New Developments in Cost Budgeting – 4 New Square
‘Ben Williams QC, Rob Marven QC and Benjie Fowler consider the changes to cost budgeting introduced in October 2020.’
4 New Square, 7th October 2020
Source: www.4newsquare.com
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
Revisiting interim payments in IPFDA 1975 claims: Weisz v Weisz [2019] EWHC 3101 (Fam) – Hardwicke Chambers
‘Charlotte John investigates interim payments under the Inheritance (Provision for Family & Dependants) Act.’
Hardwicke Chambers, 26th October 2020
Source: hardwicke.co.uk
Brothers stopped and searched over a fist bump to sue Met police – The Guardian
‘Two innocent black brothers wrongly suspected by police of drug dealing after they bumped fists in the street say they were targeted because of their skin colour and will sue the police.’
The Guardian, 29th October 2020
Source: www.theguardian.com
Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association
‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’
UK Constitutional Law Association, 28th October 2020
Source: ukconstitutionallaw.org
Inappropriate police restraint contributed to the death of Kevin Clarke inquest concludes – Garden Court Chambers
‘Kevin Andre Clarke was 35-year-old black man who died after being restrained by police in Lewisham, South London, on 9 March 2018. Kevin had suffered from paranoid schizophrenia since the age of 17 and at the time of his death was experiencing a mental health episode.’
Garden Court Chambers, 9th October 2020
Source: www.gardencourtchambers.co.uk
Does the failure to place a redundant employee on an existing “bank” workers list render a dismissal unfair? – 3PB
‘It was common ground between the parties that the claimant had been dismissed for a fair reason, namely redundancy. The point of contention arose from the fact that, at point of dismissal, the respondent had in place a list of workers upon whom it would call upon to undertake adhoc work as and when needed.’
3PB, 2nd October 2020
Source: www.3pb.co.uk
Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer
‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’
Local Government Lawyer, 28th October 2020
Source: www.localgovernmentlawyer.co.uk
Parliament could get legal powers to summon witnesses, MP says – The Guardian
‘Parliament could soon be given legal powers to summon reluctant witnesses such as Dominic Cummings and Rupert Murdoch to answer questions from MPs, according to the chair of a Commons committee.’
The Guardian, 28th October 2020
Source: www.theguardian.com
SRA eyes “activity based licences” and scheme for unregulated providers – Legal Futures
‘The Solicitors Regulation Authority (SRA) could offer “activity-based licences”, allowing lawyers to provide individual reserved legal activities instead of its current “all or nothing” approach to regulation.’
Legal Futures, 29th October 2020
Source: www.legalfutures.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)
S (A Child : Finding of Fact) [2020] EWCA Civ 1382 (27 October 2020)
Chief Constable of West Yorkshire Police & Ors v Dyer & Ors [2020] EWCA Civ 1375 (27 October 2020)
Court of Appeal (Criminal Division)
Bassett v R. [2020] EWCA Crim 1376 (28 October 2020)
High Court (Administrative Court)
Crocker v Devon And Cornwall Police [2020] EWHC 2838 (Admin) (28 October 2020)
Ali v Director of Public Prosecutions [2020] EWHC 2864 (Admin) (27 October 2020)
Zins, R (On the Application Of) v East Suffolk Council [2020] EWHC 2850 (Admin) (27 October 2020)
High Court (Chancery Division)
Sheeran & Ors v Chokri & Ors [2020] EWHC 2806 (Ch) (28 October 2020)
Sunbird Business Services Ltd, Re [2020] EWHC 2860 (Ch) (28 October 2020)
High Court (Queen’s Bench Division)
Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) (27 October 2020)
Source: www.bailii.og
Claire Parry death: PC Timothy Brehmer jailed for manslaughter – BBC News
‘A police officer who strangled his long-term lover after she exposed their affair to his wife has been jailed.’
BBC News, 28th October 2020
Source: www.bbc.co.uk
Overturning a coroner’s verdict – 5SAH
‘Why is it so difficult to overturn a coroner’s verdict at inquest level? And are coroners entitled to reach the decisions they do with regards the scope of the inquest?’
5SAH, 20th October 2020
Source: www.5sah.co.uk
Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk
‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’
12 King's Bench Walk, 9th October 2020
Source: www.12kbw.co.uk
Recovery against insolvent estates – The 36 Group
‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’
The 36 Group, 26th October 2020
Source: 36group.co.uk
