It was “none of your business”, High Court judge tells council which refused to take part in mediation over EHC Plan because mother wanted to bring her lawyer – Local Government Lawyer
‘A mother was entitled to bring a lawyer to support her at a mediation of her dispute with Hillingdon Council about her son’s Education, Health and Care Plan and the local authority was in breach of its statutory duties by refusing to participate, a High Court judge has ruled.’
Local Government Lawyer, 7th December 2020
Source: www.localgovernmentlawyer.co.uk
Judges told they should consider previous racial bias before sentencing – The Guardian
‘Judges and magistrates are to be given explicit reminders for the first time in sentencing guidelines of the disparity in punishments being imposed by the courts on white, Asian and black offenders.’
The Guardian, 9th December 2020
Source: www.theguardian.com
Case Comment: Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34 – UKSC Blog
‘On 5 August 2020, the UK Supreme Court handed down judgment in Shagang Shipping Company Ltd (in liquidation) v HNA Group Company Ltd [2020] UKSC 34; [2020] 1 W.L.R. 3549. Against the background of a commercial charterparty dispute, this appeal raised important questions about the admissibility of evidence potentially obtained through torture.’
UKSC Blog, 8th December 2020
Source: ukscblog.com
PayPal ‘reward’ email rapped for misleading – BBC News
‘An email sent by payment giant PayPal which promised customers a reward of £10 for using their account did not make it clear enough that not everyone would receive it, the Advertising Standards Authority (ASA) has ruled.’
BBC News, 9th December 2020
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Administrative Court)
Tomkins v City of London Corporation [2020] EWHC 3357 (Admin) (08 December 2020)
High Court (Chancery Division)
Miah & Ors v Miah [2020] EWHC 3374 (Ch) (08 December 2020)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Don Benyatov v Credit Suisse Securities (Europe) [2020] EWHC 3328 (QB) (08 December 2020)
Ralph v Ralph [2020] EWHC 3348 (QB) (08 December 2020)
High Court (Technology and Construction Court)
Deluxe Property Holdings Ltd v SCL Construction Ltd & Anor [2020] EWHC 3354 (TCC) (08 December 2020)
Source: www.bailii.org
Litigant in person threatened opposing lawyers with violence – Legal Futures
‘A High Court judge has expressed concern that a litigant in person has threatened violence against lawyers for the people he is suing while dismissing a bid to disqualify the solicitors from acting.’
Legal Futures, 8th December 2020
Source: www.legalfutures.co.uk
Under-18s banned from lottery scratchcards in crackdown – BBC News
‘The age limit for playing the National Lottery is set to be raised from 16 to 18 from next October as the government moves to crackdown on gambling.’
BBC News, 8th December 2020
Source: www.bbc.co.uk
Encrypted messaging putting children at risk of abuse, says watchdog – The Guardian
‘The children’s commissioner for England has warned that end-to-end encryption is putting children at risk of abuse, as a survey finds that most eight-year-olds are using messaging apps supposedly restricted to those aged 13 or older.’
The Guardian, 8th December 2020
Source: www.theguardian.com
Augmented lawyering: The challenge of AI is people, not money – Legal Futures
‘The challenge facing traditional law firms from artificial intelligence (AI) is not a lack of finance to invest in technology but having the right “human capital”, a study from Oxford University has argued.’
Legal Futures, 7th December 2020
Source: www.legalfutures.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Vaccine Damage Payments (Specified Disease) Order 2020
The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020
The Non-Domestic Rating (Compilation and Alteration of Lists) (England) Regulations 2020
The State Pension Revaluation for Transitional Pensions (No. 2) Order 2020
The State Pension Debits and Credits (Revaluation) (No. 2) Order 2020
The Clean Air Zones Central Services (Fees) (England) Regulations 2020
The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020
The International Finance Corporation (General Capital Increase) Order 2020
The International Development Association (Nineteenth Replenishment) Order 2020
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Gourlay, R (on the application of) v Parole Board [2020] UKSC 50 (04 December 2020)
Court of Appeal (Civil Division)
Abc Electrification Ltd v Network Rail Infrastructure Ltd [2020] EWCA Civ 1645 (04 December 2020)
London Borough of Southwark v Ludgate House Ltd & Anor [2020] EWCA Civ 1637 (04 December 2020)
British Gas Trading Ltd v Shell UK Ltd & Anor [2020] EWCA Civ 2349 (04 December 2020)
Digby v Melford Capital Partners (Holdings) LLP & Ors [2020] EWCA Civ 1647 (04 December 2020)
Court of Appeal (Criminal Division)
High Court (Administrative Court)
Nassinde v Chester Magistrates Court [2020] EWHC 3329 (Admin) (07 December 2020)
Craggs v Secretary of State for the Environment [2020] EWHC 3346 (Admin) (07 December 2020)
Dhoorah v Nursing and Midwifery Council [2020] EWHC 3356 (Admin) (07 December 2020)
Diamond v Secretary of State for the Home Department [2020] EWHC 3313 (Admin) (04 December 2020)
Nika v Douai County Court, France [2020] EWHC 3335 (Admin) (04 December 2020)
Kumar v London Borough of Hillingdon (Rev 1) [2020] EWHC 3326 (Admin) (04 December 2020)
High Court (Chancery Division)
SPI North Ltd v Swiss Post International (UK) Ltd & Anor [2020] EWHC 3268 (Ch) (07 December 2020)
Brett (Liquidator Of Care Community Ltd) v Adam & Anor [2020] EWHC 3360 (Ch) (04 December 2020)
Knipe v British Racing Drivers’ Motor Sport Charity & Ors [2020] EWHC 3295 (Ch) (03 December 2020)
High Court (Commercial Court)
Arcelormittal USA LLC v Ruia & Ors [2020] EWHC 3349 (Comm) (07 December 2020)
Doglemor Trade Ltd & Ors v Caledor Consulting Ltd & Anor [2020] EWHC 3342 (Comm) (04 December 2020)
Pisante & Ors v Logothetis & Ors [2020] EWHC 3332 (Comm) (04 December 2020)
Grace Ocean Private Ltd v MV “Bulk Poland” [2020] EWHC 3343 (Comm) (04 December 2020)
High Court (Family Division)
M (A Child: Hague Convention) [2020] EWHC 3340 (Fam) (07 December 2020)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Senna v Henderson & Ors [2020] EWHC 3345 (QB) (07 December 2020)
Henry v Oxford University Hospitals NHS Foundation Trust [2020] EWHC 3306 (QB) (07 December 2020)
Butler & Anor v Pike & Ors [2020] EWHC 3362 (QB) (07 December 2020)
Quilter Private Client Advisers Ltd v Falconer & Anor [2020] EWHC 3294 (QB) (04 December 2020)
Failes v Oxford University Hospitals NHS Trust [2020] EWHC 3333 (QB) (04 December 2020)
Stokoe Partnership Solicitors v Robinson & Ors [2020] EWHC 3312 (QB) (03 December 2020)
Duffy v Centraal Beheer Achmea [2020] EWHC 3341 (QB) (03 December 2020)
High Court (Technology and Construction Court)
Equipe Regeneration Ltd v Higgins Construction Ltd & Ors [2020] EWHC 3293 (TCC) (03 December 2020)
Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 (TCC) (03 December 2020)
Source: www.bailii.org
Challenge upheld to Covid-19 changes to care regime for children – UK Human Rights Blog
‘The issue before the Court of Appeal was whether the Secretary of State for Education had acted unlawfully in failing to consult certain bodies representing children in care, including the Children’s Commissioner for England, before introducing the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (“the Amendment Regulations”) following the outbreak of the Coronavirus pandemic.’
UK Human Rights Blog, 7th December 2020
Source: ukhumanrightsblog.com
Information commissioner gets busy with fines – Law Society’s Gazette
‘General Data Protection Regulation fines are like a number 65 bus: you wait for a long time and then three arrive at once. In the space of a month the Information Commissioner’s Office (ICO) has issued three monetary penalty notices. All relate to breaches of GDPR’s security requirements as set out in articles 5 and 32.’
Law Society's Gazette, 7th December 2020
Source: www.lawgazette.co.uk
Keira Bell lawyer warns on internet coverage of transgender issues – The Guardian
‘The promotion of transgender issues on social media should be subject to safeguarding measures, according to the lawyer for a woman who brought last week’s landmark case against England’s only NHS gender identity development service (GIDS).’
The Guardian, 6th December 2020
Source: www.theguardian.com
Law Commission issues proposals for reforming offence of misconduct in public office – Local Government Lawyer
‘The “outdated and unclear” common law offence of misconduct in public office should be replaced by two new statutory offences of corruption in public office and breach of duty in public office, the Law Commission has said.’
Local Government Lawyer, 7th December 2020
Source: www.localgovernmentlawyer.co.uk
Former appeal court judge to lead UK review of Human Rights Act – The Guardian
‘A former court of appeal judge has been appointed to lead a review into how the Human Rights Act (HRA) is being interpreted in UK courts.’
The Guardian, 7th December 2020
Source: www.theguardian.com
Small claims worst hit so far by Covid as trial delays lengthen – Litigation Futures
‘Small claims have been disproportionally impacted by Covid-19 in terms of timeliness, official figures have shown.’
Litigation Futures, 8th December 2020
Source: www.litigationfutures.com
UK should ban use of spit hoods and Tasers on children, says Unicef – The Guardian
‘The use of Tasers and spit hoods on children should be banned in the UK, the global humanitarian organisation for children Unicef has recommended.’
The Guardian, 8th December 2020
Source: www.theguardian.com
