Father jailed over son’s death in M62 ‘race’ – BBC News
‘A man who caused the death of his son after racing with another driver at more than 100mph has been jailed for four-and-a-half-years.’
BBC News, 2nd November 2020
Source: www.bbc.co.uk
Neo-Nazi teenager spared jail for encouraging terror attacks – The Independent
‘A neo-Nazi teenager who encouraged terror attacks and downloaded indecent images of young children has been spared jail.’
The Independent, 2nd November 2020
Source: www.independent.co.uk
BAILII: Recent Decisions
Supreme Court
Stoffel & Co v Grondona [2020] UKSC 42 (30 October 2020)
Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43 (30 October 2020)
Court of Appeal (Civil Division)
Apache North Sea Ltd v Euroil Exploration Ltd & Anor [2020] EWCA Civ 1397 (30 October 2020)
Prempeh v Lakhany [2020] EWCA Civ 1422 (30 October 2020)
Deepchand & Anor v Sooben [2020] EWCA Civ 1409 (29 October 2020)
Telefonica UK Ltd v The Office of Communications [2020] EWCA Civ 1374 (29 October 2020)
Total E&P North Sea UK Ltd & Anor v Revenue And Customs [2020] EWCA Civ 1419 (29 October 2020)
Smith v Castle Point Borough Council & Anor [2020] EWCA Civ 1420 (29 October 2020)
Musico v Secretary of State for the Home Department [2020] EWCA Civ 1389 (28 October 2020)
Court of Appeal (Criminal Division)
Lowther & Ors, R. v [2020] EWCA Crim 1387 (29 October 2020)
A, R. v (Rev 1) [2020] EWCA Crim 1408 (29 October 2020)
Hodgin, R. v [2020] EWCA Crim 1388 (29 October 2020)
High Court (Administrative Court)
D, R (on the application of) v Hampshire County Council [2020] EWHC 2916 (Admin) (30 October 2020)
Gbajobi v High Court Republic of Ireland (Rev 1) [2020] EWHC 2892 (Admin) (28 October 2020)
High Court (Chancery Division)
King & Ors v Kings Solutions Group Ltd [2020] EWHC 2861 (Ch) (29 October 2020)
Hunt (As the Liquidator of Wow Internet Ltd) & Anor v Majid [2020] EWHC 2890 (Ch) (29 October 2020)
High Court (Commercial Court)
Fulham Football Club Ltd v Kline [2020] EWHC 2907 (Comm) (30 October 2020)
Aegean Baltic Bank S.A. v Renzlor Shipping Ltd & Ors [2020] EWHC 2851 (Comm) (30 October 2020)
High Court (Family Division)
A (A Child), Re (Relocation) [2020] EWHC 2878 (Fam) (30 October 2020)
High Court (Queen’s Bench Division)
Depp II v News Group Newspapers Ltd & Anor [2020] EWHC 2911 (QB) (02 November 2020)
Plan v El-Amir & Anor [2020] EWHC 2902 (QB) (02 November 2020)
Haji-Ioannou v Telegraph Media Group Ltd & Anor [2020] EWHC 2922 (QB) (02 November 2020)
Coleman v Mundell [2020] EWHC 2852 (QB) (30 October 2020)
Leach v North East Ambulance Service NHS Foundation Trust [2020] EWHC 2914 (QB) (30 October 2020)
Hamilton v NG Bailey Ltd [2020] EWHC 2910 (QB) (30 October 2020)
Rayner v Seabourne-Hawkins [2020] EWHC 2895 (QB) (30 October 2020)
Gubarev & Anor v Orbis Business Intelligence Ltd & Anor [2020] EWHC 2912 (QB) (30 October 2020)
Source: www.bailii.org
Disputed burial and the Senior Courts Act 1981: Ganoun – Law & Religion UK
‘The issue in Ganoun v Joshi & Anor [2020] EWHC 2743 (Ch) was the disposal of the remains of a man who died in September 2020 as a result of a road traffic accident leaving a widow, Ms Joshi [1 & 3].’
Law & Religion UK, 30th October 2020
Source: lawandreligionuk.com
Court of Appeal rules on ‘just and reasonable’ UK tax apportionment – OUT-LAW.com
‘Any company with “lumpy” profits which would be disadvantaged by a time-based apportionment of oil-related profits for UK tax purposes is entitled to elect for a different profit apportionment method, the Court of Appeal has ruled.’
Out-Law.com, 2nd November 2020
Source: www.pinsentmasons.com
Reconsideration or review? – Local Government Lawyer
‘Owain Rhys James looks at an inspector’s jurisdiction under section 195 of the Town and Country Planning Act.’
Local Government Lawyer, 30th October 2020
Source: www.localgovernmentlawyer.co.uk
Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette
‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’
Law Society's Gazette, 30th October 2020
Source: www.lawgazette.co.uk
Children: Public Law Update (October) – Family Law Week
“John Tughan QC of 4PB considers the latest judgments that Public law child lawyers need to know about.”
Family Law Week, 28th October 2020
Source: www.familylawweek.co.uk
Campaigners hail dramatic government climbdown in battle to protect post-Brexit food standards – The Independent
‘A dramatic government climbdown will protect post-Brexit food quality, delighted campaigners say – after fears that chlorinated chicken and hormone-fed beef would be allowed in. In another U-turn, Liz Truss has bowed to pressure to give teeth to a new watchdog to prevent trade deals, particularly with the US, watering down food and animal welfare standards.’
The Independent, 1st November 2020
Source: www.independent.co.uk
Windrush: At least nine victims died before getting compensation – BBC News
‘At least nine people have died before receiving money applied for through the Windrush compensation scheme, according to Home Office figures.’
BBC News, 2nd November 2020
Source: www.bbc.co.uk
Johnny Depp loses libel case against Sun over claims he beat ex-wife Amber Heard – The Guardian
‘The Hollywood actor Johnny Depp has lost his high-stakes libel action in the London courts against the Sun after the newspaper described him as a “wife beater”.’
The Guardian, 2nd November 2020
Source: www.theguardian.com
A ruling delivered in open court or in writing is capable of amounting to a confiscation order (R v Westbrook) – 5SAH
‘The Court of Appeal ruled that, as with other orders, the judge’s solemn pronouncement in court was the order and a failure to draw up a formal written document within the prescribed two-year period from the date of sentence did not invalidate it. In any event, the judge had provided written reasons, findings and figures which satisfied the statutory requirements of the Proceeds of Crime Act 2002 (POCA 2002). The Court of Appeal ruled that in the absence of prejudice or unfairness resulting from an administrative or procedural breach, it could not be argued that a failure to draw up the order rendered it invalid. The second ground of appeal (that the judge had wrongly concluded that there were hidden assets) was unarguable and leave to appeal was refused.’
5SAH, 20th October 2020
Source: www.5sah.co.uk
Andrew Hill – ‘Sentencing of Young People with particular reference to the Issue of Mental Health’- 33 Bedford Row
‘I will look at in this article at some of the sentencing principles and guidance when sentencing young people and in particular for serious offences and when they are suffering from mental illness.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square
‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’
4 New Square, 14th October 2020
Source: www.4newsquare.com
The importance of acting with “reasonable promptitude” when applying for relief from forfeiture: Keshwala and another v Bhalsod [2020] EWHC 2372 (QB) – Hardwicke Chambers
‘The tenants (Claimants) had a twenty-year lease of 89 Narborough Road, Leicester (Property) which commenced on 12 March 2008. The Property consisted of a lock-up shop on the ground floor with residential accommodation above. The Claimants mistakenly paid only £1,500 of the £2,000 quarterly instalment of rent that fell due in June 2018, leaving arrears of £500.’
Hardwicke Chambers, 14th October 2020
Source: hardwicke.co.uk
Is there a different burden of proof in relation to misconduct cases in which there is a possibility that an employee who works with children may pose a danger? No, says the EAT in K v L UKEAT/0014/18/JW – 3PB
‘The Claimant had been employed by the respondents for 20 years as a teacher. On 30th December 2016 the Police entered his property having been granted a warrant to search for and seize computers in the possession of the Claimant. The warrant was based on intelligence that indecent images of a child or children had been downloaded to an IP address associated with the Claimant. The Claimant lived at the address with his son. One of the computers was found to have data that was of interest to the Police.’
3PB, 2nd October 2020
Source: www.3pb.co.uk
Causation in insurance law – a new interpretation? – Hardwicke Chambers
‘The High Court in Financial Conduct Authority v Arch Insurance (UK) Ltd [2020] EWHC 2448 (Comm) have provided much needed guidance on business interruption insurance. Within the judgment was analysis on the law of causation for insurance policies. The decision may be perceived as, at best, widening the approach when undertaking the “but for” test, or at least providing much needed clarity to the test.’
Hardwicke Chambers, 6th October 2020
Source: hardwicke.co.uk
Ex-zoo worker jailed over penguins and rare birds theft – BBC News
‘A man who stole penguins and rare birds from a zoo has been jailed.’
BBC News, 30th October 2020
Source: www.bbc.co.uk
