Recent Statutory Instruments – legislation.gov.uk

Posted April 28th, 2020 in legislation by sally

The State Pension Credit (Coronavirus) (Electronic Claims) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Principles to be considered in respect of Applications for Adjournment or for Extension of Time during the COVID-19 Pandemic – Henderson Chambers

Posted April 28th, 2020 in adjournment, coronavirus, news, time limits by sally

‘In Municipo de Mariana & Ors v BHP Group PLC & Ors ([2020] EWHC 928 (TCC)) His Honour Judge Eyre QC set out the principles to be applied by the Court when considering applications to extend time for compliance with directions or for the adjournment of hearings in the context of the challenges posed by the COVID-19 pandemic. These principles provide a helpful framework for parties seeking to make such applications.’

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Henderson Chambers, 24th April 2020

Source: www.hendersonchambers.co.uk

BAILII: Recent Decisions

Posted April 28th, 2020 in law reports by sally

High Court (Administrative Court)

Fratila & Anor, R (on the application of) v Secretary of State for Work and Pensions & Anor [2020] EWHC 998 (Admin) (27 April 2020)

High Court (Chancery Division)

Shorts Gardens LLB v London Borough of Camden Council [2020] EWHC 1001 (Ch) (27 April 2020)

High Court (Commercial Court)

Petrochemical Logistics Ltd & Anor v PSB Alpha AG & Anor [2020] EWHC 975 (Comm) (27 April 2020)

Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd (Rev 1) [2020] EWHC 995 (Comm) (27 April 2020)

Motorola Solutions, Inc. & Ors v Hytera Communications Corporation Ltd & Ors [2020] EWHC 980 (Comm) (24 April 2020)

High Court (Family Division)

H v B (BIIa: Enforcement of Domestic Return Order) [2020] EWHC 961 (Fam) (27 April 2020)

High Court (Queen’s Bench Division)

Piechnik v Oxford City Council [2020] EWHC 960 (QB) (27 April 2020)

Source: www.bailii.org

Only 33 prisoners in England and Wales released under anti-coronavirus measures – The Guardian

Posted April 28th, 2020 in coronavirus, early release, news, statistics by sally

‘Only 33 prisoners have been released under emergency measures announced by the government to combat the spread of Covid-19 in jails in England and Wales, MPs have heard.’

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The Guardian, 27th April 2020

Source: www.theguardian.com

Top judges urge “breathing space” over contract breaches – Litigation Futures

Posted April 28th, 2020 in contracts, coronavirus, dispute resolution, news by sally

‘Two former presidents of the Supreme Court have suggested introducing a “breathing space” so that contractual breaches arising from the coronavirus crisis are conciliated to avoid the courts being overwhelmed with disputes.’

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Litigation Futures, 27th April 2020

Source: www.litigationfutures.com

QC body donates £200k to benevolent associations – Legal Futures

Posted April 28th, 2020 in charities, coronavirus, legal profession, news by sally

‘The body that organises the annual silk round has responded to pressure to release reserves during the coronavirus crisis by donating £200,000 to the benevolent associations for solicitors and barristers.’

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Legal Futures, 28th April 2020

Source: www.legalfutures.co.uk

Convicted terrorists less likely to reoffend than other criminals – study – The Guardian

Posted April 28th, 2020 in news, recidivists, statistics, terrorism by sally

‘Convicted terrorists are extremely unlikely to reoffend compared with other prisoners, research by academics and security services in Europe has found.’

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The Guardian, 28th April 2020

Source: www.theguardian.com

Piers Morgan: Ofcom clears presenter over ‘combative’ interviews – BBC News

Posted April 28th, 2020 in complaints, government departments, media, news by sally

‘Piers Morgan will not be investigated by the media regulator for “combative” interviews with government ministers that sparked 4,000 complaints.’

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BBC News, 27th April 2020

Source: www.bbc.co.uk

Supply teacher jailed for sexually assaulting six girls at primary school – The Guardian

Posted April 28th, 2020 in child abuse, news, school children, sentencing, sexual offences, teachers by sally

‘A supply teacher has been jailed for eight and a half years for sexually assaulting six girls at a primary school in North Yorkshire, two years after similar allegations were dropped.’

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The Guardian, 27th April 2020

Source: www.theguardian.com

Sikh Federation UK launches another legal challenge over Census 2021 – Local Government Lawyer

Posted April 27th, 2020 in census, equality, judicial review, news, Sikhism by sally

‘The Sikh Federation UK has brought a second judicial review challenge against the Cabinet Office over government plans for the 2021 Census.’

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Local Government Lawyer, 24th April 2020

Source: www.localgovernmentlawyer.co.uk

A ‘setback’ for unexplained wealth orders – Law Society’s Gazette

Posted April 27th, 2020 in corruption, news, proceeds of crime, unexplained wealth orders by sally

‘On 8 April, two prominent Kazakhstan citizens successfully persuaded the High Court to discharge three unexplained wealth orders (National Crime Agency v Baker and ors [2020] EWHC 822 (Admin)).’

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Law Society's Gazette, 27th April 2020

Source: www.lawgazette.co.uk

Doctor couple challenge UK government on PPE risks to BAME staff – The Guardian

‘Two doctors are launching a legal challenge over government guidance on personal protective equipment which they say exposes them to coronavirus infections.’

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The Guardian, 24th April 2020

Source: www.theguardian.com

Covid-19 could herald reform of reserved legal activities – Legal Futures

‘Changes to the list of reserved activities that only authorised lawyers can do has been floated as one way the ways legal regulation could be flexed to help the profession recover from the Covid-19 crisis.’

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Legal Futures, 27th April 2020

Source: www.legalfutures.co.uk

Not signed, not sealed, not delivered – Nearly Legal

‘A first instance county court judgment on a possession claim, but with a range of interesting issues. The Ratcliffes were the landlords, Ms Patterson was the tenant and Mr Porter a guarantor, who played no part in proceedings. The tenancy was an assured shorthold tenancy with the most recent fixed term beginning in June 2018. Rent arrears accrued (on which more later) and the Ratcliffes brought a claim for possession under grounds 8, 10 and 11 Schedule 2 Housing Act 1988.’

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Nearly Legal, 26th April 2020

Source: nearlylegal.co.uk

Hearing in biggest ever group litigation to go ahead remotely – Law Society’s Gazette

‘The High Court has ruled that a hearing related to the biggest class action in history can go ahead remotely, in another sign of judges’ acceptance of a new default position during the coronavirus crisis.’

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Law Society's Gazette, 22nd April 2020

Source: www.lawgazette.co.uk

Remote hearings and inclusive justice – Transparency Project

‘How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link?’

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Transparency Project, 24th April 2020

Source: www.transparencyproject.org.uk

Charges and cautions for domestic violence rise by 24% in London – The Guardian

Posted April 27th, 2020 in charities, coronavirus, domestic violence, families, news, police, statistics by sally

‘Police have warned of a looming rise in reported domestic abuse cases with some victims currently suffering in silence fearing if their abuser is arrested and becomes unemployed, they and their children will be plunged into poverty.’

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The Guardian, 24th April 2020

Source: www.theguardian.com

Judges back guidance for remote detailed assessment hearings – Litigation Futures

‘Guidance on the conduct of remote detailed assessments (DAs) has been produced to get the system moving during the lockdown.’

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Litigation Futures, 23rd April 2020

Source: www.litigationfutures.com

Has the government broken the law by putting NHS staff in harm’s way? – The Guardian

‘If there have been systemic flaws over PPE, ministers could be in breach of the European convention on human rights.’

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The Guardian, 25th April 2020

Source: www.theguardian.com

Coronavirus: Internet child abuse images ‘not being deleted’ – BBC News

‘Coronavirus has led to a “global slowdown” in the removal of internet child abuse images, say campaigners.’

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BBC News, 27th April 2020

Source: www.bbc.co.uk