‘Inhuman’ use of restraint on disabled adults – BBC News
‘Every 15 minutes, on average, a patient with learning disabilities was restrained in hospital last year, new BBC File on 4 analysis shows.’
BBC News, 10th November 2020
Source: www.bbc.co.uk
UK ‘house of horrors’ couple found guilty of murdering woman – The Guardian
‘A horror film fan and his boyfriend have been found guilty of murdering a woman who was lured to their “flat of horrors” after a chance meeting during a night out.’
The Guardian, 9th November 2020
Source: www.theguardian.com
Claim for special accommodation – Law Society’s Gazette
‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’
Law Society's Gazette, 9th November 2020
Source: www.lawgazette.co.uk
New Judgment: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – UKSC Blog
‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925 (the “1925 Act”).’
UKSC Blog, 6th November 2020
Source: ukscblog.com
Jack Mitchell death: Father jailed for manslaughter – BBC News
‘A father who admitted causing the death of his teenage son by shaking him as a baby has been jailed for three years.’
BBC News, 9th November 2020
Source: www.bbc.co.uk
UK to make climate risk reports mandatory for large companies – The Guardian
‘Large companies and financial institutions in the UK will have to come clean about their exposure to climate risks within five years under the terms of a tougher regime announced by the chancellor, Rishi Sunak.’
The Guardian, 9th November 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Gabbana, R. [2020] EWCA Crim 1473 (09 November 2020)
High Court (Technology and Construction Court)
Municpio De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) (06 November 2020)
Source: www.bailii.org
New Judgment: Secretary of State for Health and Ors v Servier Laboratories Ltd and Ors [2020] UKSC 44 – UKSC Blog
‘The Supreme Court has unanimously dismissed this appeal addressing whether findings of fact made by the General Court of the European Union (“the General Court”) are binding in subsequent domestic proceedings, under the EU principle of absolute res judicata.’
UKSC Blog, 6th November 2020
Source: ukscblog.com
Recent Statutory Instruments – legislation.gov.uk
The Civil Procedure (Amendment No. 6) Rules 2020
The Heat Network (Metering and Billing) (Amendment) Regulations 2020
The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020
The Electricity Storage Facilities (Exemption) (England and Wales) Order 2020
The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2020
The Health Protection (Coronavirus, Travel from Denmark) (England) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (England) (No. 4) (Amendment) Regulations 2020
The Social Security (Personal Independence Payment) (Amendment) Regulations 2020
The Infrastructure Planning (Electricity Storage Facilities) Order 2020
The Sentencing Act 2020 (Commencement No. 1) Regulations 2020
The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020
Source: www.legislation.gov.uk
High Court judge dismisses legal challenge over lack of Sikh tick-box in 2021 Census – Local Government Lawyer
‘A High Court judge has rejected a second legal challenge from the Sikh Federation UK over the lack of a Sikh tick-box as a distinct available response to the ethnic group question in the forthcoming 2021 Census.’
Local Government Lawyer, 9th November 2020
Source: www.localgovernmentlawyer.co.uk
Newport driver jailed for 10 years for ramming scooter rider – BBC News
‘A driver has been jailed for 10 years for ramming into a scooter rider who accidentally cracked his wing mirror.’
BBC News, 9th November 2020
Source: www.bbc.co.uk
‘No one questioned it’: teacher’s tribunal victory shines light on unfettered academy powers – The Guardian
‘Herefordshire academy conspired to sack drama teacher for her union activities.’
The Guardian, 10th November 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Supreme Court
Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 (06 November 2020)
Court of Appeal (Civil Division)
Swift v Carpenter [2020] EWCA Civ 1467 (06 November 2020)
L. M. Associates Ltd v Gibbeson [2020] EWCA Civ 1460 (06 November 2020)
Stanley v Welwyn Hatfield Borough Council [2020] EWCA Civ 1458 (06 November 2020)
Court of Appeal (Criminal Division)
Environmental Agency, R (On the Application Of) v Lawrence [2020] EWCA Crim 1465 (06 November 2020)
High Court (Administrative Court)
Gill, R (On the Application Of) v Cabinet Office [No.3] [2020] EWHC 2931 (Admin) (06 November 2020)
High Court (Chancery Division)
Attorney General v Zedra Fiduciary Services (UK) Ltd & Ors [2020] EWHC 2988 (Ch) (09 November 2020)
Kings Security Systems Ltd v King & Anor [2020] EWHC 2996 (Ch) (09 November 2020)
TUI UK Ltd v Morgan [2020] EWHC 2944 (Ch) (09 November 2020)
High Court (Commercial Court)
High Court (Family Division)
SS v MCP [2020] EWHC 2971 (Fam) (06 November 2020)
Court (Queen’s Bench Division)
MK (A Protected Party) v Buckinghamshire County Council [2020] EWHC 2989 (QB) (06 November 2020)
AB v University of XYZ (Supplementary Judgment) [2020] EWHC 2980 (QB) (06 November 2020)
Greenstein v Campaign Against Antisemitism [2020] EWHC 2951 (QB) (06 November 2020)
HM Solicitor General v Ellis [2020] EWHC 2987 (QB) (06 November 2020)
AB v The University of XYZ (Rev 1) [2020] EWHC 2978 (QB) (06 November 2020)
High Court (Technology and Construction Court)
Source: www.bailii.org
All you need to know about domestic abuse and ILR – EIN Blog
‘Anyone in an abusive relationship is in a dangerous and terrifying situation. But if you are in the UK on a Spouse Visa, Civil Partnership Visa, or Unmarried Partner Visa, the situation is especially frightening. But you are not alone. And you can apply for Indefinite Leave to Remain (ILR), which will allow you to stay permanently in the UK if your relationship breaks down because of domestic violence/abuse.’
EIN Blog, 9th November 2020
Source: www.ein.org.uk
Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian
‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’
The Guardian, 8th November 2020
Source: www.theguardian.com
Disability Discrimination Act: The disabled activists who brought London to a halt – BBC News
‘Twenty-five years ago the Disability Discrimination Act was passed, a landmark piece of legislation which ensured, for the first time, that disabled people had civil rights.’
BBC News, 8th November 2020
Source: www.bbc.co.uk
Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures
‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’
Litigation Futures, 6th November 2020
Source: www.litigationfutures.com
Homeworking now a “reasonable adjustment” for disabled lawyers – Legal Futures
‘Employment tribunals may in future need to recognise that homeworking has become an established “reasonable adjustment” to working practices for disabled people, including lawyers, a webinar heard last week.’
Legal Futures, 9th November 2020
Source: www.legalfutures.co.uk
UK supreme court could be left with only one female justice – The Guardian
‘Progress towards gender diversity on the UK’s highest court is in danger of being thrown into reverse, following the announcement that another female justice will retire shortly.’
The Guardian, 8th November 2020
Source: www.theguardian.com
Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK
‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’
Law Pod UK, 4th November 2020
Source: audioboom.com
