Chris Packham loses appeal against HS2 rail project – The Guardian
‘The broadcaster Chris Packham has lost his case against HS2 in the court of appeal.’
The Guardian, 31st July 2020
Source: www.theguardian.com
Ex-MP Charlie Elphicke convicted of sexual assault – The Guardian
‘The Conservative ex-MP Charlie Elphicke is facing jail after being found guilty of three counts of sexual assault against two women in a verdict that prompted his wife – who represents his former constituency – to announce the end of their marriage.’
The Guardian, 30th July 2020
Source: www.theguardian.com
Government rejects calls to make ‘spiralling’ pet theft a crime – BBC News
‘Calls to make pet theft a specific criminal offence have been rejected by ministers, who say it is covered by existing laws.’
BBC News, 30th July 2020
Source: www.bbc.co.uk
Grime artist Solo 45 jailed for 24 years for multiple rapes – The Guardian
‘The grime artist Solo 45, whose real name is Andy Anokye, has been jailed for 24 years for holding four women against their will and raping them repeatedly.’
The Guardian, 30th July 2020
Source: www.theguardian.com
British trafficking victim sues Priti Patel alleging abuse of personal data – The Guardian
‘A British victim of trafficking is bringing a case against the home secretary, Priti Patel, arguing that her department unlawfully accessed personal information including details of her intimate thoughts.’
The Guardian, 30th July 2020
Source: www.theguardian.com
Rees v Windsor- Clive Rees v Windsor-Clive (as Trustees of the St Fagan’s No 1 and No 2 Trusts) [2020] EWCA Civ 816 – Tanfield Chambers
‘The question whether a right of entry clause permitted a landlord to undertake activities in order to comply with planning conditions was a matter of fact and degree.’
Tanfield Chambers, 17th July 2020
Source: www.tanfieldchambers.co.uk
The public/private divide in the Environmental Information Regulations 2004 – Monckton Chambers
‘In a judgment that will be of interest to a number of entities, particularly in the transport and utilities sectors, the Upper Tribunal in IC v Poplar Housing Association [2020] UKUT 182 (AAC) has provided a boost to this analysis, upholding a narrow definition of “public authority” under Regulation 2(2)(c) of the Environmental Information Regulations (“EIR”) that will exclude many organisations from the scope of the regime.’
Monckton Chambers, 24th July 2020
Source: www.monckton.com
Enforcing the Novel Food regime – Part 1: Overview and Rationale – 3PB
‘This short series of bitesize articles will take a deeper look into the enforcement of the Novel Food regime and seek to identify and breakdown the powers made available to those agencies (typically local authorities), who are tasked with securing compliance.’
3PB, 21st July 2020
Source: www.3pb.co.uk
Council loses High Court battle over level of support for disabled young woman – Local Government Lawyer
‘The London Borough of Southwark has lost a High Court case over a disabled young woman’s care plan after a judge found aspects of the council’s case to be materially flawed or erroneous.’
Local Government Lawyer, 30th July 2020
Source: www.localgovernmentlawyer.co.uk
Religious fostering service given permission on one ground to appeal rejection of judicial review challenge over Ofsted report – Local Government Lawyer
‘A High Court judge has given a Christian fostering service permission to appeal on one ground following his dismissal earlier this month of its judicial review challenge to a report by Ofsted.’
Local Government Lawyer, 29th July 2020
Source: www.localgovernmentlawyer.co.uk
Number of complaints received by law firms on the rise – Legal Futures
‘There has been a 9% increase in the number of complaints to law firms last year, but they continue to resolve eight out of 10 themselves, according to official statistics.’
Legal Futures, 31st July 2020
Source: www.legalfutures.co.uk
Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797) – Transparency Project
‘In the recent case of Re T (A Child: Refusal of Adoption Order) [2020] (EWCA Civ 797), the Court of Appeal allowed an appeal by grandparents against a decision of the trial judge not to grant them an adoption order in respect of their grandchild, who had lived with them since birth. The Court of Appeal made an adoption order in their favour without remitting for retrial, dispensing with the mother’s consent. Although special guardianship is the legal framework more typically used to secure a long term placement of a child with extended family, the unusual facts of the case merited the making of an adoption order rather than leaving the existing special guardianship order in place. This post discusses the “unusual” circumstances that led to the Court of Appeal’s decision.’
Transparency Project, 31st July 202
Source: www.transparencyproject.org.uk
Manchester Arena Inquiry challenge dismissed – UK Human Rights Blog
‘The High Court has today handed down judgment in R (EA and Anor) v Chairman of the Manchester Arena Inquiry [2020] EWHC 2053 (Admin) refusing permission for judicial review to a group of survivors who unsuccessfully sought core participant status in the forthcoming inquiry into the Manchester Arena bombing attacks. A full legal analysis of the decision will follow. This article provides a summary of the judgment and its context.’
UK Human Rights Blog, 30th July 2020
Source: ukhumanrightsblog.com
Recent Statutory Instruments – legislation.gov.uk
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
