Covid fine review welcomed by ‘intimidated’ women – BBC News
‘Two women who criticised a police force for its “intimidating” approach to lockdown fines have welcomed a review.’
BBC News, 10th January 2021
Source: www.bbc.co.uk
The Domestic Abuse Bill and family courts – Transparency Project
‘As was noted in the “Harm report” published in June last year and the Family Justice Council forum that was held on 14 December, there is mounting concern about the way family courts deal with allegations of domestic abuse that arise in some contact disputes.’
Transparency Project, 10th January 2021
Source: www.transparencyproject.org.uk
Ping Pong and fire safety – Nearly Legal
‘Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the Grenfell Tower disaster, it has become clear that there are hundreds of thousands (if not millions) of dwellings across England and Wales which have fire safety problems, either as a result of how they were originally constructed or because of conversion/adaptation works. Those problems are not limited to ACM cladding (which was the kind of cladding on Grenfell Tower) but also includes lots of other types cladding (including something called HPL cladding, in essence, wood-effect), and the absence of fire breaks (designed to stop fire spreading from one flat to another), defective or absent fire doors.’
Nearly Legal, 10th January 2021
Source: nearlylegal.co.uk
McFarlane tells family judges to curb out-of-hours hearings – Legal Futures
‘The president of the Family Division has told judges and lawyers to stop the increasing practice of holding virtual hearings outside of normal court hours, citing wellbeing concerns.’
Legal Futures, 8th January 2021
Source: www.legalfutures.co.uk
Non-fatal strangulation set to become criminal offence in England and Wales – The Guardian
‘The government is set to make non-fatal strangulation a specific criminal offence, with perpetrators facing up to seven years in prison after a sustained campaign from victims and activists.’
The Guardian, 10th January 2021
Source: www.theguardian.com
Tribunal finds law firm unfairly dismissed paralegal – Legal Futures
‘A law firm dismissed a paralegal because he was close to his supervisor, with whom it was in dispute, rather than due to the allegations levied against him, an employment tribunal has ruled.’
Legal Futures, 11th January 2021
Source: www.legalfutures.co.uk
6 UK Human Rights Issues And Trends To Watch In 2021 – Each Other
‘It’s clear that coronavirus will inevitably continue to be one of the biggest rights issues of 2021 – but it’s not the only thing that should be on our radar. This selection of things to look out for – some quite specific and some more general – is by no means exhaustive and, as the last year has shown, there’s no way we can accurately predict the future. However, there are pressing issues on the horizon – here are just a few, in no particular order.’
Each Other, 8th January 2021
Source: eachother.org.uk
Covid leading to four-year waits for England and Wales court trials – The Guardian
‘Defendants, victims including teenagers, and witnesses are having to wait up to four years from the time of an alleged offence to the case reaching crown court trial because of delays caused mainly by Covid.’
The Guardian, 10th January 2021
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Health Protection (Coronavirus, International Travel) (England) (Amendment) Regulations 2021
The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021
The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2021
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Allsop v Banner Jones Ltd (t/a Banner Jones Solicitors) [2021] EWCA Civ 7 (08 January 2021)
Court of Appeal (Criminal Division)
Reynolds, R. v [2021] EWCA Crim 10 (08 January 2021)
High Court (Administrative Court)
Privacy International v Investigatory Powers Tribunal [2021] EWHC 27 (Admin) (08 January 2021)
High Court (Chancery Division)
Coward Phaestos Ltd & Ors [2021] EWHC 9 (Ch) (08 January 2021)
Ceviz v Frawley & Anor [2021] EWHC 8 (Ch) (08 January 2021)
Bernel Ltd v Canal and River Trust [2021] EWHC 16 (Ch) (08 January 2021)
PA Consulting Group Ltd, Re [2021] EWHC 29 (Ch) (07 January 2021)
High Court (Family Division)
High Court (Queen’s Bench Division)
High Court (Technology and Construction Court)
TRW Ltd v Panasonic Industry Europe GmbH & Anor [2021] EWHC 19 (TCC) (08 January 2021)
Source: www.bailii.org
Visiting care home residents – the rules – Doughty Street Chambers
‘This blog summarises the new care home visiting rules across the UK’s four nations of England, Scotland, Wales and Northern Ireland.’
Doughty Street Chambers, 5th January 2021
Source: insights.doughtystreet.co.uk
Court of Appeal criticises the Immigration Rules and changes law on 10 year rule – 5SAH
‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’
5SAH, 5th January 2021
Source: www.5sah.co.uk
Legal Professional Privilege: Breach of a Company Director’s Duties and the Iniquity Exception in Practice – Exchange Chambers
‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’
Exchange Chambers, 4th January 2021
Source: www.exchangechambers.co.uk
Age assessments 2020: a year in review – Doughty Street
‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’
Doughty Street, 7th January 2021
Source: insights.doughtystreet.co.uk
Can employees refuse to attend work because of Covid-19? – Blackstone Chambers
‘The Covid-19 pandemic has wrought sudden and drastic changes to the workplace. Many are now working from home, to suppress the spread of the virus and protect themselves or their families from catching it. However, working from home is a precaution which is not available to all, and which is available unequally. There has been no better example of this than last week’s drama (prior to the announcement of the third lockdown) over the reopening of schools, with the government, local authorities, unions and individual schools and teachers at loggerheads over whether pupils can safely return to schools after the Christmas break.’
Blackstone Chambers, 7th January 2021
The EAW is dead; long live the UK-EU Surrender Agreement – 6KBW College Hill
‘On Christmas Eve, the UK and the EU agreed the terms of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the One Part and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (“the Trade and Cooperation Agreement”). Title VII of Part 3 of the Trade and Cooperation Agreement governs extradition or, to use the language of the agreement, “surrender arrangements” between the UK and the EU. The effect of these provisions is to closely replicate the arrangements under the Framework Decision on the European Arrest Warrant (“the Framework Decision”) and the surrender agreement between Norway and Iceland and the European Union (“the Iceland/Norway Agreement”).’
6KBW College Hill, 1st January 2021
Source: blog.6kbw.com
Extradition – A Year in Review of 2020 – A look forward to 2021 – 5SAH
‘2020 has undoubtedly been a most unusual year, but in terms of the evolution of extradition caselaw it has been surprisingly still. As in previous years, extradition appeals have been dominated by Article 8 cases and challenges to European prison conditions. However, fewer extraditions than usual have actually taken place, and not for the obvious reasons (although coronavirus (COVID-19) has caused its own delays). Various challenges have led to large numbers of appeals being stayed pending outcomes of lead cases. Sharmistha Michaels and Rebecca Hill, barristers at Five St Andrew’s Hill, discuss the most important extradition judgments of 2020 and what to expect in 2021.’
5SAH, 6th January 2021
Source: www.5sah.co.uk
Nightmare Neighbours – What Actions Can Be Taken Against Them? – Becket Chambers
‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’
Becket Chambers, 5th January 2021
Source: becket-chambers.co.uk
Professional liability update: 2020 year in review – 4 New Square
‘In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.’
4 New Square, 5th January 2021
Source: www.4newsquare.com
A duty of care – what does the new standard of proof in inquests mean? – 5SAH
‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’
5SAH, 7th January 2021
Source: www.5sah.co.uk
