BAILII: Recent Decisions
High Court (Chancery Division)
Ocado Group Plc & Anor v McKeeve [2020] EWHC 1463 (Ch) (11 June 2020)
Source: www.bailii.org
Detention, Damages and Draft Remedial Orders: a look at the Strasbourg case law behind the proposal to amend the Human Rights Act – UK Human Rights Act
‘When a provision of legislation is held to be incompatible with a Convention right, a Minister of the Crown “may by order make such amendments to the primary legislation as he considers necessary”. This power to take remedial action, contained within section 10 of the Human Rights Act (HRA), applies when a domestic court finds an incompatibility with the European Convention on Human Rights (ECHR), and also when the Minister considers a provision of legislation incompatible with the Convention “having regard to a finding of the European Court of Human Rights” (ECtHR). A recent draft remedial order laid before Parliament aims to remedy an incompatibility of the latter kind, following the ECtHR’s judgment in Hammerton v United Kingdom no. 6287/10 ECHR 2016. The draft remedial order is of particular interest because it purports to amend the Human Rights Act itself.’
UK Human Rights Act, 11th June 2020
Source: ukhumanrightsblog.com
Vaccination – No ‘biggie’ but still ‘a big deal’ – Transparency Project
‘Here, in the midst of a public health emergency, is an important Court of Appeal decision about immunisation.’
Transparency Project, 10th June 2020
Source: www.transparencyproject.org.uk
Universities Investigate Adverts On Channel 4 Show That ‘Dehumanised’ Traveller Community – Each Other
‘Three universities are investigating how their adverts appeared on a Channel 4 documentary accused of “dehumanising” the Traveller community.’
Each Other, 11th June 2020
Source: eachother.org.uk
Shamima Begum’s UK citizenship should be restored, court told – The Guardian
‘Shamima Begum, the woman who left Britain as a schoolgirl to join Islamic State, cannot effectively challenge the government’s decision to deprive her of British citizenship while she is in a detention camp in northern Syria, the court of appeal has been told.’
The Guardian, 11th June 2020
Source: www.theguardian.com
Coronavirus: Police fines for lockdown breaches fall as measures ease – BBC News
‘More than 17,000 fines for alleged breaches of coronavirus lockdown laws have been issued in England and Wales.’
BBC News, 11th June 2020
Source: www.bbc.co.uk
Adding Allegations to a Clinical Negligence Claim: a brief summary of Mangala Janakarajah v (1) Oxford University Hospitals NHS Trust (2) Mario Petrou [2020)] QBD (Soole J) 03/06/2020 – Parklane Plowden Chambers
‘In clinical negligence cases things change. That’s often because new expert evidence, witness evidence, or medical records come to light. So, when can you add to your existing case?’
Parklane Plowden Chambers, 5th June 2020
Source: www.parklaneplowden.co.uk
There have been no successful prosecutions for deaths in British police custody since 1969 – here’s why – The Guardian
‘Black people account for 3% of the population, but 8% of deaths in custody. As a former chief prosecutor, I know this is only the end point of a system that disproportionately suspects, arrests, convicts and imprisons BAME people.’
The Guardian, 11th June 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Tabidi v British Broadcasting Corporation [2020] EWCA Civ 733 (11 June 2020)
A Local Authority v JB [2020] EWCA Civ 735 (11 June 2020)
C (Children : Covid-19: Representation) [2020] EWCA Civ 734 (10 June 2020)
High Court (Administrative Court)
QM Developments (UK) Ltd v Warrington Borough Council [2020] EWHC 1511 (Admin) (11 June 2020)
FH v Secretary of State for the Home Department [2020] EWHC 1482 (Admin) (10 June 2020)
High Court (Chancery Division)
Ocado Group Plc & Anor v McKeeve [2020] EWHC 1463 (Ch) (11 June 2020)
Ocado Group Plc & Anor v McKeeve [2020] EWHC 563 (Ch) (11 June 2020)
Brake & Anor v Guy & Ors [2020] EWHC 1484 (Ch) (11 June 2020)
A v B & Anor [2020] EWHC 1491 (Ch) (10 June 2020)
A v B & Anor [2020] EWHC 1492 (Ch) (10 June 2020)
Profile Partners Ltd, Re [2020] EWHC 1473 (Ch) (08 June 2020)
High Court (Commercial Court)
Ridley v Dubai Islamic Bank PJSC [2020] EWHC 1443 (Comm) (11 June 2020)
DVB Bank SE v Vega Marine Ltd & Ors [2020] EWHC 1494 (Comm) (10 June 2020)
The Public Institution for Social Security v Al Rajaan & Ors [2020] EWHC 1498 (Comm) (09 June 2020)
High Court (Family Division)
G v D (Art 13b: Absence of Protective Measures) [2020] EWHC 1476 (Fam) (08 June 2020)
High Court (Queen’s Bench Division)
Ogunsanya & Anor v General Medical Council [2020] EWHC 1500 (QB) (11 June 2020)
Source: www.bailii.org
Restoring companies to the register: article exploring issues arising in mesothelioma litigation and the conflict between the Compensation Act 2006 and 2010 – Parklane Plowden Chambers
‘This article intends to investigate probably well-rehearsed principles implied in bringing actions for personal injury against long-since defunct and even dissolved companies.’
Parklane Plowden Chambers, 10th June 2020
Source: www.parklaneplowden.co.uk
Frustrated by COVID-19? Tell that to your contract – No. 5 Chambers
‘The law of frustration has reared its head at some memorable moments in British history: King Edward VII’s cancelled coronation; the First World War; the Second World War; and Brexit. Will the COVID-19 pandemic join this list?’
No. 5 Chambers, 3rd June 2020
Source: www.no5.com
MEF v St George’s Healthcare NHS Trust – No. 5 Chambers
‘Mr Justice Morris dismissed the Defendant’s appeal seeking to overturn Master Rowley’s decision that a Calderbank Offer without a time limit was capable of being accepted two days into a detailed assessment hearing.’
No. 5 Chambers, 8th June 2020
Source: www.no5.com
COVID-19 and the Right to Protest – St John’s Buildings
‘Criminal barrister Rebecca Penfold has co-authored an article with Aparna Rao of 5 Paper Buildings about Covid-19 and the right to protest. It asks what rights do individual citizens have to protest, whilst subject to lockdown restrictions in England?’
St John's Buildings, 3rd June 2020
Source: stjohnsbuildings.com
Gregory Davies and Dan Wincott: Brexit, the press and the territorial constitution – UK Constitutional Law Association
‘In the early years of devolution, Feldman described constitutional discourse in the UK as ‘a sea of conflicting visions’. More than a decade later, Brexit and now Covid-19 remind us again just how differently the UK is understood.’
UK Constitutional Law Association, 10th June 2020
Source: ukconstitutionallaw.org
A Local Authority v AG [2020] WLR(D) 201, [2020] EWFC 18 and A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) – Parklane Plowden Chambers
‘Jo Delahunty QC has recently acted for the children in an ongoing case involving diplomatic immunity and child protection matters. In this article one of our current pupils, Hannah Whitehouse, summarises the judgments of Mr Justice Mostyn in A Local Authority v AG [2020] WLR(D) 201, [2020] EWFC 18 and A Local Authority v AG (No 2) [2020] EWHC 1346 (Fam) which grapple with the interplay between Part IV of the Children Act 1989 and the seemingly conflicting duties imposed by the Vienna Convention 1961 and the European Convention on Human Rights 1950 in decisions which are likely to be significant and have wide-reaching implications.’
Parklane Plowden Chambers, 3rd June 2020
Source: www.parklaneplowden.co.uk
Insolvency in the English Football League: impact on players and staff – Littleton Chambers
‘In relation to the EFL, there have been dire warnings that in the absence of a substantially increased contribution from the Premier League, up to 60 clubs could go out of business.’
Littleton Chambers, 2nd June 2020
Source: littletonchambers.com
Giving evidence is not ‘work’ for furloughed employee – Litigation Futures
‘Giving evidence at court is not “work” for an employee and so being on furlough is not a reason for their employer to seek to vacate a hearing, the designated civil judge in Nottingham has ruled.’
Litigation Futures, 11th June 2020
Source: www.litigationfutures.com
Calls For Reform After Nurse With PTSD Endures Stop And Search ‘Torture’ – Each Other
‘“The last 14 months were like torture,” said nurse Neomi Bennett on her fight to clear her name after being convicted of obstructing a police officer during a stop and search last year.’
Each Other, 10th June 2020
Source: eachother.org.uk
Compensation for woman after rape trials collapse over police failings – BBC News
‘A woman who police believe was sexually abused by a gang from the age of 12 has been paid a five-figure compensation sum after three trials collapsed following police failings.’
BBC News, 11th June 2020
Source: www.bbc.co.uk
