Covid: Scarborough woman jailed for coughing at police – BBC News
‘A woman who deliberately coughed at police investigating a breach of coronavirus restrictions has been jailed for four months.’
BBC News, 23rd February 2021
Source: www.bbc.co.uk
Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?- UK Constitutional Law Association
‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’
UK Constitutional Law Association, 22nd February 2021
Source: ukconstitutionallaw.org
Victims of human trafficking: can they be criminals as well? – UK Human Rights Blog
‘V.C.L. and A.N. v the United Kingdom (16 February 2021). Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’
UK Human Rights Blog, 22nd February 2021
Source: ukhumanrightsblog.com
What Brexit means for employers and the right to work – EIN Blog
‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’
EIN Blog 22nd February 2021
Source: www.ein.org.uk
Contract interpretation – who has commercial common sense? – Practical Law: Construction Blog
‘The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual interpretation” (as stated by Lord Hodge in Wood v Capita Insurance Services Ltd). That means the factual background (matrix of fact) and commercial common sense still have a role to play where the plain meaning of the words is not clear (which is usually the reason why there is a dispute in the first place).’
Practical Law: Construction Blog, 23rd February 2021
No interest on general damages in police actions – UK Police Law Blog
‘The Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to the judgment, there will usually be no need for an additional award of interest. A substantial award of exemplary damages – £150,000, split between three claimants, was upheld on the basis that the case had involved an egregious prosecution set in motion by an officer of very senior rank (a Detective Chief Superintendent).’
UK Police Law Blog, 22nd February 2021
Source: ukpolicelawblog.com
Council to pay more than £7,000 to Year 10 pupil left without a school for more than a year – Local Government Lawyer
‘Leicestershire County Council has agreed to apologise and pay a teenager £7,200 after an investigation from the Local Government and Social Care Ombudsman (LGSCO) found it left her without an academy school place for nearly 14 months.’
Local Government Lawyer, 23rd February 2021
Source: www.localgovernmentlawyer.co.uk
Court draws adverse inferences from “deliberate destruction” of emails – Litigation Futures
‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’
Litigation Futures, 23rfd February 2021
Source: www.litigationfutures.com
Recent Statutory Instruments – legislation.gov.uk
UK firms given six months’ grace on gender pay gap reporting – The Guardian
‘Companies that fail to meet the gender pay gap reporting deadline of 4 April will be given a six-month reprieve before any enforcement action is taken against them. The Equality and Human Rights Commission (EHRC) said companies should report by the deadline if possible, but confirmed it would not begin enforcement proceedings until 4 October.’
The Guardian, 22nd February 2021
Source: www.theguardian.com
MI6 ‘body-in-bag’: Spy Gareth Williams’ London flat death reviewed – BBC News
‘The death of an MI6 agent whose naked body was found inside a locked holdall at his London flat is to be reviewed. Metropolitan Police investigators said new information about Gareth Williams, who died in 2010, had come to light.’
BBC News, 22nd February 2021
Source: www.bbc.co.uk
Uber accused of trying to deter drivers from seeking compensation – The Guardian
‘Uber has been accused of trying to deter drivers from seeking compensation for missed holiday and minimum wage payments after a landmark court ruling.’
The Guardian, 22nd February 2021
Source: www.theguardian.com
Ex-Labour staffer goes to court to try to identify leaker of antisemitism report – The Guardian
‘A former senior Labour staffer has taken the party to court in an attempt to force it to disclose the identity of the leaker of a report on antisemitism in the party that contained hundreds of private WhatsApp messages.’
The Guardian, 22nd February 2021
Source: www.theguardian.com
Leader of Islamist terrorist network jailed for over 3 years after sparking manhunt at UK borders – The Independent
‘A senior leader of a terrorist network has been jailed after sparking a manhunt that caused nine-hour tailbacks in Dover.’
The Independent, 23rd February 2021
Source: www.independent.co.uk
BAILII: Recent Decisions
Supreme Court
Uber BV & Ors v Aslam & Ors [2021] UKSC 6 (19 February 2021)
Evergreen Marine (UK) Ltd v Nautical Challenge Ltd [2021] UKSC 6 (19 February 2021)
Court of Appeal (Civil Division)
Unite the Union v Alec McfAdden [2021] EWCA Civ 199 (19 February 2021)
Pigot v The Environment Agency [2021] EWCA Civ 213 (19 February 2021)
IPCOM GmbH & Co Kg v Vodafone Group Plc & ors [2021] EWCA Civ 205 (19 February 2021)
Leech Homes Ltd v Northumberland County Council [2021] EWCA Civ 198 (19 February 2021)
Court of Appeal (Criminal Division)
KL v R. [2021] EWCA Crim 200 (19 February 2021)
High Court (Administrative Court)
Puharic v Silverbond Enterprises Ltd [2021] EWHC 351 (QB) (19 February 2021)
High Court (Chancery Division)
Amirtharaja & Anor v White & Ano [2021] EWHC 330 (Ch) (19 February 2021)
Docklock Ltd v C Christo & Co Limited [2021] EWHC 308 (Ch) (19 February 2021)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Puharic v Silverbond Enterprises Ltd [2021] EWHC 351 (QB) (19 February 2021)
Meng v HSBC Bank Plc & Ors [2021] EWHC 342 (QB) (19 February 2021)
High Court (Technology and Construction Court)
Motacus Constructions Ltd v Paolo Castelli SpA [2021] EWHC 356 (TCC) (22 February 2021)
CIS General Insurance Ltd v IBM United Kingdom Ltd [2021] EWHC 347 (TCC) (19 February 2021)
Source: www.bailii.org
Uber drivers “set for £12k awards” after Supreme Court ruling – Litigation Futures
‘Tens of thousands of Uber drivers could be entitled to £12,000 in compensation, lawyers said today after the Supreme Court ruled they should be classed as workers.’
Litigation futures, 19th February 2021
Source: www.litigationfutures.com
European Commission approval for the ‘adequacy’ status of our data protection laws has been welcomed by the government. But is the UK making the wrong choice of regimes? – Law Society’s Gazette
‘Last week’s news that the European Commission is to approve the treasured ‘adequacy’ status of UK data protection laws came as a relief to much of the legal sector. Apart from allowing businesses to continue sharing personal data across the EU when the current bridging agreement expires in June, adequacy status also helps with law enforcement and other matters where cross-border co-operation is vital.’
Law Society's Gazette, 22nd February 2021
Source: www.lawgazette.co.uk
