Recent Statutory Instruments – legislation.gov.uk
The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020
The Cyber (Sanctions) (Overseas Territories) (No. 2) Order 2020
The Greenhouse Gas Emissions Trading Scheme Order 2020
The Tobacco Products Duty (Alteration of Rates) Order 2020
The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2020
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Mousavi-Khalkali v Abrishamchi & Anor [2020] EWCA Civ 1493 (12 November 2020)
K (Children: Placement Orders), Re [2020] EWCA (Civ) 1503 (12 November 2020)
Heskett v Secretary of State for Justice [2020] EWCA Civ 1487 (11 November 2020)
XXX v Camden London Borough Council [2020] EWCA Civ 1468 (11 November 2020)
AB Volvo (Publ) & Ors v Ryder Ltd & Ors [2020] EWCA Civ 1475 (11 November 2020)
High Court (Administrative Court)
High Court (Chancery Division)
The Official Receiver v Duckett [2020] EWHC 3016 (Ch) (13 November 2020)
Mistral Asset Finance Ltd v Registrar of Companies & Anor [2020] EWHC 3027 (Ch) (12 November 2020)
High Court (Family Division)
Z, Re (A Child: Deprivation of Liberty: Transition Plan) [2020] EWHC 3038 (Fam) (12 November 2020)
IC v RC [2020] EWHC 2997 (Fam) (12 November 2020)
High Court (Queen’s Bench Division)
Napag Trading Ltd & Ors v Gedi Gruppo Editoriale SPA & Anor [2020] EWHC 3034 (QB) (13 November 2020)
Kamara v Builder Depot Ltd [2020] EWHC 3046 (QB) (12 November 2020)
Michael Wilson & Partners Ltd v CJSC KazSubton & Ors [2020] EWHC 2957 (QB) (12 November 2020)
Ameyaw v McGoldrick & Ors [2020] EWHC 3035 (QB) (12 November 2020)
High Court (Technology and Construction Court)
RGB Plastering Ltd v TAWE Drylining and Plastering Ltd [2020] EWHC 3028 (TCC) (13 November 2020)
Source: www.bailii.org
FCA pursues Gavin Woodhouse’s ex-business partner in high court – The Guardian
‘The former business partner of the disgraced entrepreneur Gavin Woodhouse is being pursued by the Financial Conduct Authority in the high court over alleged links to care home investments in which investors appear to “have lost at least £30m”.’
The Guardian, 12th November 2020
Source: www.theguardian.com
Met police told 40% of recruits must be from BAME backgrounds – The Guardian
‘Britain’s biggest police force must hire 40% of new recruits from ethnic minority backgrounds, while officers will have to justify stop and search to community panels under new plans designed to quell the race crisis engulfing Scotland Yard.’
The Guardian, 13th November 2020
Source: www.theguardian.com
Met Police traffic stops to be reviewed as part of Action Plan – BBC News
‘Mayor of London Sadiq Khan has called for police traffic stops to be reviewed to look at whether black people are disproportionately affected by some police tactics.’
BBC News, 13th November 2020
Source: www.bbc.co.uk
Asylum seekers crossing Channel face ‘inhumane treatment’, observers say – The Guardian
‘Independent monitors say migrants arriving at Dover are moved with untreated injuries amid serious documentation errors.’
The Guardian, 13th November 2020
Source: www.theguardian.com
Sacked Treasury adviser settles unfair dismissal claim – BBC News
‘A special advisor who was escorted out of Downing Street by police after a confrontation with Dominic Cummings has settled her unfair dismissal claim.’
BBC News, 13th November 2020
Source: www.bbc.co.uk
Whistleblowing time limits: one off acts vs continuing acts – 3PB
‘Ikejiaku reinforces the distinction between a one-off act and a continuing act in the context of the imposition of a new contract, highlighting that this was a one off act with continuing consequences. Although the case concerned time limits in a whistleblowing detriment claim, the principles will extend across other areas, such as discrimination, in which unlawful detriments form the basis for claims.’
3PB, 8th October, 2020
Source: www.3pb.co.uk
Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers
‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’
Garden Court Chambers, 5th November 2020
Source: www.gardencourtchambers.co.uk
Confidential information—knowledge of unlawfulness not required for unlawful means conspiracy (The Racing Partnership Ltd v Sports Information Services Ltd) – Hardwicke Chambers
‘Practitioners acting in the more challenging cases of conspiracies involving the misuse of confidential information or otherwise interested in the history and development of tort (outside the tort of negligence) will find this case compelling and essential reading.’
Hardwicke Chambers, 26th October 2020
Source: hardwicke.co.uk
Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row
‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
Death and Notices – Nearly Legal
‘Gateway Housing Association v Personal Representatives of Ali & Anor (2020) EWCA Civ 1339. In which the Court of Appeal grapple with the requirement to serve a copy of a notice to quit on the Public Trustee, when serving notice on the personal representative of a deceased tenant.’
Nearly Legal, 8th November 2020
Source: nearlylegal.co.uk
I’m not demanding, I’m telling you – section 8 notices – Nearly Legal
‘Prempeh v Lakhany (2020) EWCA Civ 1422. We saw this case on a first appeal in the County Court. The issue was whether a section 8 notice on rent arrears grounds, in this instance grounds 8, 10 and 11, is a “demand for rent” for the purposes of section 47 Landlord and Tenant Act 1987.’
Nearly Legal, 9th November 2020
Source: nearlylegal.co.uk
Immigration Act receives Royal Assent: free movement to end on 31 December 2020 – Home Office
‘The Immigration Act has today (Wednesday 11 November 2020) received Royal Assent and been signed into law. This means free movement will end around seven weeks from now, at 11pm on 31 December 2020.’
Home Office, 11th November 2020
Source: www.gov.uk/home-office
Family Justice Council report on domestic abuse and special measures in remote and hybrid hearings – Family Law
‘The Family Justice Council has published guidance titled “Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings”. The guidance recommends that, in any proceedings where domestic abuse is an issue, careful consideration must be given to whether special measures are required and how hybrid/remote hearings should be facilitated to safeguard vulnerable parties. It suggests proactive advance planning of hearings, consideration of risks involved and practical support to promote physical and emotional safety of all participants and provides a checklist of those considerations.’
Family Law, 11th November 2020
Source: www.familylaw.co.uk
What about me?: Reframing Support for Families following Parental Separation – Courts and Tribunals Judiciary
‘A report by the Family Solutions Group, entitled What about me?: Reframing Support for Families following Parental Separation, has been published.
President of the Family Division, Sir Andrew McFarlane, said: “This report brings together the various lines of thinking of recent years aimed at finding a better way to achieve good co-parenting between separated parents. It is an important and impressive document.”‘
Courts and Tribunals Judiciary, 12th November 2020
Source: www.judiciary.uk
Home Office ‘missed chance to stop rise in migrant boats’ – BBC News
‘The Home Office failed to stop a rise in migrant boats crossing the English Channel before it was too late, an independent inspector has said.’
BBC News, 11th November 2020
Source: www.bbc.co.uk
Equality watchdog clears BBC of pay discrimination against women – BBC News
‘An investigation by the Equalities and Human Rights Commission has found no unlawful acts of pay discrimination against women by the BBC. But it has recommended “improvements to increase transparency and rebuild trust with women at the organisation”.’
BBC News, 12th November 2020
Source: www.bbc.co.uk
