BAILII: Recent Decisions

Posted May 20th, 2020 in law reports by tracey

High Court (Administrative Court)

Zapalsksis v Prosecutor General’s Office (Republic of Lithuania) [2020] EWHC 1267 (Admin) (19 May 2020)

High Court (Chancery Division)

Sara & Hossein Asset Holdings Ltd v Blacks Outdoor Retail Ltd [2020] EWHC 1263 (Ch) (19 May 2020)

Stubbins Marketing Ltd v Stubbins Food Partnerships Ltd & Ors [2020] EWHC 1266 (Ch) (19 May 2020)

High Court (Commercial Court)

Nitron Group BV v Nitron Group BV & Ors [2020] EWHC 1244 (Comm) (19 May 2020)

GFH Capital Ltd v Haigh & Ors [2020] EWHC 1269 (Comm) (19 May 2020)

High Court (Queen’s Bench Division)

Riley & Anor v Heybroek [2020] EWHC 1259 (QB) (19 May 2020)

Bannister (Estate of) v Freemans Public Ltd Company [2020] EWHC 1256 (QB) (19 May 2020)

Wells v Full Moon Events Ltd (t/a Dave Thorpe Honda Off-Road Centre) & Anor [2020] EWHC 1265 (QB) (19 May 2020)

Zenith Insurance Plc v LPS Solicitors Ltd [2020] EWHC 1260 (QB) (19 May 2020)

Source: www.bailii.org

“Project Restart” or a false start: can professional sports clubs compel their players to return to the pitch and waive health and safety liability? – Littleton Chambers

Posted May 20th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news, sport by sally

‘As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.’

Full Story

Littleton Chambers, 14th May 2020

Source: littletonchambers.com

Anxiety among aspiring solicitors has “skyrocketed” – Legal Futures

Posted May 20th, 2020 in charities, coronavirus, mental health, news, paralegals, solicitors, statistics by sally

‘Anxiety among aspiring solicitors has “skyrocketed” as a result of the Covid-19 crisis, a survey has found, with 75% of trainees and paralegals expecting it to lead to “significant job losses at my level of seniority”.’

Full Story

Legal Futures, 20th May 2020

Source: www.legalfutures.co.uk

Anthony Grainger shooting: Body cameras to be worn by all armed officers – BBC News

Posted May 20th, 2020 in firearms, inquiries, news, police, professional conduct, video recordings by sally

‘Body cameras must now be worn by all specialist firearms officers after a man was shot dead by police.’

Full Story

BBC News, 19th May 2020

Source: www.bbc.co.uk

Max and Keira’s Law: Mum ‘blown away’ by organ transplant legacy – BBC News

Posted May 20th, 2020 in bills, consent, news, organ transplants by sally

‘The mother of a girl who helped inspire a new law making all adults in England potential organ donors has said she is “blown away” by her daughter’s legacy.’

Full Story

BBC News, 20th May 2020

Source: www.bbc.co.uk

Supreme Court rejects appeal bid by Welsh Ministers over s.73 permissions ruling – Local Government Lawyer

Posted May 20th, 2020 in appeals, local government, news, planning, Supreme Court, Wales by sally

‘The Supreme Court has refused the Welsh Ministers’ application for permission to appeal a ruling that s.73 permissions cannot alter the description of development, it has been reported.’

Full Story

Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

Female barristers warn of “disproportionate attrition” during Covid-19 – Legal Futures

‘Female barristers have urged the courts and chambers to take action to avoid the coronavirus crisis leading to “further and disproportionate attrition of women from the Bar”.’

Full Story

Legal Futures, 20th May 2020

Source: www.legalfutures.co.uk

Ayshea Megyery summarises recent cases and research in respect of the impact of COVID-19 in the family courts – Park Square Barristers

‘Whether a case proceeds by remote hearing must be decided on the sometimes competing factors of the individual case. However, pushing forward to achieve remote hearings must not be at the expense of a fair and just process. The decision of the President distils a number of key principles to be borne in mind. Just because a matter can be heard remotely does not mean it must be. In this case the delay in proceedings was outweighed by the fact that the hearing could not be properly or fairly conducted without the physical presence of the mother before the judge in the courtroom. As a result of that decision, the President re-listed the matter until such time that the restrictions relating to Covid-19 are lifted.’

Full Story

Park Square Barristers, 14th May 2020

Source: www.parksquarebarristers.co.uk

Grenfell Tower Inquiry on hold until July at earliest amid coronavirus pandemic – BBC News

Posted May 20th, 2020 in accidents, coronavirus, delay, fire, housing, inquiries, news by sally

‘The Grenfell Tower Inquiry will not resume until July at the earliest, organisers have said.’

Full Story

BBC News, 19th May 2020

Source: www.bbc.co.uk

Unconvicted terrorism suspects face indefinite controls under UK bill – The Guardian

‘Terrorism suspects who have not been convicted of any offence face expanded and potentially never-ending measures to control their lives under proposed counter-terrorism laws unveiled by the UK government.’

Full Story

The Guardian, 20th May 2020

Source: www.theguardian.com

First academic to become Supreme Court judge to be sworn in at closed ceremony next month – Local Government Lawyer

Posted May 20th, 2020 in judges, news, Supreme Court by sally

‘The first Justice of the Supreme Court to be appointed direct from academia, Professor Andrew Burrows, will be sworn in at a closed ceremony on 2 June, it has been announced.’

Full Story

Local Government Lawyer, 19th May 2020

Source: www.localgovernmentlawyer.co.uk

ABE 2016/19 has gone AWOL – Counsel

‘Shortcomings and legal anachronisms: how can we achieve best evidence if current guidance is dangerously out of date on the law on special measures? asks Laura Hoyano.’

Full Story

Counsel, May 2020

Source: www.counselmagazine.co.uk

Barrister in libel battle with TV personalities – Legal Futures

Posted May 20th, 2020 in barristers, defamation, internet, news by sally

‘Comments about TV stars Rachel Riley and Tracy-Ann Oberman made in an article retweeted by a London barrister were defamatory, the High Court has ruled in a preliminary hearing.’

Full Story

Legal Futures, 19th May 2020

Source: www.legalfutures.co.uk

Up to 1,500 English primary schools to defy 1 June reopening plan – The Guardian

‘Up to 1,500 primary schools in England are expected to remain closed on 1 June after a rebellion by at least 18 councils forced the government to say it had no plans to sanction them.’

Full Story

The Guardian, 19th May 2020

Source: www.theguardian.com

FCA instructs City giant to run BI insurance test cases – Litigation Futures

Posted May 20th, 2020 in coronavirus, financial services ombudsman, insurance, news by sally

‘The Financial Conduct Authority (FCA) has instructed City giant Herbert Smith Freehills for the test cases it intends to run on whether business interruption (BI) insurance covers the coronavirus pandemic.’

Full Story

Litigation Futures, 18th May 2020

Source: www.litigationfutures.com

Watchdog reveals 8.8m attempts to access online child abuse in April – The Guardian

‘Nearly 9m attempts to access child sexual abuse material online were made in the UK last month during the coronavirus lockdown, according to an internet watchdog.’

Full Story

The Guardian, 20th May 2020

Source: www.theguardian.com

Getting the Court to Hear Your Case During the Pandemic – 3PB

Posted May 19th, 2020 in adjournment, coronavirus, county courts, lists, news, remote hearings by sally

‘The county court has responded rapidly to the sudden and unprecedented change to its working practices. However, the move to remote hearings has brought a marked decline in the retention of existing listings. Many litigants have found their hearings adjourned by the court even when those hearings were, on the face of it, suitable for hearing remotely.’

Full Story

3PB, 12th May 2020

Source: www.3pb.co.uk

A Welcome Restriction on the Jurisdiction to Issue Community Protection Notices? by Emma Downing – Broadway House Chambers

‘Within the Youth Court the principles of parental engagement, involvement and where necessary responsibility are all well-established.’

Full Story

Broadway House Chambers, 11th May 2020

Source: broadwayhouse.co.uk

COVID-19 : a murderous virus? – Church Court Chambers

Posted May 19th, 2020 in causation, coronavirus, murder, news, prosecutions, unlawful killing by sally

‘Notwithstanding the seriousness of the coronavirus (COVID-19) pandemic and a global effort to fight the same, some individuals have taken it upon themselves to exacerbate the horror of the virus by spitting at others, purporting to have coronavirus. The Criminal Justice System is sadly accustomed to dealing with offences that involve threats to spread disease via bodily fluids; these offenders are often seeking to cause psychological terror and harm, rather than physical harm. However in circumstances such as this, the immediate psychological fear caused by the concern that the victim may have contracted the virus, may then be sadly outweighed by the pain and suffering of contracting the virus and subsequent death.’

Full Story

Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Planning for the Future – 39 Essex Chambers

Posted May 19th, 2020 in chambers articles, coronavirus, news, planning by sally

‘There has been a determined effort by Ministers and much of government to keep the planning system going during the coronavirus crisis. The ability to carry out development is one of the means of maintaining jobs and restoring the economy as the country comes out of lockdown.’

Full Story

39 Essex Chambers, 14th May 2020

Source: www.39essex.com