BAILII: Recent Decisions
Court of Appeal (Civil Division)
Irish Bank Resolution Corporation Ltd v Revenue And Customs [2020] EWCA Civ 1128 (28 August 2020)
Assetco Plc v Grant Thornton UK LLP [2020] EWCA Civ 1151 (28 August 2020)
High Court (Administrative Court)
AB v Prosecutor General’s Office, Lithuania [2020] EWHC 2348 (Admin) (27 August 2020)
High Court (Queen’s Bench Division)
Hopkins v Revenue And Customs [2020] EWHC 2355 (QB) (01 September 2020)
High Court (Technology and Construction Court)
Source: www.bailii.org
Ofcom: Does TV Need A New Diversity Regulator? – Each Other
‘Media regulator Ofcom is under fresh scrutiny after historian David Olusoga accused it of failing to hold broadcasters accountable for their lack of diversity. EachOther spoke to industry experts about their views on his call for a new diversity regulator and what it should look like.’
Each Other, 28th August 2020
Source: eachother.org.uk
A Force to be Reckoned with by John Bowers QC – Littleton Chambers
‘In his article “A Force to be Reckoned with” for the New Law Journal, John Bowers QC reflects on 20 years since the ground breaking case that lifted the ban on gay men and women serving in the military. John acted for one of the applicants in this case, alongside David Pannick QC, Laura Cox, the late Peter Duffy and others.’
Littleton Chambers, 20th August 2020
Source: littletonchambers.com
Triple threat to justice system in England and Wales, lawyers warn – The Guardian
‘The criminal justice system in England and Wales is facing the triple threat of a shortage of defence lawyers, financial shock as furlough assistance from the government ends and the mass postponement of trials due to the coronavirus pandemic.’
The Guardian, 31st August 2020
Source: www.theguardian.com
Asylum seekers: Delays in processing applications rise – BBC News
‘Delays in processing UK asylum applications increased significantly last year, official figures suggest.’
BBC News, 31st August 2020
Source: www.bbc.co.uk
Judge wrong to impose costs on litigation friend – Litigation Futures
‘A High Court judge was wrong to order a litigation friend, acting for children, to pay costs after unsuccessfully applying to challenge the settlement of a trust dispute, appeal judges have ruled.’
Litigation Futures, 26th August 2020
Source: www.litigationfutures.com
Sentencing and confiscation in prosecutions for breaches of planning enforcement notices (R v Roth): Sarah Wood for Lexis Nexis – 5SAH
‘This case involved an appeal against a fine and a confiscation order following criminal proceedings for breach of an enforcement notice served under the Town and Country Planning Act 1990 (TCPA 1990). The appellant, Mr Roth, had converted a property into 12 self-contained flats without prior planning permission. His appeal against sentence was successful; insufficient credit had been given for his guilty plea in the Crown Court, where the case had been committed for the purposes of confiscation. The appeal against the confiscation order was advanced on three grounds: firstly, that the wording of the summons restricted the criminality to one day; secondly, that the rent received was not linked to the breach of the planning legislation; and thirdly, that it was disproportionate for the benefit figure to comprise the gross rental received. All three grounds were dismissed.’
5SAH, 24th August 2020
Source: www.5sah.co.uk
Rapper Ceon Broughton wins appeal against manslaughter conviction following festival death of Louella Fletcher-Michie – Garden Court Chambers
‘Ceon Broughton, a rapper jailed over the death of his partner Louella Fletcher-Michie from a drug overdose at Bestival has won his appeal against his manslaughter conviction. Broughton’s conviction in 2019 and seven-year prison sentence for manslaughter was quashed on 18 August 2020 by the Court of Appeal. The appeal was heard before The Lord Chief Justice of England and Wales Lord Burnett, Mr Justice Sweeney and Mr Justice Murray.’
Garden Court Chambers, 18th August 2020
Source: www.gardencourtchambers.co.uk
GCSE results: Key Q&As for Students and Schools – 3PB
‘This year is a year like no other. Students have found out how they performed in exams they did not even sit. The Department for Education (“DfE”) changed its approach in a major U-turn five days after the A Level results were released.’
3PB, 20th August 2020
Source: www.3pb.co.uk
‘Lawful object’ – Section 4(1) of the Explosive Substances Act 1883 – KCH Garden Sq
‘On the 11 March 2020 the Supreme Court gave their judgment in the case of R v Copeland [2020] UKSC 8. This case concerned the interpretation of the Explosive Substances Act 1883 (‘the Act’), section 4(1). This provides that anyone who makes or has in their possession explosive substances is liable to prosecution unless they can show it was ‘for a lawful object’. Specifically, the Court considered the meaning of what constituted ‘a lawful object’ and the case is likely to be of some interest to those involved in counter-terrorism matters.’
KCH Garden Sq, August 2020
Source: kchgardensquare.co.uk
Tribunal upholds award to age discrimination job interview solicitor – Law Society’s Gazette
‘The employment tribunal has declined to change its compensation award made to a solicitor who claimed age discrimination when he was turned down for a job.’
Law Society's Gazette, 27th August 2020
Source: www.lawgazette.co.uk
Ban on evictions and notice periods extended in Government u-turn – St Ives Chambers
‘The stay imposed on possession proceedings was due to expire on Sunday 23 August 2020. However, in an 11th hour u-turn, Robert Jenrick announced on Friday afternoon that the ban on evictions would be extended for a further 4 weeks (taking the total ban to 6 months) in England and Wales. In a further, unforeseen twist, it was announced that a new 6 month notice period would be in place until at least 31 March 2021 (this applies to England only) in all matters save for “serious cases”, examples of which are anti-social behaviour and domestic abuse.’
St Ives Chambers, 21st August 2020
Source: www.stiveschambers.co.uk
Council to pay £1,700+ after London man housed in Birmingham forced to give up job – Local Government Lawyer
‘Merton Council has agreed to pay more than £1,700 in compensation to a man who had to give up one of his jobs because the authority gave him accommodation in Birmingham – leaving him with a three-hour commute.’
Local Government Lawyer, 27th August 2020
Source: www.localgovernmentlawyer.co.uk
Drug dealer jailed for crash that killed London bus driver – BBC News
‘A convicted drug dealer who killed a bus driver and injured 14 people in a multi-vehicle crash has been jailed for seven years and eight months.’
BBC News, 27th August 2020
Source: www.bbc.co.uk
‘Fair and reasonable’ telecom IP ruling is boost for UK courts – Law Society’s Gazette
‘Long-awaited Supreme Court rulings on mobile phone patents will boost the UK’s position as a forum for resolving global IP licensing disputes, specialist lawyers said today.’
Law Society's Gazette, 26th August 2020
Source: www.lawgazette.co.uk
PI solicitor struck off for “stupid” decision to forge client’s signature – Legal Futures
‘An experienced personal injury solicitor who forged his client’s signature on two court documents to progress her case “acted stupidly” and had to be struck off, a tribunal has decided.’
Legal Futures, 28th August 2020
Source: www.legalfutures.co.uk
