High Court rules on preliminary issues in challenge relating to alleged UK involvement in torture – UK Human Rights Blog

Posted July 10th, 2020 in chambers articles, closed material, disclosure, human rights, inquiries, intelligence services, judicial review, news, rendition, torture by sally

‘In R (Reprieve & Ors) v Prime Minister [2020] EWHC 1695 (Admin), the High Court made a preliminary ruling that Article 6(1) of the ECHR does not apply to the forthcoming judicial review of the Government’s decision not to establish a public inquiry into allegations that the UK intelligence services were involved in the torture, mistreatment and rendition of detainees in the aftermath of 9/11. It was further held that the claimants are not entitled to the level of disclosure of open material outlined in SSHD v AF (No 3) [2009].’

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UK Human Rights Blog, 9th July 2020

Source: ukhumanrightsblog.com

Council faces judicial review over SEND cuts – Local Government Lawyer

Posted July 10th, 2020 in budgets, children, disabled persons, education, families, judicial review, learning difficulties, local government, news by sally

‘A group of parents of children with special educational needs or disabilities has been granted permission to take the London Borough of Waltham Forest to judicial review over spending cuts.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Sunderland Christian foster service ‘must allow gay carers’ says High Court – Local Government Lawyer

Posted July 10th, 2020 in adoption, children, Christianity, equality, families, fostering, homosexuality, news, sexual orientation discrimination by sally

‘A Christian Foster service has been told it must allow gay parents to sign up as carers, the High Court has ruled.’

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Local Government Lawyer, 9th July 2020

Source: www.localgovernmentlawyer.co.uk

Proposal To Scrap Juries ‘Shocking’ Amid Black Lives Matter Movement – Each Other

Posted July 10th, 2020 in coronavirus, criminal justice, delay, equality, juries, news, race discrimination, trial without jury, trials by sally

‘Proposals to scrap juries for some trials to reduce court backlogs would remove the “only part of the criminal justice process” proven not to discriminate against minority ethnic groups, a legal expert has warned.’

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Each Other, 9th July 2020

Source: eachother.org.uk

Review launched into police ‘race discrimination’ – BBC News

Posted July 10th, 2020 in equality, news, ombudsmen, police, race discrimination, racism, statistics, stop and search by sally

‘The police watchdog is launching a review into whether officers across England and Wales racially discriminate against ethnic minorities.’

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BBC News, 10th July 2020

Source: www.bbc.co.uk

Judges quash decision not to prosecute diplomat over alleged trafficking – The Guardian

Posted July 10th, 2020 in Crown Prosecution Service, diplomats, forced labour, immunity, news, trafficking in human beings by sally

‘A woman who says it seems the Crown Prosecution Service did not consider her “trafficked enough” after being brought into the UK by a diplomat from the United Arab Emirates is celebrating after a high court ruling quashed a decision not to prosecute him.’

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The Guardian, 9th July 2020

Source: www.theguardian.com

Landmark Supreme Court Judgment on Interchange Fees – Monckton Chambers

Posted July 10th, 2020 in appeals, banking, chambers articles, competition, fees, news, Supreme Court by sally

‘On 17 June 2020, the Supreme Court (Lords Reed, Hodge, Lloyd-Jones, Sales and Hamblen) handed down a landmark judgment on whether certain fees which are paid by merchants to banks under the Visa and Mastercard payment card schemes breach competition law. The judgment finally settles years of litigation in the UK courts, and deep divisions in the rulings which had been given in the lower courts and tribunals. It is also the first judgment of the Supreme Court dealing with the Court of Appeal’s powers of remittal.’

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Monckton Chambers, July 2020

Source: www.monckton.com

Is COVID-19 a Barder Event? Considering the enforceability of financial settlements in light of COVID-19 – Thomas More Chambers

Posted July 10th, 2020 in appeals, chambers articles, coronavirus, divorce, enforcement, families, family courts, financial provision, news by sally

‘The potential short and longer-term consequences of the COVID-19 crisis upon the global and national economy are now well-known. Financial remedy practitioners have been anticipating a number of queries from clients potentially seeking to make an application to set aside their concluded financial settlements, because of the effect current events have had or may have upon their finances. Questions therefore arise about whether or not the effects of COVID-19 are capable of being treated as a Barder Event by the family courts, and thus to act as a basis to revisit final financial remedy orders.’

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Thomas More Chambers, 6th July 2020

Source: www.thomasmore.co.uk

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 – Tanfield Chambers

Posted July 10th, 2020 in appeals, chambers articles, housing, landlord & tenant, news, notification, repossession by sally

‘The Court of Appeal held that the failure to serve a gas safety certificate on a tenant before the tenant took up occupation of the demised premises was not fatal to the landlord’s later ability to serve a section 21 notice.’

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Tanfield Chambers, 30th July 2020

Source: www.tanfieldchambers.co.uk

Housing Ombudsman publishes new Complaint Handling Code – Local Government Lawyer

Posted July 9th, 2020 in codes of practice, complaints, housing, news, ombudsmen by sally

‘The Housing Ombudsman has published its new Complaint Handling Code in preparation for its assumption of greater powers at the end of the year.’

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Local Government Lawyer, 8th July 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 9th, 2020 in legislation by sally

The Charitable Incorporated Organisations (Insolvency and Dissolution) (Amendment) Regulations 2020

The Contracts for Difference (Electricity Supplier Obligations) (Amendment) (Coronavirus) Regulations 2020

The Early Years Foundation Stage (Exemption from Learning and Development Requirements) and Childcare (Exemption from Registration) (Amendment) Regulations 2020

The Value Added Tax (Zero Rate for Personal Protective Equipment) (Extension) (Coronavirus) Order 2020

The Electricity Capacity (Amendment etc.) (Coronavirus) Regulations 2020

Source: www.legislation.gov.uk

Ex-Kasabian singer’s community order ‘inappropriate’, say domestic abuse charities – The Guardian

Posted July 9th, 2020 in community service, domestic violence, news, sentencing by sally

‘Domestic abuse charities have criticised as inappropriate the sentence of community service given to the former Kasabian frontman Tom Meighan for assaulting his former fiancee.’

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The Guardian, 7th July 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 9th, 2020 in law reports by sally

Court of Appeal (Civil Division)

E Mishan & Sons, Inc v Hozelock Ltd & Ors [2020] EWCA Civ 871 (08 July 2020)

Court of Appeal (Criminal Division)

Pierce v R. [2020] EWCA Crim 855 (08 July 2020)

High Court (Administrative Court)

Roberts, R (On the Application Of) v Crown Prosecution Service (CPS) [2020] EWHC 1783 (Admin) (08 July 2020)

High Court (Chancery Division)

Emmanuel v Avison & Ors [2020] EWHC 1696 (Ch) (08 July 2020)

High Court (Commercial Court)

Gravity Highway, Owners of the Motor Vessel v Maritime Maisie, Owners of the Motor Vesse [2020] EWHC 1697 (Comm) (08 July 2020)

Septo Trading Inc v Tintrade Ltd [2020] EWHC 1795 (Comm) (08 July 2020)

High Court (Family Division)

Manjra v Shaikh [2020] EWHC 1805 (Fam) (08 July 2020)

High Court (Queen’s Bench Division)

Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB) (08 July 2020)

Source: www.bailii.org

London councils call on government to suspend NRPF immigration status – The Guardian

Posted July 9th, 2020 in benefits, coronavirus, homelessness, immigration, local government, London, news by sally

‘London councils have called on the government to suspend the controversial “no recourse to public funds” (NRPF) immigration status during the coronavirus pandemic to prevent a rise in homelessness.’

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The Guardian, 8th July 2020

Source: www.theguardian.com

Security for Costs – International Pipeline Products Ltd v IK UK Ltd. and others – NIPC Law

Posted July 9th, 2020 in civil procedure rules, costs, jurisdiction, news by sally

‘This was an application by several defendants to a claim for breach of contract, conspiracy, breach of confidence and patent, copyright and unregistered design right infringement for security for costs. It was heard by Mr David Stone sitting as a deputy judge of the High Court on 1 May 2020. He gave an extemporary judgment on the day of the hearing and delivered detailed reasons on 24 June 2020.’

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NIPC Law, 8th July 2020

Source: nipclaw.blogspot.com

LGBT asylum seekers routinely see claims rejected in Europe and UK – The Guardian

Posted July 9th, 2020 in asylum, burden of proof, gender, homosexuality, news, transgender persons by sally

‘People seeking asylum in the UK and Europe on the grounds of sexual orientation and gender identity are routinely seeing their claims rejected because of a widespread “culture of disbelief” and an “impossible burden of proof”, researchers have said.’

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The Guardian, 9th July 2020

Source: www.theguardian.com

SRA to review regime for checking solicitors’ competence – Legal Futures

Posted July 9th, 2020 in consumer protection, legal services, news, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) is to launch a review of its approach to solicitors’ continuing competence, it has emerged.’

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Legal Futures, 9th July 2020

Source: www.legalfutures.co.uk

Pubs, Pandemics and Privacy: 5 Things You Need To Know – Each Other

Posted July 9th, 2020 in coronavirus, data protection, human rights, licensing, news, privacy by sally

‘Hundreds of pubs across England have reopened their doors after months of lockdown – with a handful having to close again after punters reported testing positive for Covid-19.’

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Each Other, 8th July 2020

Source: eachother.org.uk

Green light given for judicial review challenge of £350 million hospital redevelopment plan – Local Government Lawyer

Posted July 9th, 2020 in budgets, health, hospitals, judicial review, news by sally

‘A judicial review into the allocation of funding for hospital services in Hertfordshire is to take place after campaigners for a new hospital successfully applied for a judicial review of the plan to redevelop the area’s existing hospitals.’

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Local Government Lawyer, 8th July 2020

Source: www.localgovernmentlawyer.co.uk

Met carried out 22,000 searches on young black men during lockdown – The Guardian

Posted July 9th, 2020 in coronavirus, minorities, news, police, statistics, stop and search, young persons by sally

‘Young black men were stopped and searched by police more than 20,000 times in London during the coronavirus lockdown – the equivalent more than a quarter of all black 15- to 24-year-olds in the capital.’

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The Guardian, 8th July 2020

Source: www.theguardian.com