Ex-Kasabian singer’s community order ‘inappropriate’, say domestic abuse charities – The Guardian
‘Domestic abuse charities have criticised as inappropriate the sentence of community service given to the former Kasabian frontman Tom Meighan for assaulting his former fiancee.’
The Guardian, 7th July 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
E Mishan & Sons, Inc v Hozelock Ltd & Ors [2020] EWCA Civ 871 (08 July 2020)
Court of Appeal (Criminal Division)
Pierce v R. [2020] EWCA Crim 855 (08 July 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Emmanuel v Avison & Ors [2020] EWHC 1696 (Ch) (08 July 2020)
High Court (Commercial Court)
Septo Trading Inc v Tintrade Ltd [2020] EWHC 1795 (Comm) (08 July 2020)
High Court (Family Division)
Manjra v Shaikh [2020] EWHC 1805 (Fam) (08 July 2020)
High Court (Queen’s Bench Division)
Aven & Ors v Orbis Business Intelligence Ltd [2020] EWHC 1812 (QB) (08 July 2020)
Source: www.bailii.org
London councils call on government to suspend NRPF immigration status – The Guardian
‘London councils have called on the government to suspend the controversial “no recourse to public funds” (NRPF) immigration status during the coronavirus pandemic to prevent a rise in homelessness.’
The Guardian, 8th July 2020
Source: www.theguardian.com
Security for Costs – International Pipeline Products Ltd v IK UK Ltd. and others – NIPC Law
‘This was an application by several defendants to a claim for breach of contract, conspiracy, breach of confidence and patent, copyright and unregistered design right infringement for security for costs. It was heard by Mr David Stone sitting as a deputy judge of the High Court on 1 May 2020. He gave an extemporary judgment on the day of the hearing and delivered detailed reasons on 24 June 2020.’
NIPC Law, 8th July 2020
Source: nipclaw.blogspot.com
LGBT asylum seekers routinely see claims rejected in Europe and UK – The Guardian
‘People seeking asylum in the UK and Europe on the grounds of sexual orientation and gender identity are routinely seeing their claims rejected because of a widespread “culture of disbelief” and an “impossible burden of proof”, researchers have said.’
The Guardian, 9th July 2020
Source: www.theguardian.com
SRA to review regime for checking solicitors’ competence – Legal Futures
‘The Solicitors Regulation Authority (SRA) is to launch a review of its approach to solicitors’ continuing competence, it has emerged.’
Legal Futures, 9th July 2020
Source: www.legalfutures.co.uk
Pubs, Pandemics and Privacy: 5 Things You Need To Know – Each Other
‘Hundreds of pubs across England have reopened their doors after months of lockdown – with a handful having to close again after punters reported testing positive for Covid-19.’
Each Other, 8th July 2020
Source: eachother.org.uk
Green light given for judicial review challenge of £350 million hospital redevelopment plan – Local Government Lawyer
‘A judicial review into the allocation of funding for hospital services in Hertfordshire is to take place after campaigners for a new hospital successfully applied for a judicial review of the plan to redevelop the area’s existing hospitals.’
Local Government Lawyer, 8th July 2020
Source: www.localgovernmentlawyer.co.uk
Met carried out 22,000 searches on young black men during lockdown – The Guardian
‘Young black men were stopped and searched by police more than 20,000 times in London during the coronavirus lockdown – the equivalent more than a quarter of all black 15- to 24-year-olds in the capital.’
The Guardian, 8th July 2020
Source: www.theguardian.com
Expanded Scope to the Package Holidays Regulations: An Overview – 33 Bedford Row
‘The package travel industry is going through unprecedented times, however, there may be some positive signs on the horizon. Travel is likely to return and, as Augustine of Hippo said, the world is a book and those who do not travel only read one page. Taking a long term view, it might be said that, in keeping with Augustine’s description of the world, people will continue to read as many pages as possible, because normally, holiday travel is a key event in most people’s annual calendar. It is estimated that 9 in 10 people from the UK went on a holiday in 2019 and in the same year, outbound travel contributed £37.1Bn to the UK economy.’
33 Bedford Row, 6th July 2020
Source: www.33bedfordrow.co.uk
Coronavirus and property: keep taking the medicine – Falcon Chambers
‘In the midst of the coronavirus pandemic Parliament has been, and continues to be, very active. This note provides a quick update in relation to the latest developments on four fronts: (1) forfeiture; (2) CRAR; (3) insolvency; (4) planning.’
Falcon Chambers, 29th June 2020
Source: www.falcon-chambers.com
OHL v Qatar Foundation and tribunal’s powers to correct awards and scope of permissible challenges – Atkin Chambers
‘Challenges were brought by a contractor (JV) under sections 67 and 68(2)(b) of the Arbitration Act 1996 (AA 1996) in respect of an addendum award (the Addendum) issued by an International Chamber of Commerce (ICC) tribunal. The Addendum was issued following an application by the employer to correct a fourth partial award. JV’s challenges were dismissed and the judge gave helpful guidance as to the scope of AA 1996, ss 67 and 68 and the scope of a tribunal’s power to correct and/or interpret its award. Written by Simon Lofthouse QC and Zulfikar Khayum, barristers, at Atkin Chambers, and counsel for Qatar Foundation.’
Atkin Chambers, 6th July 2020
Source: www.atkinchambers.com
Inquiry was “right to refuse” participants choice of lawyer – Legal Futures
‘The High Court has upheld a decision refusing two ‘core participants’ in the infected blood public inquiry the right to nominate their own solicitors.’
Legal Futures, 8th July 2020
Source: www.legalfutures.co.uk
‘Breathing space’: the impact of a more consensual approach – 3 Hare Court
‘On 27 April 2020 the British Institute of International and Comparative Law (BIICL) published Breathing Space – a Concept Note on the effect of the pandemic on commercial contracts. The central thesis is that to mitigate the damaging effects of COVID-19 on the global economy, private law should encourage compromise and mediation rather than a zero-sum rush to terminate contracts and then to litigation and arbitration.
3 Hare Court, 29th June 2020
Source: www.3harecourt.com
German Local Courts are Competent to Issue EAWs: Louisa Collins – 5SAH
‘The Divisional Court handed down its decision on 6th May 2020, in a renewed permission hearing, ruling that German local courts were competent to issue European Arrest Warrants: Shirnakhy & Hosseinali v Weiden Local Court, Germany, [2020] EWHC 1103 (Admin), Nicola Davies LJ and Lewis J presiding.’
5SAH, 2nd July 2020
Source: www.5sah.co.uk
Attending a court to give evidence for the employer is not ‘‘work’’ for the purposes of the ‘furlough’ scheme – 3PB
‘According to a report in the Nottinghamshire Law Society Civil Court User Bulletin No 5. HHJ Godsmark QC, on an application to vacate a trial on account of the Defendant’s witnesses being “furloughed”, stated that, “attending a court to give evidence for the employer is not ‘work’ and certainly not work within the meaning of the furlough scheme”.’
3PB, 3rd July 2020
Source: www.3pb.co.uk
The Court of Protection and the Appointment of a Deputy – Becket Chambers
‘When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting power of attorney (LPA), enduring power of attorney (EPA) and a Deputy. I will then give a sketch of how the Court of Protection works.’
Becket Chambers, 3rd July 2020
Source: becket-chambers.co.uk
COVID 19: an update on remote hearings and making them effective – 3PB
‘Much has been written about the dramatic decrease in civil hearings as a result of the COVID 19 pandemic. A survey conducted by Kate Brunner QC and I for the Western Circuit showed a 75% decrease in the number of hearings and a 58% reduction in work done by the Bar.’
3PB, 6th July 2020
Source: www.3pb.co.uk
