Trans teen in legal action over gender clinic wait – BBC News
‘A 14-year-old transgender boy is starting legal proceedings against NHS England over delays to gender reassignment treatment.’
BBC News, 23rd November 2020
Source: www.bbc.co.uk
Judge wrong to find ‘subject to contract’ compromise binding – Litigation Futures
‘A judge was wrong to rule that solicitors had reached a binding compromise on a piece of litigation, when their correspondence had expressly been “subject to contract”, the Court of Appeal has decided.’
Litigation Futures, 23rd November 2020
Source: www.litigationfutures.com
Catterick man jailed for ambush murder of ex-girlfriend – BBC News
‘A man who kidnapped and murdered his ex-girlfriend in a woodland hideout has been jailed for at least 25 years.’
BBC News, 21st November 2020
Source: www.bbc.co.uk
Family who fear daughter was killed sue Leeds NHS trust after body decomposes – The Guardian
‘The family of a woman who they suspect was killed is suing a health trust that allegedly stored her corpse incorrectly, allowing it to decompose to the point that experts were unable to rule out third-party involvement in her death, the Guardian can reveal.’
The Guardian, 23rd November 2020
Source: www.theguardian.com
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Commercial Court)
NIHL Ltd & Anor v Infinite Ltd [2020] EWHC 3136 (Comm) (20 November 2020)
High Court (Patents Court)
Teva UK Ltd v Janssen Pharmaceutica N.A. [2020] EWHC 3157 (Pat) (16 November 2020)
High Court (Queen’s Bench Division)
Mathewson v Crump & Anor [2020] EWHC 3167 (QB) (20 November 2020)
Vardy v Rooney [2020] EWHC 3156 (QB) (20 November 2020)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
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
