Vulnerable victims to give pre-recorded evidence to trials – BBC News
‘Children and other vulnerable victims of crime can pre-record evidence to avoid attending court from today.’
BBC News, 24th August 2020
Source: www.bbc.co.uk
Campaigners lose legal challenge over Lake District 4×4 vehicles – The Guardian
‘Drivers of 4×4 vehicles can continue to use off-road tracks in the Lake District after a judge dismissed a legal challenge from campaigners who argued the vehicles polluted the national park and endangered cyclists and ramblers.’
The Guardian, 24th August 2020
Source: www.theguardian.com
Manchester Arena bombing: Hashem Abedi jailed for at least 55 years – The Guardian
‘Hashem Abedi, the brother of the Manchester Arena bomber, has been given a life sentence with a minimum of 55 years in prison for the murder of 22 people.’
The Guardian, 20th August 2020
Source: www.theguardian.com
Councils warn of “cliff edge” with 500,000 people at risk of eviction once stay on proceedings is lifted – Local Government Lawyer
‘Councils have warned that hundreds of thousands of people could be at risk of eviction when the stay on possession proceedings introduced during the COVID-19 pandemic comes to an end on 23 August.’
Local Government Lawyer, 21st August 2020
Source: www.localgovernmentlawyer.co.uk
Tesco blackmail trial: farmer convicted of spiking baby food – The Guardian
‘A sheep farmer is facing a “lengthy custodial sentence” after being convicted of planting baby food laced with metal shards in stores as part of a long-running blackmail plot against Tesco.’
The Guardian, 20th August 2020
Source: www.theguardian.com
Steep fall in injury claims during lockdown – Litigation Futures
‘There was a 38% fall in the number of injury claims registered with the Compensation Recovery Unit (CRU) during the first three months of lockdown, government figures have confirmed.’
Litigation Futures, 20th August 2020
Source: www.litigationfutures.com
BAILII: Recent Decisions
High Court (Chancery Division)
Preventx Ltd v Royal Mail Group Ltd [2020] EWHC 2276 (Ch) (20 August 2020)
High Court (Commercial Court)
ASA v TL & Anor [2020] EWHC 2270 (Comm) (20 August 2020)
High Court (Queen’s Bench Division)
Griffiths v TUI UK Ltd [2020] EWHC 2268 (QB) (20 August 2020)
Holmes v S & B Concrete Ltd [2020] EWHC 2277 (QB) (20 August 2020)
Norfolk Homes Ltd v North Norfolk District Council & Anor [2020] EWHC 2265 (QB) (20 August 2020)
Source: www.bailii.org
Tashan Daniel: Man jailed for London Underground murder – BBC News
‘A man has been jailed for murdering an athlete on a London Underground platform in a “chance encounter” fight.’
BBC News, 20th August 2020
Source: www.bbc.co.uk
London murderer and serial rapist jailed for at least 37 years – The Guardian
‘A serial attacker who raped four women and murdered his final victim, dumping her body in a children’s playground, has been jailed for life after an eight-year extradition battle.’
The Guardian, 20th August 2020
Source: www.theguardian.com
The Queen v Hashem Abedi – Sentencing Remarks – Courts and Tribunals Judiciary
‘On the evening of Monday 22 May 2017 over 14,000 people, many of whom were either children or teenagers, attended Ariana Grande’s concert at the Manchester Arena. At about 10.30pm, as the performance came to an end and the audience started to leave through the City Room in order to meet their families and friends who were waiting to collect them, the defendant’s brother, Salman Abedi, detonated an improvised explosive device which caused both himself and 22 fellow human beings to be killed whilst many others were very seriously injured.’
Courts and Tribunals Judiciary, 20th August 2020
Source: www.judiciary.uk
New Judgment: Commissioners for HMRC v Parry & Ors [2020] UKSC 35 – UKSC Blog
‘This appeal was about whether the pension scheme transfer by the late Mrs Staveley, and her omission to take income benefits which were then payable, constituted, or are to be treated as constituting, for the purposes of the Inheritance Tax 1984 a “disposition” which is a “transfer of value” in favour of her sons, who were to be the beneficiaries of the death benefit.’
UKSC Blog, 19th August 2020
Source: ukscblog.com
Judge refuses payment out of court for all of defendants’ legal fees – Litigation Futures
‘The High Court has rejected an application for a payment out of court to fund all of the defendants’ legal fees in a “gargantuan” tax fraud case.’
Litigation Futures, 19th August 2020
Source: www.litigationfutures.com
New Judgment: Peninsula Securities Ltd v Dunnes Stores (Bangor) Ltd (Northern Ireland) [2020] UKSC 36 – UKSC Blog
‘The appeal related to a restrictive covenant given by the developer of a shopping centre in a lease that it granted to a retailer over part of the centre. In giving the covenant the developer and later Peninsula each undertook not to allow any substantial shop to be built on the rest of the centre in competition with the Dunnes. Peninsula then argued that the covenant engaged the doctrine of restraint of trade; that it was unreasonable; and that it was therefore unenforceable. The appeal to the Supreme Court concerned whether the covenant engages the doctrine.’
UKSC Blog, 19th August 2020
Source: ukscblog.com
Claimants vow to appeal after High Court dismisses challenge over “downgrading” during pandemic of rights of children with SEN – Local Government Lawyer
‘A High Court judge has dismissed a legal challenge to the Education Secretary’s decisions to reduce the obligations on local authorities to make statutory educational and health care provision for children and young people with special educational needs and disabilities in England during the pandemic.’
Local Government Lawyer, 19th August 2020
Source: www.localgovernmentlawyer.co.uk
Law Society warns of “havoc” if courts depart from EU law – Litigation Futures
‘The Law Society has warned of “legal havoc” if the High Court and Court of Appeal, as well as the Supreme Court, are allowed to depart from EU case law after the Brexit transition period.’
Litigation Futures, 18th August 2020
Source: www.litigationfutures.com
BAILII: Recent Decisions
Supreme Court
Revenue and Customs v Parry & Ors [2020] UKSC 35 (19 August 2020)
High Court (Administrative Court)
Urynowicz v The Regional Court of Lodz, Republic of Poland [2020] EWHC 2267 (Admin) (19 August 2020)
High Court (Queen’s Bench Division)
Source: www.bailii.org
Council warns of potential breach of statutory duty in relation to unaccompanied asylum-seeking children – Local Government Lawyer
‘The Leader of Kent County Council has warned that the local authority “cannot safely meet our statutory duty” when it comes to its capacity to care for new arrivals of unaccompanied asylum-seeking children (UASC).’
Local Government Lawyer, 18th August 2020
Source: www.localgovernmentlawyer.co.uk
Case Comment: R v Adams (Northern Ireland) [2020] UKSC 19 – UKSC Blog
‘On 13 May 2020, the Supreme Court handed down judgment in the case of R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19. The case, on appeal from the judgment of the Court of Appeal of Northern Ireland [2018] NICA 8, concerned the challenge by Gerry Adams, former leader of Sinn Féin, to his convictions for attempted escape from the Maze Prison (also known as Long Kesh) in Belfast in the early 1970s. The issue in the case was whether the order pursuant to which Mr Adams was interned in the Maze was valid, given that it had been made by the Minister of State for Northern Ireland and had not been considered personally by the Secretary of State for Northern Ireland himself. The Supreme Court held that it was not valid, that Mr Adams had therefore not been detained lawfully, and consequently, that he had been wrongly convicted of attempting to escape from lawful custody. The Supreme Court duly quashed Mr Adams’ convictions.’
UKSC Blog, 18th August 2020
Source: ukscblog.com
PI Fraud: when silence can be FD – Park Square Barristers
‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’
Park Square Barristers, 3rd August 2020
Source: www.parksquarebarristers.co.uk
