Gerry Adams wins appeal against Maze Prison escape convictions – BBC News
‘Gerry Adams has won his appeal to have two convictions for attempting to escape from prison in the 1970s overturned.’
BBC News, 13th May 2020
Source: www.bbc.co.uk
Simon Halliday, Jed Meers, and Joe Tomlinson: Public Attitudes on Compliance with COVID-19 Lockdown Restrictions – UK Constitutional Law Association
‘In March 2020, the government introduced a set of restrictions to ‘lockdown’ the UK in response to the COVID-19 pandemic (The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020; The Health Protection (Coronavirus Restrictions) (Wales) Regulations 2020; The Health Protection (Coronavirus, Restrictions) (England) (Amendment) Regulations 2020). These lockdown restrictions form the central plank of a wide range of government interventions, which to date include the 359-page Coronavirus Act 2020, 61 statutory instruments (emerging from 46 different parent acts), and an even greater amount of policy and guidance. The central purpose of the lockdown restrictions is to protect public health, by both containing the rate of infection and protecting NHS capacity to treat the influx of COVID-19 patients. There has been a lively legal debate about the restrictions—described as ‘almost certainly the most severe restrictions on liberty ever imposed.’ In addition to the legal debate, however, we also need a socio-legal analysis. An examination of how the public understand and experience the lockdown, and the significance of these perceptions for compliance, is essential to developing a clear picture of how the lockdown restrictions are working. Understanding the role of law in society, and not only in strict ‘legal’ terms, has rarely been so important.’
UK Constitutional Law Association, 8th May 2020
Source: ukconstitutionallaw.org
Costs and Exaggeration: Morrow v Shrewsbury RUFC LTD [2020] EWHC 999 (QB) – Park Square Barristers
‘In a case in which fundamental dishonesty or fraud has not been found but, there has been a significant level of exaggeration, will the court reduce an award of costs? The answer, of course, is considering CPR Part 44: yes… possibly.’
Park Square Barristers, 5th May 2020
Source: www.parksquarebarristers.co.uk
Courts should consider coronavirus emergency when sentencing, rules Court of Appeal – UK Human Rights Blog
‘On 30 April 2019, giving the lead judgment in the Court of Appeal, the Lord Chief Justice considered that the impact of a custodial sentence is likely to be heavier during the coronavirus pandemic than it would otherwise be, and that this was a factor that judges and magistrates can and should keep in mind when sentencing.’
UK Human Rights Blog, 12th May 2020
Source: ukhumanrightsblog.com
Judge explains himself in writing after phone hearing fails – Legal Futures
‘A High Court judge has been forced to issue a detailed judgment in writing because his voice was “breaking up” at the end of a telephone hearing with a litigant in person (LiP) and the law firm suing her for fees.’
Legal Futures, 13th May 2020
Source: www.legalfutures.co.uk
Court of Appeal rejects challenge over lawfulness of PD51Z staying possession proceedings: report – Local Government Lawyer
‘The Court of Appeal has upheld the lawfulness of Practice Direction 51Z, the Housing Law Practitioners Association (HLPA) has reported.’
Local Government Lawyer, 12th May 2020
Source: www.localgovernmentlawyer.co.uk
Employment Tribunals in the pandemic: The Presidential Guidance, the reality, and the future – 3PB
‘The Presidential Guidance issued in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic was effective from 18th March 2020.’
3PB, 4th May 2020
Source: www.3pb.co.uk
Benefit claimants unlawfully short-changed, court rules – The Guardian
‘The government acted unlawfully when it refused to compensate two low-income households left up to £180 a month out of pocket when their legacy benefits were wrongly stopped and they had no choice but to move on to universal credit, the appeal court has ruled.’
The Guardian, 12th May 2020
Source: www.theguardian.com
A haircut for broad trade mark specifications – Technology Law Update
‘The protection offered by a registered trade mark is defined by the particular goods and services for which it is registered. But how broad can a trade mark specification be? Too narrow and you risk having no control over the use of your brand in closely linked goods or services, and with little wriggle room for protection as you expand your offering. Too broad and you run the risk of having the trade mark registration challenged.’
Technology Law Update, 12th May 2020
Source: www.technology-law-blog.co.uk
Avoid frame-by-frame analysis of fast moving events and discussion of evidence in front of officers – UK Police Law Blog
‘In Goodenough v Chief Constable of Thames Valley Police [2020] EWHC 695 (QB), the High Court, Turner J, considered a claim for damages brought by Robin Goodenough’s mother and sister. The claims arose out of Mr Goodenough’s death on 27 September 2003 following a short car chase and traffic stop. The Claimants asserted that police officers had assaulted Mr Goodenough and that thereafter had been breaches of Article 2 of the Human Rights Act 1998. The case provides useful insights into the approach to be taken when conducting a judicial analysis of incidents such as this and may be relied upon by those arguing that an Art. 2 inquest is required in order to meet investigative short comings.’
UK Police Law Blog, 12th May 2020
Source: ukpolicelawblog.com
Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court
‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’
Six Pump Court, 11th May 2020
Source: www.6pumpcourt.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
SAS Institute Inc v World Programming Ltd [2020] EWCA Civ 599 (12 May 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWHC 1092 (Ch) (12 May 2020)
Dreams Ltd v Pavilion Property Trustees Ltd & Anor [2020] EWHC 1169 (Ch) (12 May 2020)
High Court (Commercial Court)
Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2020] EWHC 1164 (Comm) (12 May 2020)
High Court (Queen’s Bench Division)
Quality Solicitors Harris Waters v Okonkwo [2020] EWHC 1168 (QB) (12 May 2020)
Barclay & Anor v Barclay & Ors (No 2) [2020] EWHC 1180 (QB) (07 May 2020)
Source: www.bailii.org
Chagos islanders’ exile is ongoing breach of human rights, court told – The Guardian
‘Denying exiled Chagos islanders the right to return to their homes on the Indian Ocean archipelago is a continuing breach of their human rights and not just a historical injustice, the court of appeal has been told.’
The Guardian, 12th May 2020
Source: www.theguardian.com
“Repugnant to Ordinary Notions of Fairness”? The Crime of Leaving Your House – The 36 Group
‘On a sunny afternoon in April 2020, a couple sit on the grass in Finsbury Park, North London. A police officer approaches them. A month later, they plead Not Guilty at Highbury Corner Magistrates’ Court to an offence of Leaving/Being Outside Home Without Reasonable Excuse, contrary to Regulations 9(1) and 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (as amended). Two months later, they attend court again for trial.’
The 36 Group, 24th April 2020
Source: 36group.co.uk
Judge questions coronavirus case against ‘homeless’ London man – The Guardian
‘A judge has questioned the Crown Prosecution Service’s decision to charge a man who said he was homeless with allegedly breaching coronavirus regulations by leaving “the place where he was living”.’
The Guardian, 12th May 2020
Source: www.theguardian.com
Immigration Law Update May 2020 – 4 King’s Bench Walk
‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’
4 King's Bench Walk, 5th May 2020
Source: www.4kbw.co.uk
Disability discrimination when shielded during Covid-19 – 1MCB
‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’
1MCB, May 2020
Source: 1mcb.com
Not Arkin any more – Nearly Legal
‘This is the Court of Appeal judgment in the appellant’s challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z.’
Nearly Legal, 11th May 2020
Source: nearlylegal.co.uk
