Postmasters were prosecuted using unreliable evidence – BBC News
‘The Post Office prosecuted postmasters over missing money despite having evidence its own computer system could be to blame.’
BBC News, 8th June 2020
Source: www.bbc.co.uk
Master of Rolls sets up working group as concerns expressed about end to stay on housing possession claims – Local Government Lawyer
‘The Master of the Rolls, Sir Terence Etherton, has established a cross-sector working group to address concerns about the consequences of the current stay on housing possession claims ending.’
Local Government Lawyer, 5th June 2020
Source: www.localgovernmentlawyer.co.uk
SRA to press ahead with launch of SQE in autumn 2021 – Legal Futures
‘The Covid-19 crisis will not stop the introduction of the Solicitors Qualifying Exam (SQE) in September 2021, the Solicitors Regulation Authority (SRA) has decided.’
Legal Futures, 8th June 2020
Source: www.legalfutures.co.uk
How to observe remote hearings in the Court of Protection -Transparency Project
‘ “Open justice” is a cornerstone of the legal system for England and Wales. The Court of Protection makes life-changing decisions on behalf of vulnerable people, such as where they live, who they can have contact with, what medical treatments they must have. These are decisions with huge consequences for the person at the centre of the case (known as “P”), and for their family – and they engage fundamental human rights. There is a clear and legitimate public interest in knowing what decisions are made by the courts and how those decisions are made.’
Transparency Project, 7th June 2020
Source: www.transparencyproject.org.uk
‘A black man’s life is not valued’: attack on year-long delay of UK police death inquiry – The Guardian
‘An official review into the death of a black man who was punched repeatedly by police, beaten with a baton and Tasered has been delayed for the last year because investigators have yet to obtain a transcript of the inquest.’
The Guardian, 6th June 2020
Source: www.theguardian.com
Yuan Yi Zhu: The Supreme Court: Options for Change – UK Constitutional Law Association
‘Since the Conservative government’s landslide victory in the 2019 general election, constitutional reform has been on top of its agenda. The most high-profile target of its attention has been the Supreme Court, whose performance came under sustained Conservative criticism during Brexit, most notably in Miller II/Cherry. Few details have so far been published about the Government’s constitutional reform plans, and it remains possible that these never reach fruition, especially in the face of concerted political opposition. Nevertheless, given the government’s considerable parliamentary majority and the high priority given to constitutional reform at the political level, it seems that the Supreme Court’s days might indeed be numbered. Hence, it is worth considering, without offering an opinion on the desirability of reforming the Supreme Court, some possible options for change.’
UK Constitutional Law Association, 8th June 2020
Source: ukconstitutionallaw.org
Spending watchdog warns public bodies on challenge of managing end of PFI contracts as disputes loom – Local Government Lawyer
‘More than a third of public bodies expect to have formal disputes as PFI contracts come to an end, the National Audit Office has found.’
Local Government Lawyer, 5th June 2020
Source: www.localgovernmentlawyer.co.uk
Not not Nemcova – Nearly Legal
‘Another Upper Tribunal decision to add to the now large pile of cases on airbnb/short let use and breach of lease. In this case, the FTT had found the short let use not to be in breach of lease (for cunning reasons I’ll come back to) and the head lessor had appealed to the Upper Tribunal. The decision upholds the Nemcova line on “private residence” use, but also has a finding of interest on “business use”.’
Nearly Legal, 6th June 2020
Source: nearlylegal.co.uk
Justice Secretary seeks to block decision to release rapist serving life sentence – Daily Telegraph
‘The Justice Secretary is seeking to block the decision to release a rapist serving a life sentence from prison, after the victim’s family only learned of the plans through a journalist.’
Daily Telegraph, 5th June 2020
Source: www.telegraph.co.uk
Tenant eviction ban in England and Wales extended by two months – The Guardian
‘The government has extended its ban on evictions in England and Wales by a further two months, prolonging the breathing space for thousands of tenants who have struggled to pay the rent during lockdown.’
The Guardian, 6th June 2020
Source: www.theguardian.com
R (Flores) v Southwark LBC [2020] EWHC 1279 (Admin) – 4-5 Gray’s Inn Square
‘The Administrative Court dismissed a challenge to the local authority’s decision as to the level of priority to be awarded under their housing allocation scheme to a family living in accommodation which had become statutorily overcrowded as a result of children growing older. The Court interpreted the meaning of the applicant’s “deliberate act” under the scheme.’
4-5 Gray's Inn Square, 29th May 2020
Source: www.4-5.co.uk
Belly Mujinga: CPS to review Covid-19 death of station worker – BBC News
‘The Crown Prosecution Service (CPS) has been asked to review evidence into the death of a railway worker who was reportedly spat at by a man claiming to have coronavirus.’
BBC News, 5th June 2020
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Sofer v Swissindependent Trustees SA [2020] EWCA Civ 699 (05 June 2020)
High Court (Administrative Court)
KN v Sokolov District Court, Czech Republic [2020] EWHC 1462 (Admin) (05 June 2020)
Wozniak v District Court In Gniezno, Poland [2020] EWHC 1459 (Admin) (05 June 2020)
High Court (Chancery Division)
Discovery (Northampton) Ltd & Ors v Debenhams Retail Ltd & Ors [2020] EWHC 1430 (Ch) (05 June 2020)
Monsolar IQ Ltd v Woden Park Ltd [2020] EWHC 1407 (Ch) (05 June 2020)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Rihan v Ernst & Young Global Ltd & Ors [2020] EWHC 1380 (QB) (05 June 2020)
High Court (Technology and Construction Court)
MW High Tech Projects UK Ltd v Balfour Beatty Kilpatrick Ltd [2020] EWHC 1413 (TCC) (05 June 2020)
Source: www.bailii.org
Jeremy Bamber refused access to documents on Essex family murders – The Guardian
‘Jeremy Bamber, who is serving a whole life sentence for one of Britain’s most notorious multiple murders, has been refused access to documents that he believes could help clear his name.’
The Guardian, 5th June 2020
Source: www.theguardian.com
Employment status: Revenue v Customs Commissioners v Professional Game Match Officials Ltd [2020] 5 WLUK 118 – 3PB
‘Professional Game Match Officials Limited (“PGMOL”) is a company whose 3 members are The Football Association Ltd (“the FA”), The Football Association Premier League Ltd (“the Premier League”) and the Football League Ltd (“the Football League”), now referred to as the English Football League (“the EFL”).’
3PB, 2nd June 2020
Source: www.3pb.co.uk
UK airlines launch legal battle over Covid-19 quarantine ruling – The Guardian
‘Britain’s three biggest airlines have started legal proceedings against the government in a bid to overturn quarantine rules due to take effect in the UK from Monday.’
The Guardian, 7th June 2020
Source: www.theguardian.com
Resumption of jury trials: an open justice “toolkit” – Doughty Street Chambers
‘For seven weeks Covid-19 shut the doors of jury trials in England and Wales. On 11th May 2020, the Lord Chief Justice and Lord Chancellor announced the resumption of new jury trials in “certain courtrooms under certain conditions” from 18th May 2020. In the interim, two guinea pig trials resumed at the Old Bailey.’
Doughty Street Chambers, 18th May 2020
Source: insights.doughtystreet.co.uk
To complete or not to complete? Notices to Complete and Specific Performance – Falcon Chambers
‘Once the parties to a contract for the sale and purchase of land (or for the grant and acceptance of a lease) become contractually bound, then, other things being equal, neither of them should be able to back out – at least, not without some default of the other party to exploit. Of course, some such contracts are conditional, and the parties do not necessarily become unconditionally bound until some later date, if at all. But when the parties do become unconditionally bound, one or the other of them may ask the question: how can I force the reluctant party to complete? Or, looking at the problem from the other end: when do I have to complete? Can I be forced to complete?’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
The Coronavirus and Employers’ Liability for PPE – Part 5: Liability of Employers to Family Members of Employees by Jack McCracken and Sarah Hopkinson – Ropewalk Chambers
‘Cases regarding secondary exposure to risk by employees’ family members have tended to focus on whether exposure of the employee was sufficient to place the employer under an obligation to act, and whether there was sufficient industry knowledge for the employer to appreciate the “secondary exposure” risk.’
Ropewalk Chambers, 15th May 2020
Source: www.ropewalk.co.uk
Sale and Development Agreements: Obligations to Use Endeavours – Falcon Chambers
‘At the time of writing, the UK remains subject to stringent and extensive measures which have been enacted by Parliament in response to the Covid19 pandemic. Although there has been some relaxation since the “lockdown” was first introduced in mid-March 2020, large parts of the economy remain on hold. This has had and will continue, for some time, to have an effect on the ability and desire of parties to contracts for the sale and/or development of land to perform their obligations. It will also affect the extent to which transactions of this sort continue to be entered into and the terms of sale and development agreements may well need to adapt to the changing landscape.’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
