Judge refuses to stand aside amid row over UK Covid trial delays – The Guardian

‘A senior judge has refused to step down from a case involving custody time limits after she replaced another judge who criticised the government over delays in delivering justice.’

Full Story

The Guardian, 18th September 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 21st, 2020 in legislation by sally

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 14) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 21st, 2020 in law reports by sally

Court of Appeal (Civil Division)

Rothschild v De Souza [2020] EWCA Civ 1215 (18 September 2020)

High Court (Administrative Court)

AA, R (On the Application Of) v The London Borough of Southwark [2020] EWHC 2487 (Admin) (18 September 2020)

Kefala v General Medical Council [2020] EWHC 2480 (Admin) (18 September 2020)

Huxtable, R (On the Application Of) v Secretary of State for Justice [2020] EWHC 2494 (Admin) (18 September 2020)

High Court (Queen’s Bench Division)

Pile v Chief Constable of Merseyside Police [2020] EWHC 2472 (QB) (18 September 2020)

London Borough of Hackney v Shiva Ltd & Ors [2020] EWHC 2489 (QB) (18 September 2020)

High Court (Technology and Construction Court)

Municipio De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2471 (TCC) (18 September 2020)

Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd [2020] EWHC 2484 (TCC) (18 September 2020)

Source: www.bailii.org

£10,000 fines warning for failing to self-isolate as England Covid infections soar – The Guardian

Posted September 21st, 2020 in care homes, children, coronavirus, emergency powers, enforcement, fines, news, statistics by sally

‘People in England who refuse to self-isolate when required to do so will face fines of up to £10,000 under an emergency “carrot and stick” plan to control the second wave of Covid-19 sweeping the country.’

Full Story

The Guardian, 20th September 2020

Source: www.theguardian.com

Jailed solicitor struck off for historic child abuse convictions – Legal Futures

‘A veteran solicitor serving nearly nine years in prison after being convicted of multiple counts of historic indecent assault against children has been struck off.’

Full Story

Legal Futures, 18th September 2020

Source: www.legalfutures.co.uk

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

Full Story

Competition Bulletin from Blackstone Chambers, 15th September 2020

Source: competitionbulletin.com

Renters: Eviction cases resume after six-month ban – BBC News

Posted September 21st, 2020 in coronavirus, debts, delay, domestic violence, housing, landlord & tenant, news, rent, repossession by sally

‘Eviction hearings will now resume in courts in England and Wales – but the most serious cases will be given priority.’

Full Story

BBC News, 21st September 2020

Source: www.bbc.co.uk

Parliament surrendered role over Covid emergency laws, says Lady Hale – The Guardian

‘The former president of the supreme court says parliament “surrendered” its role over emergency laws restricting freedoms amid the coronavirus pandemic, in an intervention expected to embolden MPs threatening a Commons revolt.’

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The Guardian, 20th September 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 18th, 2020 in legislation by sally

The Functions of the Investigatory Powers Commissioner (Oversight of the Data Access Agreement between the United Kingdom and the United States of America and of functions exercisable under the Crime (Overseas Production Orders) Act 2019) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Obligations of Hospitality Undertakings) (England) Regulations 2020

The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020

The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 18th, 2020 in law reports by sally

High Court (Chancery Division)

Sunbird Business Services Ltd, Re [2020] EWHC 2493 (Ch) (18 September 2020)

Bhamani & Ors v Sattar & Ors [2020] EWHC 2488 (Ch) (17 September 2020)

Bulled & Anor v Petrie & Anor [2020] EWHC 2485 (Ch) (17 September 2020)

High Court (Technology and Construction Court)

John Doyle Construction Ltd v Erith Contractors Ltd (Rev 1) [2020] EWHC 2451 (TCC) (14 September 2020)

Source: www.bailii.org

Public law children case update: contact, nationality and stays – Local Government Lawyer

‘Georgina Dalton summarises the latest public law children rulings, covering issues such as contact during care, changing the nationality of children in care, and practice on granting short-term stays.’

Full Story

Local Government Lawyer, 18th September 2020

Source: www.localgovernmentlawyer.co.uk

High Court allows appeal by claimant after council bids to withdraw admissions of liability in failure to remove case – Local Government Lawyer

‘An unnamed South Wales local authority has been stopped by the High Court from withdrawing three admissions of lability made in a lengthy dispute over the care while a child of J, who is now aged 20 and seeks damages.’

Full Story

Local Government Lawyer, 17th September 2020

Source: www.localgovernmentlawyer.co.uk

Reforms to confiscation regime to recover £8 million more per year – Law Commission

‘Proposals to reform the confiscation regime could help recover an extra £8 million per year from convicted criminals, by more accurately and efficiently determining a defendant’s criminal proceeds and more effectively enforcing confiscation orders. The proposals are outlined in a consultation paper published today [17 September 2020] by the Law Commission of England and Wales.’

Full press release

Law Commission, 17th September 2020

Source: www.lawcom.gov.uk

Health and Care Lasting Powers of Attorney – Family Law

Posted September 18th, 2020 in care homes, Court of Protection, health, medical treatment, news, powers of attorney by sally

‘When we think about Lasting Powers of Attorney we usually think about property and financial affairs. There is, however, a second type of Lasting Power of Attorney which relates to health and care. In the current circumstances, it may be particularly relevant and important to consider putting in place health and care Lasting Powers of Attorney.’

Full Story

Family Law, 16th September 2020

Source: www.familylaw.co.uk

Costs rules: what you need to know – Family Law

Posted September 18th, 2020 in costs, divorce, families, financial dispute resolution, financial provision, news by sally

‘“No one enters litigation simply expecting a blank cheque.” Francis J in WG v HG [2018] EWFC 84. But is this the case, or are we experiencing a new wave of litigants chancing their luck at the roulette wheel? Costs in financial remedy proceedings have come increasingly under the spotlight in recent years, most recently highlighted in some interesting and important commentary by Mostyn J, Francis J and Cohen J as to the manner in which litigation is conducted.’

Full Story

Family Law, 16th September 2020

Source: www.familylaw.co.uk

The Supreme Court’s decision in Unwired Planet – what comes next? – Competition Bulletin from Blackstone Chambers

‘The UK Supreme Court has handed down its long-awaited judgment in Unwired Planet. Its decision has profound implications for patent owners and implementers alike and is likely to lead to heavily contested jurisdictional disputes going forward.’

Full Story

Competition Bulletin from Blackstone Chambers, 15th September

Source: competitionbulletin.com

Man guilty of violent south London park sexual assault – Crown Prosecution Service

Posted September 18th, 2020 in Crown Prosecution Service, imprisonment, news, rape, sentencing, sexual offences by sally

‘A violent man, who made up a twin to use as a scapegoat for the sexual attack he had committed, has been sentenced to 14 years’ imprisonment, with a recommendation that he serve at least two-thirds, and an extended licence period of eight years.’

Full Story

Crown Prosecution Service, 17th September 2020

Source: www.cps.gov.uk

Message from the Lord Chief Justice: Diversity of the judiciary – 2020 statistics – Courts & Tribunals Judiciary

‘I welcome publication of the Judicial Diversity Forum’s combined statistical report. It brings together data on the diversity of the judiciary, judicial appointments and from the relevant professional bodies (the Law Society, the Bar Council and the Chartered Institute of Legal Executives (CILEx).’

Full press release

Courts & Tribunals Judiciary, 17th September 2020

Source: www.judiciary.uk

Bar students required to decide exam retake before knowing results – Law Society’s Gazette

Posted September 18th, 2020 in barristers, coronavirus, examinations, legal education, news by sally

‘Aspiring barristers caught up in last month’s bar exam fiasco will have to decide whether or not to retake them before knowing their results.nStudents have until 21 September to register to take the centralised Bar Professional Training Course in professional ethics and civil and criminal litigation – using the traditional pen and paper – starting from 5 October. They will have to decide before knowing the results of their August exams, which were plagued with technical faults. The civil and criminal litigation results for the August sit will be released on 12 October. The professional ethics results will be released on 6 November.’

Full Story

Law Society's Gazette, 17th September 2020

Source: www.lawgazette.co.uk

Judicial diversity statistics show ‘significant disparity’ between solicitors and barristers – Law Society’s Gazette

‘Solicitors are significantly less likely to be appointed judges than barristers even though more solicitors than barristers are applying for posts, according to a landmark diversity report published today.’

Full Story

Law Society's Gazette, 17th September 2020

Source: www.lawgazette.co.uk