BAILII: Recent Decisions
Court of Appeal (Civil Division)
Sharif v Birmingham City Council [2020] EWCA Civ 1488 (10 November 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Moulds Fencing (Torksey) Ltd & Ors v Butler & Ors [2020] EWHC 2933 (Ch) (11 November 2020)
High Court (Family Division)
P (Discharge of Passport Order), Re [2020] EWHC 3009 (Fam) (06 November 2020)
High Court (Queen’s Bench Division)
Boddy v Sinton & Anor [2020] EWHC 3015 (QB) (10 November 2020)
Source: www.bailii.org
Police officers and the use of force – are we really all missing the point?: R (Officer W80) v Director General of the Independent Officer for Police Conduct [2020] EWCA Civ 1301 – 2 Hare Court
‘The Court of Appeal has recently delivered an interesting and potentially very significant judgment in the case of Officer W80. The case concerned the use of force by a police officer and whether misconduct proceedings could subsequently be instituted against him on the basis of his honestly held but mistaken belief.’
2 Hare Court, 5th November 2020
Source: www.2harecourt.com
Three for the Price of One: A Case Note on Diriye v Bojaj – Ropewalk Chambers
‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’
Ropewalk Chambers, 5th November 2020
Source: www.ropewalk.co.uk
Restrictive Covenants: Ignore at your Peril – St Ives Chambers
‘In the first appeal in which the Supreme Court has been required to deal with s. 84 of the Law of Property Act 1925, it has delivered a strong warning to developers who may contemplate building on land in breach of a restrictive covenant: Ignore at your Peril.’
St Ives Chambers, 8th November 2020
Source: www.stiveschambers.co.uk
Cell Site Evidence: Expert or Not? – St Philips Barristers
‘In R v Andrew Turner [2020] EWCA Crim 1241 the Court of Appeal considered the issue of when a professional witness crosses the line and gives expert evidence, in the context of mobile telephone analysis. The appeal concerned a conspiracy to supply class A drugs, the prosecution relied on mobile telephone and surveillance evidence. The appellant was said to be a driving force behind the conspiracy and that various incriminating mobile telephone numbers could be attributed to him.’
St Philips Barristers, 5th November 2020
Source: st-philips.com
Behind the Depp headlines: meaning, evidence and juries – Doughty Street Chambers
‘On 2nd November 2020, Nicol J handed down his eagerly awaited judgment in Depp v News Group Newspapers and anor [2020] EWHC 2911 (QB). This high-profile case has been widely reported and needs little introduction. In short, Mr Depp failed in his defamation claim concerning an article published by The Sun that alleged that he had committed acts of violence against his then-wife Amber Heard. Nicol J held that the defendants had proved it was “substantially true” that Mr Depp had committed acts of violence against Ms Heard on twelve pleaded occasions.’
Doughty Street Chambers, 6th November 2020
Source: insights.doughtystreet.co.uk
Stoffel & Co. v Grondona [2020] UKSC 42 – Hailsham Chambers
‘In Stoffel & Co. v Grondona, the Supreme Court considered the operation of the common law defence of illegality in the context of solicitors’ negligence for the first time since its seminal decision in Patel v Mirza [2017] AC 467. At the same time, the Court handed down judgment in a clinical negligence case: Henderson v Dorset Healthcare University NHS Foundation Trust [2020] UKSC 43.’
Hailsham Chambers, 3rd November 2020
Source: www.hailshamchambers.com
Beneficial Joint Tenants, Survivorship and Creditors of a Deceased Bankrupt – Section 421A of the Insolvency Act 1986 – 33 Bedford Row
‘Where Person A and Person B are beneficial joint tenants of land/property (leasehold/freehold), and Person A dies, the effect of the rule of survivorship is that, from the moment of death forward, Person B will be left as the sole beneficial interest holder. It does not matter whether Person A dies testate or intestate, nor what Person A’s Will might say. Person B will be left as the sole beneficial interest holder. To put this into a typical, real world scenario: this will often be the case where two spouses/partners own land/property and one of them dies.’
33 Bedford Row, 24th October 2020
Source: www.33bedfordrow.co.uk
Cryptoassets – Obtaining English Freezing and Proprietary Injunctions in Relation to Cyberfraud – Littleton Chambers
‘The theft and misappropriation of cryptoassets, typically Bitcoin, Ethereum and other virtual cryptocurrencies, by fraudsters is becoming increasingly common, and thus the subject-matter of civil fraud litigation. This article considers how parties can obtain the “nuclear weapon” of the worldwide proprietary or freezing order against cryptoassets.’
Littleton Chambers, 13th October 2020
Source: littletonchambers.com
CVAs, COVID-19 and Rescue Culture – 3 Hare Court
‘Businesses across the United Kingdom are facing treacherous times. The COVID-19 pandemic and its consequent restrictions have caused many businesses to suffer a pronounced drop in income, turnover and profits whilst still being liable to pay overhead costs such as rent to landlords. When businesses start to re-open, they will need to find a way to pay the overhead costs accrued during the COVID-19 pandemic, as well as ongoing costs.’
3 Hare Court, 2nd November 2020
Source: www.3harecourt.com
The Additional Learning Needs and Education Tribunal (Wales) Act 2018: An update – 3PB
‘Two key events have taken place in the last week in relation to The Additional Learning Needs and Education Tribunal (Wales) Act 2018 (“the 2018 Act”): the publication of a commencement order and the publication of the Additional Learning Needs Co-ordinator (Wales) Regulations. This article considers both documents, concluding that, based on the limited information available they do not help clarify the confusion amongst practitioners as to the details of the forthcoming special needs regime in Welsh schools.’
3PB, 4th November 2020
Source: www.3pb.co.uk
Second Coronavirus Lockdown – The Health Protection (Coronavirus, Restrictions) (England) (No.4) Regulations 2020 – 33 Bedford Row
‘Further to Prime Minister Boris Johnson’s televised statement to the nation on Halloween and his statement to Parliament on 2nd November, The Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 were laid before Parliament on 3rd November (pursuant to s.45C(1) of the Public Health (Control of Disease) Act 1984).’
33 Bedford Row, 5th November 2020
Source: www.33bedfordrow.co.uk
Fact finding hearings: a case study F v. G [2020] EWHC 2396 – Becket Chambers
‘The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse.’
Becket Chambers, 5th November 2020
Source: becket-chambers.co.uk
Getting off the hook: A guide to securing release from contractual obligations and varying public contracts in light of COVID-19 – 39 Essex Chambers
‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’
39 Essex Chambers, 16th October 2020
Source: www.39essex.com
Court of Appeal considers service of notices on deceased tenants – Garden Court Chambers
‘In Gateway Housing Association v Begum [2020] EWCA Civ 1339, Nick had been instructed to act for the occupier, Mrs Begum, in the County Court. Her husband had passed away and – as the landlord considered that no one was entitled to succeed the tenancy – Gateway posted a notice to quit to the premises. Because of the requirements of section 18 of the Law of Property (Miscellaneous Provisions) Act 1994, Gateway also posted a copy of the notice to the Public Trustee a few days later.’
Garden Court Chambers, 22nd October 2020
Source: www.gardencourtchambers.co.uk
The Self-Isolation Regulations: Implications for Employers – Henderson Chambers
‘The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045 (“the Self-Isolation Regulations”) are the latest in a series of statutory instruments which have, since March 2020, been introduced by UK Government Ministers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in response to the Covid-19 pandemic. This Alerter highlights the implications for employers.’
Henderson Chambers, 9th October 2020
Source: www.hendersonchambers.co.uk
Setting aside judgment for non-attendance: not necessarily what you may expect – Hardwicke Chambers
‘In Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824, the Court of Appeal addressed an important point of principle engaging the right to a fair trial: the interplay between an unsuccessful application to adjourn a trial under CPR Part 3.1(2)(b) and a subsequent application under CPR Part 39.3 to set aside a judgment against a non-attending party. The decision clarifies whether the judge considering the Part 39.3 application is bound by the trial judge’s findings of fact, or is entitled to draw his own conclusions on the same evidence and material before the court.’
Hardwicke Chambers, 7th October 2020
Source: hardwicke.co.uk
