Sarah Hassall murder: Brian Manship jailed for life – BBC News
‘A man has been sentenced to life in prison for the “inexplicable” murder of a woman who he “lured” to his flat after meeting in a pub.’
BBC News, 30th July 2020
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
KN (A Child) (Art 15 Transfer) [2020] EWCA Civ 1002 (30 July 2020)
High Court (Chancery Division)
Frank Schrijver UK Ltd & Anor v Smart Dry Intl Ltd & Ors [2020] EWHC 2092 (Ch) (30 July 2020)
High Court (Commercial Court)
Apache North Sea Ltd v Ineos FPS Ltd [2020] EWHC 2081 (Comm) (30 July 2020)
Vale SA v BSG Resources Ltd & Anor [2020] EWHC 2021 (Comm) (30 July 2020)
High Court (Patents Court)
High Court (Technology and Construction Court)
Source: www.bailii.org
Serious Fraud Office prosecutes Airbus subsidiary over alleged corruption – The Guardian
‘The Serious Fraud Office (SFO) is prosecuting a UK subsidiary of Europe’s largest aerospace multinational, Airbus, along with three men over alleged corruption in an arms deal with Saudi Arabia.’
The Guardian, 30th July 2020
Source: www.theguardian.com
Judges reject terror offender’s challenge of early release ban – BBC News
‘An attempt by terrorism offender Mohammed Zahir Khan to overturn a ban on early release from prison has been thrown out by the High Court.’
BBC News, 30th July 2020
Source: www.bbc.co.uk
Uber BV v Aslam – Old Square Chambers
‘In this case the drivers argue Uber is a transportation company for whom they provide services as “workers”. Uber disagrees, arguing it is a technology services provider acting as an agent for drivers in their business relationship with passengers. The question for the Court is whether the drivers are “workers” for the purposes of s.230(3)(b) of the Employment Rights Act 1996, s.54(3)(b) of the National Minimum Wage Act 1998 and reg.2(1) of the Working Time Regulations 1998. If this threshold is passed, a further issue is when the drivers are workers. Possible options include: (1) from the collection of the passenger until the driver reaches the passenger’s destination, (2) from the moment a booking is accepted until the passenger is dropped off, (3) any time when the driver is in the relevant territory with the Uber app switched on. This case is important as it provides an opportunity for the Supreme Court to provide guidance on the interpretation of Autoclenz v Belcher [2011] UKSC 41 and the correct approach to when it is permissible to disregard written contractual terms in an employment context.’
Old Square Chambers, 21st July 2020
Source: www.oldsquare.co.uk
What challenges do rape victims face in getting cases to court? – The Guardian
‘Rape prosecutions and convictions have halved in three years, prompting concerns that the offence is effectively being decriminalised. These are some of the challenges rape victims face in getting their cases to court.’
The Guardian, 30th July 2020
Source: www.theguardian.com
SCCO will use remote hearings more once back to normal – Litigation Futures
‘Video and phone hearings are set to become a permanent feature of the Senior Courts Costs Office (SCCO) even after the coronavirus pandemic has passed, the Senior Costs Judge has said.’
Litigation Futures, 30th July 2020
Source: www.litigationfutures.com
Pontypridd: £37m school shake-up scrapped by judicial review – BBC News
‘A £37m schools reorganisation in the south Wales valleys has been quashed after a judicial review.’
BBC News, 30th July 2020
Source: www.bbc.co.uk
Prosecution service under fire over record low rape convictions – The Guardian
‘The Crown Prosecution Service has faced a barrage of criticism after rape convictions in England and Wales fell to a record low, with police publicly censuring its charging policies and a judge paving the way for a landmark legal challenge.’
The Guardian, 30th July 2020
Source: www.theguardian.com
Equal Pay, Parental Rights, Personal Beliefs and Protest Movements – a review of recent developments in the areas of sport and employment law – Littleton Chambers
‘Across the board people have been reassessing how the traditional views of what it means to be an “employee” fit within our modern world.’
Littleton Chambers, 21st July 2020
Source: littletonchambers.com
Reining in the rule against reflective loss: Sevilleja v Marex Financial Ltd – Hardwicke Chambers
‘In a much-anticipated judgment, the Supreme Court in Sevilleja v Marex Financial Ltd unanimously allowed an appeal against a decision which, if it had been allowed to stand, would have denuded the intentional economic torts of much of their practical utility.’
Hardwicke Chambers, 28th July 2020
Source: hardwicke.co.uk
“Stay” no more: the future for possession claims. Practice Direction 55C (and Christmas?) – Falcon Chambers
‘First it was CPR PD 51Z. Then CPR 55.29. Not to mention Arkin v Marshall [2020] EWCA Civ 620; Hackney LBC v Okoro [2020] EWCA Civ 681; TFS Stores Ltd v Designer Retail Outlet Centres (Mansfield) General Partner Ltd [2020] EWCA Civ 833. Has any other element of civil procedure law, not least one with a mere 5 month lifespan, ever received consideration no fewer than three times by the Court of Appeal? Such is the significance of the coronavirus-related general stay of possession claims.’
Falcon Chambers, 20th July 2020
Source: www.falcon-chambers.com
A right to cross-examine? The current position – No. 5 Chambers
‘There is, generally, a right to cross-examine. It was established in the 1992 rules, and is present in the same form in r 16(5) of the 2000 Rules:
“A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (9), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.” ’
No. 5 Chambers, 21st July 2020
Source: www.no5.com
McKenzie v Leeds Crown Court – Exchange Chambers
‘The Claimant was due to have his 4 day trial commence in Leeds Crown Court on 27th April 2020. On 23rd March the Lord Chief Justice pronounced that no new trials would commence until further notice. This was categorised during the claim as a “listing decision”; one that affected every single criminal case in the jurisdiction that was pending trial before the Crown Court. The application to extend the Claimant’s CTL was made the same day the decision was made on the recent pro-forma application which states that each application is “made due to the current public health crisis”. The application was heard on what would have been the first day of trial and in a written judgement of the Claimant’s CTL was extended. These applications have been made up and down the country on the same basis and so the claim was of wide public importance.’
Exchange Chambers, 23rd July 2020
Source: www.exchangechambers.co.uk
Reflecting on “reflective loss”: Case note on Sevilleja v Marex Financial Ltd [2020] UKSC 31 – Hailsham Chambers
‘The appeal to the Supreme Court in Sevilleja v Marex Financial Ltd [2020] UKSC 31 re-states the principle that a company’s shareholders cannot recover damages against a wrongdoer for loss which is “reflective” of a loss caused by the wrongdoer to the company itself.’
Hailsham Chambers, July 2020
Source: www.hailshamchambers.com
Arbitration Claims Under CPR Part 62: Is Forum Non Conveniens Relevant? – Hardwicke Chambers
‘This article reviews the recent case of Enka Insaat Ve Sanayi AS v OOO “Insurance Company Chubb” & Ors (Rev 1) [2020] EWCA Civ 574.’
Hardwicke Chambers, 23rd July 2020
Source: hardwicke.co.uk
BAILII: Recent Deisions
Supreme Court
Lehtimaki & Ors v Cooper [2020] UKSC 33 (29 July 2020)
Court of Appeal (Civil Division)
FS Cairo (Nile Plaza) LLC v Brownlie [2020] EWCA Civ 996 (29 July 2020)
Houldsworth Village Management Company Ltd v Barton [2020] EWCA Civ 980 (29 July 2020)
Secretary of State for the Home Department & Anor v RH [2020] EWCA Civ 1001 (29 July 2020)
High Court (Administrative Court)
Network Rail Infrastructure Ltd v Welsh Ministers [2020] EWHC 1993 (Admin) (30 July 2020)
Klisins v Regional Court of Dobele, Latvia [2020] EWHC 2076 (Admin) (29 July 2020)
Pommell v Crown Prosecution Service [2020] EWHC 2074 (Admin) (29 July 2020)
High Court (Chancery Division)
Eric Wright Group Ltd v Council of the City of Manchester [2020] EWHC 2089 (Ch) (30 July 2020)
Celgard, LLC v Shenzhen Senior Technology Material Co Ltd [2020] EWHC 2072 (Ch) (30 July 2020)
Telnic Ltd v Knipp Medien Und Kommunikation GmbH [2020] EWHC 2075 (Ch) (29 July 2020)
High Court (Commercial Court)
Serious Fraud Office & Anor v LCL & Ors (Ruling) [2020] EWHC 2077 (Comm) (28 July 2020)
Serious Fraud Office & Anor v LCL & Ors (Ruling) [2020] EWHC 2079 (Comm) (28 July 2020)
Apache North Sea Ltd v Ineos FPS Ltd [2020] EWHC 2081 (Comm) (30 July 2020)
Vale SA v BSG Resources Ltd & Anor [2020] EWHC 2021 (Comm) (30 July 2020)
High Court (Technology and Construction Court)
Source: www.bailii.org
Family Law Newsletter – Spire Barristers
‘Issue #35 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton.’
Spire Barristers, 22nd July 2020
Source: spirebarristers.co.uk
