to their removal after tens of Jamaican nationals were taken off a charter flight following a last-minute legal intervention.’
The Independent, 3rd December 2020
Source: www.independent.co.uk
A substantive review of the landmark decision in Taylor v Jaguar Land Rover Limited and the protection it provides for those who identify as non-binary and gender fluid under the Equality Act 2010 – Lamb Chambers
‘In September 2020, the Employment Tribunal ruled in Taylor v Jaguar Land Rover Limited that the definition of gender reassignment under section 7 Equality Act 2010 (“EA 2010”) covers employees who identify as non-binary and gender fluid. The Claimant, Ms Taylor, successfully claimed direct discrimination, harassment and victimisation on the grounds of gender reassignment.’
Lamb Chambers, November 2020
Source: www.lambchambers.co.uk
Young black males in London ’19 times more likely to be stopped and searched’ – The Guardian
‘Young black males in London were 19 times more likely to be stopped and searched than the general population, a study of official data shows.’
The Guardian, 3rd December 2020
Source: www.theguardian.com
Piers Corbyn guilty of lockdown protest restrictions breach – BBC News
‘Piers Corbyn has been found guilty of breaching coronavirus restrictions at an anti-lockdown gathering.’
BBC News, 2nd December 2020
Source: www.bbc.co.uk
Government plans ban on controversial live animal exports – The Independent
‘The government has said it is planning to ban the export of live animals for slaughter and fattening, as it seeks to “strengthen the UK’s position as a world leader on animal welfare”.’
The Independent, 3rd December 2020
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
ZK v London Borough of Redbridge [2020] EWCA Civ 1597 (01 December 2020)
Curo Places Ltd v Pimlett [2020] EWCA Civ 1621 (01 December 2020)
High Court (Administrative Court)
Social Work England v Micu [2020] EWHC 3283 (Admin) (30 November 2020)
High Court (Chancery Division)
PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3297 (Ch) (02 December 2020)
Cohen v Fine & Ors [2020] EWHC 3278 (Ch) (01 December 2020)
High Court (Queen’s Bench Division)
Torrance v Bradberry [2020] EWHC 3260 (QB) (01 December 2020)
Nwakamma & Ors v Umeyor [2020] EWHC 3262 (QB) (01 December 2020)
Source: www.bailii.org
New criminal record disclosure rules take effect – UK Human Rights Blog
‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’
UK Human Rights Blog, 1st December 2020
Source: ukhumanrightsblog.com
Child Trust Fund court fees waived for parents – Ministry of Justice
‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’
Ministry of Justice, 1st December 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
High Court rules out “retrospective” arbitration appeal – Litigation Futures
‘The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.’
Litigation Futures, 2nd December 2020
Source: www.litigationfutures.com
CPS says: How we’re working to overcome harmful rape myths and stereotypes – Crown Prosecution Service
‘As an experienced prosecutor of rape and serious sexual offences, I never underestimate the courage it takes for a victim to report such a deeply violating and distressing event to police. CPS staff, especially those on our RASSO teams are all too aware of the unique barriers many face when deciding whether to report offences relating to sexual assault; these include shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from the community.’
Crown Prosecution Service, 29th November 2020
Source: www.cps.gov.uk
R (RD) v Justice Secretary [2020] EWCA Civ 1346 – CrimeCast.Law
‘This was the second of a pair of recent cases which suggest that police officers and those who aspire to be police officers are held to a higher standard than the general public whom the police are sworn to protect. I discussed yesterday R v Luckett (Michael David) [2020] EWCA Crim 565, which illustrated the approach taken by the Criminal Division of the Court of Appeal to the sentencing of offences of misconduct in a public office by serving police officers. The case of R (RD) v Justice Secretary addresses the rigorous disclosure requirements imposed on those who apply to become police constables or police cadets. It prompted the Civil Division of the Court of Appeal to consider the application of Article 8(2) of the European Convention on Human Rights to candidates for the police service – specifically whether the current regime for the rehabilitation of offenders and for the disclosure of convictions, cautions and reprimands is in accordance with law and necessary in a democratic society …’
CrimeCast.Law, 30th November 2020
Source: crimecast.law
Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary
‘Lord Chief Justice press conference December 2020’
Courts and Tribunals Judiciary, 2nd December 2020
Source: www.judiciary.uk
