BAILII: Recent Decisions
Court of Appeal (Civil Division)
Hussain & Ors v The London Borough of Waltham Forest [2020] EWCA Civ 1539 (19 November 2020)
Joanne Properties Ltd v Moneything Capital Ltd & Anor [2020] EWCA Civ 1541 (19 November 2020)
Bell v Ivy Technology Ltd [2020] EWCA Civ 1563 (19 November 2020)
Court of Appeal (Criminal Division)
Scothern v R [2020] EWCA Crim 1540 (20 November 2020)
Gregson, Re (Rev 1) [2020] EWCA Crim 1529 (18 November 2020)
High Court (Administrative Court)
Makowska v Regional Court, Torun, Poland (No. 2) [2020] EWHC 3144 (Admin) (20 November 2020)
Petrovics v Prosecutor Generals Office of Hungary [2020] EWHC 3145 (Admin) (20 November 2020)
Safety-Kleen UK Ltd v The Environment Agency [2020] EWHC 3147 (Admin) (20 November 2020)
Jess v High Court, Ireland [2020] EWHC 3134 (Admin) (20 November 2020)
Awodola v Association of Chartered Certified Accountants [2020] EWHC 3059 (Admin) (17 November 2020)
High Court (Chancery Division)
Sky Building Ltd & Ors v HM Revenue and Customs & Ors [2020] EWHC 3139 (Ch) (20 November 2020)
King & Ors v Kings Solutions Group Ltd & Ors (Costs) [2020] EWHC 3130 (Ch) (19 November 2020)
Arlington Infrastructure Ltd & Anor v Woolrych & Ors [2020] EWHC 3123 (Ch) (19 November 2020)
Harris v Holland & Anor [2020] EWHC 3104 (Ch) (19 November 2020)
PTNZ v AS & Ors [2020] EWHC 3114 (Ch ) (18 November 2020)
Glint Pay Ltd & Ors v Baker & Anor [2020] EWHC 3078 (Ch) (18 November 2020)
Barrowfen Properties v Patel & Ors [2020] EWHC 3112 (Ch) (18 November 2020)
HRH the Duchess of Sussex v Associated Newspapers Ltd [2020] EWHC 3093 (Ch) (18 November 2020)
Anaghara v Anaghara & Ors [2020] EWHC 3091 (Ch) (17 November 2020)
Nash & Ors v Lygren & Ors [2020] EWHC 3088 (Ch) (17 November 2020)
High Court (Commercial Court)
I.F.T. S.A.L. Offshore v Barclays Bank PLC [2020] EWHC 3125 (Comm) (19 November 2020)
High Court (Family Division)
High Court (Patents Court)
IPCOM GmbH & Co Kg v HTC Europe Co Ltd & Ors [2020] EWHC 2941 (Pat) (04 November 2020)
High Court (Queen’s Bench Division)
Zurich Insurance Plc v Barnicoat & Anor [2020] EWHC 3127 (QB) (19 November 2020)
London Underground Ltd v Mighton [2020] EWHC 3099 (QB) (18 November 2020)
Robinson v Barker & Anor [2020] EWHC 3097 (QB) (18 November 2020)
High Court (Technology and Construction Court)
Huber & Anor v X-Yachts (GB) Ltd & Anor [2020] EWHC 3082 (TCC) (17 November 2020)
Source: www.bailii.org
Facebook’s Instagram ‘failed self-harm responsibilities’ – BBC News
‘Children’s charity the NSPCC has said a drop in Facebook’s removal of harmful content was a “significant failure in corporate responsibility”.’
BBC News, 19th November 2020
Source: www.bbc.co.uk
UK’s ‘no notice’ immigration policy unlawfully interfered with the right to access to justice, holds Court of Appeal – Oxford Human Rights Hub
‘Until March 2019, the UK operated an immigration policy – set out in Chapter 60 of the General Instructions to Home Office caseworkers – that worked like this: if a migrant did not have leave to enter or remain in the UK (that is, if they were an “irregular migrant”), the Secretary of State for the Home Department could serve a “notice of removal window”. After a short notice period (usually just 72 hours), the “removal window” (usually 3 months) would open. During the removal window, the migrant could forcibly be removed at any time, without further warning.’
Oxford Human Rights Hub, 16th November 2020
Source: ohrh.law.ox.ac.uk
Killer drug GHB ‘should be reclassified’, says official report – BBC News
‘A drug that was weaponised by the UK’s most prolific rapist and the serial killer Stephen Port should be reclassified, says an official report.’
BBC News, 20th November 2020
Source: www.bbc.co.uk
Only 16% of British courts accessible for wheelchair users – Litigation Futures
‘Only a small minority of courts in England, Wales and Scotland are accessible to wheelchair users, research by a London personal injury firm has found.’
Litigation Futures, 19th November 2020
Source: www.litigationfutures.com
Paul Cleeland case: Government reviews files on 1972 murder – BBC News
‘The Home Office is reviewing its archives to see if any files exist on Paul Cleeland, who has been fighting to clear his name of murder for 47 years.’
BBC News, 20th November 2020
Source: www.bbc.co.uk
Grieving daughter wins first stage of legal fight on Covid releases to care homes – The Guardian
‘A grieving daughter who lost her father to Covid-19 in an Oxfordshire care home has won the first stage of a high court challenge against the government’s policy of discharging hospital patients into care homes without tests.’
The Guardian, 19th November 2020
Source: www.theguardian.com
Assetco v GT: A chink in SAAMCo’s armour? And a lost chance to sort out loss of a chance? – Hardwicke Chambers
‘The recent decision of Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151, in which judgment was handed down at the end of August, is well worth professional liability lawyers paying attention to whether they are predominantly claimant practitioners, defendant ones or, like me, act for either side. It is a useful illustration of the application of the SAAMCo principle/doctrine (and also contains an interesting, if not entirely novel, analysis regarding loss of a chance).’
Hardwicke Chambers, 5th November 2020
Source: hardwicke.co.uk
Justifying Austerity – Not Solely a Question of Cost – Littleton Chambers
‘On 11 November 2020, the Court of Appeal dismissed the appeal in Heskett -v- Secretary of State for Justice [2020] EWCA Civ 1487, holding that the “pay freeze” imposed on probation officers as the result of the Government’s austerity measures, which might otherwise have been regarded as indirectly age discriminatory, was capable of being justified as a proportionate means of achieving a legitimate aim.’
Littleton Chambers, 12th November 2020
Source: littletonchambers.com
Appealing convictions and sentences after the Court of Appeal – KCH Garden Sq
‘A defendant’s right to appeal following a magistrates or crown court conviction is widely recognised across the entire criminal justice system. What is much less well-known is what options are available should a defendant’s appeal be unsuccessful. There will always be cases where a defendant or counsel are sincerely of the view that there has been a miscarriage of justice in a particular matter, whether it be the conviction itself is unsafe, or the sentence passed is manifestly excessive. This view may be taken immediately after a failed appeal, or years down the line where new evidence has come to light, shining a different perspective over the case as a whole. But what can they do about it? The jury returned their verdict, the single judge and full Court of Appeal turned them down, what route do they have to have their case looked at again?’
KCH Garden Sq, November 2020
Source: kchgardensquare.co.uk
Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB), [2020] All ER (D) 02 (Oct) – Parklane Plowden Chambers
‘The court held that whereas reasonable grounds for suspecting someone has committed an offence sets a low evidential hurdle, the second requirement for an arrest to be lawful (for the Police to prove that there were reasonable grounds to believe the arrest was “necessary”) sets a comparatively high evidential hurdle and the police could not objectively evidence that the arrest was “necessary” when the GP would have been prepared to voluntarily attend the police station and the reasons given by the Police for the “necessity” of arresting the GP were baseless.’
Parklane Plowden Chambers, 11th November 2020
Source: www.parklaneplowden.co.uk
The government and the judges – Counsel
‘Zealots bent on upsetting the constitutional applecart or the only friends we have? And what is the alternative? Thomas Grant QC takes a look at the Independent Review of Administrative Law, its context and the charges against the senior judiciary.’
Counsel, November 2020
Source: www.counselmagazine.co.uk
What is the meaning of “good will”? The Court of Appeal continue the debate – Hardwicke Chambers
‘In Primus International Holding Company & Ors v Triumph Controls – UK Ltd & Anor [2020] EWCA Civ 1228, the Court of Appeal grappled with the proper interpretation of “goodwill” in a commercial contract, considering the natural meaning of “goodwill” in the commercial context and the definition prevalent in accounting practice. The case provides a useful reminder of the approach taken by the courts when construing contracts, highlighting the need for parties to spell out clearly their intended meaning of a term in their contractual agreement if they wish to depart from its ordinary and natural meaning.’
Hardwicke Chambers, 4th November 2020
Source: hardwicke.co.uk
More Likely Than Not: The Civil Standard of Proof Applies to All Short-Form and Narrative Conclusions at Inquests – Ropewalk Chambers
‘By a majority of three to two, the Supreme Court has held that the standard of proof for findings of suicide and unlawful killing at an inquest is the balance of probabilities: R (Maughan) v Her Majesty’s Senior Coroner for Oxfordshire [2020]
UKSC 46.’
Ropewalk Chambers, 16th November 2020
Source: www.ropewalk.co.uk
Private prosecutor bringing High Court enforcement proceedings can claim costs from central funds (Mirchandani v Chancellor) – 5SAH
‘The court held that a private prosecutor was entitled to recover their costs from central funds in relation to a High Court application for enforcement of a confiscation order. Such proceedings are “in respect of an indictable offence” for the purposes of section 17 of the Prosecution of Offences Act 1985 (POA 1985). The court also held that, where the private prosecutor, in the same proceedings, had been ordered to pay the costs of a third party (having unsuccessfully asserted that the third party had been in receipt of a tainted gift), then those costs were also recoverable from central funds. While the confiscation proceedings in question had arisen under the Criminal Justice Act 1988 (CJA 1988), the court held that the same principles would apply under the Proceeds of Crime Act 2002 (POCA 2002).’
5SAH, 13th November 2020
Source: www.5sah.co.uk
A Local Authority v GP (Capacity – care, support and education) [2020] EWCOP 56 – 3PB
‘This was the first time that the Court of Protection had been asked to identify the relevant specific decisions that GP had to be able to make in relation to the aforementioned issues within the meaning of s3(1) and 15(1)(a) of the Mental Capacity Act 2005 (“the 2005 Act”) and to consider what the relevant information in respect of each of those decisions was that GP must have been able to understand, retain, use or weigh in accordance with s3(1) of the 2005 Act.’
3PB, November 2020
Source: www.3pb.co.uk
Is Lockdown 2 Lawful? – 39 Essex Chambers
‘The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 impose a second lockdown on England. They prohibit persons from leaving their home unless they have a reasonable excuse. They severely restrict the ability of persons to meet anyone who is not a member of their household. Various outdoors activities are banned, such as most organised sport. Numerous businesses and other premises are closed, including pubs and restaurants, cinemas and theatres, hairdressers, indoor and outdoor sports and recreation facilities, and most non-food retailers.’
39 Essex Chambers, 6th November 2020
Source: www.39essex.com
