New Judgment: TW Logistics Ltd v Essex County Council & Anor [2021] UKSC 4 – UKSC Blog

Posted February 15th, 2021 in appeals, commons, health & safety, land registration, local government, news, Supreme Court by sally

‘This case concerns the registration of land as a town and village green. The use of the phrase “town or village green” (“TVG”) conjures up a bucolic image of an area of grass where local inhabitants can walk and play. However, the land in this case is an area of concrete (the “Land”) in a working commercial port. The question for the Supreme Court is, has the Land been validly registered as a TVG?’

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UKSC Blog, 12th February 2021

Source: ukscblog.com

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together? – UK Constitutional Law Association

Posted February 15th, 2021 in bills, constitutional law, coronavirus, enforcement, freedom of movement, local government, news, parliament, royal family, statutory interpretation by sally

‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’

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UK Constitutional Law Association, 15th February 2021

Source: ukconstitutionallaw.org

Ban on bailiff-enforced evictions in England extended to end of March – The Guardian

Posted February 15th, 2021 in bailiffs, coronavirus, debts, enforcement, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The ban on bailiff-enforced evictions in England is to be extended until the end of March, the government has announced.’

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The Guardian, 14th February 2021

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted February 12th, 2021 in legislation, medical treatment, medicines, pensions, railways by sally

Pension Schemes Act 2021

High Speed Rail (West Midlands – Crewe) Act 2021

Medicines and Medical Devices Act 2021

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 12th, 2021 in legislation by sally

The Official Controls and Phytosanitary Conditions (Amendment) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 12th, 2021 in law reports by sally

Court of Appeal (Criminal Division)

Atkinson, R. v [2021] EWCA Crim 153 (11 February 2021)

High Court (Administrative Court)

El Diwany v Solicitors Regulation Authority [2021] EWHC 275 (Admin) (11 February 2021)

the3million Ltd & Ors, R (On the Application Of) v The Minister for the Cabinet Office [2021] EWHC 245 (Admin) (11 February 2021)

Nguyen & Anor, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 254 (Admin) (11 February 2021)

Singh, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 260 (Admin) (11 February 2021)

Amadu, R (On the Application Of) v Essex County Council (Rev 1) [2021] EWHC 256 (Admin) (11 February 2021)

High Court (Chancery Division)

Promontoria (Pine) Designated Activity Company v Hancock [2021] EWHC 259 (Ch) (11 February 2021)

Reaux-Savonte v Comptroller-General Of Patents, Designs And Trade Marks [2021] EWHC 270 (Ch) (11 February 2021)

Criterion Buildings Ltd v McKinsey & Company Inc (UK) & Anor [2021] EWHC 216 (Ch) (11 February 2021)

HRH The Duchess of Sussex v Associated Newspapers Ltd [2021] EWHC 273 (Ch) (11 February 2021)

Nirro Holdings SA v Patrick O’Brien [2021] EWHC 279 (Ch) (10 February 2021)

High Court (Family Division)

Lancashire County Council v G (No. 4)(Continuing Unavailability of Regulated Placement) [2021] EWHC 244 (Fam) (11 February 2021)

WX v HX (Treatment of Matrimonial and Non-Matrimonial Property) [2021] EWHC 241 (Fam) (10 February 2021)

High Court (Queen’s Bench Division)

Trinity House of Deptford Strond v Prescott & Anor [2021] EWHC 283 (QB) (11 February 2021)

Source: www.bailii.org

Three guilty of crossbow killings at Brierley Hill cannabis farm – BBC News

Posted February 12th, 2021 in drug offences, gangs, homicide, murder, news by sally

‘An accountant and his father have been convicted of mistakenly killing their relative with a crossbow and murdering a cannabis farm burglar seconds later.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

UK woman who killed disabled son detained in hospital indefinitely – The Guardian

Posted February 12th, 2021 in autism, children, coronavirus, disabled persons, homicide, hospital orders, mental health, news, sentencing by sally

‘A woman who killed her disabled 10-year-old son after undergoing a breakdown during the UK’s coronavirus lockdown has been detained in hospital indefinitely.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

MPs pass ‘long overdue’ bill for ministers’ paid maternity leave – The Guardian

Posted February 12th, 2021 in bills, maternity leave, news, parliament, pregnancy by sally

‘MPs have voted to give ministers formal paid maternity leave for the first time, hailed as an “important and long overdue change” as the government pledged to bring forward more sweeping maternity protections before the summer recess.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Watchdogs to inspect controversial barracks housing asylum seekers after health fears – The Independent

Posted February 12th, 2021 in asylum, coronavirus, government departments, health & safety, immigration, inquiries, news, ombudsmen by sally

‘The UK’s prison and immigration watchdogs are to carry out an investigation of two controversial military barracks that are housing asylum seekers, amid mounting concern about conditions on the sites.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

UK government accused of ‘dragging heels’ on racism – The Guardian

Posted February 12th, 2021 in equality, government departments, human rights, news, race discrimination, racism, select committees by sally

‘The government is still “dragging its heels” on racism, according to MPs and race equality campaigners critical of its response to a damning parliamentary report on Black people and human rights.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

Highways England referred to Crown Prosecution Service over smart motorway death – The Independent

Posted February 12th, 2021 in accidents, coroners, corporate manslaughter, Crown Prosecution Service, inquests, news, road safety, roads by sally

‘Highways England has been referred to the Crown Prosecution Service to consider if corporate manslaughter charges are appropriate following a smart motorway death.’

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The Independent, 11th February 2021

Source: www.independent.co.uk

Rachel Johnston: Neglect contributed to woman’s teeth removal death – BBC News

Posted February 12th, 2021 in care homes, causing death of children or vulnerable adults, coroners, dentists, disabled persons, inquests, medical treatment, negligence, news, professional conduct by sally

‘A disabled woman whose brain was starved of oxygen after an operation to remove all her teeth would probably have survived if care home staff acted sooner, an inquest heard. Staff at Pirton Grange Care Home, near Worcester, failed to spot Rachel Johnston was developing hypoxia. A coroner concluded neglect contributed to her death just over two weeks after she was taken to hospital.’

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BBC News, 11th February 2021

Source: www.bbc.co.uk

Meghan wins privacy case against Mail on Sunday – The Guardian

Posted February 12th, 2021 in copyright, damages, data protection, media, news, privacy, royal family by sally

‘The Duchess of Sussex has won her high court privacy case against the Mail on Sunday, hailing her victory as a “comprehensive win” over the newspaper’s “illegal and dehumanising practices”.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

London Fire Brigade has only acted on four of 29 recommendations from first stage of Grenfell Inquiry – The Independent

Posted February 12th, 2021 in accidents, codes of practice, delay, emergency services, fire, news by sally

‘The London Fire Brigade (LFB) has only implemented four of the 29 recommendations suggested to it by the first part of the Grenfell inquiry, a new report has found.’

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The Independent, 12th February 2021

Source: www.independent.co.uk

Effect on Brexit on Part 26A Arrangements and Reconstructions – Wilberforce Chambers

Posted February 11th, 2021 in brexit, chambers articles, EC law, insolvency, news by sally

‘It is one of the ironies of Brexit that the UK has effectively implemented many of the features of the 2019 EU Restructuring Directive[1], providing for restructuring plans with cross-class cram down and moratoria, before all of the remaining EU member states (although the Corporate Insolvency and Governance Act 2020 was avowedly not the implementation of EU law). The EU member states are required to implement the Restructuring Directive by 17 July 2021, although to date only Germany, the Netherlands and Greece have done so and many more are expected to seek an extension of the deadline to July 2022.’

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Wilberforce Chambers, February 2021

Source: www.wilberforce.co.uk

The show must now go on – St Ives Chambers

Posted February 11th, 2021 in adjournment, chambers articles, coronavirus, news, remote hearings, witnesses by sally

‘In the recent case of Bilta (UK) Ltd and others v SVS Securities Plc and others [2021] EWHC 36 (Ch) Mr Justice Smith considered an application on behalf of the Fifth Defendant, Traditional Financial Services (‘TFS’), for an adjournment 1 week before the commencement of a 5 week trial. The case was to be heard in the Rolls Building as part of the Financial List.’

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St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Court of Protection Newsletter – Spire Barristers

Posted February 11th, 2021 in autism, chambers articles, Court of Protection, deprivation of liberty safeguards, disabled persons, elderly, hospitals, learning difficulties, news by sally

‘Welcome to the latest issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’

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Spire Barristers, 10th February 2021

Source: spirebarristers.co.uk

Insolvent Defendants – St John’s Chambers

Posted February 11th, 2021 in chambers articles, insolvency, insurance, news, personal injuries, third parties by sally

‘The continuing impact of the Covid-19 pandemic is slowly but surely beginning to cast a shadow over personal injury claims. As the months have rolled on, viable businesses, starved of custom, are facing the prospect of being forced to cease trading. Those same businesses are the Defendants in many ongoing and pending claims. So, what happens when a Defendant becomes insolvent?’

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St John's Chambers, February 2021

Source: stjohnsbuildings.com

Legal issues relating to trees – New Square Chambers

Posted February 11th, 2021 in chambers articles, news, nuisance, trees, trespass by sally

‘Trees can provoke a surprising number of legal disputes which frequently lead to either civil or even criminal litigation.’

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New Square Chambers, 1st February 2021

Source: www.newsquarechambers.co.uk