BAILII: Recent Decisions
Court of Appeal (Civil Division)
The Rank Group Plc v Revenue And Customs [2020] EWCA Civ 550 (24 April 2020)
Bains v Arunvill Capital Ltd & Anor [2020] EWCA Civ 545 (23 April 2020)
XDE v North Middlesex University Hospital NHS Trust [2020] EWCA Civ 543 (23 April 2020)
Court of Appeal (Criminal Division)
Dines & Ors v Director of Public Prosecutions [2020] EWCA Crim 552 (23 April 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Edgeworth Capital (Luxembourg) S.A.R.L. & Anor v Maud [2020] EWHC 974 (Ch) (24 April 2020)
Gregory v H J Haynes Ltd [2020] EWHC 911 (Ch) (24 April 2020)
High Court (Commercial Court)
Towergate Financial (Group) Ltd & Ors v Hopkinson & Ors [2020] EWHC 984 (Comm) (24 April 2020)
High Court (Patents Court)
Akebia Therapeutics Inc v Fibrogen, Inc [2020] EWHC 866 (Pat) (20 April 2020)
High Court (Queen’s Bench Division)
Lenord v First Manchester Ltd [2020] EWHC 982 (QB) (24 April 2020)
Capital Funding One Ltd v Esqulant & Anor [2020] EWHC 981 (QB) (24 April 2020)
Riley v Murray [2020] EWHC 977 (QB) (24 April 2020)
Peck Williams Trade Supplies Ltd & Ors [2020] EWHC 966 (QB) (23 April 2020)
High Court (Technology and Construction Court)
2 Entertain Video Ltd & Ors v Sony DADC Europe Ltd [2020] EWHC 972 (TCC) (24 April 2020)
Source: www.bailii.org
Non-jury trials could help clear coronavirus backlog, says QC – The Guardian
‘Defendants should be allowed to opt for trial by judge rather than in front of a jury, a prominent human rights lawyer has proposed, as a means of partially restarting the criminal justice system.’
The Guardian, 26th April 2020
Source: www.theguardian.com
COVID-19 and Immigration Bail Applications – One Pump Court
‘Whilst the current pandemic has affected us all, those in detention are impacted in particularly harmful ways. Visits to immigration removal centres have been suspended, and those with COVID-19 symptoms are effectively placed in solitary confinement. The Council of Europe’s Commissioner for Human Rights has called for immigration detainees to be released, as many States have had to suspend removals and it is unclear when these might be resumed. The primary goal of immigration detention is to effect removal, and so continued detention as such may seem arbitrary.’
One Pump Court, 21st April 2020
Source: onepumpcourt.co.uk
Do business tenants prevented from trading have a remedy under the Human Rights Act 1998? – Falcon Chambers
‘On 20 April 2020, the Hospitality Union wrote a letter to the Chancellor of the Exchequer asking for a “National Time Out” under which there would be a nine-month national payment pause granted to business tenants. This would be “a crucial period of payment postponement when commercial rents, and the debt and interest payments secured on those premises, are pushed to the back end of leases and term loans.”’
Falcon Chambers, 23rd April 2020
Source: www.falcon-chambers.com
COVID-19 and Prisons: The Coronavirus Restricted Temporary Release Scheme, Pregnant Prisoners and Children in Custody – One Pump Court
‘COVID-19 is a dangerous reality for prisoners. As of 18 April 2020, confirmed cases of COVID-19 have been reported in over half of prisons in England and Wales. There have been 13 suspected COVID-19 deaths among prisoners[1]. Amongst this wider concern, those who are pregnant and children in custody may be particularly anxious during this unprecedented time.’
One Pump Court, 21st April 2020
Source: onepumpcourt.co.uk
Insolvency Administrations Under the Coronavirus Lockdown – Thomas More Chambers
‘Insolvency administrators often like to compare their salvage missions to the activity of fungi in recycling dying matter. Administrators, like fungi, earn a living by grappling with the products of decay, taking apart dying businesses and, where possible, identifying, reconstituting and revivifying the most promising bits.’
Thomas More Chambers, 20th April 2020
Source: www.thomasmore.co.uk
Sign of the times: Debenhams Retail Ltd (in administration): Administrators and furlough arrangements – Exchange Chambers
‘It is a sign of the times that there have been two urgent applications to the High Court of Justice for directions by administrators in respect of furlough arrangements in the course of one week. Each application has concerned high profile companies employing vast numbers of people. The financial implications of the issues before the court in each case are significant for both employees and administrators.’
Exchange Chambers, 22nd April 2020
Source: www.exchangechambers.co.uk
Seeking Settlement as a Victim of Domestic Violence During the COVID-19 Pandemic- One Pump Court
‘Covid-19 has created various worries and struggles for society. It has however been a particularly difficult time for victims of domestic violence.’
One Pump Court, 21st April 2020
Source: onepumpcourt.co.uk
Solicitor’s Duty When Redacting Documents: Infederation Ltd v Google LLC [2020] EWHC 657 (Ch) – Blackstone Chambers
‘It is often the case that documents that must be disclosed in proceedings contain confidential information. Clients are understandably concerned to take all appropriate steps to safeguard the confidentiality of disclosed documents. This is particularly the case where the purpose of the proceedings is the protection of confidential information, such as the enforcement of a non-compete restrictive covenant or duty of confidence. The courts have recognised a number of legitimate techniques to limit the disclosure of confidential information in such circumstances. These include confidentiality rings and the redaction of documents. Both were considered in the recent case of Infederation v Google in which the High Court gave important guidance to solicitors in their approach to redaction of documents on grounds of confidentiality.’
Blackstone Chambers, 21st April 2020
Source: www.employeecompetition.com
Solicitor “dipped into” divorce client’s funds – Legal Futures
‘A solicitor who “dipped into” a divorce client’s money, repeatedly lied about it and warned her not to complain to the Solicitors Regulation Authority (SRA) or Legal Ombudsman (LeO) has been struck off.’
Legal Futures, 24th April 2020
Source: www.legalfutures.co.uk
IFLA Children Scheme: Binding Decisions With Minimal Delay – Pump Court Chambers
‘Following the successful launch and running of the financial remedy and property arbitration scheme set up by Institute of Family Law Arbitrators (IFLA)[1] in February 2012, in July 2016 IFLA commenced the Children Scheme. Its aim is to provide parties with an alternative to Court, and is particularly useful when a dispute has reached the point that mediation is likely to be ineffective and where a neutral third party needs to make a decision as to what is in the child’s best interests in a particular circumstance.’
Pump Court Chambers, 21st April 2020
Source: www.pumpcourtchambers.com
COVID 19 and Business Interruption Insurance – Hailsham Chambers
‘Given the scale of the damage to the UK economy which the pandemic continues to cause, it is unsurprising that a large number of claims has already arisen. We can expect considerable litigation, not least because individual claims will turn on their particular facts and the precise policy wording employed. Further, the problems associated with these claims place a spotlight on the potential liability of brokers. Nonetheless, certain general points and themes can be discussed at a high level.’
Hailsham Chambers, April 2020
Source: www.hailshamchambers.com
Medical Experts: Expert Neuropsychology Assessments for the Courts During COVID-19 – Coronavirus: Guidance for Lawyers and Businesses
‘The issue of medical experts examining claimants and reporting to the courts during the Covid-19 crisis is a difficult one. Here Consultant Neuropsychologist Daniel Friedland provides some guidance.’
Coronavirus: Guidance for Lawyers and Businesses, 23rd April 2020
COVID 19: Revisiting Frustration in the Context of Leases – New Square Chambers
‘Sweeping and unprecedented rules, previously unimaginable, have been enacted by the Government to delay the spread of the 2020 COVID-19 pandemic. Taken together, these changes constitute the most restrictive and draconian laws imposed in England since the Second World War. In particular, The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’) were enacted on 26 March 2020 by the Secretary of State for Health and Social Care, Matt Hancock. These Regulations impose severe restrictions mandating the closure of certain types of businesses alongside prohibitions on freedom of assembly and freedom of worship.’
New Square Chambers, 20th April 2020
Source: www.newsquarechambers.co.uk
Portal’s Eve – Littleton Chambers
‘On the eve [19 April] of the Scheme going live, David Reade QC and Daniel Northall examine the uncertainties that persist.’
Littleton Chambers, 19th April 2020
Source: littletonchambers.com
What is the Home Office not telling us? – Doughty Street Chambers
‘How can the Home Office be prevented from withholding important information in immigration appeals?’
Doughty Street Chambers, 23rd April 2020
Source: insights.doughtystreet.co.uk
Account Forfeiture and Freezing Orders (AFFO’s) in the Pandemic – Drystone Chambers
‘As happens at times of crisis, fraud rises and criminals attempt to take advantage of people’s fears. The situation in the current crisis is made even worse by the fact that the police have other major demands on their time and the courts capacity to deal with matters is severely limited.’
Drystone Chambers, April 2020
Source: drystone.com
Whistleblowers: A Novel Approach – Cloisters
‘Daphne Romney QC and Schona Jolly QC consider the recent High Court judgment in Rihan v Ernst & Young Global Ltd & others [2020] EWHC 901 (QB), which provides an interesting new angle for employment, international and commercial lawyers whose clients are not entitled to the statutory whistleblowing protection embedded within the Employment Rights Act 1996. Whilst the reach of the new duty of care is likely to be limited to very specific situations, it imposes a new duty of care on employers to protect against economic loss, in the form of loss of future employment opportunity, by providing an ethically safe work environment, free from professional misconduct (or indeed criminal conduct) in a professional setting.’
Cloisters, 21st April 2020
Source: www.cloisters.com
