Oligarch’s wife brings son into high-stakes divorce case – The Guardian

Posted May 12th, 2020 in champerty, divorce, families, joinder, news, third parties by sally

‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’

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The Guardian, 10th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 12th, 2020 in law reports by sally

Court of Appeal (Civil Division)

Viasat UK Ltd & Anor v The Office of Communications & Anor [2020] EWCA Civ 624 (11 May 2020)

High Court (Administrative Court)

Cosar v HMP Wandsworth & Ors [2020] EWHC 1142 (Admin) (11 May 2020)

Lochailort Investments Ltd, R (on the application of) v Norton ST Philip Parish Council [2020] EWHC 1146 (Admin) (11 May 2020)

High Court (Chancery Division)

European Film Bonds AS & Ors v Lotus Holdings LLC & Ors [2020] EWHC 1115 (Ch) (11 May 2020)

Brake & Ors v Swift & Anor [2020] EWHC 1156 (Ch) (11 May 2020)

Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) (11 May 2020)

High Court (Family Division)

A Local Authority v The Mother & Ors [2020] EWHC 1162 (Fam) (11 May 2020)

High Court (Technology and Construction Court)

City East Recruitment Ltd v British Gas Social Housing Ltd [2020] EWHC 1159 (TCC) (11 May 2020)

Source: www.bailii.org

Limitation in historic sex abuse claims: recent decisions on the exercise of section 33 of the Limitation Act 1980 – 12 King’s Bench Walk

Posted May 11th, 2020 in chambers articles, delay, limitations, news, sexual offences by sally

‘A series of judgments have already been handed down this year that deal with limitation in historic sex abuse cases. Each addresses whether it is equitable to allow the claim to proceed by disapplying the long-expired limitation period, by exercising the discretion under section 33 of the Limitation Act 1980.’

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12 King's Bench Walk, 1st May 2020

Source: www.12kbw.co.uk

Old Bailey jury trials to resume this week – Law Society’s Gazette

Posted May 11th, 2020 in coronavirus, courts, criminal justice, Crown Court, juries, news, trials by sally

‘Two jury trials will resume at the Old Bailey this week as first steps toward Crown court cases restarting around the country. However, the criminal bar warned that a resumption of normal service “remains many weeks off”.’

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Law Society's Gazette, 10th May 2020

Source: www.lawgazette.co.uk

Scott v LGBT Foundation Ltd: When Dealing with Personal Information Falls Outside the Data Protection Regime – The 36 Group

Posted May 11th, 2020 in chambers articles, charities, confidentiality, consent, data protection, disclosure, doctors, human rights, mental health, news, privacy by sally

‘In Scott v LGBT Foundation Ltd [2020] EWHC 483 (QB) the High Court held that “a verbal disclosure does not constitute the processing of personal data” under the Data Protection Act 1998 (“DPA 1998”).’

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The 36 Group, 5th May 2020

Source: 36group.co.uk

UK contact-tracing app could fall foul of privacy law, government told – The Guardian

Posted May 11th, 2020 in bills, computer programs, coronavirus, data protection, human rights, news, privacy, select committees by sally

‘The NHS contact-tracing app must not be rolled out across the UK until the government has increased privacy and data protections, an influential parliamentary committee has said, as rights groups warn that the current trial is unlawful under the Data Protection Act.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

Good faith: Is English law swimming against the international tide? – The 36 Group

Posted May 11th, 2020 in chambers articles, contracts, news by sally

‘The general obligation of good faith in the performance of contractual obligations is widely recognised and accepted overseas both in civil law jurisdictions and also now in most common law jurisdictions.’

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The 36 Group, 1st May 2020

Source: 36group.co.uk

Have you just unreasonably refused to mediate? – 33 Bedford Row

Posted May 11th, 2020 in chambers articles, dispute resolution, news by sally

‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’

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33 Bedford Row, 30th April 2020

Source: www.33bedfordrow.co.uk

No vicarious liability for a ‘personal vendetta’: WM Morrisons Supermarkets plc (Appellant) v Various Claimants (Respondents) – [2020] UKSC 12 – 3PB

Posted May 11th, 2020 in appeals, chambers articles, data protection, news, Supreme Court, vicarious liability by sally

‘Morrisons, the Appellant by the time this case reached the Supreme Court, are, of course, a well-known national chain of supermarkets. The Respondents in this case were approximately 9,000 employees or former employees of Morrisons.’

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3PB, May 2020

Source: www.3pb.co.uk

Stay? Maybe Stayed? No Stay? – 4-5 Gray’s Inn Square

Posted May 11th, 2020 in appeals, chambers articles, civil procedure rules, coronavirus, housing, landlord & tenant, news, practice directions, repossession by sally

‘Without, hopefully, being too flippant, the above are, essentially, the questions that the Court of Appeal will be considering tomorrow in relation to Practice Direction 51Z, in Arkin v Marshall.’

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4-5 Gray's Inn Square, 29th April 2020

Source: www.4-5.co.uk

Home Office’s denial of benefits to migrant families unlawful, court rules – The Guardian

Posted May 11th, 2020 in benefits, children, families, government departments, human rights, immigration, news by sally

‘Lawyers for an eight-year-old British boy have won a ruling that a Home Office policy denying families like his access to the welfare safety net is unlawful.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

Plans for early prisoner release shelved by government – BBC News

Posted May 11th, 2020 in coronavirus, early release, news, prisons, statistics by sally

‘Proposals to release some offenders from prison earlier than planned have been shelved by the government.’

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BBC News, 10th May 2020

Source: www.bbc.co.uk

Child Protocol in Criminal Cases – Garden Court Chambers

Posted May 11th, 2020 in chambers articles, children, coronavirus, courts, criminal justice, live link evidence, news, remote hearings by sally

‘The impact of COVID-19 and the guidance from Government to take all precautions to avoid unnecessary contact, has seen understandable and unprecedented changes to the justice system. The Lord Chief Justice has announced that, where possible, criminal hearings should take place remotely and no new jury trials can begin, causing all future trials to be postponed.’

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Garden Court Chambers, 5th May 2020

Source: www.gardencourtchambers.co.uk

Surge in stalking victims seeking help during UK lockdown – The Guardian

Posted May 11th, 2020 in coronavirus, harassment, internet, news, police, stalking, statistics by sally

‘Stalking support services and police forces have recorded a surge in perpetrators turning to online tactics to harass their victims during the coronavirus lockdown.’

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The Guardian, 8th May 2020

Source: www.theguardian.com

Coronavirus: Young offenders out of cells for 40 minutes a day – BBC News

Posted May 11th, 2020 in children, coronavirus, education, health, mental health, news, prisons, young offenders by sally

‘Children at a young offenders institution have been let out of their cells for only 40 minutes a day due to coronavirus, a report has revealed.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Coronavirus Act 2020: Does it permit mandatory vaccinations? – Garden Court Chambers

Posted May 11th, 2020 in chambers articles, coronavirus, emergency powers, medical treatment, news, statutory interpretation, vaccination by sally

‘There are multiple human rights and civil liberties implications both globally and domestically arising from the response to COVID-19 and the current crisis. Some of them are very real and concerning. Others are scaremongering and simply not true.’

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Garden Court Chambers, 1st May 2020

Source: www.gardencourtchambers.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 11th, 2020 in legislation by sally

The Victims’ Payments (Amendment) Regulations 2020

Source: www.legislation.gov.uk

Interactive remote ADR: the flexible route around the ongoing court logjam – Hardwicke Chambers

Posted May 11th, 2020 in chambers articles, coronavirus, dispute resolution, news, personal injuries, remote hearings by sally

‘It’s a welcome development, recently announced in the Law Gazette, that ABI members and various claimant firms have already signed up to an ongoing protocol adding flexibility to the way claims are handled at this time. A similar agreement has been made between the Association of Personal Injury Lawyers and Forum of Insurance Lawyers.’

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Hardwicke Chambers, 29th April 2020

Source: hardwicke.co.uk

Guy Delph: ‘Manipulative’ child rapist jailed for life – BBC News

Posted May 11th, 2020 in child abuse, children, imprisonment, indecent photographs of children, news, sentencing, sexual offences by sally

‘A “manipulative” child rapist who shared his abuse images with his uncle has been given a life sentence.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 11th, 2020 in law reports by sally

Court of Appeal (Civil Division)

X, R (on the application of) v Office for Standards In Education, Children’s Services and Skills & Anor [2020] EWCA Civ 594 (07 May 2020)

The Secretary of State for the Home Department v Devani [2020] EWCA Civ 612 (07 May 2020)

Glencairn IP Holdings Ltd & Anor v Product Specialities Inc & Ors [2020] EWCA Civ 609 (07 May 2020)

High Court (Administrative Court)

Lomax, Re [2020] EWHC 1124 (Admin) (07 May 2020)

Thomas, Re [2020] EWHC 1121 (Admin) (07 May 2020)

Bangura, Re [2020] EWHC 1122 (Admin) (07 May 2020)

Dias, Re [2020] EWHC 1123 (Admin) (07 May 2020)

Mohamed & Anor, R (on the application of) v London Borough of Waltham Forest [2020] EWHC 1083 (Admin) (07 May 2020)

OA & Ors, R (On the Application Of) v London Borough of Bexley [2020] EWHC 1107 (Admin) (07 May 2020)

High Court (Chancery Division)

Boston Trust Company Ltd v Szerelmey Ltd & Ors [2020] EWHC 1136 (Ch) (07 May 2020)

Jones v The Sky Wheels Group Ltd [2020] EWHC 1112 (Ch) (07 May 2020)

Gregory & Ors v A.R.G. (Mansfield) Ltd [2020] EWHC 1133 (Ch) (07 May 2020)

High Court (Commercial Court)

School Facility Management Ltd & Ors v Governing Body of Christ the King College & Anor [2020] EWHC 1118 (Comm) (07 May 2020)

Yoo Design Services Ltd v ILIV Reality Pte Ltd [2020] EWHC 1077 (Comm) (07 May 2020)

High Court (Family Division)

H (Deceased), Re [2020] EWHC 1134 (Fam) (07 May 2020)

A City Council v M & Ors [2020] EWHC 947 (Fam) (07 May 2020)

High Court (Patents Court)

Rockwool International A/S v Knauf Insulation Ltd [2020] EWHC 1068 (Pat) (07 May 2020)

Court (Queen’s Bench Division)

Lunat & Anor v Lunat & Anor [2020] EWHC 1128 (QB) (07 May 2020)

Sube & Anor v News Group Newspapers Ltd & Anor [2020] EWHC 1125 (QB) (07 May 2020)

Hankin v Barrington & Ors [2020] EWHC 1131 (QB) (07 May 2020)

Source: www.bailii.org