‘The Ministry of Justice is seeking lawyers’ views on which British courts should have the power to depart from retained EU case law after the Brexit transition period ends.’
Law Society's Gazette, 2nd July 2020
Source: www.lawgazette.co.uk
‘It is a basic rule of English law that a person who kills someone should not inherit from their victim. The justification behind the rule, known as the forfeiture rule, is that a person should not benefit from their crimes and therefore forfeits entitlement. Many other jurisdictions have the same basic rule for fundamental reasons of public policy, including the need to avoid incentivising homicide. Importantly, however, Parliament passed the Forfeiture Act 1982 to give courts in England and Wales discretion to modify the application of the rule in certain cases, so that some people could inherit from those they had killed after all. Such modification is also possible in some other jurisdictions: It allows judges to consider individual circumstances where the blanket application of a forfeiture rule would cause injustice.’
OUP Blog, 3rd July 2020
Source: blog.oup.com
‘An appeal of judgment in a possession claim where the status of the occupant was in issue. Mr Richens occupied VAHT’s property. The property had been owned by Aylesbury BC, at which time the tenant was Mr R’s grandfather. There had been a stock transfer in 2006. Mr R’s grandfather died in March 2017 and a year later VAHT brought possession proceedings on Ground 7.’
Nearly Legal, 5th July 2020
Source: nearlylegal.co.uk
‘The government has published its local lockdown rules for Leicester, which will see most businesses shutting their doors once again.’
The Guardian, 3rd July 2020
Source: www.theguardian.com
‘A solicitor who amended a client’s form of authority when he could not contact her and then sent it to her former employer – not knowing she had died – has been struck off for dishonesty.’
Legal Futures, 6th July 2020
Source: www.legalfutures.co.uk
‘Inquests will be held after a review found patients of a rogue breast surgeon may have died unnaturally.’
BBC News, 4th July 2020
Source: www.bbc.co.uk
‘A controversial terror trial of three Britons accused of helping a fourth to travel to Syria to fight with the Kurdish YPG has collapsed at the Old Bailey after the Crown Prosecution Service abandoned the case.’
The Guardian, 3rd July 2020
Source: www.theguardian.com
High Court (Administrative Court)
Source: www.bailii.org
‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’
Dispute Resolution Blog, 30th June 2020
Source: www.lexisnexis.co.uk
Court of Appeal (Civil Division)
GC v A County Counci & Ors [2020] EWCA Civ 848 (03 July 2020)
T (A Child: Refusal of Adoption Order), Re [2020] EWCA Civ 797 (02 July 2020)
Court of Appeal (Criminal Division)
Biffa Waste Services Ltd v R. [2020] EWCA Crim 827 (03 July 2020)
High Court (Administrative Court)
Constable v The Crown Prosecution Service (CPS) [2020] EWHC 1760 (Admin) (03 July 2020)
High Court (Chancery Division)
Davis v Lloyds Bank Plc [2020] EWHC 1758 (Ch) (03 July 2020)
Competition And Markets Authority v Martin [2020] EWHC 1751 (Ch) (03 July 2020)
Central Bridging Loans Ltd v Anwer [2020] EWHC 1745 (Ch) (02 July 2020)
Rowe & Ors v Ingenious Media Holdings Plc & Ors [2020] EWHC 1731 (Ch) (02 July 2020)
N3 Living Ltd v Burgess Property Investments Ltd & Anor [2020] EWHC 1711 (Ch) (02 July 2020)
High Court (Commercial Court)
Fimbank Plc v KCH Shipping Co Ltd [2020] EWHC 1765 (Comm) (03 July 2020)
High Court (Queen’s Bench Division)
Bailey & Anorv Glaxosmithkline UK Ltd [2020] EWHC 1766 (QB) (03 July 2020)
Gandesha & Anor v Gandesha & Ors [2020] EWHC 1743 (QB) (02 July 2020)
Scales v Motor Insurers’ Bureau [2020] EWHC 1749 (QB) (02 July 2020)
Scales v Motor Insurers’ Bureau [2020] EWHC 1747 (QB) (02 July 2020)
Mirchandani v Gheewala [2020] EWHC 1742 (QB) (02 July 2020)
Depp v News Group Newspapers Ltd & Ors [2020] EWHC 1734 (QB) (02 July 2020)
Source: www.bailii.org
‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’
Local Government Lawyer, 2nd July 2020
Source: www.localgovernmentlawyer.co.uk
‘In this case comment, Adrian Bell, Nigel Lewis, Steven Bell and Shona Frame, all partners within the CMS Infrastructure, Construction and Energy Disputes Group, comment on the decision handed down in June 2020 in the matter of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25.’
UKSC Blog, 1st July 2020
Source: ukscblog.com
‘This post seeks to explain and clarify the status of “consistent/equal treatment” in UK judicial review. The status of consistency in judicial review was recently considered by the UK Supreme Court in Gallaher, but the meaning of ‘consistency’ was not clearly explained. The main aim of this post is therefore one of clarification. This author hopes to put consistency on a sure conceptual footing which has otherwise been lacking in the discourse on consistency.’
UK Constitutional Law Association, 3rd July 2020
Source: ukconstitutionallaw.org
‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’
UKSC Blog, 2nd July 2020
Source: ukscblog.com
‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’
The Guardian, 2nd July 2020
Source: www.theguardian.com
‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’
Panopticon, 2nd July 2020
Source: panopticonblog.com
‘Efforts to improve diversity among police officers are at risk of being thwarted by the disproportionate use of stop-and-search powers against black men, a senior policing watchdog has warned.’
The Guardian, 2nd July 2020
Source: www.theguardian.com
‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’
Nearly Legal, 1st July 2020
Source: nearlylegal.co.uk
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