Has coronavirus changed the UK justice system for ever? – The Guardian
‘The pandemic has led to big changes in trials, many of of which are likely to be permanent.’
The Guardian, 24th May 2020
Source: www.theguardian.com
Gassa & Anor, R (on the application of) v Richmond Independent Appeals Service & Anor [2020] EWHC 957 (Admin) (22 April 2020) – 3PB
‘This case concerned an application for judicial review of a decision by the London Borough of Richmond upon Thames (“the Council”) not to treat the Claimants’ rented address in East Sheen as their permanent home for the purposes of a school admissions application for their son. This was because the Claimants also owned a property in Barnes.’
3PB, 6th May 2020
Source: www.3pb.co.uk
New Judgment: Fowler v Commissioners for HMRC [2020] UKSC 22 – UKSC Blog
‘Mr Fowler is a qualified diver who is resident in the Republic of South Africa. During the 2011/12 and 2012/13 tax years he undertook diving engagements in the waters of the UK’s continental shelf. HMRC stated that he is liable to pay UK income tax for this period. Whether he is liable depends on the application of a Double Taxation Treaty between the UK and South Africa. Article 7 of the Treaty provides that self-employed persons are taxed only where they are resident (i.e. South Africa), whereas article 14 provides that employees may be taxed where they work (i.e. the UK). For the purposes of this appeal, the parties have assumed that Mr Fowler was an employee. Mr Fowler claims he is nevertheless not liable to pay tax in the UK. His case centres on a “deeming provision” in section 15 of the UK’s Income Tax (Trading and Other Income) Act 2005 (“ITTOIA”). This provides that an employed seabed diver is “treated” as self-employed for the purposes of UK income tax.’
UKSC Blog, 26th May 2020
Source: ukscblog.com
Brian Christopher Jones: A single written UK constitution may only make things worse – UK Constitutional Law Association
‘Arguments for and against a single written (or “codified”) UK constitution often revolve around flexibility versus rigidity or transparency versus opacity. Recently, another common objection is that it would just be inconvenient, or impossible given the current levels of polarisation. These objections are reasonable and legitimate, but they are hardly the full extent of the story. In fact, much room exists for a more principled stance: that implementing a single written constitution may just be unwise, and ultimately lead to a number of democracy-hindering downsides.’
UK Constitutional Law Association, 25th May 2020
Source: ukconstitutionallaw.org
Ricky Tomlinson’s criminal convictions to be re-examined – The Guardian
‘The criminal convictions of actor Ricky Tomlinson, who starred in the TV comedy the Royle Family, are to be re-examined by appeal court judges after an official body suggested he may have been unjustly jailed.’
The Guardian, 26th May 2020
Source: www.theguardian.com
Eureka moment? Law firms report rush to patent ideas amid UK lockdown – The Guardian
‘Intellectual property lawyers report increased demand for services during Covid-19 crisis.’
The Guardian, 24th May 2020
Source: www.theguardian.com
Insurance Broker Claims – Breach of Duty – Hailsham Chambers
‘The insurance world is currently on high alert due to the circumstances around Covid-19 leading to widespread notifications on Business Interruption (BI) policies, among others. This note, prepared by William Flenley QC and Alicia Tew, considers issues relating to breach of duty by insurance brokers which arise out of business interruption policies. A further note will consider causation and loss in insurance broker claims.’
Hailsham Chambers, May 2020
Source: www.hailshamchambers.com
Losing in CAT “not enough” for costs order against regulator – Litigation Futures
‘The starting point in the Competition Appeal Tribunal (CAT) is that no order for costs should be made against an unsuccessful regulator acting purely in its regulatory capacity, the Court of Appeal has ruled.’
Litigation Futures, 26th May 2020
Source: www.litigationfutures.com
The Court of Appeal provides confirmation on the implications of the use of the Government’s coronavirus job retention scheme by companies in administration: Re Debenhams Retail Limited [2020] EWCA Civ 600 – Radcliffe Chambers
‘In a judgment handed down on 6th May 2020 in Re Debenhams Retail Ltd (in administration) [2020] EWCA Civ 600, the Court of Appeal provided confirmation on the implications for office holders and insolvent estates of using the Government’s Coronavirus Job Retention Scheme in administrations, following the previous first instance decisions on the issue in Re Carluccio’s Ltd [2020] EWHC 886 (Ch) and Re Debenhams Retail Ltd [2020] EWHC 921 (Ch). Matthew Weaver considers the judgment and its implications in this briefing.’
Radcliffe Chambers, 13th May 2020
Source: radcliffechambers.com
CQC under fire from care home body for failing to report true death toll to ministers – The Guardian
‘The Care Quality Commission (CQC) has been accused of failing to alert ministers to the mounting death toll caused by the coronavirus crisis, despite having access to daily information about deaths.’
The Guardian, 24th May 2020
Source: www.theguardian.com
EP 113: Tracking Coronavirus Symptoms: an erosion of privacy? – Professor Lilian Edwards – Law Pod UK
‘With the new contact tracing app due to be rolled out in the rest of the UK after the Isle of Wight trial in May, Rosalind English discusses privacy concerns with Professor Lilian Edwards of Newcastle University, whose Bill seeks to address some of these concerns.’
Law Pod UK, 26th May 2020
Source: audioboom.com
Watchdog launches probe into fake and misleading online product reviews – Daily Telegraph
‘A consumer watchdog has launched a probe into the sale of fake product reviews which it fears could mislead shoppers.’
Daily Telegraph, 22nd May 2020
Source: www.telegraph.co.uk
BAME people fined more than white population under coronavirus laws – The Guardian
‘Black, Asian and minority ethnic people in England are 54% more likely to be fined under coronavirus rules than white people, it can be revealed.’
The Guardian, 26th May 2020
Source: www.theguardian.com
Call for review of regulator costs in unsuccessful prosecutions – Legal Futures
‘The Law Commission should review whether regulators such as the Solicitors Regulation Authority (SRA) should be insulated from costs orders in disciplinary actions they lose, a Court of Appeal judge has suggested.’
Legal Futures, 26th May 2020
Source: www.legalfutures.co.uk
Attorney general faces calls to resign after she defends Dominic Cummings – The Guardian
‘The attorney general, Suella Braverman, is facing calls to resign after she joined the chorus of Downing Street loyalists defending Dominic Cummings’s trip to Durham during lockdown.’
The Guardian, 25th May 2020
Source: www.theguardian.com
Data watchdog relaxes regulatory function to prioritise guidance on complying with law during coronavirus public health emergency – Local Government Lawyer
‘The Information Commissioner’s Office (ICO) will stand down audit work, issue fewer fines and generally use fewer formal powers against organisations that are struggling to meet data protection standards as a result of the COVID-19 pandemic.’
Local Government Lawyer, 22nd May 2020
Source: www.localgovernmentlawyer.co.uk
The death of “forensic prestidigitation” in construing commercial contracts? Towergate Financial (Group) Ltd and others v Clark and others – Hardwicke Chambers
‘Judgment in Towergate Financial (Group) Ltd and others v Clark and others was handed down on 24 April 2020 in this interesting case that turned upon the correct construction of a notice clause in a share purchase agreement (SPA).’
Hardwicke Chambers, 13th May 2020
Source: hardwicke.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Census (England and Wales) Order 2020
The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2020
The Social Security Contributions (Disregarded Payments) (Coronavirus) Regulations 2020
The Income Tax (Exemption for Coronavirus Related Home Office Expenses) Regulations 2020
The Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020
The Tax Credits (Coronavirus, Miscellaneous Amendments) Regulations 2020
The Companies and Statutory Auditors etc. (Consequential Amendments) (EU Exit) Regulations 2020
Source: www.legislation.gov.uk
Woman who makes involuntary sounds fails in judicial review challenge over noise abatement notice – Local Government Lawyer
‘A 67-year-old retired primary school teacher who has a neurological disorder that causes her to make involuntary sounds and noises has failed in a judicial review challenge over a noise abatement notice.’
Local Government Lawyer, 26th May 2020
Source: www.localgovernmentlawyer.co.uk
