BAILII: Recent Decisions
Court of Appeal (Civil Division)
W (Children: Reopening/recusal) [2020] EWCA Civ 1685 (15 December 2020)
High Court (Administrative Court)
Director of Public Prosecutions v M [2020] EWHC 3422 (Admin) (15 December 2020)
High Court (Chancery Division)
Sunbird Business Services Ltd, Re [2020] EWHC 3459 (Ch) (16 December 2020)
PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3430 (Ch) (15 December 2020)
PJSC Uralkali v Rowley & Anor [2020] EWHC 3442 (Ch) (15 December 2020)
Kleinhentz v Harrison & Anor [2020] EWHC 3439 (Ch) (15 December 2020)
High Court (Family Division)
London Borough of Lambeth v L (Unlawful Placement) [2020] EWHC 3383 (Fam) (14 December 2020)
High Court (Queen’s Bench Division)
Hugh James Involegal LLP v Berrymans Lace Mawer LLP & Anor [2020] EWHC 3402 (QB) (15 December 2020)
Wray v General Osteopathic Council [2020] EWHC 3409 (QB) (15 December 2020)
Avsar v Wilson James Ltd [2020] EWHC 3412 (QB) (15 December 2020)
High Court (Technology and Construction Court)
Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors [2020] EWHC 3419 (TCC) (15 December 2020)
Source: www.bailii.org
Role of grooming of women involved in violent crime examined as part of new gangs guidance – Crown Prosecution Service
‘Prosecutors working on gang-related cases which involve women and girls should consider if there is evidence they have been forced or groomed into committing crime, according to new legal guidance published today. The guidance, Decision-making in “gang” related offences, has been drawn up by the Crown Prosecution Service to give lawyers practical advice on building the strongest possible cases and gathering robust evidence to present to the court.’
Crown Prosecution Service, 16th December 2020
Source: www.cps.gov.uk
Ofcom investigating row over Emily Maitlis’ Newsnight monologue about Dominic Cummings – The Independent
‘The UK’s broadcasting watchdog is investigating the row over BBC host Emily Maitlis’ monologue about Dominic Cummings’ infamous trip to Barnard Castle.’
The Independent, 15th December 2020
Source: www.independent.co.uk
Top UK court overturns block on Heathrow’s third runway – The Guardian
‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’
The Guardian, 16th December 2020
Source: www.theguardian.com
Grooming gangs come from ‘diverse backgrounds’, says Home Office as review finally published – The Independent
‘Grooming gangs come from “diverse backgrounds”, a Home Office review has concluded. The research, originally promised by Sajid Javid in 2018, was published on Tuesday following a government U-turn. The Home Office previously said releasing the paper would not be in the “public interest”, in response to a Freedom of Information request by The Independent, but committed to making it public after a petition signed by more than 130,000 people.’
Full report
The Independent, 15th December 2020
Source: www.independent.co.uk
Virginity testing ban proposed by Richard Holden MP – BBC News
‘Proposals to outlaw virginity testing have passed their first parliamentary stage. North West Durham Conservative MP Richard Holden told parliament the practice was “medieval”. His Virginity Testing (Prohibition) Bill has been passed by MPs for further consideration by the Commons in January.’
BBC News, 15th December 2020
Source: www.bbc.co.uk
Home Office leaving stateless people facing detention and destitution, warns UN – The Independent
‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’
The Independent, 16th December 2020
Source: www.independent.co.uk
Developments following Ground Developments… or not – Practical Law: Construction Blog
‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’
Practical Law: Construction Blog, 15th December 2020
High Court dismisses Harry Dunn challenge – UK Human Rights Blog
‘R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin). At a “rolled up” hearing on both permission and substantive merits, a challenge was considered by the High Court to the decision of the Foreign and Commonwealth Office’s (“FCO”) that Anne Sacoolas, the wife of a member of the US Government’s Technical and Administrative staff stationed at RAF Croughton, was entitled to diplomatic immunity from prosecution. The challenge to this decision was dismissed on all grounds. However, permission to appeal to the Court of Appeal has been granted.’
UK Human Rights Blog, 14th December 2020
Source: ukhumanrightsblog.com
Construction company hit by £600,000 fine over damage to bat breeding site – Local Government Lawyer
‘A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats.’
Local Government Lawyer, 14th December 2020
Source: www.localgovernmentlawyer.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2020
The Social Security Contributions (Disregarded Payments) (Coronavirus) (No. 2) Regulations 2020
The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2020
The Sanctions and Anti-Money Laundering Act 2018 (Commencement No. 2) Regulations 2020
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)
Libyan Investment Authority & Ors v King & Ors [2020] EWCA Civ 1690 (14 December 2020)
High Court (Administrative Court)
IO v The Secretary of State for the Home Department [2020] EWHC 3420 (Admin) (14 December 2020)
High Court (Chancery Division)
MacKay v Wesley [2020] EWHC 3400 (Ch) (14 December 2020)
High Court (Queen’s Bench Division)
Colley v Shuker & Ors [2020] EWHC 3433 (QB) (14 December 2020)
Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) (14 December 2020)
Source: www.bailii.org
Big firm reveals 23% pay gap between white and BAME staff – Law Society’s Gazette
‘Listed firm DWF has published its ethnicity pay gap for the first time, admitting it is “not where it needs to be” in terms of black, Asian and minority ethnic (BAME) representation at senior levels. According to the firm’s annual pay gap report, BAME employees and partners earn 23% less on average than their white colleagues. The combined ethnicity bonus gap is 22% in mean terms.’
Law Society's Gazette, 15th December 2020
Source: www.lawgazette.co.uk
Law conversion course applications jump by nearly a quarter since pandemic – The Guardian
‘According to the Central Applications Board (CAB), applications for the GDL increased by 22.5% from 2019 to 2020. Numbers are rising and providers say it’s down to Covid. “We have had a bumper GDL intake this year, which I reckon is our highest intake for years,” says Tony Storey, programme leader at Northumbria University.
The Guardian, 15th December 2020
Source: www.theguardian.com
LoveHolidays to refund £18m for cancelled holidays – BBC News
‘LoveHolidays, one of the UK’s biggest online travel agents, has been ordered to refund £18m to more than 40,000 customers after their trips were cancelled due to the coronavirus outbreak.’
BBC News, 15th December 2020
Source: www.bbc.co.uk
Teenager stabbed mother more than 100 times, inquest told – The Guardian
‘A teenager stabbed their mother more than 100 times before dialling 999 and calmly telling police to “bring a body bag”, an inquest heard.’
The Guardian, 14th December 2020
Source: www.theguardian.com