Court issues guidance on e-bundles for short applications – Litigation Futures
‘Counsel presenting short applications should be “retained in sufficient time” to enable them to advise on the contents of the electronic bundle, the High Court has recommended.’
Litigation Futures, 12th May 2020
Source: www.litigationfutures.com
Oligarch’s wife brings son into high-stakes divorce case – The Guardian
‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’
The Guardian, 10th May 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Viasat UK Ltd & Anor v The Office of Communications & Anor [2020] EWCA Civ 624 (11 May 2020)
High Court (Administrative Court)
Cosar v HMP Wandsworth & Ors [2020] EWHC 1142 (Admin) (11 May 2020)
High Court (Chancery Division)
European Film Bonds AS & Ors v Lotus Holdings LLC & Ors [2020] EWHC 1115 (Ch) (11 May 2020)
Brake & Ors v Swift & Anor [2020] EWHC 1156 (Ch) (11 May 2020)
Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) (11 May 2020)
High Court (Family Division)
A Local Authority v The Mother & Ors [2020] EWHC 1162 (Fam) (11 May 2020)
High Court (Technology and Construction Court)
City East Recruitment Ltd v British Gas Social Housing Ltd [2020] EWHC 1159 (TCC) (11 May 2020)
Source: www.bailii.org
Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk
‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’
12 King's Bench Walk, 1st May 2020
Source: www.12kbw.co.uk
Old Bailey jury trials to resume this week – Law Society’s Gazette
‘Two jury trials will resume at the Old Bailey this week as first steps toward Crown court cases restarting around the country. However, the criminal bar warned that a resumption of normal service “remains many weeks off”.’
Law Society's Gazette, 10th May 2020
Source: www.lawgazette.co.uk
UK contact-tracing app could fall foul of privacy law, government told – The Guardian
‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’
The Guardian, 7th May 2020
Source: www.theguardian.com
Good faith: Is English law swimming against the international tide? – The 36 Group
‘The general obligation of good faith in the performance of contractual obligations is widely recognised and accepted overseas both in civil law jurisdictions and also now in most common law jurisdictions.’
The 36 Group, 1st May 2020
Source: 36group.co.uk
Have you just unreasonably refused to mediate? – 33 Bedford Row
‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’
33 Bedford Row, 30th April 2020
Source: www.33bedfordrow.co.uk
No vicarious liability for a ‘personal vendetta’: WM Morrisons Supermarkets plc (Appellant) v Various Claimants (Respondents) – [2020] UKSC 12 – 3PB
‘Morrisons, the Appellant by the time this case reached the Supreme Court, are, of course, a well-known national chain of supermarkets. The Respondents in this case were approximately 9,000 employees or former employees of Morrisons.’
3PB, May 2020
Source: www.3pb.co.uk
Stay? Maybe Stayed? No Stay? – 4-5 Gray’s Inn Square
‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’
4-5 Gray's Inn Square, 29th April 2020
Source: www.4-5.co.uk
Home Office’s denial of benefits to migrant families unlawful, court rules – The Guardian
‘Lawyers for an eight-year-old British boy have won a ruling that a Home Office policy denying families like his access to the welfare safety net is unlawful.’
The Guardian, 7th May 2020
Source: www.theguardian.com
Plans for early prisoner release shelved by government – BBC News
‘Proposals to release some offenders from prison earlier than planned have been shelved by the government.’
BBC News, 10th May 2020
Source: www.bbc.co.uk
Child Protocol in Criminal Cases – Garden Court Chambers
‘The impact of COVID-19 and the guidance from Government to take all precautions to avoid unnecessary contact, has seen understandable and unprecedented changes to the justice system. The Lord Chief Justice has announced that, where possible, criminal hearings should take place remotely and no new jury trials can begin, causing all future trials to be postponed.’
Garden Court Chambers, 5th May 2020
Source: www.gardencourtchambers.co.uk
Surge in stalking victims seeking help during UK lockdown – The Guardian
‘Stalking support services and police forces have recorded a surge in perpetrators turning to online tactics to harass their victims during the coronavirus lockdown.’
The Guardian, 8th May 2020
Source: www.theguardian.com
Coronavirus: Young offenders out of cells for 40 minutes a day – BBC News
‘Children at a young offenders institution have been let out of their cells for only 40 minutes a day due to coronavirus, a report has revealed.’
BBC News, 7th May 2020
Source: www.bbc.co.uk
Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers
‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’
Garden Court Chambers, 1st May 2020
Source: www.gardencourtchambers.co.uk
Interactive remote ADR: the flexible route around the ongoing court logjam – Hardwicke Chambers
‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’
Hardwicke Chambers, 29th April 2020
Source: hardwicke.co.uk
