‘In this blog, employment barristers Michael Sprack and Amrit Bachu identify the obligations on employers to ensure the safety of their workers, particularly workers returning to work during Covid-19, and consider practical steps that workers can take.’
1MCB Chambers, 19th May 2020
Source: 1mcb.com
A landlord cannot determine a flexible tenancy prior to the expiry of its fixed term without a forfeiture clause even in the event of default by the tenant, the High Court has ruled.
Local Government Lawyer, 4th June 2020
Source: www.localgovernmentlawyer.co.uk
‘The time litigants have to wait to reach trial in civil claims reached record lengths even before the impact of the Covid-19 pandemic hit, new government figures have revealed.’
Litigation Futures, 4th June 2020
Source: www.litigationfutures.com
‘For years, prosecutors and defenders have acted in the confident knowledge that obtaining certain types of important electronic evidence from overseas in time for use at trial has been very difficult. That may now change: the Crime (Overseas Production Orders) Act 2019 (“the Act”) received the Royal Assent on 12 February 2019. The provisions of the Act came into force on 9 October 2019.’
6KBW College Hill, 25th May 2020
Source: blog.6kbw.com
‘This post, written by a member of the Doughty Street Chambers’ Children’s Rights Group, raises questions about the necessity and proportionality of the Adoption and Children (Coronavirus) (Amendment) Regulations 2020. It suggests that the Regulations are likely to breach the UK’s international human rights commitments at a time when children need such protections more than ever.’
Doughty Street Chambers, 19th May 2020
Source: insights.doughtystreet.co.uk
‘The Official Solicitor has for the first time taken part in the hearing of an urgent out of hours application in a serious medical treatment case.’
Local Government Lawyer, 4th June 2020
Source: www.localgovernmentlawyer.co.uk
‘The Master of the Rolls, Sir Terence Etherton, the chair of the independent Civil Justice Council and Head of Civil Justice, has welcomed the Civil Justice Council’s rapid review of the impact of the COVID-19 pandemic on the civil justice system, particularly the swift expansion of the use of remote hearings. The review, conducted with the support of the Legal Education Foundation, launched on 1 May 2020 and concluded on 15 May 2020. It was particularly aimed at court users whose hearings took place between 1 May and 7 May 2020.’
Courts and Tribunals Judiciary, 5th June 2020
Source: www.judiciary.uk
‘A group that campaigns against the proposed Sizewell C nuclear power station has won permission to take East Suffolk Council to judicial review in a dispute over felling a wood.’
Local Government Lawyer, 4th June 2020
Source: www.localgovernmentlawyer.co.uk
‘A former professional cricketer who joked about “dragging the birds back” as part of a WhatsApp sexual conquest game has appealed a five year sentence by claiming the comments did not prove he would ignore consent.’
Daily Telegraph, 4th June 2020
Source: www.telegraph.co.uk
‘This was an application by Neurim Pharmaceuticals (1991) Ltd. (“Neurim”), the registered proprietor of European patent (UK) number 1441702 and Flynn Pharma Ltd. (“Flynn”) the proprietor’s exclusive licensee for an interim injunction to restrain until trial or further order the generics manufacturer, Mylan, from taking steps that might infringe that patent. The application was heard online by Mr Justice Marcus Smith on 20 May 2020. He handed down his judgment on 3 June 2020.’
NIPC Law, 4th June 2020
Source: nipclaw.blogspot.com
Court of Appeal (Criminal Division)
Westwood, R v [2020] EWCA Crim 598 (06 May 2020)
Mustafa v The Environment Agency [2020] EWCA Crim 597 (06 May 2020)
High Court (Administrative Court)
Khan v Governor of HMP The Mount & Anor [2020] EWHC 1367 (Admin) (04 June 2020)
HE, R (on the application of) v The Lord Chancellor [2020] EWHC 1411 (Admin) (04 June 2020)
High Court (Chancery Division)
Akkurate Ltd, Re [2020] EWHC 1433 (Ch) (04 June 2020)
High Court (Commercial Court)
RP Explorer Ltd v Malhotra & Anor [2020] EWHC 1225 (Comm) (04 June 2020)
SPC Aviation Ltd v Air Link One Ltd [2020] EWHC 1419 (Comm) (04 June 2020)
High Court (Queen’s Bench Division)
Paul & Anor v The Royal Wolverhampton NHS Trust [2020] EWHC 1415 (QB) (04 June 2020)
SC v University Hospital Southampton NHS Foundation Trust [2020] EWHC 1432 (QB) (04 June 2020)
Copeland v Bank of Scotland Plc [2020] EWHC 1441 (QB) (04 June 2020)
Source: www.bailii.org
‘Mr Leonard was recruited as a Broker by Square Global Limited (“Square”) in February 2015. He resigned summarily on 11 November 2019. For around seven months prior to his resignation, Mr Leonard had been in discussions with a rival financial services business, Market Securities, about leaving Square and joining them instead.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
‘Campaigners have threatened to bring legal action against the government for not providing free school meal vouchers during the summer.’
BBC News, 5th June 2020
Source: www.bbc.co.uk
‘This is, to say the least, a rather unfortunate saga. The Claimant, Mr Serafin, brought a defamation claim against a Polish newspaper run by the Defendants. An article had alleged various things including that he was financially untrustworthy and was dishonest in his dealings with women. At trial before Jay J, he represented himself. He was comprehensively disbelieved by the judge. His claim was dismissed, in most cases because the judge found that the article was accurate, but in some instances because the defendants had a public interest defence under s. 4 Defamation Act 2013.’
UK Human Rights Blog, 4th June 2020
Source: ukhumanrightsblog.com
‘The Court of Appeal affirmed in the case of R v Barton that the test for dishonesty to be used in criminal proceedings is that set out in obiter dicta by the Supreme Court in Ivey v Genting Casinos UK (t/a Cockfords Club), expressly overruling the two-stage test set out in R v Ghosh. Modifying (albeit to a limited extent) the principle of stare decisis, the court held that, in limited circumstances, where the Supreme Court directs, obiter dicta, that an otherwise binding decision of the Court of Appeal should no longer be followed and proposes an alternative test that it says must be adopted, the Court of Appeal is bound to follow that direction. The test in Ivey ensures dishonesty is objectively assessed by reference to society’s standards, rather than the defendant’s own understanding of what is dishonest. This resolves the problematic second limb of the Ghosh test.’
5SAH, 18th May 2020
Source: www.5sah.co.uk
‘Thousands of tenants who have struggled to pay rent during the pandemic lockdown face the prospect of losing their home from the end of the month when the government’s temporary ban on evictions ends, housing campaigners have warned.’
The Guardian, 4th June 2020
Source: www.theguardian.com
‘This was EAT decision involving 4 individuals – Mr F, Mr K, Mr L and Mr P. They were all directors of Lancer; Mr F and Mr K were employees of that company, and Mr L and Mr P were employed by companies which contracted their services to Lancer.’
3PB, 2nd June 2020
Source: www.3pb.co.uk
A group of senior former judges and legal academics has called for an acceleration in the take-up of alternative dispute resolution (ADR) in the face of commercial contract disputes arising from Covid-19.
Litigation Futures, 4th June 2020
Source: www.litigationfutures.com
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