‘In two recent cases, the Upper Tribunal has considered the relevance and weight to be accorded to having a British citizen child in: (i) entry clearance and (ii) deportation cases. The first will be outlined here, whilst the second will be analysed in a separate post.’
Richmond Chambers, 21st February 2020
Source: immigrationbarrister.co.uk
‘As all legal practitioners know, good experts win cases. Conversely, bad experts can not only lose cases, but sometimes they can cause a bad case to enter
or remain in existence, wasting time, effort and money. Such was the case in Thimmaya v Lancashire NHS Foundation Trust, where, in a judgment that will understandably alarm the medico-legal world, the County Court decided that a third party costs order should be made against the Claimant’s expert witness, in the sum of £88,801.68.’
Hailsham Chambers, 21st February 2020
Source: www.hailshamchambers.com
Supreme Court
Court of Appeal (Civil Division)
C (A Child : Interim Separation) [2020] EWCA Civ 257 (26 February 2020)
Chapelgate Credit Opportunity Master Fund Ltd v Money & Ors [2020] EWCA Civ 246 (25 February 2020)
Cowley v LW Carlisle & Company Ltd [2020] EWCA Civ 227 (25 February 2020)
Invamed Group Ltd & Ors v Revenue And Customs [2020] EWCA Civ 243 (25 February 2020)
High Court (Administrative Court)
Taylor v Solihull Metropolitan Borough Council [2020] EWHC 412 (Admin) (25 February 2020)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Queen’s Bench Division)
Barclay v Barclay [2020] EWHC 424 (QB) (24 February 2020)
Payroller Ltd & Ors v Little Panda Consultants Ltd & Ors [2020] EWHC 400 (QB) (21 February 2020)
Morrow v Shrewsbury Rugby Union Football Club Ltd [2020] EWHC 379 (QB) (21 February 2020)
High Court (Technology and Construction Court)
Source: www.bailii.org
‘The Court of Appeal has recently considered whether the “reasonable recipient” test in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19 applies to notices served pursuant to s8 Housing Act 1988.’
St Ives Chambers, 20th February 2020
Source: www.stiveschambers.co.uk
‘As judicial power around the world increased immensely throughout the 20th and early 21st century—to the point where judges can invalidate legitimately passed constitutional amendments, strike down signature pieces of legislation, vote to dissolve successful political parties, and exercise a host of other significant powers—the idea of holding judges to account has become more relevant than ever. And while the general rule regarding holding public power is that the more you have of it, the more you should be held to account for it, worldwide we’ve seen that this mantra doesn’t apply to the judiciary in a straightforward manner, given its possible impact on judicial independence. However, the way this balance of power developed is also deeply ironic. For a branch that makes such a large claim of holding the powerful to account, judiciaries remain firmly (and hypocritically) against holding themselves to account.’
UK Constitutional Law Association, 25th February 2020
Source: ukconstitutionallaw.org
‘In this latest Environmental Law News Update, Charles Morgan, Gordon Wignall and Natasha Hausdorff consider recent flooding events in the UK, the Tate Gallery viewing platform case and the rise in fly-tipping and organised crime.’
Six Pump Court, 19th February 2020
Source: www.6pumpcourt.co.uk
‘New UK law on oppressive behaviour in a relationship has been used successfully to persuade a recalcitrant Jewish husband to grant his wife a divorce recognisable in the religious courts: Rosalind English discusses this landmark case with Anthony Metzer QC”.’
Law Pod UK, 24th February 2020
Source: audioboom.com
‘An artist who died in a private prison told members of her family the indeterminate term she was serving was “like a death sentence”, a jury has heard.’
The Guardian, 24th February 2020
Source: www.theguardian.com
‘The case of JH v MJ concerned an appeal heard and allowed before Ms Justice Russell from HHJ Tolson, the designated family judge at the Central Family Court in London. For the avoidance of doubt that is the most senior judge at central family court with a number important roles in and oversight of the administration of family justice.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
‘Reflecting on the key legal themes of 2019 in Extradition cases, it was apparent that two issues had dominated court time in 2019; 1) prison conditions (as ever) and 2) whether Public Prosecutors are sufficiently independent to be treated as ‘Judicial Authorities’ for the purposes of the Act and the Framework Decision. Having reviewed the jurisprudence Rebecca Hill has produced a summary of key points in respect of each issue.’
5 SAH, 21st February 2020
Source: www.5sah.co.uk
‘A solicitor peer has urged the Ministry of Justice (MoJ) to act now and simplify the legal regulatory regime, saying nothing will change if it is left to the profession.’
Legal Futures, 26th February 2020
Source: www.legalfutures.co.uk
‘A High Court judge has rejected a judicial review challenge over an asserted decision of the Lord Chancellor not to extend Qualified One-Way Costs-Shifting (QOCS) to discrimination claims in the County Court and/or the failure to extend QOCS to such claims.’
Local Government Lawyer, 24th February 2020
Source: www.localgovernmentlawyer.co.uk
‘The “Magnitsky Act” is a trailblazing piece of legislation enacted by the United States. Lesley Manley looks at developments thus far in the UK and considers how the UK jurisdictions will proceed following the withdrawal from the European Union.’
Church Court Chambers, 26th February 2020
Source: churchcourtchambers.co.uk
‘In a judgment which disagreed with the recently reported decisions of Re Skeggs Beef Limited[2019] EWHC 2607 (Ch) and Re SJ Henderson and Co Ltd [2019] EWHC 2742 (Ch), HHJ Hodge QC sitting as a Judge of the High Court found:
1) Notices of Intention to Appoint Administrators (“NOI”) can be filed at any time via e-filing and take effect at the time they are filed via e-filing.
2) Directors or the Company can make out of hours appointments of Administrators by filing a Notice of Appointment (“NOA”) at any time via e-filing. The appointment will take effect at the time the documents are filed via e-filing.
3) That for the purposes of the computation of the period of 10 business days pursuant to para 28(2) of Sch.B1 of the Insolvency Act 1986, the first business day will be the business day after the date on which the NOI was filed – thus it is a ‘clear days’ calculation.’
Exchange Chambers, 20th February 2020
Source: www.exchangechambers.co.uk
‘Tim Baldwin represented the Claimant, Noelia Del Rio Sanchez a University Student, on 10th and 11th February 2020 in a successful claim for unlawful eviction from and harassment at her accommodation in Brent by her former landlord, Simple Properties Management Limited. She secured general damages, special damages, damages for harassment, aggravated and exemplary damages of over £54,000. In addition the judge, HHJ Clarke, awarded costs against the landlords on an indemnity basis and an interim payment of £24,000 towards the costs.’
Garden Court Chambers, 25th February 2020
Source: www.gardencourtchambers.co.uk
‘Rupert Choat and CMS Cameron McKenna Nabarro Olswang LLP were successful in obtaining summary judgment against Korea Development Bank (KDB) in the Technology and Construction Court on 14 February 2020. KDB was ordered to pay the full value of a demand guarantee (£8.2 million) plus interest and costs.’
Atkin Chambers, 20th February 2020
Source: www.atkinchambers.com
‘More than 1,500 people seek asylum in the UK on sexuality grounds every year.
The Home Office’s decision on whether to grant or refuse it depends on whether the interviewer finds the asylum-seeker’s account authentic and believable – but each interviewer may have his or her own assumptions about what an authentic and believable account should look like.’
BBC News, 26th February 2020
Source: www.bbc.co.uk
‘A pensioner has been put on the sex offenders’ register after taking photos up a woman’s dress while on a train.’
BBC News, 25th February 2020
Source: www.bbc.co.uk
‘Dual criminality is a concept extradition practitioners will be very familiar with. Under s64/65 or s137/138 of the Extradition Act 2003, there is a need for the conduct described within the warrant to amount to an offence within the UK. Three recent High Court decisions in this area highlight however that the issue is one which is highly fact-dependent and cannot be taken for granted in relation to any set of offences.’
5 SAH, 20th February 2020
Source: www.5sah.co.uk
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