Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer

‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’

Full Story

Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

SRA to press ahead with launch of SQE in autumn 2021 – Legal Futures

‘The Covid-19 crisis will not stop the introduction of the Solicitors Qualifying Exam (SQE) in September 2021, the Solicitors Regulation Authority (SRA) has decided.’

Full Story

Legal Futures, 8th June 2020

Source: www.legalfutures.co.uk

How to observe remote hearings in the Court of Protection -Transparency Project

Posted June 8th, 2020 in coronavirus, Court of Protection, news, remote hearings by sally

‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’

Full Story

Transparency Project, 7th June 2020

Source: www.transparencyproject.org.uk

‘A black man’s life is not valued’: attack on year-long delay of UK police death inquiry – The Guardian

‘An official review into the death of a black man who was punched repeatedly by police, beaten with a baton and Tasered has been delayed for the last year because investigators have yet to obtain a transcript of the inquest.’

Full Story

The Guardian, 6th June 2020

Source: www.theguardian.com

Yuan Yi Zhu: The Supreme Court: Options for Change – UK Constitutional Law Association

Posted June 8th, 2020 in constitutional law, news, parliament, Privy Council, Supreme Court by sally

‘Since the Conservative government’s landslide victory in the 2019 general election, constitutional reform has been on top of its agenda. The most high-profile target of its attention has been the Supreme Court, whose performance came under sustained Conservative criticism during Brexit, most notably in Miller II/Cherry. Few details have so far been published about the Government’s constitutional reform plans, and it remains possible that these never reach fruition, especially in the face of concerted political opposition. Nevertheless, given the government’s considerable parliamentary majority and the high priority given to constitutional reform at the political level, it seems that the Supreme Court’s days might indeed be numbered. Hence, it is worth considering, without offering an opinion on the desirability of reforming the Supreme Court, some possible options for change.’

Full Story

UK Constitutional Law Association, 8th June 2020

Source: ukconstitutionallaw.org

Spending watchdog warns public bodies on challenge of managing end of PFI contracts as disputes loom – Local Government Lawyer

‘More than a third of public bodies expect to have formal disputes as PFI contracts come to an end, the National Audit Office has found.’

Full Story

Local Government Lawyer, 5th June 2020

Source: www.localgovernmentlawyer.co.uk

Not not Nemcova – Nearly Legal

Posted June 8th, 2020 in appeals, covenants, housing, landlord & tenant, leases, news, tribunals by sally

‘Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found the short let use not to be in breach of lease (for cunning reasons I’ll come back to) and the head lessor had appealed to the Upper Tribunal. The decision upholds the Nemcova line on “private residence” use, but also has a finding of interest on “business use”.’

Full Story

Nearly Legal, 6th June 2020

Source: nearlylegal.co.uk

Justice Secretary seeks to block decision to release rapist serving life sentence – Daily Telegraph

‘The Justice Secretary is seeking to block the decision to release a rapist serving a life sentence from prison, after the victim’s family only learned of the plans through a journalist.’

Full Story

Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Tenant eviction ban in England and Wales extended by two months – The Guardian

‘The government has extended its ban on evictions in England and Wales by a further two months, prolonging the breathing space for thousands of tenants who have struggled to pay the rent during lockdown.’

Full Story

The Guardian, 6th June 2020

Source: www.theguardian.com

R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

Full Story

4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Belly Mujinga: CPS to review Covid-19 death of station worker – BBC News

Posted June 8th, 2020 in assault, bereavement, coronavirus, Crown Prosecution Service, families, news by sally

‘The Crown Prosecution Service (CPS) has been asked to review evidence into the death of a railway worker who was reportedly spat at by a man claiming to have coronavirus.’

Full Story

BBC News, 5th June 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 8th, 2020 in law reports, Uncategorized by sally

Court of Appeal (Civil Division)

Coughlan, R (on the application of) v The Minister for the Cabinet Office & Anor [2020] EWCA Civ 723 (05 June 2020)

Sofer v Swissindependent Trustees SA [2020] EWCA Civ 699 (05 June 2020)

Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors [2020] EWCA Civ 717 (05 June 2020)

High Court (Administrative Court)

KN v Sokolov District Court, Czech Republic [2020] EWHC 1462 (Admin) (05 June 2020)

Wozniak v District Court In Gniezno, Poland [2020] EWHC 1459 (Admin) (05 June 2020)

Granger-Taylor, R (on the application of) v High Speed Two (HS2) Ltd & Anor [2020] EWHC 1442 (Admin) (05 June 2020)

Ali Raja & Anor, R (on the application of) v London Borough of Redbridge [2020] EWHC 1456 (Admin) (05 June 2020)

Bamber, R (on the application of) v Crown Prosecution Service [2020] EWHC 1391 (Admin) (05 June 2020)

High Court (Chancery Division)

Discovery (Northampton) Ltd & Ors v Debenhams Retail Ltd & Ors [2020] EWHC 1430 (Ch) (05 June 2020)

Monsolar IQ Ltd v Woden Park Ltd [2020] EWHC 1407 (Ch) (05 June 2020)

High Court (Commercial Court)

Scipion Active Trading Fund v Vallis Group Ltd (Formerly Vallis Commodities Ltd) [2020] EWHC 1451 (Comm) (05 June 2020)

High Court (Queen’s Bench Division)

Rihan v Ernst & Young Global Ltd & Ors [2020] EWHC 1380 (QB) (05 June 2020)

High Court (Technology and Construction Court)

MW High Tech Projects UK Ltd v Balfour Beatty Kilpatrick Ltd [2020] EWHC 1413 (TCC) (05 June 2020)

TRW Pensions Trust Ltd & Anor v Indesit Company Polska SP Z.O.O & Anor [2020] EWHC 1414 (TCC) (5 June 2020)

Source: www.bailii.org

Jeremy Bamber refused access to documents on Essex family murders – The Guardian

‘Jeremy Bamber, who is serving a whole life sentence for one of Britain’s most notorious multiple murders, has been refused access to documents that he believes could help clear his name.’

Full Story

The Guardian, 5th June 2020

Source: www.theguardian.com

Employment status: Revenue v Customs Commissioners v Professional Game Match Officials Ltd [2020] 5 WLUK 118 – 3PB

‘Professional Game Match Officials Limited (“PGMOL”) is a company whose 3 members are The Football Association Ltd (“the FA”), The Football Association Premier League Ltd (“the Premier League”) and the Football League Ltd (“the Football League”), now referred to as the English Football League (“the EFL”).’

Full Story

3PB, 2nd June 2020

Source: www.3pb.co.uk

UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian

‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’

Full Story

The Guardian, 7th June 2020

Source: www.theguardian.com

Resumption of jury trials: an open justice “toolkit” – Doughty Street Chambers

‘For seven weeks Covid-19 shut the doors of jury trials in England and Wales. On 11th May 2020, the Lord Chief Justice and Lord Chancellor announced the resumption of new jury trials in “certain courtrooms under certain conditions” from 18th May 2020. In the interim, two guinea pig trials resumed at the Old Bailey.’

Full Story

Doughty Street Chambers, 18th May 2020

Source: insights.doughtystreet.co.uk

To complete or not to complete? Notices to Complete and Specific Performance – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, enforcement, news, sale of land by sally

‘Once the parties to a contract for the sale and purchase of land (or for the grant and acceptance of a lease) become contractually bound, then, other things being equal, neither of them should be able to back out – at least, not without some default of the other party to exploit. Of course, some such contracts are conditional, and the parties do not necessarily become unconditionally bound until some later date, if at all. But when the parties do become unconditionally bound, one or the other of them may ask the question: how can I force the reluctant party to complete? Or, looking at the problem from the other end: when do I have to complete? Can I be forced to complete?’

Full Story

Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

Full Story

Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

Sale and Development Agreements: Obligations to Use Endeavours – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, coronavirus, news, sale of land by sally

‘At the time of writing, the UK remains subject to stringent and extensive measures which have been enacted by Parliament in response to the Covid19 pandemic. Although there has been some relaxation since the “lockdown” was first introduced in mid-March 2020, large parts of the economy remain on hold. This has had and will continue, for some time, to have an effect on the ability and desire of parties to contracts for the sale and/or development of land to perform their obligations. It will also affect the extent to which transactions of this sort continue to be entered into and the terms of sale and development agreements may well need to adapt to the changing landscape.’

Full Story

Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The end of remote voting in Parliament: a backwards move? – Cloisters

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

Full Story

Cloisters, 2nd June 2020

Source: www.cloisters.com