The Trecarrell Conundrum – Nearly Legal

Posted June 19th, 2020 in appeals, health & safety, housing, landlord & tenant, news, notification by sally

‘It is fair to say this Court of Appeal decision has been widely and keenly awaited. Unfortunately, for reasons I will explain in my comment at the end, I think it leaves us with a lot of further questions.’

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Nearly Legal, 18th June 2020

Source: nearlylegal.co.uk

296 days to correct a factual inaccuracy – effective press regulation? – Transparency Project

Posted June 19th, 2020 in communicating false information, complaints, delay, media, news, ombudsmen by sally

‘296 days ago, on 27 August 2019, the Daily Express published an inaccurate article in the print edition of their paper. Today they have published a correction because the regulator IPSO required this.’

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Transparency Project, 18th June 2020

Source: www.transparencyproject.org.uk

Racism and the Rule of Law – UK Human Rights Blog

Posted June 19th, 2020 in equality, human rights, news, police, race discrimination, racism, rule of law by sally

‘The Black Lives Matter movement illuminates an incontrovertible chasm in the application of the rule of law in liberal democracy. The basic premise of the rule of law, which in Joseph Raz’s conception is that it should be capable of guiding behaviour, includes the necessary restriction on crime-preventing agencies from perverting the law. A society in which those tasked with upholding and applying the law – under the powers of stop-and-search and arrest – are instead themselves regular perpetrators of racist discrimination and violence, is one in which the rule of law is at best a randomised hope that is more or less likely to be realised depending on the race of the citizen in question.’

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UK Human Rights Blog, June 2020

Source: ukhumanrightsblog.com

A spotlight on patent injunctions – Technology Law Update

Posted June 19th, 2020 in chambers articles, injunctions, intellectual property, news, patents by sally

‘Owners of patent portfolios will be aware of how patent infringement claims and attacks on patent validity often interact.’

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Technology Law Update, 18th June 2020

Source: www.technology-law-blog.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2020 in legislation by sally

The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 19th, 2020 in law reports by sally

Supreme Court

ABC v Principal Reporter & Anor (Scotland) [2020] UKSC 26 (18 June 2020)

Court of Appeal (Civil Division)

Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 760 (18 June 2020)

High Court (Administrative Court)

Bibro v Regional Court In Tarn�w, Poland [2020] EWHC 1592 (Admin) (18 June 2020)

Ashbolt & Anor v Revenue & Customs & Anor [2020] EWHC 1588 (Admin) (18 June 2020)

High Court (Chancery Division)

Phoenix v Phoenix & Anor [2020] EWHC 1409 (Ch) (18 June 2020)

LIV Bridging Finance Ltd v EAD Solicitors LLB [2020] EWHC 1590 (Ch) (18 June 2020)

High Court (Commercial Court)

Sahara Energy Resource Led v Rahamaniyya Oil And Gas Ltd & Anor [2020] EWHC 1585 (Comm) (18 June 2020)

Alexander Brothers Ltd (Hong Kong SAR) v Alstom Transport SA & Anor [2020] EWHC 1584 (Comm) (18 June 2020)

High Court (Patents Court)

Evalve Inc & Ors v Edwards Lifesciences Ltd [2020] EWHC 1524 (Pat) (18 June 2020)

High Court (Technology and Construction Court)

Essex County Council v UBB Waste (Essex) Ltd [2020] EWHC 1581 (TCC) (18 June 2020)

Source: www.bailii.org

YouTuber jailed for Birmingham hospital bomb threat – BBC News

‘A YouTuber who filmed himself phoning a “truly despicable” bomb threat to a hospital dealing with Covid-19 patients has been jailed for 12 weeks.’

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BBC News, 18th June 2020

Source: www.bbc.co.uk

Home Office to face legal challenge over ‘digital hostile environment’ – The Guardian

‘Immigrants’ rights campaigners are to bring the first court case of its kind in British legal history in an attempt to turn off what they claim is a decision-making algorithm that creates a “hostile environment” for people applying for UK visas online.’

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The Guardian, 18th June 2020

Source: www.theguardian.com

Divorce bill reaches final stretch of parliamentary marathon – Law Society’s Gazette

Posted June 18th, 2020 in bills, divorce, news, parliament by sally

‘Proposed legislation removing fault from the divorce process could be days from receiving Royal assent as it goes through the remaining stages of its parliamentary journey today [17 June].’

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Law Society's Gazette, 17th June 2020

Source: www.lawgazette.co.uk

Damages Awards in the IPEC Small Claims Track – NIPC Law

Posted June 18th, 2020 in damages, enforcement, intellectual property, news, small claims by sally

‘”IPEC SCT” stands for “Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.’

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NIPC Law, 17th June 2020

Source: nipclaw.blogspot.com

Council agrees to pay out £60k after Ombudsman report into failure to support autistic woman – Local Government Lawyer

Posted June 18th, 2020 in autism, compensation, local government, mental health, news, ombudsmen by sally

‘A council has agreed to pay a woman with autism, severe anxiety disorder and associated mental health disorders £60,000 after it failed to provide her with support for more than five years.’

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Local Government Lawyer, 15th June 2020

Source: www.localgovernmentlawyer.co.uk

You wear it well – at last, court attire for women – Legal Futures

Posted June 18th, 2020 in barristers, court dress, news, women by sally

‘Female barristers can now buy court attire actually designed for them after a London junior launched an online shop named after the first two women called to the Bar.’

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Legal Futures, 18th June 2020

Source: www.legalfutures.co.uk

Councils call for suspension of No Recourse to Public Funds condition – Local Government Lawyer

Posted June 18th, 2020 in benefits, coronavirus, immigration, local government, news by sally

‘The Local Government Association has called for the suspension of the No Recourse to Public Funds (NRPF) “so that all vulnerable individuals are entitled to receive support during the coronavirus crisis”.’

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Local Government Lawyer, 15th June 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 18th, 2020 in legislation by sally

The General Osteopathic Council (Coronavirus) (Amendment) Rules Order of Council 2020

The Education (Pupil Information) (England) (Coronavirus) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Firm’s £13k legal bill ‘requires explanation’, rules costs judge – Law Society’s Gazette

Posted June 18th, 2020 in accounts, costs, fees, news, solicitors by sally

‘A senior costs judge has ruled that a client should be allowed a closer analysis of 14 invoices issued by her solicitors over the course of a year.’

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Law Society's Gazette, 16th June 2020

Source: www.lawgazette.co.uk

Sunday Trading and Outside Service of Food and Drink – 4-5 Gray’s Inn Square

Posted June 18th, 2020 in licensed premises, news, planning, Sunday trading by sally

‘On 6 June 2020, The Times reported plans to suspend Sunday trading laws for a year and give cafés and pubs fast-track approval to serve food and drink outside. Draft legislation is awaited. However, the likely changes are summarised below.’

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4-5 Gray's Inn Square, 8th June 2020

Source: www.4-5.co.uk

Navigating Market Authorisation in the UK for the pharmaceutical industry – 3PB

Posted June 18th, 2020 in health, licensing, medicines, news by sally

‘‘Marketing Authorisation’ must be obtained in respect of any medicinal product that is to be sold, supplied or offered for sale or supply in the UK. This article looks at the different types of authorisation available, including when they might be appropriate for use in respect of the UK only before considering the process adopted in the UK for approving medicines into the market. It is designed to be a beginner’s guide to bringing new products to market in the UK as opposed to a full explanation of each step; ultimately how the application itself is make will depend on the product itself and the research behind it. If upon reading this article you gain an understanding of how to begin the Market Authorisation process, then this article has served its purpose.’

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3PB, 4th June 2020

Source: www.3pb.co.uk

BAILII : Recent Decisions

Posted June 18th, 2020 in law reports by sally

Supreme Court

Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 (17 June 2020)

Sainsbury’s Supermarkets Ltd v Visa Europe Services LLC & Ors [2020] UKSC 24 (17 June 2020)

Court of Appeal (Civil Division)

B And Y, Re [2020] EWCA Civ 767 (17 June 2020)

Court of Appeal (Criminal Division)

Waite v R. [2020] EWCA Crim 768 (17 June 2020)

S, R. v [2020] EWCA Crim 765 (17 June 2020)

Jones, R v [2020] EWCA Crim 764 (12 June 2020)

High Court (Administrative Court)

Boyer, Review of the Tariff In the Case of [2020] EWHC 1560 (Admin) (17 June 2020)

Maczkowski v Circuit Court In Gdansk, Poland [2020] EWHC 1583 (Admin) (17 June 2020)

Brooks, Review of the Tariff In the Case of [2020] EWHC 1562 (Admin) (17 June 2020)

General Medical Council v Awan [2020] EWHC 1553 (Admin) (17 June 2020)

Lendrum v Brazil Judicial Authority [2020] EWHC 1570 (Admin) (16 June 2020)

Wood Boilers LLP & Anor v Gas and Electricity Markets Authority [2020] EWHC 1578 (Admin) (16 June 2020)

High Court (Commercial Court)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v Spain (M/T PRESTIGE)[2020] EWHC 1582 (Comm) (18 June 2020)

Public Joint Stock Company (Rosgosstrakh) v Starr Syndicate Ltd & Ors [2020] EWHC 1557 (Comm) (17 June 2020)

High Court (Family Division)

JK v LM [2020] EWHC 1566 (Fam) (17 June 2020)

High Court (Queen’s Bench Division)

XLD v KZL [2020] EWHC 1558 (QB) (17 June 2020)

Archer v The Commissioner of Police of the Metropolis [2020] EWHC 1567 (QB) (17 June 2020)

High Court (Technology and Construction Court)

Stagecoach East Midlands Trains Ltd & Ors v The Secretary of State for Transport [2020] EWHC 1568 (TCC) (17 June 2020)

Source: www.bailii.org

De Sena v Notaro [2020] EWHC 1031 (Ch): The family, the demerger and the expert who wasn’t an expert – Hailsham Chambers

‘The case arose out of a corporate demerger which took place in relation to a family owned company, S Notaro Holdings (“Holdings”), on 28 April 2011. The First Claimant (C1), and the First Defendant (D1) were siblings. Prior to the demerger, they were both shareholders in and directors of Holdings. Neither were majority shareholders. D1 held 43.75% of the shares in Holdings, and C1 held 31.25%. In the demerger, C1 gave up her shares in Holdings in exchange for some assets of Holdings or its subsidiaries being transferred to the Second Claimant (C2), a company formed for that purpose, owned and controlled by C1.’

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Hailsham Chambers, June 2020

Source: www.hailshamchambers.com

Lewis Graham: Lessons from Lord Hope’s Diaries: judicial ideology and panel selection – UK Constitutional Law Association

Posted June 18th, 2020 in judges, judiciary, news, Supreme Court by sally

‘Even in a more transparent and open Supreme Court, glimpses behind the curtain of officialdom are seldom offered to the public. This is understandable; the independence and impartiality of the judiciary sets it apart from other branches of the state. As Lord Neuberger (The Power of Judges, p.22) has noted, to be effective, “justice has always to be detached, almost Olympian”. We may know of judges in their official capacity, but once they adopt their robes, personal accounts of their day-to-day lives generally remain off-limits.’

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UK Constitutional Law Association, 18th June 2020

Source: ukconstitutionallaw.org