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
Fixed Costs: The Impact of Contributory Negligence on Trial Advocacy Fees – No. 5 Chambers
‘CPR 45.29C sets out the amount of fixed costs payable in Fast Track claims where a claim no longer continues under the RTA Protocol. Where a claim is disposed of at trial, costs of £2,655.00 are payable, alongside 20% of the damages agreed or awarded and the relevant trial advocacy fee. The protocol for EL/PL claims works in a similar way. It is trite that where the claim settles at Court on the day listed for trial, the advocacy fee is still payable.’
No. 5 Chambers, 18th May 2020
Source: www.no5.com
Professional Regulation – Case Comment: Caroline Reilly V Teaching Regulation Agency and Secretary of State for Education (2020) EWHC 1188 (Admin) – Park Square Barristers
‘The appellant was the head teacher of a primary school in the West Midlands. She was dismissed from her post in July 2011 following disciplinary proceedings which arose in consequence of her failure to disclose the fact of her personal relationship with a man who had been convicted of offences involving the making and possessing of indecent images of children.’
Park Square Barristers, 15th May 2020
Source: www.parksquarebarristers.co.uk
Whittington Hospitals NHS Trust v XX [2020] UKSC 14 – Hailsham Chambers
‘The dispute arose as a result of a delay, by the Trust, in diagnosing the Claimant (Respondent)’s cancer, and the infertility this caused.’
Hailsham Chambers, 21st May 2020
Source: www.hailshamchambers.com
Righting wrongs: interview with Martin Forde QC – Counsel
‘One year on from the launch of the Windrush compensation scheme, the silk who oversaw its design talks to Natasha Shotunde about the scandal, British attitudes to migration and citizenship, and misconceptions holding applicants back from rightful compensation.’
Counsel, June 2020
Source: www.counselmagazine.co.uk
Commercial litigation dipped before lockdown – Litigation Futures
‘Litigation in London’s commercial courts dipped before the UK lockdown at the end of March, new figures have revealed.’
Litigation Futures, 1st June 2020
Source: www.litigationfutures.com
Relief from Forfeiture following Manslaughter: Challen v Challen [2020] EWHC 1330 (Ch) – Hardwicke Chambers
‘In this recent case, described by the presiding judge HHJ Matthews as “extraordinary [with] a fatal combination of conditions and events”, relief from forfeiture was granted despite the applicant having pleaded guilty to manslaughter with a resulting sentence of over nine years of imprisonment.’
Hardwicke Chambers, 29th May 2020
Source: hardwicke.co.uk
Judge criticises local authority and Children’s Guardian over efforts to identify birth father but declines to revoke adoption order – Local Government Lawyer
‘A Family Division judge has rejected a birth father’s application under the inherent jurisdiction of the High Court to revoke an adoption order made in November 2019, despite levelling criticisms at the local authority and Children’s Guardian over a lack of rigour and urgency to identify him.’
Local Government Lawyer, 29th May 2020
Source: www.localgovernmentlawyer.co.uk
Libel judge issues “wasteful” bundles warning – Litigation Futures
‘It should not be necessary for the court to make express directions as to what should be included in a hearing bundle but failures to collate them properly may force them to, a High Court judge has warned.’
Litigation Futures, 1st June 2020
Source: www.litigationfutures.com
Windrush scandal: only 60 victims given compensation so far – The Guardian
‘Only 60 people have received Windrush compensation payments during the first year of the scheme’s operation, with just £360,000 distributed from a fund officials expected might be required to pay out between £200m and £500m.’
The Guardian, 28th May 2020
Source: www.theguardian.com
Tim Cochrane: The Impact of the CLOUD Act Regime on the UK’s Death Penalty Assurances Policy – UK Constitutional Law Association
‘This post discusses the impact of the new CLOUD Act international data sharing regime on the UK’s death penalty assurances policy. This regime—named after its enabling US legislation, the Clarifying Lawful Overseas Use of Data Act—is due to come into force in July 2020 following the signing of a bilateral US–UK agreement in October 2019 (US-UK Agreement). It provides a quicker alternative for law enforcement seeking access to electronic data overseas, beyond the existing mutual legal assistance (MLA) process, which operates through MLA treaties (MLATs) and other mechanisms. However, while the CLOUD Act regime has an admirable aim, its implementation weakens the UK’s existing death penalty assurances policy and thus risks exposing the UK and others to significant liability, as discussed below.’
UK Constitutional Law Association, 1st June 2020
Source: ukconstitutionallaw.org
Covid causes child detention crisis, and a ‘timebomb’ in adult prisons – The Guardian
‘Serious concerns are emerging over the treatment of children in custody during the coronavirus pandemic, after evidence that some have been spending as little as 40 minutes a day out of their cell.’
The Guardian, 31st May 2020
Source: www.theguardian.com
Self-Employed Income Support Scheme (‘SEISS’)- Old Square Chambers
‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’
Old Square Chambers, 12th May 2020
Source: www.oldsquare.co.uk
C-19 damage: does international law hold any answers? – UK Human Rights Blog
‘What is international law for, if it cannot be enforced against the country responsible for breach? That is the question raised by a recent report documenting a series of steps by the Chinese Communist party to conceal from the World Health Organisation and the rest of the world the outbreak and human-to-human transmission of coronavirus. If we want a rules-based international order to mean anything, the authors of the report point out, it must be upheld.’
UK Human Rights Blog, 1st June 2020
Source: ukhumanrightsblog.com
Roberts Case Summary – No. 5 Chambers
‘The name of this case may seem familiar; perhaps too familiar given the time it usually takes for matters to proceed through our court system. However, you’d be right. This is the third preliminary issue in the matter of Harry Roberts (a minor and a protected party by his mother and litigation friend Mrs Lauren Roberts) v Soldiers, Sailors, Airmen and Families Association (1), Ministry of Defence (2) and Allegemeines Krankenhaus Viersen GMBH (3) [2020] EWHC 994 (QB) to be determined by the High Court and the second in less than twelve months.’
No. 5 Chambers, 18th May 2020
Source: www.no5.com
Solicitor and firm sanctioned over property work – Legal Futures
‘A law firm earned some £800,000 in fees on three failed property development schemes as well as ‘quick sale’ conveyancing where it acted for both sides, a tribunal has heard.’
Legal Futures, 1st June 2020
Source: www.legalfutures.co.uk
The Implied Term of Trust and Confidence and the Coronavirus Job Retention Scheme: a Reply – Old Square Chambers
‘On 14 April 2020, our colleague Stuart Brittenden published an article arguing that the implied term of mutual trust and confidence (“the implied term”) requires employers to make use of the Coronavirus Job Retention Scheme (“CJRS”) for agency workers, zero-hour contract workers, and employees, generally.’
Old Square Chambers, 19th May 2020
Source: www.oldsquare.co.uk
Equal Pay Act: Why Are Women And Minorities Still Paid Unfairly 50 Years On? – Each Other
‘“Whether it’s being denied flexible working and having to work fewer hours as a result, or finding out you’re paid £3,000 less than a white man with the same job title and fewer responsibilities; it’s always crushing being treated worse than your peers.”
Those are the words of Sophia Moreau, who has experienced unequal pay repeatedly throughout her late teens and early 20s. The journalist and campaigner said that she has come to a “sad realisation” that, as a black woman, she cannot expect fair treatment.’
Each Other, 29th May 2020
Source: eachother.org.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Wright v Ver [2020] EWCA Civ 672 (29 May 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Dearing v Skelton & Ors [2020] EWHC 1370 (Ch) (29 May 2020)
De Sena & Anor v Notaro & Ors [2020] EWHC 1379 (Ch) (29 May 2020)
Lehman Brothers Europe Ltd v Re Insolvency Act [2020] EWHC 1369 (Ch) (29 May 2020)
C Wzrd Ltd & Anor v Kortan & Anor [2020] EWHC 1360 (Ch) (29 May 2020)
MV Promotions Ltd & Anor v Telegraph Media Group Ltd & Anor [2020] EWHC 1357 (Ch) (29 May 2020)
High Court (Queen’s Bench Division)
Magee v Willmott [2020] EWHC 1378 (QB) (29 May 2020)
Dayah & Anor v The Partners of Bushloe Street Surgery & Anor v [2020] EWHC 1375 (QB) (29 May 2020)
High Court (Technology and Construction Court)
Castle Water Ltd v Thames Water Utilities Ltd [2020] EWHC 1374 (TCC) (29 May 2020)
Source: www.bailii.org
