BAILII: Recent Decisions
Court of Appeal (Civil Division)
Barlow v Wigan Metropolitan Borough Council [2020] EWCA Civ 696 (01 June 2020)
Ezair v Conn & Anor [2020] EWCA Civ 687 (01 June 2020)
High Court (Administrative Court)
Naqvi v Solicitors Regulation Authority [2020] EWHC 1394 (Admin) (02 June 2020)
High Court (Chancery Division)
De Sena & Anor v Notaro & Ors [2020] EWHC 1366 (Ch) (01 June 2020)
Punch Partnerships (PTL) Ltd & Anor v Jonalt Ltd [2020] EWHC 1376 (Ch) (01 June 2020)
Dinglis v Dinglis & Ors [2020] EWHC 1363 (Ch) (01 June 2020)
High Court (Commercial Court)
Pipia v BGEO Group Ltd [2020] EWHC 1359 (Comm) (02 June 2020)
Gregor Fisken Ltd v Carl [2020] EWHC 1385 (Comm) (01 June 2020)
Source: www.bailii.org
EP 114: CPS Rape Prosecution Policy – Jennifer MacLeod – Law Pod UK
‘In Episode 114, Emma-Louise Fenelon speaks to Jennifer MacLeod from Brick Court Chambers about two recent Divisional Court decisions concerning CPS rape prosecution policy.’
Law Pod UK, 1st June 2020
Source: audioboom.com
Bedlington man who enslaved homeless men must pay £275k – BBC News
‘A man who plied homeless men with drugs and alcohol to make them do gruelling work has been ordered to pay back the £275,000 he made through his crimes.’
BBC News, 1st June 2020
Source: www.bbc.co.uk
Relief from sanctions: An overview and case law update – St Ives Chambers
‘In light of the current COVID-19 pandemic, applications for relief from sanctions may become more frequent as deadlines are missed and court orders are not complied with. In three recent cases, the High Court has considered the applicable principles and provided guidance. Now, therefore, seems the ideal time to revisit the applicable principles.’
St Ives Chambers, 21st May 2020
Source: www.stiveschambers.co.uk
Indefinite Leave to Remain as a Bereaved Partner – Richmond Chambers
‘Daily reports of death during the Covid-19 pandemic has made many of us think about loved ones, how to protect them and the implications of life without them. If your leave to enter or remain is dependent on a relationship, what does happen if a partner passes away? The Immigration Rules in fact provide a route for indefinite leave to remain (ILR) as a bereaved partner. In this post we look at the requirements.’
Richmond Chambers, 22nd May 2020
Source: immigrationbarrister.co.uk
COVID-19, Vaccines, BREXIT and Vaccine Damage Claims – Henderson Chambers
‘There is currently an enormous international effort in progress to invent, test and obtain regulatory approval for a COVID-19 vaccine (or more accurately, a vaccine against SARS-CoV-2, the underlying virus). It is right to consider now, how such a vaccine will get regulatory approval, how such approval might be affected by BREXIT, and if no-fault vaccine damage schemes may apply to any such novel vaccine.’
Henderson Chambers, 18th May 2020
Source: www.hendersonchambers.co.uk
Mediation: don’t panic in the pandemic, be prepared – Counsel
‘Might fear of the courts being overwhelmed by an anticipated flood of cases, after eventual emergence from lockdown, begin a trend amongst the judiciary to be more proactive in its encouragement of mediation? Colin Manning investigates.’
Counsel, June 2020
Source: www.counselmagazine.co.uk
British citizenship after obtaining EU Settled Status – Richmond Chambers
‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’
Richmond Chambers, 25th May 2020
Source: immigrationbarrister.co.uk
Sole Representative Visa: Genuineness and Legal Certainty – Richmond Chambers
‘Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience, the ownership and control held by the sole representative and their partner, and refuse if it considers the application is merely a way to facilitate the sole representative’s entry or stay.’
Richmond Chambers, 28th May 2020
Source: immigrationbarrister.co.uk
The coronavirus crisis in Britain’s prisons – The Guardian
‘As Britain faced an unprecedented lockdown, the situation for the 80,000 people in prison was even more stringent. David Adams was recently released from jail and describes how prisoners were confined to their tiny cells for more than 23 hours a day.’
The Guardian, 1st June 2020
Source: www.theguardian.com
Watership Down author’s estate wins back all rights to classic novel – The Guardian
‘In a case at London’s high court, Richard Adams’ estate won a longstanding claim against Martin Rosen, director of the 1978 animation.’
The Guardian, 1st June 2020
Source: www.theguardian.com
Should there be a trial of limitation as a preliminary issue? – Parklane Plowden Chambers
‘This article discusses whether to list a case for trial of “limitation” as a preliminary issue. This can be a matter of conflict between parties but, in the “age of QOCS”, can have significant benefits or repercussions for the litigants depending on the Court’s approach.’
Parklane Plowden Chambers, 21st May 2020
Source: www.parklaneplowden.co.uk
Coronavirus (COVID-19)—impact on coroners’ inquests and the investigation of deaths – 1 Crown Office Row
‘Corporate Crime analysis: Coronavirus (COVID-19) has impacted all parts of the justice system, but there are particular ramifications for a jurisdiction which has as its core purpose the investigation of deaths. Therefore, by means of the Coronavirus Act 2020 (CA 2020) and guidance issued by the Chief Coroner, various measures have been taken to ensure that coroners’ courts are not overwhelmed. Matthew E Flinn, barrister at 1 Crown Office Row, discusses these measures.’
1 Crown Office Row, 27th May 2020
Source: www.1cor.com
Lisa Harker: ‘Remote family court hearings are not just or humane’ – The Guardian
‘The head of the Nuffield Family Justice Observatory on how parents and children are being failed during the coronavirus crisis.’
The Guardian, 2nd June 2020
Source: www.theguardian.com
The increased benefits of ADR in the Covid-19 world – KCH Garden Sq
‘With many people working by remote means, combined with the reduction in court sitting days, clients are increasingly looking to Alternative Dispute Resolution (ADR) processes. Tom Russell discusses the benefits of ADR in more depth. The full article is available to read here.’
KCH Garden Sq, 22nd May 2020
Source: kchgardensquare.co.uk
Police cannot go into homes to check if lockdown rules are being breached – Daily Telegraph
‘Police in England have been told they cannot go into homes or gardens to check whether coronavirus lockdown rules are being breached, according to new guidance.’
Daily Telegraph, 1st June 2020
Source: www.telegraph.co.uk
Naomi McLoughlin discusses the recent decision in A Local Authority v the Mother & Ors [2020] EWHC 1233 (Fam) – Park Square Barristers
‘The judgment addresses the question of whether a fact-finding hearing should continue either remotely or semi-remotely or whether the case should be adjourned until an in-person hearing of pre-Covid 19 format can take place.’
Park Square Barristers, 19th May 2020
Source: www.parksquarebarristers.co.uk
Iraq war: All but one war crimes claim against British soldiers dropped – BBC News
‘British soldiers who have been accused of committing war crimes in Iraq are unlikely to face criminal prosecution.’
BBC News, 2nd June 2020
Source: www.bbc.co.uk
