MP Liz Saville-Roberts: Man jailed for sending threatening email – BBC News
‘A 66-year-old man who sent a threatening email to Plaid Cymru MP Liz Saville-Roberts has been jailed.’
BBC News, 23rd June 2020
Source: www.bbc.co.uk
Rebekah Vardy sues Coleen Rooney over ‘Wagatha Christie’ claims – The Guardian
‘Rebekah Vardy has launched defamation proceedings against Coleen Rooney at the high court in London, in what could be an extraordinary legal case detailing the feud between the two women and their relationships with the British tabloid media.’
The Guardian, 23rd June 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
LC (A Child – Placement Order) [2020] EWCA Civ 787 (23 June 2020)
Court of Appeal (Criminal Division)
Mohammed, R. v [2020] EWCA Crim 766 (23 June 2020)
High Court (Administrative Court)
Ostrzycki v Regional Court of Suwalki, Poland [2020] EWHC 1634 (Admin) (23 June 2020)
Rushbrooke v HM Coroner for West London [2020] EWHC 1612 (Admin) (23 June 2020)
High Court (Chancery Division)
Hinduja v Hinduja & Ors [2020] EWHC 1533 (Ch) (23 June 2020)
Source: www.bailii.org
Coronavirus (COVID-19) and delays to extradition (Cosar v Governor of HMP Wandsworth) – 5SAH
‘This case concerns the impact of the coronavirus (COVID19) pandemic on the execution of European Arrest Warrants (EAWs). Extradition is presently impossible due to travel restrictions that have been imposed across Europe. The judgment considered the legality of repeated short-term extensions to the ten-day period in which extradition on an EAW must take place. Under Article 23 of the Framework Decision, extradition can be lawfully postponed where there are serious humanitarian reasons to do so, or where removal is prevented by circumstances beyond the control of any Member State. The court held that the coronavirus pandemic is capable of satisfying either criteria. A requested person is not entitled to be notified of any application to extend the extradition period, or to make representations at a hearing. However, in the present circumstances it is good practice to notify a requested person of any extension and to allow them access to legal representation.’
5SAH, 23rd June 2020
Source: www.5sah.co.uk
What Conspiracy? Warnings and lessons for conspiracy cases – 4 King’s Bench Walk
‘This article considers the recent case of R v Johnson [2020] EWCA Crim 482 and its implications for practitioners drafting conspiracy indictments and advising clients in relation to them.’
4 King's Bench Walk, 17th June 2020
Source: www.4kbw.co.uk
The Supreme Court sanctions the use of adjudication in the insolvency context: Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – 3 Hare Court
‘The Supreme Court has given judgment in what is being hailed as a landmark case in the construction and insolvency spheres. The decision has not only eliminated any doubt that there is jurisdiction for an insolvent company to adjudicate against a respondent with a potential cross-claim, but it has also endorsed the use of adjudication as a helpful tool for liquidators.’
3 Hare Court, 22nd June 2020
Source: www.3harecourt.com
The Use of Police Tactics to Disperse Protests and the Fine Line Between Legitimate Protesting and Anti-Social Behaviour – 3PB
‘A number of protests were held across the country and the world in response to the brutal killing of George Floyd in the United States. Although the protests were largely peaceful, there was some tension between the police and protesters over the weekend. This unfortunately resulted in some protesters and Legal Observers being kettled by the police. This note will provide a brief overview of the law surrounding the various tactics used by the police to disperse protests and maintain the peace. Some of the most commonly used tactics include kettling (otherwise known as containment) and the use of dispersal orders under s.35 of the Anti-social Behaviour, Crime and Policing Act 2014. The note will also focus on what constitutes ‘anti-social behaviour’ in the context of protests.’
3PB, 18th June 2020
Source: www.3pb.co.uk
Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] USC 25, or ‘‘kicking the door wide open’’ – 3PB
‘Lord Justice Coulson’s judgment included the proposition that an insolvent Company could only adjudicate a dispute with a creditor in circumstances of mutual debts in “exceptional circumstances”. Subsequent caselaw has explored the extent of these “exceptional circumstances”.’
3PB, 18th June 2020
Source: www.3pb.co.uk
A reprieve for landlords – Gas safety certificates and section 21 notices Case update: Trecarrell House Ltd v Rouncefield [2020] EWCA Civ 270 – 3PB
‘Residential landlords may well be familiar with, and will quite possibly have fallen foul of, the statutory requirements placed upon them in respect of gas safety certificates. The case of Caridon Property Ltd v Shooltz (02/02/18, unreported but the judgment is available online) providing, until yesterday, unbinding but highly persuasive authority that landlords who fail to serve a copy of the most recent gas safety certificate prior to a tenant entering in to occupation of the relevant property could not rely upon the no-fault eviction process provided by section 21 of the Housing Act 1988 and, as per the County Court appeal judgment of HHJ Luba QC, could never rectify the error. The decision, which was regularly followed by district judges and deputy district judges in the County Court throughout the country, placed landlords in a position where, unless they were able to rely upon any of the grounds set out Schedule 2 of the 1988 Act and therefore serve a section 8 notice, they had no way of evicting tenants, even though they were purportedly assured shorthold tenants.’
3PB, 19th June 2020
Source: www.3pb.co.uk
Reasonable requirement for expert evidence – Law Society’s Gazette
‘Civil claims increasingly raise technical and scientific issues that require evidence from experts who can assist the court in understanding the key issues. However, the parties do not have a right to adduce expert evidence and the court’s permission will be required. Rather, the court will control the use of evidence. It will do this by restricting the use of expert evidence to that which is reasonably required to resolve the proceedings (CPR 35.1).’
Law Society's Gazette, 22nd June 2020
Source: www.lawgazette.co.uk
Solicitor claimant backtracks on request for male judge – Legal Futures
‘An employment tribunal has rejected claims of bias by a solicitor claimant who asked and then retracted a request to replace a female judge with a male one.’
Legal Futures, 23rd June 2020
Source: www.legalfutures.co.uk
Nurse who paralysed man in Silsden crash spared jail – BBC News
‘A nurse who had a hypoglycaemic attack, causing a crash which left a pedestrian paralysed, has been spared jail.’
BBC News, 20th June 2020
Source: www.bbc.co.uk
An analysis of the Sentencing Code – Law Society’s Gazette
‘The Sentencing Bill has begun its passage through parliament, having received its first reading in the House of Lords in March. The Bill contains a “Sentencing Code”. Once in force, the Sentencing Code will provide a single reference point for the law on sentencing and will apply to all offenders convicted of an offence after 1 October 2020.’
Law Society's Gazette, 18th June 2020
Source: www.lawgazette.co.uk
Solicitor faked court documents to mislead client – Legal Futures
‘A solicitor has been struck off for falsifying court documents to make a client think his application to extend his leave to remain in the UK had been made before the leave had expired.’
Legal Futures, 22nd June 2020
Source: www.legalfutures.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Secretary of State for Work And Pensions v Johnson & Ors [2020] EWCA Civ 778 (22 June 2020)
Court of Appeal (Criminal Division)
Smith v R. [2020] EWCA Crim 777 (22 June 2020)
High Court (Administrative Court)
National Crime Agency & Anor v Odewale & Anor [2020] EWHC 1609 (Admin) (22 June 2020)
Winder v Director of Public Prosecutions [2020] EWHC 1611 (Admin) (19 June 2020)
High Court (Commercial Court)
Target Rich International Ltd v Forex Capital Markets Ltd [2020] EWHC 1544 (Comm) (22 June 2020)
CNM Estates (Tolworth Tower) Ltd v VeCREF I SARL & Ors [2020] EWHC 1605 (Comm) (22 June 2020)
High Court (Queen’s Bench Division)
Jones v Ministry of Defence [2020] EWHC 1603 (QB) (22 June 2020)
SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1610 (QB) (22 June 2020)
Source: www.bailii.org
Alex Schymyck: Why the proposed changes to asylum legal aid fees are unlawful – UK Constitutional Law Association
‘This blog analyses the legality of the Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020, which came into force on 8 June 2020 The regulations radically alter the renumeration available to lawyers who represent asylum seekers in appeals from decisions refusing to grant refugee status. They threaten the viability of legal aid provision and 66 MPs, including the Labour leader Keir Starmer, have signed an Early Day Motion seeking to annul the regulations. The immigration Bar has gone on strike and a major law firm has already indicated its intention to challenge the legality of the regulations.’
UK Constitutional Law Association, 23rd June 2020
Source: ukconstitutionallaw.org
The Grenfell Fire: Do Black Lives Actually Matter? – Oxford Human Rights Hub
‘On the 3rd anniversary of the Grenfell fire where 72 residents (at least 34 of whom were from a BAME background) lost their lives, is the country in a better position to avoid future cladding related fires?’
Oxford Human Rights Hub, 18th June 2020
Source: ohrh.law.ox.ac.uk
Energy customers face bailiffs as Ofgem allows debt collecting again – The Guardian
‘Gas and electricity customers face the prospect of debt collectors chasing up unpaid bills after the energy industry regulator told suppliers they no longer had to offer unlimited coronavirus payment holidays.’
The Guardian, 22nd June 2020
Source: www.theguardian.com
