‘A local authority cannot seek to change the nationality of children in care without the matter being considered by the High Court, the Court of Appeal has ruled.’
Local Government Lawyer, 13th August 2020
Source: www.localgovernmentlawyer.co.uk
‘In a preliminary issue trial, the court considered the provisions of the Public Contracts Regulations 2015 (PCR 2015) relating to standing to bring a claim. The claimant’s case was that the council had unlawfully amended and extended an existing contract instead of conducting a full public procurement exercise and that, had such an exercise been run, it would have assembled a consortium to bid for the contract and might have won it. In a lengthy judgment, His Honour Judge Russen QC hammered home the fact that a potential challenger has to establish on the balance of probabilities that it has a ‘material interest’ in the procurement in order to bring a claim under PCR 2015. It is not sufficient, in order to meet the requirements of PCR 2015, reg 91, for a claimant to say that it has established only a more than fanciful case that it has, through noncompliance with the regulations, lost a more than fanciful opportunity. Community R4C Ltd v Gloucestershire County Council [2020] EWHC 1803 (TCC).’
Henderson Chambers, 5th August 2020
Source: www.hendersonchambers.co.uk
‘On 8 June 2020 the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (the Amendment Regulations) came into force. The Amendment Regulations established a new fee regime for the remuneration of legal aid providers for appellants whose asylum and immigration appeals are being dealt with under a new Online Procedure which had previously been in pilot phase, but was rolled out widely by the First-tier Tribunal (FtT) in mid-March 2020.’
Garden Court Chambers, 12th August 2020
Source: www.gardencourtchambers.co.uk
‘For over twenty years, section 233 of the Insolvency Act 1986 (“IA 1986”) has restricted the contractual freedom of parties, but only in the context of a narrow range of contracts for the supply of utilities such as gas, water and electricity when a company enters into a specified insolvency process. In 2015, further restrictions to the enforcement of insolvency related contract terms were introduced, though again only with regard to this narrow range of contracts. The new section 233B IA 1986, by contrast, is far broader in scope and puts a significant dent in the ability of parties to enforce and vary contractual terms. This article considers the implications of the new provision, which entered into force on 26 June 2020.’
Forum Chambers, 10th August 2020
Source: www.forumchambers.com
‘The recent appointment of Dr Tony Sewell as head of the Commission on Race and Ethnic Disparities has been cause for concern for racial justice campaigners. In an article in Prospect magazine, Dr Sewell stated that he believed institutional racism has given black children “the discourse of the victim” and he has recently had to apologise for making “wrong and offensive” comments about gay men.’
Doughty Street Chambers, 12th August 2020
Source: insights.doughtystreet.co.uk
‘The Court of Appeal, overturning a Divisional Court decision, has found the use of a facial recognition surveillance tool used by South Wales Police to be in breach of Article 8 of the European Convention on Human Rights (ECHR). The case was brought by Liberty on behalf of privacy and civil liberties campaigner Ed Bridges. The appeal was upheld on the basis that the interference with Article 8 of the ECHR, which guarantees a right to privacy and family life, was not “in accordance with law” due to an insufficient legal framework. However, the court found that, had it been in accordance with law, the interference caused by the use of facial recognition technology would not have been disproportionate to the goal of preventing crime. The court also found that Data Protection Impact Assessment (DPIA) was deficient, and that the South Wales Police (SWP), who operated the technology, had not fulfilled their Public Sector Equality Duty.’
UK Human Rights Blog, 13th August 2020
Source: ukhumanrightsblog.com
‘The government could face legal action over the mass downgrading of A-level results in England, with affected students saying they feel discriminated against over their school’s track-record.’
Each Other, 13th August 2020
Source: eachother.org.uk
‘Companies offering training for staff and support including paid leave and emergency accommodation.’
The Guardian, 13th August 2020
Source: www.theguardian.com
‘A “greedy” and “arrogant” free climber has been given a suspended sentence for defying a court order not to scale tall buildings.’
BBC News, 13th August 2020
Source: www.bbc.co.uk
‘UK consumers are typically being overcharged by at least £400 – and possibly a lot more – when they pay for a funeral, according to Britain’s competition watchdog.’
The Guardian, 13th August 2020
Source: www.theguardian.com
‘From single-parent families to “blended” or extended family units, whether they be same-sex parents or opposite-sex parents, the concept of the “nuclear family” has become less prevalent, and less apt, to describe modern families in the 21st century. Today’s modern family structures include those where children are created through assisted reproductive technologies and encompass sperm/ egg/embryo donation, or children born via a surrogate or are adopted. Despite dedicated legislation in the form of HEFA 1990 and 2008, the law is in a permanent state of catch-up with the advances in medical reproductive technologies. Novel legal issues are emerging, which the law has had to respond to, and grapple with.’
Pump Court Chambers, 12th August 2020
Source: www.pumpcourtchambers.com
‘R. (Bridges) v Chief Constable of South Wales [2020] EWCA Civ 1058 [2020] 8 WLUK 64 is thought to be the first case in the world to consider the use of facial recognition technology by law enforcement agencies. In this short article, we explore the judgment and its implications for the deployment of these and similar technologies in future.’
Doughty Street Chambers, 12th August 2020
Source: insights.doughtystreet.co.uk
‘The Commercial Court (Jacobs J) has dismissed applications to dispute the English Court’s jurisdiction in respect of claims for damages and declarations of non-liability in respect of proceedings brought by the Defendants in Luxembourg claiming damages in excess of €68 million. The decision illustrates the English Court’s commercially-minded approach to the construction of exclusive jurisdiction clauses and to the provisions of the Brussels I Recast Regulation that confer priority on courts seised under those clauses.
Blackstone Chambers, 6th August 2020
Source: www.blackstonechambers.com
SI 2020/824 – The Health Protection (Coronavirus, Restrictions) (Leicester) (No. 2) Regulations 2020
SI 2020/829 – The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 5) Regulations 2020
SI 2020/832 – The Rating Lists (Valuation Date) (England) Order 2020
SI 2020/852 – The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020
SI 2020/847 – The Immingham Open Cycle Gas Turbine Order 2020
SI 2020/851 – The Dogger Bank Teesside A and B Offshore Wind Farm (Amendment) Order 2020
Source: www.legislation.gov.uk
Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Source: www.bailii.org
‘Parliament should review the law around rape cases where neither party can remember having sex, a military judge has suggested after clearing an Army major of attacking a female Captain.’
Daily Telegraph, 12th August 2020
Source: www.telegraph.co.uk
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