BAILII: Recent Decisions
Court of Appeal (Civil Division)
Lowe v The Secretary of State for the Home Department [2021] EWCA Civ 62 (25 January 2021)
High Court (Administrative Court)
Russnak-Johnston v Reading Magistrates’ Court [2021] EWHC 112 (Admin) (26 January 2021)
High Court (Chancery Division)
High Court (Family Division)
EM v BK [2021] EWHC 108 (Fam) (22 January 2021)
High Court (Technology and Construction Court)
Source: www.bailii.org
The impact of Covid-19 on women’s sport – how the virus compounds funding disparities – Littleton Chambers
‘The impact of Covid-19 on sport has been significant but not all sports, or athletes, have been affected equally. In particular women’s sport and women’s teams have experienced the pandemic very differently from their male counterparts.’
Littleton Chambers, 18th January 2021
Source: littletonchambers.com
Court of Appeal Considers ‘Lost Years’ Claims in Head v The Culver Heating Co Ltd – Ropewalk Chambers
‘In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s “lost years” claim. The judge had dismissed the claim on the basis that the Claimant’s income derived from his successful family business, the profitability of which would continue after his death such that there was no loss. In the Court of Appeal, however, Bean LJ (with whom Males and Andrews LJJ agreed) held that the Claimant’s income was the product of his hard work and flair as opposed to a return on passive investment, such that it should be treated as earnings rather than investment income and was thus recoverable in the “lost years” claim.’
Ropewalk Chambers, 19th January 2021
Source: www.ropewalk.co.uk
Remote justice and Tribunal case management – Doughty Street Chambers
‘In GL v Elysium Healthcare Upper Tribunal Judge Kate Markus has provided a helpful reminder of the importance of maintaining standards of fairness in the remote environment.’
Doughty Street Chambers, 12th January 2021
Source: insights.doughtystreet.co.uk
Housing allocation and Catch-22 – Law Society’s Gazette
‘In his comically surreal war novel, Joseph Heller explained the paradox of Catch-22: “A concern for one’s safety in the face of dangers that were real and immediate was the process of a rational mind.” For if you flew more missions you were crazy and did not have to. But if you did not want to you were sane and had to. In other words, a no-win situation.
This was unfortunately the position faced by Mrs Habibo Nur (Mrs Nur), a Birmingham City Council housing applicant with three adult daughters including one, Zakiya, who has learning difficulties and suffers from cerebral palsy. Zakiya consequently requires support with daily living activities and has been assessed as needing a level access shower, access to stairs with bilateral handrails and accommodation with a downstairs toilet.’
Law Society's Gazette, 25th January 2021
Source: www.lawgazette.co.uk
The Court of Appeal considers Domestic Abuse – Part 2 – Transparency Project
‘This post summarises the individual issues in the four appeals. Part 3 will cover the wider issues of principle and some of the themes that emerged in the course of the hearing, and will provide some materials for further reading.’
Transparency Project, 24th January 2021
Source: www.transparencyproject.org.uk
Court rejects Covid adjournment to press on with in-person trial – Legal Futures
‘The High Court has ruled that the fears of three witnesses about giving evidence in person during the UK’s winter Covid spike should not lead to a five-week complex commercial trial being adjourned.’
Legal Futures, 26th January 2021
Source: www.litigationfutures.com
Husband who murdered wife and pensioner sentenced to life as judge dismisses ‘insanity’ defence – Daily Telegraph
‘A man who murdered his wife and a pensioner during a “psychotic episode” has been jailed for life.’
Daily Telegraph, 25th January 2021
Source: www.telegraph.co.uk
Man, 19, who groomed and murdered schoolboy jailed for life – The Guardian
‘A 19-year-old man who groomed and then beat a schoolboy to death in some woods in Cheshire has been jailed for at least 28 years, for what the judge described as a carefully planned, premeditated murder.’
The Guardian, 25th January 2021
Source: www.theguardian.com
The Court of Appeal considers Domestic Abuse – Part 1 – Transparency Project
‘This week three judges in the Court of Appeal held a 3 day long appeal hearing all about domestic abuse cases. This series of posts provide a summary of what the hearing was about and how it went. The decision is expected in a few weeks’ time.’
Transparency Project, 23rd January 2021
Source: www.transparencyproject.org.uk
Data-sharing safeguards: no ‘micro-managing’ – Panopticon
‘Data-sharing arrangements between one controller and another proliferate across all sorts of processing contexts, aimed at all sorts of purposes. If those arrangements are to comply with the GDPR and/or DPA 2018, they need to be structured so as to ensure that the data-sharing satisfies the data protection principles. This includes having “appropriate technical and organisational measures” in place. So far, so clear. But how do you assess whether your measures are “appropriate”? And if push comes to shove, how will a court approach that assessment?’
Panopticon, 25th January 2021
Source: panopticonblog.com
Divisional Court finds Mental Health Act assessments require physical attendance and cannot be undertaken remotely – Local Government Lawyer
‘The phrases “personally seen” in s. 11(5) of the Mental Health Act 1983 and “personally examined” in s. 12(1) require the physical attendance of the person in question on the patient, the Divisional Court has clarified.’
Local Government Lawyer, 25th January 2021
Source: www.localgovernmentlawyer.co.uk
Rape victims speak out ahead of legal challenge to CPS policy – The Guardian
‘Rape victims at the heart of a landmark court case have told the Guardian they have been failed by the Crown Prosecution Service, ahead of a legal challenge to how the crime is charged and prosecuted.’
The Guardian, 26th January 2021
Source: www.theguardian.com
Priti Patel publishes new strategy to protect children from sexual abuse – Home Office
‘The Home Secretary has today published a first-of-its-kind national strategy to protect children from all forms of child sexual abuse. The Tackling Child Sexual Abuse Strategy sets out how the Government will use new legislation and enhanced technology to stop offenders in their tracks.’
Home Office, 22nd January 2021
Source: www.gov.uk
Senior Courts Costs Office Guide – the 2021 version is now available – Courts and Tribunals Judiciary
‘The latest version of the Senior Courts Costs Office Guide has been published.
This 2021 update hasn’t changed extensively from when it was last published in 2018, but reflects some fundamental changes in practice which occurred before COVID-19 and which have been increased as a result of it.’
Courts and Tribunals Judiciary, 25th January 2021
Source: www.judiciary.uk
Email attachments not covered by legal privilege, court clarifies – Law Society’s Gazette
‘Email attachments are not to be covered by legal professional privilege even if the email is, the Supreme Court effectively decided this week.’
Law Society's Gazette, 21st January 2021
Source: www.lawgazette.co.uk
