BAILII: Recent Decisions

Posted October 8th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Y (Leave to Oppose Adoption), Re [2020] EWCA Civ 1287 [2020] EWCA Civ 1287 (07 October 2020)

High Court (Administrative Court)

Herbasz v The Regional Court In Gdansk, Poland [2020] EWHC 2643 (Admin) (07 October 2020)

McGaw v The Welsh Ministers [2020] EWHC 2588 (Admin) (07 October 2020)

High Court (Chancery Division)

Financial Reporting Council Ltd v Frasers Group Plc [2020] EWHC 2656 (Ch) (08 October 2020)

Kirby & Ors v Baker & Metson Ltd [2020] EWHC 2640 (Ch) (07 October 2020)

High Court (Commercial Court)

Lopesan Touristik SA v Apollo European Principal Finance Fund III (Dollar A) L.P. & Ors [2020] EWHC 2642 (Comm) (08 October 2020)

High Court (Queen’s Bench Division)

Bromford Housing Association Ltd v Nightingale [2020] EWHC 2648 (QB) (07 October 2020)

Source: www.bailii.org

Prisoners convicted of attempting to murder prison officer in HMP Whitemoor terror attack – The Independent

Posted October 8th, 2020 in attempted murder, news, prison officers, prisons, terrorism by sally

‘Two prisoners have been found guilty of trying to kill a prison officer in a terror attack inside a maximum-security jail.’

Full Story

The Independent, 7th October 2020

Source: www.independent.co.uk

Met police pay compensation to man fathered by undercover officer – The Guardian

Posted October 8th, 2020 in compensation, news, paternity, police, psychiatric damage, spying by sally

‘Force pays confidential sum to man who discovered at the age of 26 that his father, Bob Lambert, was a police officer rather than a leftwing activist.’

Full Story

The Guardian, 7th October 2020

Source: www.theguardian.com

UK passport photo checker shows bias against dark-skinned women – BBC News

Posted October 8th, 2020 in bias, computer programs, internet, minorities, news, passports, photography by sally

‘Women with darker skin are more than twice as likely to be told their photos fail UK passport rules when they submit them online than lighter-skinned men, according to a BBC investigation.’

Full Story

BBC News, 8th October 2020

Source: www.bbc.co.uk

Brexit strategy risks UK ‘dictatorship’, says ex-president of supreme court – The Guardian

Posted October 8th, 2020 in bills, brexit, judges, ministers' powers and duties, news, parliament by sally

‘Lord Neuberger condemns internal market bill for exempting some of its powers from legal challenge.’

Full Story

The Guardian, 7th October 2020

Source: www.theguardian.com

Government to pay £2m to settle coronavirus testing case – BBC News

Posted October 8th, 2020 in competition, computer programs, contracting out, coronavirus, news by sally

‘The UK has agreed to settle a lawsuit over how it selected an IT contract for coronavirus testing at its Lighthouse labs.’

Full Story

BBC News, 8th October 2020

Source: www.bbc.co.uk

London borough wins High Court battle over community centre ownership – Local Government Lawyer

Posted October 7th, 2020 in injunctions, local government, London, news, planning by sally

‘Brent Council has won a High Court dispute over the ownership of a community centre site and secured an injunction restraining the defendants from making any applications to register a restriction against the property.’

Full Story

Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

Bar Council: Positive action like ‘preferential briefing’ can aid diversity – Legal Futures

Posted October 7th, 2020 in barristers, diversity, equality, news, pupillage, sex discrimination, women by sally

‘Positive action – such as giving female barristers preferential access to briefs after returning to chambers from career breaks – can bring about real change in addressing under-representation at the Bar, the Bar Council has said.’

Full Story

Legal Futures, 7th October 2020

Source: www.legalfutures.co.uk

Predatory Southend rapist sentenced – Crown Prosecution Service

Posted October 7th, 2020 in consent, Crown Prosecution Service, forensic science, imprisonment, news, rape, sentencing, sexual offences by sally

‘Olawale Hassan, a 34-year-old man, has been sentenced to ten years and two months today (06/10/2020) at Basildon Crown Court for the sexual assault and rape of a woman in Southend.’

Full Story

Crown Prosecution Service, 6th October 2020

Source: www.cps.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 7th, 2020 in legislation by sally

The Immigration (Health Charge) (Amendment) Order 2020

The Jobseekers (Back to Work Schemes) Act 2013 (Remedial) Order 2020

The Sentencing (Pre-consolidation Amendments) Act 2020 (Exception) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 7th, 2020 in law reports by sally

Court of Appeal (Criminal Division)

Flint & Anor, R v [2020] EWCA Crim 1266 (06 October 2020)

High Court (Queen’s Bench Division)

Oberholster v Little & Anor [2020] EWHC 2635 (QB) (06 October 2020)

Source: www.bailii.org

Legal profession hits back at Johnson over ‘lefty lawyers’ speech – The Guardian

Posted October 7th, 2020 in barristers, bills, brexit, constitutional law, government departments, human rights, international law, judges, legal profession, news, political parties, rule of law, solicitors by sally

“Lawyers say government’s hostility risks stirring up hatred and undermining rule of law.’

Full Story

The Guardian, 6th October 2020

Source: www.theguardian.com

Private hospital company was unaware of concerns the top surgeon was hoarding bones – The Independent

Posted October 7th, 2020 in doctors, hospitals, medical ethics, medical treatment, news, professional conduct by sally

‘The former owners of a private hospital where hip surgeon Derek McMinn carried out thousands of operations on patients was only told about concerns he was hoarding bones and tissue without proper permission last week – a year after an internal investigation suggested they should be told. Nuffield Health, which runs more than 30 hospitals, told The Independent it was unaware of any issues related to Prof McMinn until reports of his alleged behaviour last week.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

Search warrants reform to help law enforcement investigate crime – Law Commission

Posted October 7th, 2020 in evidence, Law Commission, police, statute law revision, warrants by sally

‘Reforms that would reduce the number of unlawful search warrants being issued and help law enforcement to investigate crime and collect evidence (especially that stored electronically) have today [7 October 2020] been recommended by the Law Commission, the Government’s independent law reform body.’

Full press release

Law Commission, 7th October 2020

Source: www.lawcom.gov.uk

Inheritance delays causing financial hardship for the bereaved – The Independent

Posted October 7th, 2020 in bereavement, coronavirus, delay, executors, families, news, probate, wills by sally

‘With probate applications now taking three times longer to approve, more than 8,000 estates remain unclaimed.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

Court to rule on UK freedom of information bids from overseas – The Guardian

Posted October 7th, 2020 in extradition, foreign jurisdictions, freedom of information, government departments, news, tribunals by sally

‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’

Full Story

The Guardian, 6th October 2020

Source: www.theguardian.com

Unexplained Wealth Orders: Suspected money launderer gives up £10m of property – BBC News

Posted October 7th, 2020 in confiscation, money laundering, national crime agency, news, proceeds of crime, unexplained wealth orders by sally

‘Around £10m of property has been surrendered in a major victory against some of northern England’s most dangerous criminals. The apartments and homes were given up to the National Crime Agency by a Leeds businessman who investigators suspect of being a major money-launderer.’

Full Story

BBC News, 7th October 2020

Source: www.bbc.co.uk

Justin Welby: Child sex abuse report a ‘wake-up call’ for Church – BBC News

Posted October 7th, 2020 in abuse of position of trust, child abuse, children, Church of England, inquiries, news, sexual offences by sally

‘A report that found the Church of England failed to protect children from sexual abuse was “a big wake-up call”, the Archbishop of Canterbury has said. Justin Welby said “nothing must get in the way” of change after a report from the Independent Inquiry into Child Sex Abuse (IICSA) said the Church had failed to protect children.’

Full report

Full Story

BBC News, 7th October 2020

Source: www.bbc.co.uk

Boris Johnson undermining courts to consolidate power, retired Supreme Court judge warns – The Independent

Posted October 7th, 2020 in constitutional law, courts, government departments, judges, judiciary, legal profession, news, parliament, rule of law, select committees by sally

‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

Posted October 6th, 2020 in construction industry, contracts, costs, dispute resolution, enforcement, insurance, news, set-off by sally

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

Full Story

Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com