BAILII: Recent Decisions
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)
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.’
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.’
The Guardian, 18th June 2020
Source: www.theguardian.com
Divorce bill reaches final stretch of parliamentary marathon – Law Society’s Gazette
‘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].’
Law Society's Gazette, 17th June 2020
Source: www.lawgazette.co.uk
Damages Awards in the IPEC Small Claims Track – NIPC Law
‘”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.’
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
‘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.’
Local Government Lawyer, 15th June 2020
Source: www.localgovernmentlawyer.co.uk
Councils call for suspension of No Recourse to Public Funds condition – Local Government Lawyer
‘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”.’
Local Government Lawyer, 15th June 2020
Source: www.localgovernmentlawyer.co.uk
Firm’s £13k legal bill ‘requires explanation’, rules costs judge – Law Society’s Gazette
‘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.’
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
‘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.’
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
‘‘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.’
3PB, 4th June 2020
Source: www.3pb.co.uk
BAILII : Recent Decisions
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)
High Court (Commercial Court)
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)
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.’
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
‘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.’
UK Constitutional Law Association, 18th June 2020
Source: ukconstitutionallaw.org
Government facing legal challenge over urgent award of £108m PPE contract – Local Government Lawyer
‘The Good Law Project will today [15 June] launch judicial review proceedings over the Government’s award of an £108m contract to a pest control company for the supply of PPE.’
Local Government Lawyer, 15th June 2020
Source: www.localgovernmentlawyer.co.uk
Here’s what the Romans did for us, Court of Appeal explains – Litigation Futures
‘The Court of Appeal has gone back to a Roman legal scholar from AD 161 to help determine who owned fish in a lake in Lancashire after it was sold.’
Litigation Futures, 18th June 2020
Source: www.litigationfutures.com
Ending it all – duties under section 188 – Nearly Legal
‘Where a local authority has an initial s.188 Housing Act 1996 duty to provide interim accommodation, but then makes a s.184 decision that the applicant is not in priority need, is that sufficient to bring the s.188 duty to an end? In this judicial review, the answer turns out to be no, at least not if the s.189B duty is continuing and notice of no further duty has not been served.’
Nearly Legal, 16th June 2020
Source: nearlylegal.co.uk
