BAILII: Recent Decisions
Court of Appeal (Civil Division)
Wright v Ver [2020] EWCA Civ 672 (29 May 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Dearing v Skelton & Ors [2020] EWHC 1370 (Ch) (29 May 2020)
De Sena & Anor v Notaro & Ors [2020] EWHC 1379 (Ch) (29 May 2020)
Lehman Brothers Europe Ltd v Re Insolvency Act [2020] EWHC 1369 (Ch) (29 May 2020)
C Wzrd Ltd & Anor v Kortan & Anor [2020] EWHC 1360 (Ch) (29 May 2020)
MV Promotions Ltd & Anor v Telegraph Media Group Ltd & Anor [2020] EWHC 1357 (Ch) (29 May 2020)
High Court (Queen’s Bench Division)
Magee v Willmott [2020] EWHC 1378 (QB) (29 May 2020)
Dayah & Anor v The Partners of Bushloe Street Surgery & Anor v [2020] EWHC 1375 (QB) (29 May 2020)
High Court (Technology and Construction Court)
Castle Water Ltd v Thames Water Utilities Ltd [2020] EWHC 1374 (TCC) (29 May 2020)
Source: www.bailii.org
Time Limits for Tender Challenges: test for extending time to bring a public procurement challenge – Henderson Chambers
‘In Riverside Truck Rental Ltd-v-Lancashire County Council [2020] EWHC 1018 (TCC) the High Court confirmed the strict application of the rules governing the time limits for bringing a claim for breach of the EU Public Procurement regime, whether it be in the High Court (TCC) by way of a claim under the regulation 91 of the Public Contracts Regulations 2015, or in the Administrative Court by way of a claim for judicial review.’
Henderson Chambers, 14th May 2020
Prison release schemes almost impossible to deliver, says watchdog – The Guardian
‘Prisoners in England and Wales have been left confused by high-profile government announcements that led them to believe thousands of inmates would be temporarily released to mitigate the spread of the coronavirus behind bars, a prison deaths watchdog has said.’
The Guardian, 31st May 2020
Source: www.theguardian.com
Coronavirus: Death of Belly Mujinga ‘not linked to spit attack’ – BBC News
‘The death of a railway worker who was spat at by a man claiming to have coronavirus was not linked to the attack, police have concluded.’
BBC News, 29th May 2020
Source: www.bbc.co.uk
Coronavirus: Trial backlog ‘adding to risk of mob justice’ – BBC News
‘ “Mob justice” could increase in England and Walesunless more money is made available to clear the backlog of court cases swollen by coronavirus, the government has been warned.’
BBC News, 29th May 2020
Source: www.bbc.co.uk
The power to make a Public Path Diversion Order – No. 5 Chambers
‘The recent decision of the High Court (Lieven J.) in The Open Spaces Society v Secretary of State for Environment, Food and Rural Affairs [2020] EWHC 1085 (Admin) “the OSS case”) considered the relevant considerations to be taken into account by a council when determining whether to exercise the power to make a Public Path Diversion Order (PPO) pursuant to section 119 of the Highways Act 1980 (as amended). The decision raises points for councils, vendors, purchasers and owners of adjacent land.’
No. 5 Chambers, 19th May 2020
Source: www.no5.com
A dog’s breakfast; defective trust instruments rescued – Bowack v Saxton [2020] EWHC 1049 (Ch) – New Square Chambers
‘In 2013 the Claimants paid £750,000 to establish two discretionary trusts containing AXA offshore bonds in the Isle of Man. In a meeting with a financial planner from Hargreaves Lansdown, they both executed standard form declarations of trust intended to appoint themselves and their daughter as trustees, and their daughter as principal beneficiary.’
New Square Chambers, 26th May 2020
Source: www.newsquarechambers.co.uk
Privacy group prepares legal challenge to NHS test-and-trace scheme – The Guardian
‘Privacy campaigners are preparing a legal challenge to the NHS’s coronavirus test-and-trace programme as concerns grow about the amount of contact data that will be collected and retained by government.’
The Guardian, 31st May 2020
Source: www.theguardian.com
Residential property – the complications of renting to a healthcare company to enable care of an individual – Hardwicke Chambers
‘A healthcare company intends to rent a residential property for permitted officers or employees to occupy, on a weekly rota basis. However, an individual who is neither an officer nor an employee of the company (but is a person who will be cared for by the officers or employees) will live at the property, together with the officers or employees who are “on duty”. What will be the status of the individual occupier and the employees or officers if the (non-AST) tenancy agreement is terminated?’
Hardwicke Chambers, 29th May 2020
Source: hardwicke.co.uk
Travel and Holiday Claims amid a Global Lockdown – Henderson Chambers
‘The world-wide lockdown in response to the Covid-19 pandemic will have an unprecedented financial impact, not only on businesses in all areas of the economy but also on consumers. Public gatherings are banned or strictly limited and events have been cancelled or postponed. Future travel plans remain uncertain, with the borders of many other countries remaining closed to travellers from the UK and strict 14-day quarantine measures set to be imposed on those entering the UK from the end of May. Many companies are refusing or delaying offering refunds to affected consumers, who may have to resort to litigation to protect their rights. This alerter provides a broad overview of several affected areas, including package holidays, travel, holiday accommodation and events.’
Henderson Chambers, 19th May 2020
Source: www.hendersonchambers.co.uk
“But I’ll Lose My Job!” New Guidelines to Provide Clarity on What Amounts to ‘Exceptional Hardship’ in Totting Up Disqualification Cases – KCH Garden Sq
‘From 22nd January 2020 through to 15th April 2020, the Sentencing Council ran a public consultation on the proposed changes to sentencing guidelines for driving offences disqualifications, breach of community orders and clarifications to some explanatory materials.’
KCH Garden Sq, 11th May 2020
Source: kchgardensquare.co.uk
School fees in times of Covid: Tips for schools and parents – Monckton Chambers
‘The lockdown has posed inordinate challenges for education – with schools and universities adjusting to remote learning on extremely short notice. For private schools and universities, there have been tough choices between furloughing staff, deciding which lessons and courses to continue and justifying the level of fees, when many parents are in financial difficulty themselves. Boarding schools and universities have additional problems as they have a high level of sunk costs in infrastructure for overseas students that, at present, are not allowed to travel.’
Monckton Chambers, 19th May 2020
Source: www.monckton.com
Causing the death of another and the Forfeiture Rule: Amos v Mancini [2020] EWHC 1063 (Ch) – New Square Chambers
‘In January 2019 Mrs Amos, aged 74, was driving with her husband near their home in Llandeilo, when they collided with the car in front. Her husband later died from his injuries and Mrs Amos pleaded guilty to causing death by dangerous driving and was given a suspended prison sentence and disqualified from driving. The question arose whether she was prevented from benefitting under her husband’s will, or from receiving by survivorship his share of their home, which was owned as beneficial joint tenants.’
New Square Chambers, 12th May 2020
Source: www.newsquarechambers.co.uk
How will the ‘Covid-Economy’ affect personal injury litigation? – No. 5 Chambers
‘Personal injury and clinical negligence practices, as with much of life, are undergoing sudden and profound changes during this Covid-19 pandemic and the current ‘lockdown’. There are obvious effects, such as the adjournment of trials ‘en masse’ and the embracing of digital platforms. Implementation of the governments’ whiplash reforms has been put back until April 2021 and the much-awaited appeal in Swift v Carpenter was delayed once again. But the economic consequences of the pandemic will also influence PI and CN litigation, in some subtle but important ways.’
No. 5 Chambers, 26th May 2020
Source: www.no5.com
Knowing the risks – foreseeability of stress related illness in the time of Covid 19 – Old Square Chambers
‘Employers and workers are facing unprecedented challenges in responding to the current pandemic and the measures put in place by the UK governments to tackle it. One area of increasing concern is the impact of the crisis on mental health and wellbeing.’
Old Square Chambers, 26th May 2020
Source: www.oldsquare.co.uk
Can the Covid 19 stay of possession proceedings be lifted? – Arkin v Marshall [2020] EWCA Civ 620 – Park Square Barristers
‘The Court of Appeal have released the judgment in the case of Arkin v Marshall which raised the issue as to whether or not the Covid 19 stay could be lifted.’
Park Square Barristers, 13th May 2020
Source: www.parksquarebarristers.co.uk
Reasonable expectation of privacy for those under police investigation – Park Square Barristers
‘This article notes the recent Court of Appeal decision in ZXC v Bloomberg LP [2020] EWCA Civ 611 and the Court’s finding that the starting point is that suspects under investigation, pre-charge, have a reasonable expectation of privacy.’
Park Square Barristers, 26th May 2020
Source: www.parksquarebarristers.co.uk
Covid 19 Employment Law Series: Coronavirus Job Retention Scheme Direction: Where are we now? – Parklane Plowden Chambers
‘With its publication on Friday 22 May 2020, immediately before the bank holiday weekend, you can be forgiven for having missed HMRC’s revised Coronavirus Job Retention Scheme (“CJRS”) Direction, dated 20 May 2020 (“the Direction”). All claims for payment under the CJRS, made after 22 May 2020, must comply with the Direction. The Direction modifies the previous version dated 15 April 2020 and clarifies many, but not all, of the questions that arose therein.’
Parklane Plowden Chambers, 27th May 2020
Source: www.parklaneplowden.co.uk
