BAILII: Recent Decisions
Court of Appeal (Civil Division)
A (A Child) (Rev 1) [2020] EWCA Civ 731 (15 June 2020)
High Court (Administrative Court)
Harris, Re review of the tariff [2020] EWHC 1540 (Admin) (15 June 2020)
High Court (Technology and Construction Court)
Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors [2020] EWHC 1523 (TCC) (15 June 2020)
Source: www.bailii.org
The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB
‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:
a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and
b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.
3PB, 8th June 2020
Source: www.3pb.co.uk
Termination of a Code Agreement by Operators – Falcon Chambers
‘In this article we intend to examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an ended at the specified break date without any ongoing continuation of the operator’s contractual liability. We shall also consider the issue of renewal following termination.’
Falcon Chambers, June 2020
Source: www.falcon-chambers.com
GMC can investigate solicitor doctor over legal advice – Legal Futures
‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’
Legal Futures, 15th June 2020
Source: www.legalfutures.co.uk
Lords seek to allow gene-editing in UK ‘to produce healthy, hardier crops’ – The Guardian
‘Peers are preparing plans to legalise the gene-editing of crops in England, a move that scientists say would offer the nation a chance to develop and grow hardier, more nutritious varieties. The legislation would also open the door to gene-editing of animals.’
The Guardian, 14th June 2020
Source: www.theguardian.com
Neighbourhood forum wins Planning Court challenge over Leeds site allocations plan and Green Belt land releases – Local Government Lawyer
‘A neighbourhood forum has successfully challenged Leeds City Council’s site allocation plan in the High Court in a dispute over calculating Green Belt release for housebuilding.’
Local Government Lawyer, 11th
Source: www.localgovernmentlawyer.co.uk
90% of law firms “breaching transparency rules” – Legal Futures
‘The news comes with the regulator planning to step up its checks.’
Legal Futures, 15th June 2020
Source: www.legalfutures.co.uk
Racism contributed to disproportionate UK BAME coronavirus deaths, inquiry finds – The Guardian
‘Racism and discrimination suffered by Britain’s black, Asian and minority ethnic people has contributed to the high death rates from Covid-19 in those communities, an official inquiry has found.’
The Guardian, 14th June 2020
Source: www.theguardian.com
Turnover Rents for Retail – the Way Forward in Recession? Sharing the pain and (hopefully) the gain – Falcon Chambers
‘Some legal property commentators have been wondering how a commercial open market rent can be set for business premises when the relevant valuation date falls during the lockdown period or will arrive in coming months. They bemoan the likely lack of comparables and wring their hands. Personally, I have great faith in the skillset of expert valuers’ to meet this particular challenge. However, for my part, the true question is whether such commentators are actually looking at matters through the right end of the telescope?’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
Youth justice: exposing a system that is failing our most vulnerable children – The Guardian
‘Children in the Dock was an investigation into the youth justice system in England and Wales that involved the Guardian’s Manchester team spending a month monitoring every case at Greater Manchester youth court. Among other things, they found that the proportion of BAME children in court had doubled in eight years, and revealed that youth cases now take 40% longer than in 2010.’
The Guardian, 13th June 2020
Source: www.theguardian.com
New claims in High Court bounce back above 2019 level – Litigation Futures
‘High Court activity has already recovered to pre-Covid-19 levels following a sharp slump during the height of the outbreak, new research has found.’
Litigation Futures, 15th June 2020
Source: www.litigationfutures.com
Ben Ashman: Man who ran over stepmother at wedding jailed – BBC News
‘A man who repeatedly drove over his stepmother in a drunken rage at a wedding has been jailed for six years.’
BBC News, 11th June 2020
Source: www.bbc.co.uk
Private firms to lose role in probation services – BBC News
‘The government has scrapped plans to let private firms run behaviour programmes and unpaid work schemes for offenders in England and Wales.’
BBC News, 11th June 2020
Source: www.bbc.co.uk
Family of black man who died in UK police custody speak out – The Guardian
‘The family of a black man who died in police custody in Devon last month have said they still have no idea of the circumstances that led to his death and are demanding answers.’
The Guardian, 12th June 2020
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
M v M – more than just costs by Nick Power – Broadway House Chambers
‘The recent flurry of legal observers commenting on the eye-watering and disproportionate costs incurred in this case such that out of £630,000 liquid capital, £594,000 had been spent on costs has justifiably attracted much attention. There is however, within this case, an incredibly helpful analysis for practitioners as to when, and in what manner, the court can have regard to family support which may be available in the future for the parties.’
Broadway House Chambers, 10th June 2020
Source: broadwayhouse.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Smith, R. v [2020] EWCA Crim 669 (06 May 2020)
High Court (Administrative Court)
Government of the United States of America v McDaid [2020] EWHC 1527 (Admin) (12 June 2020)
Kotlarski v Regional Court In Bielsko-Biala, Poland [2020] EWHC 1522 (Admin) (11 June 2020)
High Court (Chancery Division)
Umrish Ltd & Ors v Gill [2020] EWHC 1513 (Ch) (12 June 2020)
Benkel v East-West German Real Estate Holding & Anor [2020] EWHC 1489 (Ch) (12 June 2020)
Monsolar IQ Ltd v Woden Park Ltd [2020] EWHC 1521 (Ch) (12 June 2020)
Gardiner v Tabe & Anor [2020] EWHC 1471 (Ch) (12 June 2020)
High Court (Family Division)
Akhmedova v Akhmedov & Ors [2020] EWHC 1526 (Fam) (12 June 2020)
High Court (Queen’s Bench Division)
Warnes & Anor v Forge [2020] EWHC 1496 (QB) (12 June 2020)
Barnett v Walker & Ors [2020] EWHC 1538 (QB) (12 June 2020)
Bromford Housing Association Ltd v Nightingale & Anor [2020] EWHC 1532 (QB) (12 June 2020)
Pearce v East and North Hertfordshire NHS Trust [2020] EWHC 1504 (QB) (11 June 2020)
