R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square

Posted June 8th, 2020 in Administrative Court, chambers articles, children, families, housing, local government, news, statutory interpretation by sally

‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’

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4-5 Gray's Inn Square, 29th May 2020

Source: www.4-5.co.uk

Belly Mujinga: CPS to review Covid-19 death of station worker – BBC News

Posted June 8th, 2020 in assault, bereavement, coronavirus, Crown Prosecution Service, families, news by sally

‘The Crown Prosecution Service (CPS) has been asked to review evidence into the death of a railway worker who was reportedly spat at by a man claiming to have coronavirus.’

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BBC News, 5th June 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 8th, 2020 in law reports, Uncategorized by sally

Court of Appeal (Civil Division)

Coughlan, R (on the application of) v The Minister for the Cabinet Office & Anor [2020] EWCA Civ 723 (05 June 2020)

Sofer v Swissindependent Trustees SA [2020] EWCA Civ 699 (05 June 2020)

Mahmood, R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Ors [2020] EWCA Civ 717 (05 June 2020)

High Court (Administrative Court)

KN v Sokolov District Court, Czech Republic [2020] EWHC 1462 (Admin) (05 June 2020)

Wozniak v District Court In Gniezno, Poland [2020] EWHC 1459 (Admin) (05 June 2020)

Granger-Taylor, R (on the application of) v High Speed Two (HS2) Ltd & Anor [2020] EWHC 1442 (Admin) (05 June 2020)

Ali Raja & Anor, R (on the application of) v London Borough of Redbridge [2020] EWHC 1456 (Admin) (05 June 2020)

Bamber, R (on the application of) v Crown Prosecution Service [2020] EWHC 1391 (Admin) (05 June 2020)

High Court (Chancery Division)

Discovery (Northampton) Ltd & Ors v Debenhams Retail Ltd & Ors [2020] EWHC 1430 (Ch) (05 June 2020)

Monsolar IQ Ltd v Woden Park Ltd [2020] EWHC 1407 (Ch) (05 June 2020)

High Court (Commercial Court)

Scipion Active Trading Fund v Vallis Group Ltd (Formerly Vallis Commodities Ltd) [2020] EWHC 1451 (Comm) (05 June 2020)

High Court (Queen’s Bench Division)

Rihan v Ernst & Young Global Ltd & Ors [2020] EWHC 1380 (QB) (05 June 2020)

High Court (Technology and Construction Court)

MW High Tech Projects UK Ltd v Balfour Beatty Kilpatrick Ltd [2020] EWHC 1413 (TCC) (05 June 2020)

TRW Pensions Trust Ltd & Anor v Indesit Company Polska SP Z.O.O & Anor [2020] EWHC 1414 (TCC) (5 June 2020)

Source: www.bailii.org

Jeremy Bamber refused access to documents on Essex family murders – The Guardian

Posted June 8th, 2020 in Criminal Cases Review Commission, disclosure, documents, evidence, families, forensic science, murder, news by sally

‘Jeremy Bamber, who is serving a whole life sentence for one of Britain’s most notorious multiple murders, has been refused access to documents that he believes could help clear his name.’

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The Guardian, 5th June 2020

Source: www.theguardian.com

Employment status: Revenue v Customs Commissioners v Professional Game Match Officials Ltd [2020] 5 WLUK 118 – 3PB

Posted June 8th, 2020 in appeals, chambers articles, contract of employment, employment, news, sport, tribunals by sally

‘Professional Game Match Officials Limited (“PGMOL”) is a company whose 3 members are The Football Association Ltd (“the FA”), The Football Association Premier League Ltd (“the Premier League”) and the Football League Ltd (“the Football League”), now referred to as the English Football League (“the EFL”).’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian

Posted June 8th, 2020 in airlines, coronavirus, employment, government departments, health, health & safety, news, pre-action conduct, redundancy by sally

‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’

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The Guardian, 7th June 2020

Source: www.theguardian.com

Resumption of jury trials: an open justice “toolkit” – Doughty Street Chambers

Posted June 8th, 2020 in chambers articles, codes of practice, coronavirus, courts, health, health & safety, juries, live link evidence, media, news, trials by sally

‘For seven weeks Covid-19 shut the doors of jury trials in England and Wales. On 11th May 2020, the Lord Chief Justice and Lord Chancellor announced the resumption of new jury trials in “certain courtrooms under certain conditions” from 18th May 2020. In the interim, two guinea pig trials resumed at the Old Bailey.’

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Doughty Street Chambers, 18th May 2020

Source: insights.doughtystreet.co.uk

To complete or not to complete? Notices to Complete and Specific Performance – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, enforcement, news, sale of land by sally

‘Once the parties to a contract for the sale and purchase of land (or for the grant and acceptance of a lease) become contractually bound, then, other things being equal, neither of them should be able to back out – at least, not without some default of the other party to exploit. Of course, some such contracts are conditional, and the parties do not necessarily become unconditionally bound until some later date, if at all. But when the parties do become unconditionally bound, one or the other of them may ask the question: how can I force the reluctant party to complete? Or, looking at the problem from the other end: when do I have to complete? Can I be forced to complete?’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers

Posted June 5th, 2020 in chambers articles, coronavirus, duty of care, employment, families, health, health & safety, news by sally

‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’

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Ropewalk Chambers, 15th May 2020

Source: www.ropewalk.co.uk

Sale and Development Agreements: Obligations to Use Endeavours – Falcon Chambers

Posted June 5th, 2020 in chambers articles, contracts, coronavirus, news, sale of land by sally

‘At the time of writing, the UK remains subject to stringent and extensive measures which have been enacted by Parliament in response to the Covid19 pandemic. Although there has been some relaxation since the “lockdown” was first introduced in mid-March 2020, large parts of the economy remain on hold. This has had and will continue, for some time, to have an effect on the ability and desire of parties to contracts for the sale and/or development of land to perform their obligations. It will also affect the extent to which transactions of this sort continue to be entered into and the terms of sale and development agreements may well need to adapt to the changing landscape.’

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Falcon Chambers, May 2020

Source: www.falcon-chambers.com

The end of remote voting in Parliament: a backwards move? – Cloisters

Posted June 5th, 2020 in chambers articles, coronavirus, equality, health, health & safety, human rights, news, parliament by sally

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

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Cloisters, 2nd June 2020

Source: www.cloisters.com

Training and risk assessments: a reminder from the High Court and returning to work in the Covid-19 crisis – 12 King’s Bench Walk

Posted June 5th, 2020 in accidents, chambers articles, coronavirus, duty of care, employment, health, health & safety, news, personal injuries by sally

‘Sir Robert Francis QC (sitting as a deputy high court judge) recently handed down his judgment in Harris v Bartrums Haulage and Storage Ltd and another [2020] EWHC 900 (QB). It serves as a useful reminder of what employers must do to discharge their duty of care in terms of training and risk assessments. The key is being able to show that they are more than a “mere formality” [110]. On the facts of Harris, Sir Robert found that the First Defendant had acted negligently but dismissed the claim on causation. However, his critique of the First Defendant’s training and risk assessment process is relevant to all employers.’

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12 King's Bench Walk, 26th May 2020

Source: www.12kbw.co.uk

Using documents for a collateral purpose and in separate proceedings – how likely are the courts to approve your application? – St Ives Chambers

Posted June 5th, 2020 in chambers articles, civil procedure rules, disclosure, documents, news by sally

‘There will certainly be occasions where the use of documents disclosed in separate proceedings are useful to your case and it is desirable either to disclose these in the present case or to obtain advice on collateral claims, but which applications are practically viable?’

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St Ives Chambers, May 2020

Source: www.stiveschambers.co.uk

Wrongful dismissal – how not to go wrong: Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA – 3PB

Posted June 5th, 2020 in appeals, chambers articles, employment, employment tribunals, health & safety, negligence, news, unfair dismissal by sally

‘In Cameron v East Coast Main Line Company Limited UKEAT/0212/19/BA,1 the EAT dealt with the question of whether length of service is a relevant consideration when asking whether a dismissal is wrongful.’

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3PB, 2nd June 2020

Source: www.3pb.co.uk

Your Appeal Fails: London Borough of Hackney v Okoro [2020] EWCA Civ 681 – Falcon Chambers

Posted June 5th, 2020 in appeals, case management, chambers articles, civil procedure rules, housing, local government, news, practice directions, repossession by sally

‘Is an appeal from a possession order (or other order) made in a possession claim commenced under Part 55 of the CPR caught by the stay on “all proceedings brought under CPR Part 55” imposed by paragraph 2 of Practice Direction 51Z (as amended on 20 April 2020)?’

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Falcon Chambers, 28th May 2020

Source: www.falcon-chambers.com

Court of Appeal deals blow to libel tourists – Law Society’s Gazette

Posted June 5th, 2020 in appeals, defamation, foreign jurisdictions, jurisdiction, news, statutory interpretation by sally

‘England and Wales’ courts may be less open to international libel litigation following a Court of Appeal ruling which interprets legislation against ’libel tourism’. In Craig Wright v Roger Ver, the court upheld a decision by the High Court that England and Wales was not the appropriate place to hear a defamation action against claims published on social media by a US-born citizen of St Kitts & Nevis now resident in Japan.’

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Law Society's Gazette, 2nd June 2020

Source: www.lawgazette.co.uk

Case Comment: Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21 – UKSC Blog

Posted June 5th, 2020 in appeals, news, rates, Supreme Court, valuation by sally

‘In this case comment, Marcus Barclay, Will Charnock and Siani McNamara, who work in the real estate disputes team at CMS, comment on the decision handed down by the UK Supreme Court on 20 May 2020 in the matter of Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21, which concerns business rates liability for ATMs in retail stores.’

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UKSC Blog, 5th June 2020

Source: ukscblog.com

HS2: Resident loses high court challenge after complaining it could cause homes to collapse – Daily Telegraph

Posted June 5th, 2020 in health & safety, housing, judicial review, news, planning, railways by sally

‘The HS2 tunnels can go ahead, the high court has ruled, after a resident complained the tunnels could cause homes to collapse.’

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Daily Telegraph, 5th June 2020

Source: www.telegraph.co.uk

Anti-racism Protests: What Are Your Rights Amid The Pandemic? – Each Other

Posted June 5th, 2020 in coronavirus, demonstrations, health, health & safety, human rights, news, race discrimination, racism by sally

‘Anti-racism protests are taking place across the UK to demand justice following the death of George Floyd, the unarmed black man killed in US police custody.’

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Each Other, 5th June 2020

Source: eachother.org.uk

Government facing legal action over policies on care homes during COVID-19 crisis – Local Government Lawyer

Posted June 5th, 2020 in bereavement, coronavirus, government departments, health & safety, news by sally

‘A daughter whose father died of suspected COVID-19 in a care home is to launch a legal action “to hold the government to account”.’

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Local Government Lawyer, 4th June 2020

Source: www.localgovernmentlawyer.co.uk