Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2020 in legislation by sally

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 17) Regulations 2020

The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) (Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 5th, 2020 in law reports by sally

Court of Appeal (Civil Division)

“Maduro Board” of the Central Bank of Venezuela v “Guaid Board” of the Central Bank of Venezuela [2020] EWCA Civ 1249 (05 October 2020)

Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council [2020] EWCA Civ 1259 (02 October 2020)

Mirchandani v The Lord Chancellor [2020] EWCA Civ 1260 (02 October 2020)

High Court (Administrative Court)

Thornton v Oil and Gas Authority [2020] EWHC 2615 (Admin) (05 October 2020)

London Historic Parks And Gardens Trust v Secretary of State for Housing Communities And Local Government [2020] EWHC 2580 (Admin) (02 October 2020)

High Court (Chancery Division)

The Financial Reporting Council Ltd v Frasers Group Plc [2020] EWHC 2607 (Ch) (05 October 2020)

Bilta (UK) Ltd (In Liquidation) & Ors v Natwest Markets PLC & Anor [2020] EWHC 2598 (Ch) (02 October 2020)

Byers & Ors v Samba Financial Group [2020] EWHC 2591 (Ch) (02 October 2020)

Kea Investments Ltd v Watson & Ors [2020] EWHC 2599 (Ch) (02 October 2020)

High Court (Queen’s Bench Division)

North of England Coachworks Ltd v Khan [2020] EWHC 2596 (QB) (02 October 2020)

Source: www.bailii.org

Vos: ‘lawyers face steep learning curve on tech’ – Law Society’s Gazette

‘All lawyers will need to become familiar with the concepts and workings of distributed ledger technology, smart legal contracts and cryptoassets, according to the next master of the rolls. In a foreword to a landmark report on the regulation of blockchain technology, Sir Geoffrey Vos says that the pandemic “has only emphasised our need to understand the ways in which technology is affecting our professional lives. Lawyers face a steep learning curve.” ’

Full Story

Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

Full Story

Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Four convicted after investigation into homophobic behaviour at West Ham vs Brighton game – The Independent

‘West Ham said they have a “zero-tolerance approach” to any kind of discrimination after four men were convicted of public order offences following an investigation into homophobic behaviour at a Premier League game.’

Full Story

The Independent, 4th October 2020

Source: www.independent.co.uk

Grenfell victim’s family aims to force change to evacuation rules for disabled people – The Guardian

‘The family of a disabled woman who died trapped in Grenfell Tower is taking legal action against the government to force high-rise owners to make evacuation plans for every disabled resident. Sakina Afrasehabi, who had severe arthritis and walked with a frame, died on the 18th floor in the June 2017 blaze at the age of 65. Now her family want a judicial review of government proposals, arising from the disaster, that personal evacuation plans should only apply for people in buildings considered at immediate fire risk.’

Full Story

The Guardian, 5th October 2020

Source: www.theguardian.com

Gang who stole Isaac Newton and Galileo books by abseiling into building to avoid motion sensors jailed – The Independent

Posted October 5th, 2020 in artistic works, burglary, gangs, imprisonment, news, sentencing, theft by sally

‘A dozen men have been jailed over a Mission Impossible-style heist during which thieves abseiled through a roof to avoid motion sensors in order to steal “irreplaceable” books by Isaac Newton and Galileo.’

Full Story

The Independent, 3rd October 2020

Source: www.independent.co.uk

Coronavirus: Students fined £200 over party at university halls – The Independent

‘Two students have been fined £200 each following an illegal party in a university’s halls of residence, West Midlands Police has said.’

Full Story

The Independent, 3rd October 2020

Source: www.independent.co.uk

Ilford takeaway fined for serving burger after curfew – BBC News

Posted October 5th, 2020 in coronavirus, emergency powers, enforcement, fines, food, news, police by sally

‘An east London takeaway has been fined £1,000 for serving a burger four minutes after the 10pm curfew.’

Full Story

BBC News, 5th October 2020

Source: www.bbc.co.uk

Supreme Court President Lord Reed wants more diversity in Supreme Court – BBC News

‘The new Supreme Court president says he hopes a justice from an ethnic minority background will be appointed before his retirement in six years’ time. Lord Reed said the lack of diversity among the 12 Supreme Court justices was a situation “which cannot be allowed to become shameful if it persists”.’

Full Story

BBC News, 5th October 2020

Source: www.bbc.co.uk

Coronavirus: Amnesty demands immediate inquiry into care home residents ‘abandoned to die’ – The Independent

‘The human rights of older people have been violated in England’s care homes because of a series of “shockingly irresponsible” government decisions in response to the coronavirus pandemic, a report has found.’

Full Story

The Independent, 4th October 2020

Source: www.independent.co.uk

State aid laws to be revoked in the UK – OUT-LAW.com

Posted October 2nd, 2020 in brexit, EC law, news, state aids by sally

‘The UK government has set out legislative proposals which seek to revoke EU state aid laws in the UK from the end of the Brexit transition period. The draft State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 would, if enacted and from 1 January 2021, revoke state aid laws which would have otherwise been retained into domestic law in the UK by virtue of the EU (Withdrawal) Act 2018.’

Full Story

OUT-LAW.com, 30th September 2020

Source: www.pinsentmasons.com

Time isn’t on your side and resolving old disputes is never easy – Practical Law: Construction Blog

‘Time flies when you are having fun, or so the saying goes. I think it flies whether you are having fun or not, although I’m sure we’ve all experienced those moments when it isn’t flying at all and it feels like it has stood still. As Pink Floyd famously sang, “Ticking away the moments that make up a dull day”. You may wonder why I am talking about time. Well, it’s because of the events leading up to Fraser J’s judgment in John Doyle Contractors Ltd v Erith Contractors Ltd. They are all to do with time.’

Full Story

Practical Law: Construction Blog, 29th September 2020

Source: constructionblog.practicallaw.com

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

‘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

Recent Statutory Instruments – legislation.gov.uk

Posted October 2nd, 2020 in legislation by sally

The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 16) Regulations 2020

The Social Security Contributions (Disregarded Payments) (Coronavirus) (England) Regulations 2020

The Town and Country Planning (Pre-application Consultation) Order 2020

The Wireless Telegraphy (Licence Charges) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 2nd, 2020 in law reports by sally

Court of Appeal (Criminal Division)

Hewitt, R. [2020] EWCA Crim 1247 (01 October 2020)

High Court (Administrative Court)

Seidi v Tribunal Judicial Da Comarca De Lisboa, Portugal [2020] EWHC 2597 (Admin) (02 October 2020)

Girling v East Suffolk Council [2020] EWHC 2579 (Admin) (01 October 2020)

High Court (Chancery Division)

London Borough of Brent v Johnson & Ors [2020] EWHC 2526 (Ch) (01 October 2020)

High Court (Commercial Court)

Raiffeisen Bank International AG v Asia Coal Energy Ventures Ltd & Anor [2020] EWHC 2602 (Comm) (02 October 2020)

Palmali Shipping SA v Litasco SA [2020] EWHC 2581 (Comm) (01 October 2020)

High Court (Queen’s Bench Division)

Gavigan v Norton [2020] EWHC 2583 (QB) (01 October 2020)

Source: www.bailii.org

Lord Chancellor’s Speech: Opening of the Legal Year Service – Ministry of Justice

‘Speech delivered by the Lord Chancellor at Temple Church for the Opening of the Legal Year Service.’

Full press release

Ministry of Justice, 2nd October 2020

Data protection challenges of remote working – Local Government Lawyer

‘Samantha Smith looks at how organisations can handle the data protection challenges of remote working.’

Full Story

Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

The Court of Protection, s.48 and interim orders – Local Government Lawyer

Posted October 2nd, 2020 in care homes, consent, Court of Protection, local government, mental health, news by sally

‘Lee Parkhill analyses an important Court of Protection ruling on s. 48 of the Mental Capacity Act and interim orders.’

Full Story

Local Government Lawyer, 2nd October 2020

Source: www.localgovernmentlawyer.co.uk

Disabled lawyers “benefit from homeworking during pandemic” – Legal Futures

‘The suspension of office working under lockdown has helped improve the mental and physical health of disabled lawyers, research has indicated.’

Full Story

Legal Futures, 2nd October 2020

Source: www.legalfutures.co.uk