BAILII: Recent Decisions
High Court (Family Division)
I and L (Children), Re [2020] EWHC 893 (Fam) (15 April 2020)
Source: www.bailii.org
The Mayor and Commonality and Citizens of the City of London v Various Leaseholders of Great Arthur House [2019] UKUT 341 (LC) – Tanfield Chambers
‘The Upper Tribunal determined, by reference to the interpretation of the specific terms of various “Right to Buy” leases, whether the leaseholders were liable to contribute to the landlord’s costs of repairing structural defects.’
Tanfield Chambers, 2nd April 2020
Source: www.tanfieldchambers.co.uk
Sports Clubs in the Lurch? Considering the Eligibility of Players for Government’s Furlough Scheme – Littleton Chambers
‘The restrictive measures imposed in an attempt to curb the spread of Covid-19 are creating an unprecedented and often existential challenge for businesses across the globe, and sports clubs are no exception. Indeed, given the suspension of almost all sports, sports clubs are amongst the worst hit, as most sources of revenue dry up including (depending on where they fall within the pyramid) ticket sales, subs, and revenue gained from hiring out venues for concerts, conferences and other private events.’
Littleton Chambers, 6th April 2020
Source: www.littletonchambers.com
Amendments to statements of case and the rule in Henderson v Henderson – Wilberforce Chambers
‘Is it possible to resist an application to amend on the grounds that the new case could and should have been advanced earlier in the same proceedings?’
Wilberforce Chambers, 14th April 2020
Source: www.wilberforce.co.uk
Prosecuting Domestic Violence – New Law Journal
‘On Saturday 15 February, Caroline Flack’s tragic death became widespread news across the country. Having been charged with common assault of her boyfriend, Lewis Burton, she pleaded not guilty on 23 December last year and was due to face trial on 4 March. On the same day that she took her life, a statement from Ms Flack’s management strongly criticised the Crown Prosecution Servce (CPS) for pursuing the case, citing its knowledge of her vulnerability and the lack of support from the alleged victim.’
New Law Journal, 26th March 2020
Source: www.newlawjournal.co.uk
Implications of Coronavirus for UK Spouse Visas – Richmond Chambers
‘The Coronavirus and Covid-19 disease are causing a devastating effect across the world. The situation can be especially stressful for individuals who are separated from family members or for those who are worried that their partner may be separated from them if an application to remain in the UK is refused. In this post we will look at some of the key issues that individuals applying to remain with spouses and partners might need to consider in the coming months.’
Richmond Chamber, 7th April 2020
Source: immigrationbarrister.co.uk
Police Powers Under the 2020 Coronavirus Act by Stephen Wood QC – Broadway House Chambers
‘A woman is arrested for loitering at a railway station and ‘prosecuted’ under the Coronavirus Act 2020. The prosecution do not oppose her appeal against conviction to the Crown Court on the basis that she had been prosecuted for an offence not known in law.’
Broadway House Chambers, 14th April 2020
Source: broadwayhouse.co.uk
The Coronavirus Job Retention Scheme – An Overview – Doughty Street Chambers
‘On 20th March 2020, HMRC announced that it would set up the Coronavirus Job Retention Scheme. The purpose of the scheme is to prevent mass redundancies and unemployment in the wake of the global coronavirus pandemic. On 26th March 2020, HMRC published further guidance on the scheme. The guidance was then updated on 4th April 2020 and again on 9th April 2020.’
Doughty Street Chambers, 14th April 2020
Source: insights.doughtystreet.co.uk
Coronavirus (COVID-19)—Changes to the Care Act 2014 – 39 Essex Chambers
‘Siân Davies, barrister at 39 Essex Chambers, discusses the Care Act easements, provided for under the Coronavirus Act 2020. She examines the guidance for local authorities on when it is appropriate to use the Care Act easements, emphasises the information that should be given to those being assessed and debates what changes to safeguarding policies may occur during the relaxation period. She also analyses the relationship between the Care Act easements guidance and the Hospital Discharge Service Requirements.’
39 Essex Chambers, 7th April 2020
Source: www.39essex.com
Chris Packham to seek permission to appeal dismissal of HS2 challenge – Local Government Lawyer
‘Broadcaster Chris Packham is to seek permission to appeal a Divisional Court ruling that dismissed his review challenge over the Transport Secretary’s decision to continue with the HS2 rail project.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
Serious sexual offences involving Medical professionals: Catherine Silverton shares 18 years’ of trial experience – Park Square Barristers
‘Sexual allegations can be distinguished from criminal allegations of other types by virtue of often being prosecuted purely on the basis of one person’s word. There are invariably no witnesses to the interaction between the Complainant and Defendant during which the alleged offence is said to have been committed. There is very rarely any physical or scientific evidence capable of proving or refuting the allegation. No circumstantial evidence. No technological evidence. Sexual allegations are increasingly made weeks, months or even years after the alleged event, by which time delay has frayed memories on all sides which leaves nothing but word against word.’
Park Square Barristers, 7th April 2020
Source: www.parksquarebarristers.co.uk
Man wrongly convicted under coronavirus law, Met police admit – The Guardian
‘A 21-year-old man has been wrongly convicted under coronavirus laws, the Metropolitan police have admitted, as concerns grow over the use of emergency powers.’
The Guardian, 14th April 2020
Source: www.theguardian.com
Making Remote Hearings Work – St John’s Chambers
‘A broad experience is building up among advocates with the use of remote hearings. Although many courts are still using telephone links (and for many litigants who do not have access to more sophisticated technology, this will remain the default medium) the use of video links is becoming more of a normal experience.’
St John's Chambers, 8th April 2020
Source: www.stjohnschambers.co.uk
Family President to hold two-week rapid consultation on use of remote hearings in family justice – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has launched a two-week rapid consultation on the use of remote hearings in the family justice system.’
Local Government Lawyer, 14th April 2020
Source: www.localgovernmentlawyer.co.uk
Interim Separation During Proceedings – Becket Chambers
‘We have all experienced cases, especially when representing a young mother who has been placed with the child, often a first child and a baby, in a mother and baby foster placement and that placement has broken down for a variety of different reasons.’
Becket Chambers, 9th April 2020
Source: becket-chambers.co.uk
Councils face legal action over access to education during lockdown – Local Government Lawyer
‘The Good Law Project is to take legal action against councils over access to education by children from low income families during the lockdown.’
Local Government Lawyer, 9th April 2020
Source: www.localgovernmentlawyer.co.uk
El Gizouli: Mutual Legal Assistance Meets Data Protection – Oxford Human Rights Hub
‘On 25 March 2020, the UK Supreme Court issued R (El Gizouli) v Secretary of State for the Home Department [2020] UKSC 10. Due to the COVID-19 global pandemic, this was the court’s first judgment to be handed down remotely. It confirmed the importance of data protection laws to international transfers of personal information for law enforcement purposes and may have even broader ramifications.’
Oxford Human Rights Hub, 13th April 2020
Source: ohrh.law.ox.ac.uk
