Covid: Couple fined for seven-mile trip to care home – BBC News
‘A couple have been fined £60 for driving 20 minutes to see a relative in a care home.’
BBC News, 12th January 2021
Source: www.bbc.co.uk
Credit where credit’s due? A ‘likely’ story – Carmelite Chambers
‘In 2017, the Sentencing Council introduced a Definitive Guideline on Reduction in Sentence for a Guilty plea, leaving Judges with little or no discretion on the credit that can be afforded for pleas entered at the Crown Court, even for indictable only offences.’
Carmelite Chambers, 11th January 2021
Source: www.carmelitechambers.co.uk
HMRC v IGE USA Investments Ltd [2020] EWHC 1716 (Ch) – the role of statements of case and Lists of Issues for Disclosure in applications to vary an order for Extended Disclosure under the Disclosure Pilot Scheme – Hardwicke Chambers
‘Whilst Standard Disclosure (under CPR 31) remains in force, the Disclosure Pilot has provided a more flexible menu of disclosure options for the majority of cases in the Business and Property Courts. There is a degree of overlap between CPR 31 and the Pilot Scheme, but there are some significant divergences. One of those is paragraph 18 of the Pilot Scheme, which allows variations of pre-existing orders for Extended Disclosure. The scope of the court’s jurisdiction under paragraph 18 of the Disclosure Pilot was central to this appeal.’
Hardwicke Chambers, 8th January 2021
Source: hardwicke.co.uk
Work Rights in the Nursery: Au pairs entitled to the NMW (but in respect of which hours?) – Littleton Chambers
‘The employment tribunal has disapplied the “family worker” exemption, in effect holding that au pairs and other domestic workers who live in the home are entitled to the protections of the National Minimum Wage (“NMW”) regime. If this tribunal decision stands, it gives rise to another significant question: which hours should count towards the NMW for domestic workers?’
Littleton Chambers, 4th January 2021
Source: littletonchambers.com
Anonymous witness evidence and the right to a fair trial – Carmelite Chambers
‘Anonymous witness orders are most commonly sought by the prosecution in cases involving undercover police officers. There are outliers however, cases of complexity that call for closer attention, particularly those involving allegations or fears of witness intimidation.’
Carmelite Chambers, 11th January 2021
Source: www.carmelitechambers.co.uk
N v N (Afghanistan: Validity of an Overseas Marriage: Procedure)[2020] EWFC B55 – Pump Court Chambers
‘An important Judgment on the validity of an overseas marriage, and compliance with the significant procedural rules which apply if one wishes to defend divorce petitions, has recently been handed down in the case of N v N (Afghanistan: Validity of an overseas marriage: Procedure) [2020]. Jennifer Lee of Pump Court Chambers acted for the successful petitioner, who was seeking a divorce from the respondent. The parties disagreed over whether a marriage ceremony (held by proxy) in the 1980s had taken place, and whether it should be recognised as a valid marriage in this jurisdiction. There were procedural difficulties stemming from a marriage certificate not having been attached to the petition and non-compliance with the FPR and court orders by the respondent. The Court noted that there were many reasons why a valid marriage certificate might not be available, and the FPR clearly contemplated such a situation and provided for it. There was nothing in the FPR or the authorities cited which provided for there being no requirement to file an acknowledgement of service or an answer where a petitioner had not filed a valid marriage certificate.’
Pump Court Chambers, 8th January 2021
Source: www.pumpcourtchambers.com
Council provided “object lesson” in how not to respond to JR – Litigation Futures
‘The High Court has described how Birmingham City Council provided an “object lesson in how a public body should not respond to public law proceedings” in its mishandling of a housing judicial review.’
Litigation Futures, 12th January 2021
Source: www.litigationfutures.com
Ep 134: The Most Significant Cases Of 2020 – Law Pod UK
‘In Episode 134, Emma-Louise Fenelon speaks to Jon Metzer and Michael Spencer about the most significant cases of a most bewildering year.’
Law Pod UK, 11th January 2021
Source: audioboom.com
Supreme Court lowers the bar – Law Society’s Gazette
‘On 11 December, in a long-awaited judgment (and in perhaps unique circumstances), the Supreme Court dismissed Mastercard’s appeal in the “gargantuan” collective action brought by Walter Merricks CBE. In doing so, the court has markedly lowered the bar to be applied at the certification stage for competition collective actions. This judgment will have a significant impact on collective actions – which are still in their relative infancy – for years to come. Merricks’ claim will now return to the Competition Appeal Tribunal (CAT), which will decide again (now with clear guidance from the Supreme Court) whether to certify the claim by granting a collective proceedings order (CPO).’
Law Society's Gazette, 11th January 2021
Source: www.lawgazette.co.uk
The Overseas Operations Bill ‘Does nothing to protect soldiers and breaches international law’ – Each Other
‘A former senior legal officer for the British Army has spoken out against The Overseas Operations Bill currently on its way through parliament, saying it does nothing to protect soldiers and breaches international law.’
Each Other, 12th January 2021
Source: eachother.org.uk
David Feldman: Departing from Retained EU Case law – UK Constitutional Law Association
‘Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme Court and in criminal matters the High Court of Justiciary are not to be bound by any retained EU case law, but other courts and tribunals are to determine issues of retained EU law in accordance with retained EU case law. In relation to certain aspects of competition law, section 60A(7) of the Competition Act 1998, inserted by reg. 23 of the Competition (Amendments etc.) (EU Exit) Regulations 2019, SI 93 of 2019, provides that any court or tribunal, the Competition and Markets Authority, and anyone acting on behalf of the Authority, may depart from retained EU case law. In addition, section 6(5A) of the 2018 Act allows regulations to be made to designate other courts and tribunals as “relevant courts” or “relevant tribunals” which, by virtue of section 6(4)(ba), are not to be bound by retained EU case law to the extent specified in the regulations.’
UK Constitutional Law Association, 11th January 2021
Source: ukconstitutionallaw.org
High Court judge dismisses challenge over lack of public consultation on NHS hospital reconfiguration in Hertfordshire – Local Government Lawyer
‘A High Court judge has dismissed a judicial review challenge over the reorganisation of hospital provision in Hertfordshire.’
Local Government Lawyer, 11th January 2021
Source: www.localgovernmentlawyer.co.uk
Errol Graham: Starved man’s family take benefits case to court – BBC News
‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’
BBC News, 12th January 2021
Source: www.bbc.co.uk
Reading attacker Khairi Saadallah given whole-life prison sentence – The Guardian
‘A man who murdered three men in 10 seconds on a summer evening in a Reading park, has been sentenced to die in prison after a judge determined it was a jihadist attack.’
The Guardian, 11th January 2021
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Pricewaterhousecoopers LLP v BTI 2014 LLC [2021] EWCA Civ 9 (11 January 2021)
Rattan v Kuwad (Rev 1) [2021] EWCA Civ 1 (11 January 2021)
Secretariat Consulting PTE Ltd & Ors v A Company [2021] EWCA Civ 6 (11 January 2021)
High Court (Administrative Court)
Fraser, R (On the Application Of) v Shropshire Council [2021] EWHC 31 (Admin) (11 January 2021)
High Court (Chancery Division)
Martin & Anor v Kogan & Ors [2021] EWHC 24 (Ch) (11 January 2021)
High Court (Family Division)
GC v AS [2021] EWHC 14 (Fam) (11 January 2021)
Source: www.bailii.org
UK ministers face legal action over lack of abortion services in Northern Ireland – The Guardian
‘Northern Ireland’s human rights commission (NIHRC) has launched a landmark legal action against the UK government for its failure to commission safe and accessible abortion services more than a year after abortion was made legal in the country, the Guardian can reveal.’
The Guardian, 10th January 2021
Source: www.theguardian.com
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
