“Almost as of course”? Injunctions restraining trespass, the stay on possession claims and the decision in University College London Hospitals NHS Foundation Trust v MB – Falcon Chambers

Posted May 7th, 2020 in coronavirus, hospitals, injunctions, news, repossession, stay of proceedings, trespass by sally

‘The current coronavirus crisis has paralysed possession proceedings, by means of the general stay imposed by paragraph 2 of the new practice direction PD51Z. The decision in University College London Hospitals Foundation Trust v MB [2020] EWHC 882 (QB), in which Chamberlain J granted an injunction requiring a hospital inpatient to vacate her ward, therefore sparked surprise and comment.’

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Falcon Chambers, 23rd April 2020

Source: www.falcon-chambers.com

Working from Home during COVID-19 – Thomas More Chambers

Posted May 7th, 2020 in confidentiality, coronavirus, data protection, flexible working, health & safety, news, working time by sally

‘During these unprecedented times, working from home on a full-time basis has become the ‘new normal’. This is in stark contrast to before the coronavirus (COVID-19) pandemic began, when out of 32.6 million people in employment, only 1.7 million regularly worked from home. The change to enforced homeworking was swift and represented significant changes to the lifestyle and routines of both employers and employees, which, in turn, creates a number of legal and practical issues for employers. It is currently unknown how long homeworking will last for, or indeed if the outbreak of COVID-19 will cause a shift towards homeworking on a permanent basis.’

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Thomas More Chambers, 30th April 2020

Source: www.thomasmore.co.uk

Court upholds ban on anti-abortion poster targeting Stella Creasy – The Guardian

Posted May 7th, 2020 in abortion, freedom of expression, human rights, local government, news by sally

‘An anti-abortion campaigner who is banned from displaying a poster featuring an image of a dead foetus alongside a picture of the Labour MP Stella Creasy has failed to overturn a council order against him.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

How Should Reviewing Officers Approach the Question of Intentionality? – St Ives Chambers

Posted May 7th, 2020 in domestic violence, harassment, homelessness, housing, local government, news by sally

‘This article focusses on the approach that reviewing officers should take when deciding whether someone has made themselves intentionally homeless following the Court of Appeal’s decision in LB v London Borough of Tower Hamlets [2020] EWCA Civ 439.’

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St Ives Chambers, 29th April 2020

Source: www.stiveschambers.co.uk

Client “must not select documents” for disclosure – Litigation Futures

Posted May 7th, 2020 in disclosure, documents, news, practice directions, solicitors by sally

‘It is “fundamental” to the disclosure duties of solicitors that clients are not allowed to select relevant documents, the High Court has stressed.’

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Litigation Futures, 6th May 2020

Source: www.litigationfutures.com

Eight-year-old boy takes Home Office to court for denying family benefits – The Guardian

Posted May 7th, 2020 in benefits, children, coronavirus, immigration, judicial review, news by sally

‘An eight-year-old British boy is taking the Home Office to the high court over its policy of denying families like his access to the welfare safety net.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

W v H (Divorce Financial Remedies) [2020] EWFC B10 – Pump Court Chambers

Posted May 7th, 2020 in coronavirus, divorce, financial provision, news, pensions by sally

‘Jack Rundall considers the case of W v H (divorce financial remedies) [2020] EWFC B10 in relation to the treatment of pensions on divorce, a case which he suggests is being under-reported amongst the concerns surrounding Covid 19.’

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Pump Court Chambers, 1st May 2020

Source: www.pumpcourtchambers.com

Coronavirus: UK detention centres ’emptied in weeks’ – BBC News

Posted May 7th, 2020 in coronavirus, detention, immigration, news, statistics by sally

‘The number of people held in UK immigration removal centres has dropped by more than two thirds during the pandemic, figures reveal.’

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BBC News, 7th May 2020

Source: www.bbc.co.uk

Home Office accused of pressuring judiciary over immigration decisions – The Guardian

Posted May 7th, 2020 in bail, coronavirus, detention, immigration, judiciary, ministers' powers and duties, news, reasons by sally

‘The Home Office has been accused of interfering with the independence of the judiciary after it emerged that judges were asked to provide written explanations for a rise in the number of detainees released from immigration centres during the Covid-19 pandemic.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

BAILII: Recent Decisions

Posted May 7th, 2020 in law reports by sally

Supreme Court

Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18 (06 May 2020)

Court of Appeal (Civil Division)

Debenhams Retail Ltd, Re [2020] EWCA Civ 600 (06 May 2020)

Court of Appeal (Criminal Division)

Mustafa v The Environment Agency [2020] EWCA Crim 597 (06 May 2020)

Westwood, R v [2020] EWCA Crim 598 (06 May 2020)

High Court (Administrative Court)

Olabinjo v Westminster Magistrates Court & Anor [2020] EWHC 1093 (Admin) (06 May 2020)

Shirnakhy & Anor v Permanent Duty Director, Weiden Local Court Germany & Anor [2020] EWHC 1103 (Admin) (06 May 2020)

High Court (Commercial Court)

Super Max Offshore Holdings & Anor v Malhotra [2020] EWHC 1023 (Comm) (06 May 2020)

Trafigura Maritime Logistics PTE Ltd v Clearlake Shipping PTE Ltd [2020] EWHC 1073 (Comm) (06 May 2020)

High Court (Family Division)

Q, Re [2020] EWHC 1109 (Fam) (06 May 2020)

High Court (Queen’s Bench Division)

Nursing & Midwifery Council & Anor v Harrold [2020] EWHC 1108 (QB) (06 May 2020)

Bagshawe v The Lord Chancellor [2020] EWHC 1089 (QB) (06 May 2020)

Rippon Patel And French LLP v Mowlam [2020] EWHC 1079 (QB) (06 May 2020)

Centenary Homes Ltd v Liddell [2020] EWHC 1080 (QB) (06 May 2020)

High Court (Technology and Construction Court)

Riverside Truck Rental Ltd v Lancashire County Council [2020] EWHC 1018 (TCC) (06 May 2020)

Source: www.bailii.org

Changes to Capital Gains Tax Reliefs When Spouses and Civil Partners Separate – Pump Court Chambers

Posted May 6th, 2020 in capital gains tax, chambers articles, civil partnerships, divorce, families, married persons, news, taxation by sally

‘Among all the other changes being made to people’s financial arrangements, firstly as a result of our anticipated Brexit, and then as a result of the Covid-19 pandemic, and their concomitant impact on economies, both macro and micro, share values, savings rates and property values, it’s easy to forget that significant changes have also been made to personal tax arrangements. For those in marriages or civil partnerships who are separating, or for those who have already separated and are going through divorce or dissolution proceedings and their associated financial remedy proceedings, that includes changes to Capital Gains Tax.’

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Pump Court Chamber, 27th April 2020

Source: www.pumpcourtchambers.com

Video hearings “more likely to lead to convictions” – Legal Futures

Posted May 6th, 2020 in coronavirus, courts, criminal justice, live link evidence, news, sentencing, statistics by sally

‘Video hearings in certain criminal cases are more likely to lead to defendants receiving a prison sentence, a major study has found.’

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Legal Futures, 6th May 2020

Source: www.legalfutures.co.uk

What is a ‘relationship akin to marriage’? – Richmond Chambers

Posted May 6th, 2020 in chambers articles, civil partnerships, cohabitation, families, immigration, interpretation, marriage, married persons, news by sally

‘Under the Immigration Rules, a person who is British or Settled in the UK can bring their unmarried partner to the UK. This is sometimes referred to as a ‘partner visa’ or ‘de facto visa’. This is an option that more couples are currently considering, partly due to the ongoing restrictions around the world on wedding ceremonies due to covid-19.’

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Richmond Chambers, 1st May 2020

Source: immigrationbarrister.co.uk

Covid-19 and the courts – Radcliffe Chambers

Posted May 6th, 2020 in chambers articles, coronavirus, courts, live link evidence, news by sally

‘Covid-19 has posed a major challenge to courts around the world in maintaining the proper administration of justice. We can be very proud that the courts in the UK have already been innovative in making use of technology, using facilities such as Skype and Zoom to conduct not only contentious non-witness hearings, but even trials. This has enabled court business, at least in civil cases, to operate as close to normal as is possible. The UK courts, together with Australia and some US jurisdictions, have led the way in this respect. Even some major litigation centres, such as Hong Kong, are only now beginning to make use of technology to overcome the challenges posed by the virus.’

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Radcliffe Chambers, 29th April 2020

Source: radcliffechambers.com

Case Comment: Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11 – UKSC Blog

Posted May 6th, 2020 in appeals, banking, insurance, jurisdiction, news, statutory interpretation, Supreme Court by sally

‘In this post, Alaina Wadsworth and Sophie Newman, who both work within the insurance and reinsurance group at CMS, comment on the decision handed down by the UK Supreme Court last month in the matter of Aspen Underwriting Ltd and others v Credit Europe Bank NV [2020] UKSC 11.’

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UKSC Blog, 5th May 2020

Source: ukscblog.com

Extensions of time and adjournment of face-to-face hearings for Covid-19 reasons – Parklane Plowden Chambers

Posted May 6th, 2020 in adjournment, chambers articles, coronavirus, courts, delay, news, time limits by sally

‘In the challenging and constraining times imposed by the Covid-19 pandemic, it can be difficult to comply with case management directions. Although the parties may agree extensions of time of up to 56 days if they do not imperil a hearing date, applications continue to be necessary where the extension may impact on a court hearing.’

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Parklane Plowden Chambers, 28th April 2020

Source: www.parklaneplowden.co.uk

Barton & Booth: Clarifying the Dishonesty Test post Ivey by Paul Dormand – Broadway House Chambers

Posted May 6th, 2020 in appeals, chambers articles, deceit, fraud, interpretation, news, theft by sally

‘The decision in Barton & Booth [2020] EWCA Crim 575 brings an end to the uncertainty surrounding the test for dishonesty, and the application of the test proposed by the Supreme Court in Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67. This article will look at the departure from Ghosh, the application of the Ivey test notwithstanding its obiter status.’

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Broadway House Chambers, 1st May 2020

Source: broadwayhouse.co.uk

C19 Possession Proceedings: Current Guidance – Thomas More Chambers

Posted May 6th, 2020 in chambers articles, coronavirus, emergency powers, housing, landlord & tenant, news, repossession by sally

‘On 18 March 2020, it was announced by the government that there would be a ban on evictions for a three-month period (with effect from 27 March 2020), this has presented numerous questions to both landlords, occupiers and owners alike. Set out below is the current position in relation to action arising out of residential property occupation (commercial leases and agreements are subject to different legislative regimes).The information within this article is correct as at 26 April 2020, you are strongly advised to obtain independent legal advice if you are unsure as to your rights and obligations.’

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Thomas More Chambers, 28th April 2020

Source: www.thomasmore.co.uk

Sean Molloy: Elgizouli v Secretary of State for the Home Department: The Missing Rationality Challenge – UK Constitutional Law Association

Posted May 6th, 2020 in constitutional law, data protection, death penalty, disclosure, execution, foreign jurisdictions, government departments, judicial review, news, Supreme Court by sally

‘The long anticipated judgment in Elgizouli v Secretary of State for the Home Department was handed down by the Supreme Court on the 25th March. The Court held that it was not the common law but rather a failure by the Home Secretary to consider his duties under the Data Protection Act 2018 (DPA) that rendered the decision of the then Home Secretary- Sajid Javid- to hand over evidence to US authorities unlawful. While others have commented on the DPA aspect of this case (see here, here, and here), this post touches on the common law strand. However, rather than interrogating the Court’s decision, here I discuss the under-examined issue of rationality, arguing that the factual matrix of the case warranted a greater examination of the Home Secretary’s decision.’

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UK Constitutional Law Association, 6th May 2020

Source: ukconstitutionallaw.org

Informed Consent: Where Are We Now – Ropewalk Chambers

Posted May 6th, 2020 in appeals, chambers articles, consent, doctors, medical treatment, negligence, news, personal injuries, Supreme Court by sally

‘In Montgomery -v- Lanarkshire Health Board [2015] 1 AC 1430; [2015] UKSC 15, the Supreme Court held:

“The doctor is therefore under a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments. The test of materiality is whether, in the circumstances of the particular case, a reasonable person in the patient’s position would likely to attach significance to the risk, or the doctor is or should reasonably be aware that the particular patient would be likely to attach significance to it.”‘

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Ropewalk Chambers, 30th April 2020

Source: www.ropewalk.co.uk