Changes to ACAS Early Conciliation – Cloisters
‘Nathaniel Caiden considers the recent changes being made to ACAS Early Conciliation and their practical effects.’
Cloisters, 1st December 2020
Source: www.cloisters.com
Highgate mental health unit death: Killer detained indefinitely – BBC News
‘A man who beat, strangled and set alight a fellow patient at a secure mental health unit in north London has been detained for an unlimited time.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
The law applicable to an arbitration agreement: Part 1 of our analysis of Enka v OOO Insurance – Hardwicke Chambers
‘In the eagerly awaited judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court finally settled an important issue in the law of arbitration that has long divided the authorities and commentary: in the absence of a choice by the parties, where the law applicable to the main contract differs from that of the seat, it is the law of the seat that governs the validity and scope of the arbitration agreement. Our Overview on the decision sets out the key holdings; Part I (below) of our commentary on the decision examines the reasoning of the Majority in greater depth.’
Hardwicke Chambers, 2nd December 2020
Source: hardwicke.co.uk
Bolton v Stone Revisited – Ropewalk Chambers
‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’
Ropewalk Chambers, 30th November 2020
Source: www.ropewalk.co.uk
Child abuse carried out under guise of medical treatment, report finds – The Guardian
‘Healthcare practitioners who committed child sexual abuse commonly did so under the guise of medical treatment, which went unchallenged by other staff even when unnecessary or inappropriate because of their position of trust, research has found.’
The Guardian, 3rd December 2020
Source: www.theguardian.com
Increase guideline hourly rates by 35% pending CJC review, judge says – Litigation Futures
‘The guideline hourly rates (GHR) should be increased to take account of inflation while they are being reviewed, meaning an increase of 35%, the High Court ruled this week.’
Litigation Futures, 3rd December 2020
Source: www.litigationfutures.com
Harry Dunn’s family can appeal against High Court ruling – BBC News
‘The parents of Harry Dunn have been granted permission to appeal against a High Court ruling over the diplomatic immunity of his alleged killer.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
Dolan’s latest lockdown defeat – UK Human Rights Blog
‘The appellants challenged Lockdown regulations made in response to the Covid-19 pandemic on 26 March 2020. Their argument was that the regulations imposed sweeping restrictions on civil liberties which were unprecedented and were unlawful on three grounds. First, the Government had no power under the legislation they used to make the regulations, namely the Public Health (Control of Disease) Act 1984, as amended by the Health and Social Care Act 2008 (“the 1984 Act”). Secondly, they were unlawful under ordinary public law principles (failing to take account of relevant considerations, fettering of discretion); and thirdly they violated a number of the Convention rights which are guaranteed in domestic law under the Human Rights Act 1998 (“HRA”). Although the regulations were amended on several occasions and have since been repealed, the appellants contended that it remained important that the legal issues which arose should be authoritatively determined in the public interest.’
UK Human Rights Blog, 3rd December 2020
Source: ukhumanrightsblog.com
Alison L Young: The Draft Fixed-term Parliaments Act 2011 (Repeal) Bill: Turning Back the Clock? – UK Constitutional Law Association
‘Things were different in 2010. If schools closed and households found themselves stuck indoors, or unable to travel abroad, it was due to snowstorms and erupting Icelandic volcanoes, not because of a pandemic. Moreover, if the then Prime Minister wished to dissolve Parliament, he did not need to adhere to the requirements of the Fixed-term Parliaments Act 2011, which fixed parliamentary terms to five years, allowing for early parliamentary general elections either following a vote of two-thirds of the House of Commons in favour of an early parliamentary general election, or following a vote of no confidence. Instead, so the draft Fixed-term Parliaments Act 2011 (Repeal) Bill would have us believe, the Prime Minister could dissolve Parliament and instigate a new general election by use of a prerogative power, at a date of his choosing unchecked by the courts, subject only to ensuring Parliament did not exceed its maximum term of five years.’
UK Constitutional Law Association, 4th December 2020
Source: ukconstitutionallaw.org
East Yorkshire hospital trust pays millions over child’s brain damage – BBC News
‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’
BBC News, 3rd December 2020
Source: www.bbc.co.uk
Indefinite sentences ‘the greatest single stain on justice system’ – The Guardian
‘A former supreme court justice has called for urgent action in dealing with prisoners languishing under indefinite sentences, branding the now defunct scheme “the greatest single stain on our criminal justice system”.’
The Guardian, 3rd December 2020
Source: www.theguardian.com
Intervening but overcrowded accommodation – Nearly Legal
‘Bullale v City of Westminster Council [2020] EWCA Civ 1587. An important Court of Appeal judgment on when intervening accommodation is settled so as to end the effect of a previous finding of intentional homelessness, including a careful revision of Doka v Southwark London Borough Council [2017] H.L.R. 786 (our report here) in view of the Supreme Court’s statement when refusing permission to appeal.’
Nearly Legal, 1st December 2020
Source: nearlylegal.co.uk
Nicholas Reed Langen: Reforming the Supreme Court – UK Constitutional Law Association
‘Fresh from inaugurating its Independent Review of Administrative Law, this government is still not finished with the judiciary, at least according to recent policy proposals leaked to the Sunday Telegraph. Downing Street has also turned its eye onto the Supreme Court and its structure and composition.’
UK Constitutional Law Association, 1st December 2020
Source: ukconstitutionallaw.org
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Prudential Assurance Company Ltd and Rothesay Life Plc, Re [2020] EWCA Civ 1626 (02 December 2020)
Court of Appeal (Criminal Division)
Porch, R v [2020] EWCA Crim 1633 (03 December 2020)
Ahmad v Health and Safety Executive [2020] EWCA Crim 1635 (03 December 2020)
Nelson v R [2020] EWCA Crim 1615 (02 December 2020)
High Court (Administrative Court)
Aleksandra Siuda v Sad Okregowy, Kielce, Poland [2020] EWHC 3316 (Admin) (03 December 2020)
High Court (Family Division)
High Court (Queen’s Bench Division)
Guest Supplies Intl Ltd v South Place Hotel Ltd & Anor [2020] EWHC 3307 (QB) (03 December 2020)
Chocken v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3269 (QB) (02 December 2020)
Hayden v Dickenson [2020] EWHC 3291 (QB) (02 December 2020)
Source: www.bailii.org
When must an unsuccessful litigant accept “No” for an answer? Court of Appeal hands down latest ruling in long-running planning battle – Local Government Lawyer
‘A planning dispute that has been the subject of nine court hearings must be brought to an end, the Court of Appeal has said.’
Local Government Lawyer, 3rd December 2020
Source: www.localgovernmentlawyer.co.uk
Court of Appeal upholds adoption after rare hearing of substantive application for revocation – Local Government Lawyer
‘The Court of Appeal has turned down a rare case in which heard an application by a mother for the revocation of adoption orders for her three children.’
Local Government Lawyer, 3rd December 2020
Source: www.localgovernmentlawyer.co.uk
Ashbolt v HMRC [2020] STC 1813 – CrimeCast.Law
‘The case arose from the response of certain taxpayers and their professional advisers to the Treasury’s introduction of the so called ‘loan charge’ under the Finance Act (No 2) 2017, which was intended to enable HM Revenue and Customs to put an end to what had become a widespread practice of avoiding income tax by characterising payments as loans rather than income. HMRC commenced a criminal investigation into the conduct of a number of subscribers to a particular tax avoidance scheme and, in the course of that investigation, they obtained and executed search warrants relating to both residential and business premises. The question arose whether the first set of access conditions in paragraph 2 to Scheduled 1 of PACE, and whether the further condition in paragraph 14(d) of that schedule had been satisfied. It prompted the Divisional Court to issue a stern warning about the need for scrupulous care in presenting such an application and the court also gave guidance on how, in practical terms, the judge to whom the application is made should be assisted in focusing on the key issues which he or she needs to resolve …’
CrimeCast.Law, 30th November 2020
Source: crimecast.law
Divorce in Later Life – Family Law
‘Karin Walker, Founder of KGW Family Law, explains the issues of specific concern for family lawyers acting for “silver splitters.”’
Family Law, 2nd December 2020
Source: www.familylawweek.co.uk
Home Office urged to ensure better access to legal advice after Jamaicans taken off flight in eleventh hour – The Independent
‘The Home Office is being urged to ensure people facing deportation have adequate access to legal advice prior to their removal after tens of Jamaican nationals were taken off a charter flight following a last-minute legal intervention.’
The Independent, 3rd December 2020
Source: www.independent.co.uk
