BAILII: Recent Decisions

Posted September 29th, 2020 in law reports by sally

Court of Appeal (Civil Division)

PN (Uganda), R (On the Application Of) v Secretary of State for the Home Department [2020] EWCA Civ 1213 (28 September 2020)

Court of Appeal (Criminal Division)

Westbrook & Anor, R. v (Rev 1) [2020] EWCA Crim 1243 (29 September 2020)

Turner, R. v [2020] EWCA Crim 1241 (29 September 2020)

High Court (Chancery Division)

Criterion Buildings Ltd v McKinsey & Company, Inc. United Kingdom & Anor [2020] EWHC 2552 (Ch) (28 September 2020)

High Court (Queen’s Bench Division)

Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB) (25 September 2020)

Source: www.bailii.org

Inquiry into failings at south Wales maternity units grows to 160 cases – The Guardian

Posted September 29th, 2020 in birth, complaints, hospitals, news, Wales by sally

‘An independent panel investigating two maternity units in south Wales where a series of failings may have put the lives of mothers and babies at risk is looking into the care given to 150 women, it emerged on Monday.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Communication, Education and Speech Difficulties in the Criminal Justice System – Oxford Human Rights Hub

Posted September 29th, 2020 in criminal justice, dyslexia, education, learning difficulties, news, prisons, statistics by sally

‘The level of educational achievement by incarcerated offenders in the UK is far lower than the average. In addition, 40-50% of prisoners assessed in John Rack’s research for the Dyslexia Institute (2005) were at or below levels of literacy and numeracy expected of an 11-year old. In 2007, the Prison Reform Trust reported that prison populations who showed serious deficits in literacy and numeracy reached up to 60% with a 30% dyslexia rate. This literacy problem extends to oral speech. People in the Criminal Justice System are ten times more likely to have a Speech and Communication Difficulty than members of the public. Research shows that 60% of young male offenders have a communication deficit as opposed to 3-10% of the general population (Available evidence for young female and adult offenders shows similarly high levels of speech-difficulties.) In the UK, low socio-economic status (SES), speech difficulty and school exclusions are co-morbid factors for offending. Having a speech difficulty also makes it near impossible for anyone with significant communication difficulties to navigate a legal system built upon excessive jargon without help. The criminal justice system must make structural interventions to protect the rights of persons with Speech and Communication Difficulty.’

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Oxford Human Rights Hub, 17th September 2020

Source: ohrh.law.ox.ac.uk

Woman wins UK legal fight over unlawful deportation to Uganda – The Guardian

Posted September 29th, 2020 in appeals, asylum, deportation, detention, homosexuality, news by sally

‘The Home Office has lost a case in the court of appeal against a 27-year-old lesbian asylum seeker it was found to have unlawfully removed from the UK and was forced to fly back to the UK in the summer of 2019.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Female advocates “to lose instructions” with longer court hours – Legal Futures

Posted September 29th, 2020 in barristers, carers, coronavirus, courts, flexible working, news, solicitors, women, working time by sally

‘Criminal advocates unable to accommodate courts’ extended operating hours (EOH) – who are disproportionately women – are likely to miss out instructions even though they can ask for hearings to be held during regular hours instead, research has warned.’

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Legal Futures, 29th September 2020

Source: www.legalfutures.co.uk

EP 126: The Birds and the Bees – Law Pod UK

Posted September 29th, 2020 in animals, birds, environmental protection, news, podcasts by sally

‘Rosalind English gathers a panel of experts together to discuss the thorny issue of reintroduction of endangered species. This episode is part of a two part series on the subject, organised by the Environmental Law Foundation that promotes access to justice in matters of environmental law.’

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Law Pod UK, 29th September 2020

Source: audioboom.com

English universities must consider partial fee refunds, says regulator – The Guardian

Posted September 29th, 2020 in coronavirus, fees, news, repayment, universities by sally

‘Universities in England must consider refunding some tuition fees, their regulator has said as it emerged that lawyers are challenging the legal basis of a two-week lockdown of 1,700 students in Manchester.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

Inquest into suicide of gambling addict will explore if UK state failed him – The Guardian

‘The parents of a gambling addict who killed himself have said government bodies “do not want to know what killed a perfectly happy and healthy 24-year-old” who was hooked on “products licensed by the state”.’

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The Guardian, 25th September 2020

Source: www.theguardian.com

Why Coronavirus Curbs On Our Liberty Need Better Scrutiny – Each Other

‘In recent months there have been growing media reports of anti-lockdown protests, supported by conspiracy theorists, in which demonstrators have made bizarre and outlandish claims. The conspiracies – unsupported by scientific evidence – are often couched in terms of “civil liberties” and “freedoms”.’

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Each Other, 25th September 2020

Source: eachother.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 28th, 2020 in legislation by sally

The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2020

The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 5) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Protected Areas and Restriction on Businesses) (Amendment) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 15) Regulations 2020

The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Early Termination of Certain Temporary Provisions) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020

The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) (Amendment) Regulations 2020

The Mobile Homes (Requirement for Manager of Site to be Fit and Proper Person) (England) Regulations 2020

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 28th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Christian Concern, R (On the Application Of) v Secretary of State for Health And Social Care [2020] EWCA Civ 1239 (25 September 2020)

Court of Appeal (Criminal Division)

Western Trading Ltd & Anor v R. [2020] EWCA Crim 1234 (24 September 2020)

High Court (Administrative Court)

II, R (On the Application Of) v Commissioner of Police of the Metropolis [2020] EWHC 2528 (Admin) (24 September 2020)

High Court (Chancery Division)

Koninklijke Philips NV v Tinno Mobile Technology Corporation & Ors [2020] EWHC 2553 (Ch) (25 September 2020)

Fox Street Village Ltd, Re [2020] EWHC 2541 (Ch) (25 September 2020)

Colt Group Ltd v Unicourt Wandsworth LLB [2020] EWHC 2549 (Ch) (25 September 2020)

Barrowfen Properties v Patel & Ors [2020] EWHC 2536 (Ch) (24 September 2020)

Bramston & Anor v Pye & Anor [2020] EWHC 2473 (Ch) (24 September 2020)

High Court (Commercial Court)

Marriott v Fresson & Ors [2020] EWHC 2515 (Comm) (25 September 2020)

Greater Manchester Fire and Rescue Service v Veevers [2020] EWHC 2550 (Comm) (25 September 2020)

High Court (Family Division)

WS v KL [2020] EWHC 2548 (Fam) (25 September 2020)

High Court (Technology and Construction Court)

Energy Works (Hull) Ltd v MW High Tech Projects UK Ltd & Ors [2020] EWHC 2537 (TCC) (24 September 2020)

Source: www.bailii.org

UK barrister mistaken for defendant calls for compulsory anti-racism training – The Guardian

‘The barrister who was mistaken for a defendant three times in one day at court has called for compulsory anti-racism training at every level of the UK legal system.’

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The Guardian, 26th September 2020

Source: www.theguardian.com

Were the March 2020 lockdown restrictions lawfully imposed? (Part 1) — Emmet Coldrick – UK Human Rights Blog

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”) contained the most draconian restrictions on the liberty of the general population ever imposed in England. They purported to create several new criminal offences (see reg. 9), including an offence of contravening a regulation that “… no person may leave the place where they are living without reasonable excuse” (see reg. 6) and an offence of contravening, without reasonable excuse, a regulation that (subject to limited exceptions) “no person may participate in a gathering in a public place of more than two people” (see reg. 7).’

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UK Human Rights Blog, 24th September 2020

Source: ukhumanrightsblog.com

Changes afoot as litigators lambast disclosure pilot – Litigation Futures

Posted September 28th, 2020 in civil procedure rules, costs, courts, disclosure, news, pilot schemes, solicitors, statistics by sally

‘Commercial litigators have vented their frustration – and in some cases anger – with the disclosure pilot in the Business and Property Courts, and changes to its rules have been put forward as a result of this and other feedback.’

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Litigation Futures, 24th September 2020

Source: www.litigationfutures.com

Dozens of Asian lawyers say they have been mistaken for defendants – The Guardian

‘More than 20 Asian lawyers have come forward to say they have been mistaken for defendants in court, in the same week that the black barrister Alexandra Wilson said the same had happened to her three times in a day.’

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The Guardian, 25th September 2020

Source: www.theguardian.com

Wine rampage CCTV shows abuse shop workers face – BBC News

‘The CEOs of 23 retailers have co-signed a letter to Boris Johnson asking for better legal protection for shop workers who face abuse.’

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BBC News, 26th September 2020

Source: www.bbc.co.uk

Theodore Konstadinides, Lee Marsons and Maurice Sunkin: Reviewing Judicial Review: The constitutional importance of the Independent Review of Administrative Law 2020 – UK Constitutional Law Association

Posted September 28th, 2020 in constitutional law, judicial review, news, statute law revision by sally

‘Last year, the Government committed itself to establishing a Commission on the Constitution, Democracy and Rights, which would consider reform of the UK’s constitutional order, including judicial review and the Human Rights Act 1998. Instead, on 30 July 2020, the Government launched an ostensibly narrower Independent Review of Administrative Law (IRAL) to examine the need for reforms of judicial review in particular. This is to be conducted by an advisory panel of experts led by Lord Faulks QC. Any options for reform put forward by the Review will be considered by the Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP and by the Chancellor of the Duchy of Lancaster, Michael Gove MP. Both the report of the Review and the Government’s response will be published by the end of 2020 or shortly thereafter.’

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UK Constitutional Law Association, 24th September 2020

Source: ukconstitutionallaw.org

New Covid fines of up to £10,000 come into force in England – The Guardian

‘A new, more robust chapter in English coronavirus regulations begins on Monday, with fines of up to £10,000 for people who refuse to self-isolate when asked, and enforcement including tip-offs from people who believe that others are breaching the rules.’

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The Guardian, 28th September 2020

Source: www.theguardian.com

BSB: Bar students’ results “broadly in line” with the average – Legal Futures

Posted September 28th, 2020 in barristers, coronavirus, examinations, internet, legal education, news by sally

‘The early signs are that the performance of Bar professional training course students in last month’s controversial exams was “broadly in line” with the average, the Bar Standards Board (BSB) said yesterday.’

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Legal Futures, 25th September 2020

Source: www.legalfutures.co.uk

Law Commission’s consultation on marriage reforms – Law Society’s Gazette

‘When most couples start planning a wedding, they excitedly think about the day itself – what they will wear, who they will invite and of course, where they want to get married.’

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Law Society's Gazette, 24th September 2020

Source: www.lawgazette.co.uk