BAILII: Recent Decisions
Supreme Court
Court of Appeal (Civil Division)
Clin v Walter Lilly & Co. Ltd [2021] EWCA Civ 136 (08 February 2021)
Global Energy Horizons Corporation v Gray [2021] EWCA Civ 123 (05 February 2021)
Tomanovic & Ors v Foreign and Commonwealth Office [2021] EWCA Civ 117 (04 February 2021)
Court of Appeal (Criminal Division)
A & Ors, R. v [2021] EWCA Crim 128 (05 February 2021)
CS & Anor, R. v [2021] EWCA Crim 134 (05 February 2021)
Thomasson & Anor, R. v [2021] EWCA Crim 114 (04 February 2021)
Wainwright, R. v [2021] EWCA Crim 122 (04 February 2021)
High Court (Administrative Court)
Sirbu v Sibiu Court of Law, Romania [2021] EWHC 212 (Admin) (08 February 2021)
High Court (Chancery Division)
State Bank of India & Ors v Mallya [2021] EWHC 191 (Ch) (08 February 2021)
Peter Jones (China) Ltd, Re [2021] EWHC 215 (Ch) (05 February 2021)
Saxby & Ors v UDG Healthcare (UK) Holdings Ltd [2021] EWHC 144 (Ch) (05 February 2021)
Steinhoff International Holdings N.V., Re [2021] EWHC 184 (Ch) (05 February 2021)
Hall (Liquidator of Ethos Solutions Ltd) v Nasim & Ors [2021] EWHC 142 (Ch) (04 February 2021)
High Court (Queen’s Bench Division)
Credico Marketing Ltd & Anor v Lambert & Anor [2021] EWHC 204 (QB) (05 February 2021)
Polmear & Anor v Royal Cornwall Hospitals NHS Trust [2021] EWHC 196 (QB) (05 February 2021)
London Borough of Lambeth v AM (Judgment No. 2) [2021] EWHC 186 (QB) (05 February 2021)
Jamieson v Wurttemburgische Versicherung AG & Anor [2021] EWHC 178 (QB) (05 February 2021)
D & Anor v Persons Unknown [2021] EWHC 157 (QB) (04 February 2021)
Vafa v Patel [2021] EWHC 198 (QB) (04 February 2021)
Source: www.bailii.org
Documents on CEO’s personal phone should be disclosed, court rules – OUT-LAW.com
‘The terms of a contractual agreement between a CEO and his company mean material held on a personal mobile phone should be disclosed in litigation the company is involved in, the High Court of England has ruled.’
OUT-LAW.com, 8th February 2021
Source: www.pinsentmasons.com
Client sued over unpaid fees loses appeal against contempt sentence – Legal Futures
‘A man sued by a Kent law firm for unpaid fees has lost his appeal against a suspended sentence handed out for contempt over his failure to comply with court orders.’
Legal Futures, 8th February 2021
Source: www.legalfutures.co.uk
Court rules lawyers’ £1m advertising costs are not recoverable – Law Society’s Gazette
‘Lawyers leading group litigation against British Airways have been told they cannot expect the defendant to pay the £1m costs of advertising for claimants if the action succeeds.’
Law Society's Gazette, 8th February 2021
Source: www.lawgazette.co.uk
Practice Direction 12J & Scott Schedules – Rearranging a spider’s web – Family Law Week
‘Jeremy Ford, Partner at Cambridge Family Law Practice LLP, calls for clarity in the court’s attitude to Scott Schedules when considering what is relevant to its welfare determination.’
Family Law Week, 3rd February 2021
Source: www.familylawweek.co.uk
FCA warning over ‘risky’ TikTok trading tips – BBC News
‘TikTok creators have been offering “risky” trading tips in the wake of the GameStop shares frenzy, a UK regulator has warned. The Financial Conduct Authority (FCA) said people should be wary of users “promising high-return investments”.’
BBC News, 7th February 2021
Source: www.bbc.co.uk
More deaths, worse care: inquiry opens into NHS maternity ‘systemic racism’ – The Guardian
‘An urgent inquiry to investigate how alleged systemic racism in the NHS manifests itself in maternity care will be launched on Tuesday with support from the UK charity Birthrights. The inquiry will apply a human- rights lens to examine how claimed racial injustice – from explicit racism to bias – is leading to poorer health outcomes in maternity care for ethnic minority groups.’
The Guardian, 7th February 2021
Source: www.theguardian.com
Almost a third of prosecutions under coronavirus laws dropped, review shows – The Independent
‘Almost a third of prosecutions under coronavirus laws have been brought incorrectly, leading to hundreds of cases being dropped, analysis has revealed. A review by the Crown Prosecution Service (CPS) found that 359 of 1,252 charges last year under laws brought in to aid public health measures were later withdrawn or quashed in court.’
The Independent, 7th February 2021
Source: www.independent.co.uk
Queen did not block legislation, says Palace – BBC News
‘Claims the Queen blocked government legislation in the 1970s are “simply incorrect”, Buckingham Palace says.’
BBC News, 8th February 2021
Source: www.bbc.co.uk
Peer is asked to investigate the activities of extreme right and left – The Guardian
‘The government has reportedly ordered an investigation into the extreme fringes on both ends of the political spectrum, with a peer tasked with offering recommendations to the prime minister and home secretary. The review will be led by John Woodcock, the former Labour MP who now sits in the upper chamber as Lord Walney and was appointed as the government’s independent adviser on political violence and disruption last November.’
The Guardian, 8th February 2021
Source: www.theguardian.com
Domestic abuse victims stalked as family courts share refuge addresses with ex-partners, commissioner warns – The Independent
‘The family courts are putting domestic abuse victims and children at grave risk by sharing the secret addresses of shelters with the abusive ex-partner they are fleeing, and some survivors are suffering stalking as a result, London’s independent victims’ commissioner has warned.’
The Independent, 7th February 2021
Source: www.independent.co.uk
“Contested heritage” and offensive inscriptions: Re St Margaret Rottingdean – Law & Religion UK
‘On 17 June 2020, we posted Of graves, headstones and “offensive” inscriptions: Re St Margaret’s Rottingdean in which we examined the judgment and directions in Re St Margaret Rottingdean [2020] ECC Chi 4, handed down on 15 June 2020, in the context of the developments following the public protests associated with the Black Lives Matter campaign which came to a head in the UK over the weekend of 6/7 June 2020 with the toppling of the statue of slave-trader Edward Colston and its deposit in the harbour in Bristol.’
Law & Religion UK, 4th February 2021
Source: lawandreligionuk.com
Court of Appeal hands down ruling on policy for development in Areas of Outstanding Natural Beauty and presumption in favour of sustainable development – Local Government Lawyer
‘The National Planning Policy Framework (NPPF) allows a council to reject a planning application because of an adverse impact on an area of outstanding natural beauty (AONB), the Court of Appeal has ruled.’
Local Government Lawyer, 4th February 2021
Source: www.localgovernmentlawyer.co.uk
Angela Wrightson: Teenage torture killers keep anonymity – BBC News
‘Two teenagers who tortured and murdered a vulnerable woman in her own home have been granted lifelong anonymity.’
BBC News, 4th February 2021
Source: www.bbc.co.uk
The new UK subsidy control regime – Brexit Law
‘The UK government’s Department for Business, Energy and Industrial Strategy (“DBEIS”) announced yesterday [3 February] a consultation on new legislation to establish a domestic subsidy control regime.[i] The proposals are outlined in a consultation document “Subsidy control Designing a new approach for the UK”.[ii] The closing date for responses to the consultation document is 31st March 2021.’
Brexit Law, 4th February 2021
Source: brexit.law
Gosport hospital deaths: Families ‘need Hillsborough-style inquests’ – BBC News
‘Relatives of patients who died after receiving “dangerous” levels of painkillers at Gosport War Memorial Hospital have called for new inquests.’
BBC News, 5th February 2021
Source: www.bbc.co.uk
Domestic Abuse Bill: calls for data ‘firewall’ to protect migrant women – Law Society’s Gazette
‘The government has been urged to remove ‘blind spots’ in the Domestic Abuse Bill that could deter migrant women from reporting domestic abuse to the police for fear of being deported or enable perpetrators to control their victims.’
Law Society's Gazette, 3rd February 2021
Source: www.lawgazette.co.uk