MPs and peers call for legal requirement to delete UK contact-tracing data – The Guardian

Posted May 21st, 2020 in bills, coronavirus, data protection, internet, news, select committees by sally

‘The government must legally swear to delete all the data it captures using the NHS Covid-19 contact-tracing app, a committee of MPs and peers has urged.’

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The Guardian, 15th May 2020

Source: www.theguardian.com

Rotherham child sex abuse inquiry ‘to continue for years’ – BBC News

Posted May 21st, 2020 in child abuse, inquiries, news, sexual offences, victims by sally

‘A major inquiry into historic child sex abuse in Rotherham is set to continue for up to seven years with around 600 victims still to be spoken to.’

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BBC News, 20th May 2020

Source: www.bbc.co.uk

Police watchdog to announce decision on Johnson-Arcuri inquiry – The Guardian

‘Boris Johnson will find out on Thursday if he faces a criminal investigation into his relationship with an American businesswoman while he was mayor of London.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 21st, 2020 in law reports by sally

Supreme Court

Dill v Secretary of State for Housing, Communities and Local Government and another [2020] UKSC 20 (20 May 2020)

Fowler v Revenue and Customs [2020] UKSC 22 (20 May 2020)

Cardtronics UK Ltd and others v Sykes and others (Valuation Officers) [2020] UKSC 21 (20 May 2020)

Court of Appeal (Civil Division)

Badmus & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWCA Civ 657 (20 May 2020)

Court of Appeal (Criminal Division)

Westwood, R v [2020] EWCA Crim 598 (06 May 2020)

High Court (Administrative Court)

HCP (Hendon) Ltd, R (on the application of) v Chief Land Registrar (sued as HM Land Registry) & Anor [2020] EWHC 1278 (Admin) (20 May 2020)

Flores, R (on the application of) v London Borough of Southwark [2020] EWHC 1279 (Admin) (20 May 2020)

High Court (Chancery Division)

Organic Milk Suppliers Co-Operative Ltd, Re [2020] EWHC 1270 (Ch) (20 May 2020)

CPOD SA v De Holanda Jr & Ors [2020] EWHC 1247 (Ch) (20 May 2020)

Merck KGaA v Merck Sharp & Dohme Corp & Ors [2020] EWHC 1273 (Ch) (20 May 2020)

High Court (Commercial Court)

The Serious Fraud Office & Anor v Litigation Capital Ltd [2020] EWHC 1280 (Comm) (20 May 2020)

High Court (Family Division)

PA Media Group v London Borough of Haringey & Ors [2020] EWHC 1282 (Fam) (20 May 2020)

High Court (Queen’s Bench Division)

BrewDog Plc & Anor v Frank Public Relations Ltd [2020] EWHC 1276 (QB) (20 May 2020)

Source: www.bailii.org

Planning and Re-starting the Housing Market – 4-5 Gray’s Inn Square

Posted May 21st, 2020 in construction industry, coronavirus, housing, news, planning by sally

‘Late on 12 May 2020, the Housing Secretary published a plan to re-start the housing market: https://www.gov.uk/government/news/housing-secretary-sets-out-plan-to-restart-housing-market. The measures are intended to support the economy and make progress in an industry where much been paused during the lockdown.’

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4-5 Gray's Inn Square, 13th May 2020

Source: www.4-5.co.uk

Freedom of contract: Does it still exist? – Littleton Chambers

Posted May 21st, 2020 in chambers articles, contracts, coronavirus, enforcement, news by sally

‘A provocative title, to be sure.

But on 7 May 2020, HM Government published through the Cabinet Office a document entitled “Guidance on responsible contractual behaviour in the performance and enforcement of contracts impacted by the Covid-19 emergency” (the “Note”).’

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Littleton Chambers, 11th May 2020

Source: littletonchambers.com

Lawyers deny British army to blame for veterans’ illegal immigrant status – The Guardian

‘Government lawyers have rejected a claim brought by eight Commonwealth army veterans, dismissing their allegations that, on discharge, officials failed to assist them with complex, unaffordable immigration rules, leaving them classified as illegal immigrants.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Guildford pub bombings inquest can access closed files – BBC News

Posted May 21st, 2020 in disclosure, documents, explosives, inquests, news, terrorism, witnesses by sally

‘The resumed inquest into the Guildford pub bombs in 1974 will have access to more than 700 classified files, a pre-inquest review (PIR) has been told.’

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BBC News, 20th May 2020

Source: www.bbc.co.uk

Matalan founder suing PwC for ‘ineffective tax avoidance advice’ – The Guardian

Posted May 21st, 2020 in accountants, capital gains tax, income tax, negligence, news, tax avoidance by sally

‘The multimillionaire founder of Matalan is suing his accountants for allegedly giving him ineffective tax avoidance advice – weeks after his retail empire received tens of millions of pounds of taxpayer support during the Covid-19 pandemic.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

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Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 20th, 2020 in legislation by sally

The Human Tissue (Permitted Material: Exceptions) (England) Regulations 2020

The Organ Donation (Deemed Consent) Act 2019 (Commencement No. 3) Regulations 2020

The Sea Fishing (Enforcement) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Civil Justice Council Rapid Consultation: The impact of COVID-19 measures on the civil justice system – Transparency Project

Posted May 20th, 2020 in civil justice, consultations, coronavirus, courts, news, remote hearings by sally

‘Following the rapid consultation on the use of remote hearings in the family justice system, undertaken by the Nuffield Family Justice Observatory at the request of the President of the Family Division, the Civil Justice Council have now embarked on a similar consultation in relation to the civil courts.’

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Transparency Project, 19th May 2020

Source: www.transparencyproject.org.uk

BAILII: Recent Decisions

Posted May 20th, 2020 in law reports by sally

High Court (Administrative Court)

Zapalsksis v Prosecutor General’s Office (Republic of Lithuania) [2020] EWHC 1267 (Admin) (19 May 2020)

High Court (Chancery Division)

Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWHC 1263 (Ch) (19 May 2020)

Stubbins Marketing Ltd v Stubbins Food Partnerships Ltd & Ors [2020] EWHC 1266 (Ch) (19 May 2020)

High Court (Commercial Court)

Nitron Group BV v Nitron Group BV & Ors [2020] EWHC 1244 (Comm) (19 May 2020)

GFH Capital Ltd v Haigh & Ors [2020] EWHC 1269 (Comm) (19 May 2020)

High Court (Queen’s Bench Division)

Riley & Anor v Heybroek [2020] EWHC 1259 (QB) (19 May 2020)

Bannister (Estate of) v Freemans Public Ltd Company [2020] EWHC 1256 (QB) (19 May 2020)

Wells v Full Moon Events Ltd (t/a Dave Thorpe Honda Off-Road Centre) & Anor [2020] EWHC 1265 (QB) (19 May 2020)

Zenith Insurance Plc v LPS Solicitors Ltd [2020] EWHC 1260 (QB) (19 May 2020)

Source: www.bailii.org

“Project Restart” or a false start: can professional sports clubs compel their players to return to the pitch and waive health and safety liability? – Littleton Chambers

Posted May 20th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news, sport by sally

‘As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.’

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Littleton Chambers, 14th May 2020

Source: littletonchambers.com

Anxiety among aspiring solicitors has “skyrocketed” – Legal Futures

Posted May 20th, 2020 in charities, coronavirus, mental health, news, paralegals, solicitors, statistics by sally

‘Anxiety among aspiring solicitors has “skyrocketed” as a result of the Covid-19 crisis, a survey has found, with 75% of trainees and paralegals expecting it to lead to “significant job losses at my level of seniority”.’

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Legal Futures, 20th May 2020

Source: www.legalfutures.co.uk

Anthony Grainger shooting: Body cameras to be worn by all armed officers – BBC News

Posted May 20th, 2020 in firearms, inquiries, news, police, professional conduct, video recordings by sally

‘Body cameras must now be worn by all specialist firearms officers after a man was shot dead by police.’

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BBC News, 19th May 2020

Source: www.bbc.co.uk

Max and Keira’s Law: Mum ‘blown away’ by organ transplant legacy – BBC News

Posted May 20th, 2020 in bills, consent, news, organ transplants by sally

‘The mother of a girl who helped inspire a new law making all adults in England potential organ donors has said she is “blown away” by her daughter’s legacy.’

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BBC News, 20th May 2020

Source: www.bbc.co.uk

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

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Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

Female barristers warn of “disproportionate attrition” during Covid-19 – Legal Futures

‘Female barristers have urged the courts and chambers to take action to avoid the coronavirus crisis leading to “further and disproportionate attrition of women from the Bar”.’

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Legal Futures, 20th May 2020

Source: www.legalfutures.co.uk

Ayshea Megyery summarises recent cases and research in respect of the impact of COVID-19 in the family courts – Park Square Barristers

‘Whether a case proceeds by remote hearing must be decided on the sometimes competing factors of the individual case. However, pushing forward to achieve remote hearings must not be at the expense of a fair and just process. The decision of the President distils a number of key principles to be borne in mind. Just because a matter can be heard remotely does not mean it must be. In this case the delay in proceedings was outweighed by the fact that the hearing could not be properly or fairly conducted without the physical presence of the mother before the judge in the courtroom. As a result of that decision, the President re-listed the matter until such time that the restrictions relating to Covid-19 are lifted.’

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Park Square Barristers, 14th May 2020

Source: www.parksquarebarristers.co.uk