Domestic Abuse Bill: ‘More help for migrant women needed’ – BBC News
‘Help should be available to all domestic abuse survivors, no matter their immigration status, campaigners have said.’
BBC News, 6th July 2020
Source: www.bbc.co.uk
Religious services ban in England may have been illegal, judge rules – The Guardian
‘Banning religious services may have been illegal but other restrictions imposed by the government in England during the coronavirus lockdown were legitimate, a high court judge has ruled.’
The Guardian, 6th July 2020
Source: www.theguardian.com
Dunn v FCO — the opening skirmishes – UK Human Rights Blog
‘In R (Dunn) v The Foreign Secretary and the Chief Constable of Northamptonshire [2020] EWHC 1620 (Admin) the Divisional Court dismissed two applications made in anticipation of the forthcoming rolled up judicial review arising out of the death of Harry Dunn.’
UK Human Rights Blog, 6th July 2020
Source: ukhumanrightsblog.com
Paul Daly: The Culture of Justification in Administrative Law – UK Constitutional Law Association
‘By any measure the breadth and depth of substantive judicial review of administrative action have increased remarkably in recent decades. It is interesting to ask why this has happened. In a typically interesting and trenchant contribution, my friend Jason Varuhas attributes recent changes to judicial review procedure to a substantive turn to rights review and systemic review.’
UK Constitutional Law Association, 6th July 2020
Source: ukconstitutionallaw.org
Right of audience denied: McKenzie Friend not allowed to speak for litigant who was ‘well able to speak on her own behalf’ – Transparency Project
‘The recent case of Ameyaw v McGoldrick [2020] EWHC 1741 (QB) offers a cautionary tale about McKenzie Friends and what they can and can’t do for you in court. In this case the judge, Mrs Justice Steyn, refused to allow the MF to make oral submissions on behalf of the claimant, saying the claimant was a well-educated intelligent woman who had extensive experience of litigation, and was perfectly capable of speaking for herself.’
Transparency Project, 5th July 2020
Source: www.transparencyproject.org.uk
Misconduct panel’s decision to impose a final written warning for racist remarks quashed by the High Court – UK Police Law Blog
‘The Chief Constable of West Midlands Police has successfully challenged a misconduct hearing panel’s decision to impose a Final Written Warning (FWW), after an officer made racist remarks about a fellow officer: R (Chief Constable of West Midlands Police) v Panel Chair, Police Misconduct Panel [2020] EWHC 1400 (Admin). The decision confirms that the High Court will be prepared to intervene where panels fail to follow the College of Policing’s Guidance on Outcomes, and that misconduct involving discrimination will be treated especially seriously.’
UK Police Law Blog, 3rd July 2020
Source: ukpolicelawblog.com
Dispensing with section 20 – requirements on landlord – Nearly Legal
‘Where a landlord is looking to do works that would cost residential leaseholders more than £250 each under the service charge, they have to follow the section 20 Landlord and Tenant Act 1985 consultation requirements. If they don’t, then they can only recover £250 from each leaseholder, unless they apply to the First Tier Tribunal for dispensation from s.20.’
Nearly Legal, 4th July 2020
Source: nearlylegal.co.uk
Grenfell Tower inquiry resumes but distancing rules anger families – The Guardian
‘Builders behind the disastrous Grenfell Tower refurbishment are finally set to face public questioning over the June 2017 fire that killed 72 people, as the delayed public inquiry resumes on Monday with strict social distancing rules that have angered the bereaved.’
The Guardian, 6th July 2020
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2020
The Loans for Mortgage Interest (Transaction Fee) (Amendment) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (Leicester) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020
The Marketing of Seed, Plant and Propagating Material (England) Regulations 2020
Source: www.legislation.gov.uk
Case Preview: Lehtimaki and Ors v Cooper – UKSC Blog
‘In this post, James Warshaw, an associate in the Dispute Resolution team at CMS, previews the decision which is awaited in the matter of Lehtimaki and Ors v Cooper, which concerns whether the court has jurisdiction to direct members of a charitable company on how to exercise their powers absent a breach of fiduciary duty.’
UKSC Blog, 3rd July 2020
Source: ukscblog.com
Penalised for parking on your own land – Law Society’s Gazette
‘Funny thing, the law. You would not, for instance, think you could get a ticket for parking on your own land. But you can. Who says? The Court of Appeal, for one. On 27 November 2009 in Dawood v Parking & Traffic Appeals Service & Another [2009] EWCA Civ 1411, in refusing permission to appeal against a penalty charge notice, Sedley LJ said that: “One might have thought that nobody could commit a criminal offence by parking a motor scooter on his own land. But the adjudicator took the law to be otherwise and HHJ Oliver‑Jones held that the contrary was not arguable.” As did Sedley LJ.’
Law Society's Gazette, 6th July 2020
Source: www.lawgazette.co.uk
Amber Heard can be in court for Johnny Depp’s evidence, high court rules – The Guardian
‘Johnny Depp has failed to stop his ex-wife Amber Heard from watching him give evidence in a libel case over allegations of domestic abuse.’
The Guardian, 4th July 2020
Source: www.theguardian.com
Lord chancellor seeks views on post-Brexit court powers – Law Society’s Gazette
‘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
Why victims can sometimes inherit from their abusers- even if they kill them – OUP Blog
‘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
Evidencing a joint tenancy – Nearly Legal
‘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
Leicester residents could be fined up to £3,200 for breaching new lockdown laws – The Guardian
‘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
Solicitor amended form of authority not knowing client was dead – Legal Futures
‘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
Ian Paterson: Inquests into ‘unnatural deaths’ of surgery patients – BBC News
‘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
Trial collapses of three Britons accused of aiding man to go to fight in Syria – The Guardian
‘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
BAILII: Recent Decisions
High Court (Administrative Court)
Source: www.bailii.org
