BAILII: Recent Decisions
High Court (Administrative Court)
Source: www.bailii.org
Scope of the duties on the state to protect life under Article 2 ECHR (R (Maguire) v HM Senior Coroner) – Dispute Resolution Blog
‘In R (Maguire) v HM Senior Coroner for Blackpool & Fylde & Others [2020] EWCA Civ 738, the Court of Appeal considered whether the enhanced procedural duty to investigate death under Article 2 ECHR applied to the inquest touching upon the death of a vulnerable individual subject to the Deprivation of Liberty Safeguards (“DoLS”) under the Mental Capacity Act 2005 living in a care home. The Court of Appeal’s judgment is an important authority on the scope of the substantive positive duties on the state to protect life under Article 2 ECHR.’
Dispute Resolution Blog, 30th June 2020
Source: www.lexisnexis.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
GC v A County Counci & Ors [2020] EWCA Civ 848 (03 July 2020)
T (A Child: Refusal of Adoption Order), Re [2020] EWCA Civ 797 (02 July 2020)
Court of Appeal (Criminal Division)
Biffa Waste Services Ltd v R. [2020] EWCA Crim 827 (03 July 2020)
High Court (Administrative Court)
Constable v The Crown Prosecution Service (CPS) [2020] EWHC 1760 (Admin) (03 July 2020)
High Court (Chancery Division)
Davis v Lloyds Bank Plc [2020] EWHC 1758 (Ch) (03 July 2020)
Competition And Markets Authority v Martin [2020] EWHC 1751 (Ch) (03 July 2020)
Central Bridging Loans Ltd v Anwer [2020] EWHC 1745 (Ch) (02 July 2020)
Rowe & Ors v Ingenious Media Holdings Plc & Ors [2020] EWHC 1731 (Ch) (02 July 2020)
N3 Living Ltd v Burgess Property Investments Ltd & Anor [2020] EWHC 1711 (Ch) (02 July 2020)
High Court (Commercial Court)
Fimbank Plc v KCH Shipping Co Ltd [2020] EWHC 1765 (Comm) (03 July 2020)
High Court (Queen’s Bench Division)
Bailey & Anorv Glaxosmithkline UK Ltd [2020] EWHC 1766 (QB) (03 July 2020)
Gandesha & Anor v Gandesha & Ors [2020] EWHC 1743 (QB) (02 July 2020)
Scales v Motor Insurers’ Bureau [2020] EWHC 1749 (QB) (02 July 2020)
Scales v Motor Insurers’ Bureau [2020] EWHC 1747 (QB) (02 July 2020)
Mirchandani v Gheewala [2020] EWHC 1742 (QB) (02 July 2020)
Depp v News Group Newspapers Ltd & Ors [2020] EWHC 1734 (QB) (02 July 2020)
Source: www.bailii.org
Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer
‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’
Local Government Lawyer, 2nd July 2020
Source: www.localgovernmentlawyer.co.uk
Case Comment: Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – UKSC Blog
‘In this case comment, Adrian Bell, Nigel Lewis, Steven Bell and Shona Frame, all partners within the CMS Infrastructure, Construction and Energy Disputes Group, comment on the decision handed down in June 2020 in the matter of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25.’
UKSC Blog, 1st July 2020
Source: ukscblog.com
Samuel Ley: Consistency and Conceptual Confusion – UK Constitutional Law Association
‘This post seeks to explain and clarify the status of “consistent/equal treatment” in UK judicial review. The status of consistency in judicial review was recently considered by the UK Supreme Court in Gallaher, but the meaning of ‘consistency’ was not clearly explained. The main aim of this post is therefore one of clarification. This author hopes to put consistency on a sure conceptual footing which has otherwise been lacking in the discourse on consistency.’
UK Constitutional Law Association, 3rd July 2020
Source: ukconstitutionallaw.org
Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog
‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’
UKSC Blog, 2nd July 2020
Source: ukscblog.com
New UK law could challenge China over Hong Kong, but will it go far enough? – The Guardian
‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’
The Guardian, 2nd July 2020
Source: www.theguardian.com
FOIA Appeals and Enforcement: Who has the Power? – Panopticon
‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’
Panopticon, 2nd July 2020
Source: panopticonblog.com
Stop and search stats may thwart diversity push, UK police warned – The Guardian
‘Efforts to improve diversity among police officers are at risk of being thwarted by the disproportionate use of stop-and-search powers against black men, a senior policing watchdog has warned.’
The Guardian, 2nd July 2020
Source: www.theguardian.com
Adventures in forfeiture – brothels and specifying the breach – Nearly Legal
‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’
Nearly Legal, 1st July 2020
Source: nearlylegal.co.uk
High court hears legal challenge to England’s lockdown restrictions – The Guardian
‘The government’s lockdown, which has closed schools, premises and companies while limiting free movement, is the “most sweeping and far-reaching” restriction on fundamental rights since the second world war, the high court has been told.’
The Guardian, 2nd July 2020
Source: www.theguardian.com
New video platform to be rolled out across civil courts – Litigation Futures
‘The new video platform enabling more remote cases to be heard in the criminal courts will rolled out to the civil courts over the coming months, the Ministry of Justice confirmed yesterday.’
Litigation Futures, 2nd July 2020
Source: www.litigationfutures.com
5 Things You Should Know About Local Lockdowns – Each Other
‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’
Each Other, 3rd July 2020
Source: eachother.org.uk
Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian
‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’
The Guardian, 2nd July 2020
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Hilton, R. v (Northern Ireland) [2020] UKSC 29 (1 July 2020)
Villiers v Villiers [2020] UKSC 30 (1 July 2020)
Court of Appeal (Civil Division)
Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824 (01 July 2020)
Rees & Anor v Windsor-Clive & Ors [2020] EWCA Civ 816 (01 July 2020)
High Court (Administrative Court)
Bishop v Public Service Ombudsman for Wales [2020] EWHC 1503 (Admin) (02 July 2020)
High Court (Chancery Division)
Gibbons & Anor v Smith & Ors [2020] EWHC 1727 (Ch) (01 July 2020)
The Financial Conduct Authority v Avacade Ltd & Ors [2020] EWHC 1673 (Ch) (30 June 2020)
High Court (Commercial Court)
CH Offshore Ltd v Internaves Consorcio Naviero SA & Ors [2020] EWHC 1710 (Comm) (01 July 2020)
High Court (Queen’s Bench Division)
Ameyaw v McGoldrick & Ors [2020] EWHC 1741 (QB) (02 July 2020)
Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)
Source: www.bailii.org
