BAILII: Recent Decisions
High Court (Chancery Division)
Ideal Shopping Direct Ltd & Ors v Visa Europe Ltd & Ors [2020] EWHC 3399 (Ch) (11 December 2020)
High Court (Commercial Court)
Ness Global Services Ltd v Perform Content Services Ltd [2020] EWHC 3394 (Comm) (10 December 2020)
High Court (Queen’s Bench Division)
Ampalam v Karthik [2020] EWHC 3407 (QB) (11 December 2020)
High Court (Technology and Construction Court)
Alebrahim v BM Design London Ltd [2020] EWHC 3393 (TCC) (11 December 2020)
Sainsbury’s Supermarkets Ltd v Ryan Jayberg Ltd [2020] EWHC 3404 (TCC) (11 December 2020)
Source: www.bailii.org
Collective Actions in the Supreme Court – Competition Bulletin from Blackstone Chambers
‘The big news from today’s UK Supreme Court collective action decision in Mastercard v Merricks [2020] UKSC 51 is not only that Mr Merricks won and defeated the appeal, but that the Supreme Court approached the issues in a far more claimant-friendly way than even the Court of Appeal had done.’
Competition Bulletin from Blackstone Chambers, 11th December 2020
Source: competitionbulletin.com
Mastercard judgment ‘lowers bar’ for collective action – Law Society’s Gazette
‘The Supreme Court’s ruling against Mastercard will make it easier for group damages claims to proceed to trial, commentators have said. However, the card issuer’s solicitors have stressed the “very unusual circumstances” of the judgment, in which justices were divided on key issues.’
Law Society's Gazette, 11th December 2020
Source: www.lawgazette.co.uk
BAILII grants access to judgments for mass AI analysis – Law Society’s Gazette
‘England and Wales court judgments are for the first time being opened to mass analysis by artificial intelligence, the Gazette can reveal. Under an agreement announced today, the British and Irish Legal Information Institute (BAILII) has granted academics at Oxford University bulk access to its database of 400,000 judgments for research purposes.’
Law Society's Gazette, 14th December 2020
Source: www.lawgazette.co.uk
Rape and sexual assault: ‘Money needed’ to speed up investigations – BBC News
‘Police and prosecutors need more resources as sexual assault and rape investigations are taking longer, a charity that supports victims has said.’
BBC News, 14th December 2020
Source: www.bbc.co.uk
Surrogacy and HFEA Update: December 2020 (Part 1) – Family Law Week
‘In the first part of his surrogacy and HFEA update, Andrew Powell of 4PB analyses some important recent judgments within the England and wales jurisdiction.’
Family Law Week, 10th December 2020
Source: www.familylawweek.co.uk
Financial Remedy Update, December 2020 – Family Law Week
‘Sue Brookes Principal Associate, Family Lawyer, Collaborative Lawyer and Mediator for Mills & Reeve LLP considers the important news and case law relating to financial remedies and divorce during November 2020.’
Family Law Week, 10th December 2020
Source: www.familylawweek.co.uk
UK ‘reneges on vow to reunite child refugees with families’ – The Guardian
‘Unaccompanied children in France are being told by the French authorities that they should give up hope of being reunited with family in the UK after the Home Office failed to offer the help it had promised. With the deadline to enter the UK legally and safely under the EU’s family reunification rules due to expire at the end of the year, the Home Office is accused of reneging on its vow to help unaccompanied children reunite with family in the UK.’
The Guardian, 13th December 2020
Source: www.theguardian.com
‘Stockwell Six’: two men could have convictions overturned – The Guardian
‘Two men who were jailed nearly 50 years ago on the word of a corrupt detective could finally have their names cleared.
The cases of two members of the so-called “Stockwell Six”, who were accused of attempting to rob that officer on the underground, are now being referred to the court of appeal by the Criminal Cases Review Commission (CCRC).’
The Guardian, 14th December 2020
Source: www.theguardian.com
All Windrush victims to get at least £10,000 – BBC News
‘The government is to give more money to victims of the Windrush scandal, which saw hundreds of people wrongly threatened with deportation.’
BBC News, 14th December 2020
Source: www.bbc.co.uk
Police drop rape investigation into Tory ex-minister – The Independent
‘Police have dropped their investigation into a Conservative MP and ex-minister who was arrested after a woman accused him of rape.’
The Independent, 13th December 2020
Source: www.independent.co.uk
Serial rapists receive longer minimum jail terms after appeal – BBC News
‘Two serial rapists with life sentences will have the minimum time they must spend in prison extended from 30 to 40 years, the High Court has ruled.’
BBC News, 11th December 2020
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
Mastercard Incorporated & Ors v Merricks [2020] UKSC 51 (11 December 2020)
Court of Appeal (Civil Division)
X, T, A, E and S (Children), Re [2020] EWCA Civ 1680 (11 December 2020)
B (A Child)(Designated Local Authority) [2020] EWCA Civ 1673 (10 December 2020)
Court of Appeal (Criminal Division)
McCann & Ors, R v [2020] EWCA Crim 1676 (11 December 2020)
High Court (Administrative Court)
AB, (A Barrister) v Bar Standards Board [2020] EWHC 3285 (Admin) (10 December 2020)
Krzyanowski v Regional Court of Krakow [2020] EWHC 3401 (Admin) (10 December 2020)
High Court (Commercial Court)
Spire Healthcare Ltd v Royal & Sun Alliance Insurance Plc [2020] EWHC 3299 (Comm) (10 December 2020)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Azam v University Hospital Birmingham NHS Foundation Trust [2020] EWHC 3384 (QB) (10 December 2020)
High Court (Technology and Construction Court)
Optimus Build Ltd v Southall & Anor [2020] EWHC 3389 (TCC) (11 December 2020)
Source: www.bailii.org
Be good, for goodness’ sake: fraud and adjudication enforcement – Practical Law: Construction Blog
‘Christmas is on the horizon. It’s necessary, therefore, to ask who’s been naughty and who’s been nice – and how better to do that than by reflecting on the courts’ approach to fraud in adjudications?’
Practical Law: Construction Blog, 9th December 2020
Deportation and family rights – UK Human Rights Blog
‘The European Court of Human Rights has found that the deportation of a Nigerian man from the United Kingdom violated his right to respect for private and family life guaranteed by article 8 of the European Convention on Human Rights. The applicant in Unuane v United Kingdom successfully argued that his removal from the UK was a disproportionate interference with family life because it separated him from his children. Though finding for the applicant, the Court rejected his attack on the compatibility of the Immigration Rules – an issue that as recently as 2016 the Supreme Court had authoritatively settled. The decision is of interest for the Court’s approach to the necessary balancing exercise to be carried out in the sensitive area of human rights challenges to the deportation of foreign criminals.’
UK Human Rights Blog, 10th December 2020
Source: ukhumanrightsblog.com
New surrender scheme starts to keep dangerous weapons off the streets – Home Office
‘Measures to keep dangerous weapons off the streets are a step closer today with the opening of a surrender scheme, under prohibitions introduced in the Offensive Weapons Act.’
Home Office, 10th December 2020
Source: www.gov.uk/home-office
Family Justice Board statement: Priorities for the family justice system – Courts and Tribunals Judiciary
‘The Family Justice Board has produced a statement, that summarises the priority actions it intends to pursue in response both to immediate pressures within the family justice system, and to bring about longer-term reform.’
Courts and Tribunals Judiciary, 10th December 2020
Source: www.judiciary.uk
Shrewsbury maternity scandal: Ministers told to ‘stamp out’ normal birth ideology in NHS – The Independent
‘Ministers have been told they must “stamp out” a “normal” birth ideology in NHS maternity services that puts babies and mothers lives at risk. The call came after an inquiry report into poor care at the Shrewsbury and Telford Hospital Trust found many women were medicated and forced to endure traumatic births with some being denied caesarean sections in order to keep rates low.’
The Independent, 10th December 2020
Source: www.independent.co.uk
London man who killed his children detained in hospital indefinitely – The Guardian
‘A man who slit the throats of his two young children during lockdown has been detained in hospital indefinitely.’
The Guardian, 10th December 2020
Source: www.theguardian.com
