BAILII: Recent Decisions

Posted September 7th, 2020 in law reports by sally

Court of Appeal (Civil Division)

HA (Iraq) v Secretary of State for the Home Department [2020] EWCA Civ 1176 (04 September 2020)

High Court (Chancery Division)

Virgin Atlantic Airways Ltd, Re [2020] EWHC 2376 (Ch) (04 September 2020)

High Court (Commercial Court)

The Federal Republic of Nigeria v Process & Industrial Developments Ltd [2020] EWHC 2379 (Comm) (04 September 2020)

High Court (Family Division)

K (A Child) (Stay of Return Order: Asylum Application) (Contact to a Parent in Self-Isolation) [2020] EWHC 2394 (Fam) (04 September 2020)

J, Re [2020] EWHC 2395 (Fam) (25 August 2020)

High Court (Queen’s Bench Division)

Keshwala & Anor v Bhalsod & Anor [2020] EWHC 2372 (QB) (04 September 2020)

High Court (Technology and Construction Court)

Dr Jones Yeovil Ltd v The Stepping Stone Group Ltd [2020] EWHC 2308 (TCC) (04 September 2020)

Source: www.bailii.org

Custody time limit to be increased to ease court case backlog in England – The Guardian

Posted September 7th, 2020 in coronavirus, courts, delay, detention, news, time limits, trials by sally

‘Unconvicted defendants awaiting trial in prison face longer stints behind bars, as ministers plan to increase custody time limits to ease the pressure of a rising backlog of court cases, the Guardian understands.’

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The Guardian, 6th September 2020

Source: www.theguardian.com

Campaigners start legal challenge to UK’s $1bn grant to Mozambique gas project – The Guardian

Posted September 7th, 2020 in climate change, disclosure, energy, environmental protection, government departments, judicial review, news by sally

‘Environmentalists at Friends of the Earth will mount a legal challenge against the government’s decision to offer $1bn in financial support to a major fossil fuel project in Mozambique that they say is “incompatible” with the Paris climate agreement.’

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The Guardian, 7th September 2020

Source: www.theguardian.com

Case Comment: Sevilleja v Marex Financial Ltd [2020] UKSC 31 – UKSC Blog

Posted September 4th, 2020 in appeals, company law, damages, debts, insolvency, news, shareholders, Supreme Court, third parties by sally

‘In this case comment, David Bridge and Jessica Foley, both solicitor-advocates within the CMS litigation & arbitration team, comment on the decision handed down by the UK Supreme Court earlier this summer in the matter of Sevilleja v Marex Financial Ltd [2020] UKSC 31, which concerned whether the rule against reflective loss bars creditors of a company from claiming directly against a third party for asset-stripping the company.’

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UKSC Blog, 4th September 2020

Source: ukscblog.com

Oxford Union: Blind student removed from debate compensated – BBC News

Posted September 4th, 2020 in compensation, disability discrimination, disabled persons, disciplinary procedures, news, universities by sally

‘A blind student who was “violently” removed from the Oxford Union debating society has been paid compensation.’

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BBC News, 2nd September 2020

Source: www.bbc.co.uk

GMB union institutionally sexist, inquiry finds – The Guardian

Posted September 4th, 2020 in bullying, equality, harassment, inquiries, news, professional conduct, sex discrimination, trade unions by sally

‘One of Britain’s biggest trade unions has been described as “institutionally sexist” in a highly critical independent report.

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The Guardian, 3rd September 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 4th, 2020 in legislation by sally

The Finance Act 2008, Section 135 (Coronavirus) Order 2020

The Competition Act 1998 (Coronavirus) (Public Policy Exclusions) (Amendment and Revocation) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 4th, 2020 in law reports by sally

High Court (Chancery Division)

Frank Schrijver UK Ltd & Anor v Smart Dry Intl Ltd & Ors [2020] EWHC 2092 (Ch) (04 September 2020)

Source: www.bailii.org

BSB pilots reverse race mentoring for senior White barristers – Legal Futures

Posted September 4th, 2020 in barristers, diversity, equality, news, pilot schemes, race discrimination, racism by sally

The Bar Standards Board (BSB) has launched a pilot reverse mentoring scheme, in which Bar students and junior barristers from Black, Asian and minority ethnic (BAME) backgrounds mentor senior White barristers.

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Legal Futures, 3rd September 2020

Source: www.legalfutures.co.uk

How warnings about Heni and Jan’s killer were missed – BBC News

Posted September 4th, 2020 in child abuse, Crown Prosecution Service, imprisonment, local government, murder, news, police, prostitution, sentencing, sexual grooming, sexual offences, victims by sally

‘The bodies of Henriett Szucs and Mihrican Mustafa were discovered in the east London flat of Zahid Younis in April 2019. The BBC has investigated how the authorities cared for the women and dealt with their killer Younis – a convicted sex offender who has been sentenced to life in prison with a minimum term of 38 years.’

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BBC News, 3rd September 2020

Source: www.bbc.co.uk

Legal profession must be “more open about menopause” – Legal Futures

Posted September 4th, 2020 in equality, Law Society, legal profession, menopause, news, solicitors, statistics, women by sally

‘More openness about the menopause is needed, the Law Society said yesterday as it released guidance on experiencing menopause in the legal profession to mark Menopause Awareness Month.’

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Legal Futures, 2nd September 2020

Source: www.legalfutures.co.uk

Scientist jailed for sending fake poison to Theresa May – BBC News

Posted September 4th, 2020 in child abuse, imprisonment, indecent photographs of children, malicious communications, mental health, news, political parties, sentencing, sexual offences by sally

‘A scientist has been jailed for sending fake poison to Theresa May in a letter criticising her policy on Russia.’

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BBC News, 3rd September 2020

Source: www.bbc.co.uk

Leicester garment factory bosses banned from running businesses for more than 400 years – The Guardian

Posted September 4th, 2020 in company directors, fraud, HM Revenue & Customs, insolvency, news, taxation by sally

‘Directors of clothing manufacturers in Leicester have been struck off for a combined total of more than 400 years in cases costing HMRC millions, data shared with the Guardian reveals.’

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The Guardian, 3rd September 2020

Source: www.theguardian.com

Lawyers for XR to perform “arrestable action” outside SRA offices – Legal Futures

Posted September 4th, 2020 in barristers, climate change, demonstrations, environmental protection, legal profession, news, solicitors, Solicitors Regulation Authority by sally

‘Lawyers for Extinction Rebellion (XR) will perform a “theatrical and arrestable action” outside the London office of the Solicitors Regulation Authority (SRA) today in a bid to push the regulator “to confirm or deny lawyers’ rights to engage in peaceful non-violent protest, without fear of losing their right to practise”.’

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Legal Futures, 4th September 2020

Source: www.legalfutures.co.uk

Man who killed women and hid them in freezer guilty – BBC News

Posted September 4th, 2020 in imprisonment, murder, news, sentencing by sally

‘A convicted sex offender has been found guilty of murdering two women whose bodies were found in his freezer.’

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BBC News, 3rd September 2020

Source: www.bbc.co.uk

Competition watchdog takes enforcement action over leaseholds – The Guardian

Posted September 4th, 2020 in compensation, competition, consumer protection, enforcement, fees, housing, leases, news, ombudsmen by sally

‘The competition watchdog has launched enforcement action against four of the UK’s leading housing developers – Barratt, Persimmon, Taylor Wimpey and Countryside Properties – after an investigation uncovered evidence that leasehold homeowners and prospective buyers were being misled and charged excessive fees.’

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The Guardian, 4th September 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted September 3rd, 2020 in law reports by sally

Court of Appeal (Civil Division)

Peel Investments (North) Ltd v Secretary of State for Housing, Communities And Local Government & Anor [2020] EWCA Civ 1175 (03 September 2020)

High Court (Chancery Division)

Truewood Ltd, Re [2020] EWHC 2360 (Ch) (03 September 2020)

High Court (Queen’s Bench Division)

Burleigh v Telegraph Media Group Ltd [2020] EWHC 2359 (QB) (02 September 2020)

Source: www.bailii.org

Case Comment: Sutherland v Her Majesty’s Advocate (Scotland) [2020] UKSC 32 – UKSC Blog

Posted September 3rd, 2020 in evidence, human rights, internet, news, privacy, Scotland, sexual offences, Supreme Court by sally

‘In this post, Joanna Clark and Emma Ainsley of CMS discuss the judgment handed down by the UK Supreme Court on 15 July 2020 in a referral from the High Court of Justiciary, the Scottish criminal appeal court, in the matter of Sutherland v Her Majesty’s Advocate [2020] UKSC 32 concerning the admissibility of evidence obtained by so-called “paedophile hunter” groups in criminal trials.’

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UKSC Blog, 1st September 2020

Source: ukscblog.com

Judges issues guidance to experts on remote evidence – Litigation Futures

Posted September 3rd, 2020 in evidence, expert witnesses, news, remote hearings by sally

‘A panel of top judges has issued guidance for expert witnesses on giving evidence remotely, which warns that “processing information through online contact is hard”.’

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Litigation Futures, 3rd September 2020

Source: www.litigationfutures.com

Series of failings in terror supervision condemned – BBC News

Posted September 3rd, 2020 in news, terrorism by sally

‘A catalogue of failings have been found in the way people convicted of terror-related offences are monitored by the authorities in England and Wales.’

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BBC News, 2nd September 2020

Source: www.bbc.co.uk