BAILII: Recent Decisions
Court of Appeal (Civil Division)
SAS Institute Inc v World Programming Ltd [2020] EWCA Civ 599 (12 May 2020)
High Court (Administrative Court)
High Court (Chancery Division)
Koza Ltd & Anor v Koza Altin Isletmeleri AS [2020] EWHC 1092 (Ch) (12 May 2020)
Dreams Ltd v Pavilion Property Trustees Ltd & Anor [2020] EWHC 1169 (Ch) (12 May 2020)
High Court (Commercial Court)
Russian Commercial Bank (Cyprus) Ltd v Khoroshilov [2020] EWHC 1164 (Comm) (12 May 2020)
High Court (Queen’s Bench Division)
Quality Solicitors Harris Waters v Okonkwo [2020] EWHC 1168 (QB) (12 May 2020)
Barclay & Anor v Barclay & Ors (No 2) [2020] EWHC 1180 (QB) (07 May 2020)
Source: www.bailii.org
Chagos islanders’ exile is ongoing breach of human rights, court told – The Guardian
‘Denying exiled Chagos islanders the right to return to their homes on the Indian Ocean archipelago is a continuing breach of their human rights and not just a historical injustice, the court of appeal has been told.’
The Guardian, 12th May 2020
Source: www.theguardian.com
“Repugnant to Ordinary Notions of Fairness”? The Crime of Leaving Your House – The 36 Group
‘On a sunny afternoon in April 2020, a couple sit on the grass in Finsbury Park, North London. A police officer approaches them. A month later, they plead Not Guilty at Highbury Corner Magistrates’ Court to an offence of Leaving/Being Outside Home Without Reasonable Excuse, contrary to Regulations 9(1) and 6(1) of the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (as amended). Two months later, they attend court again for trial.’
The 36 Group, 24th April 2020
Source: 36group.co.uk
Judge questions coronavirus case against ‘homeless’ London man – The Guardian
‘A judge has questioned the Crown Prosecution Service’s decision to charge a man who said he was homeless with allegedly breaching coronavirus regulations by leaving “the place where he was living”.’
The Guardian, 12th May 2020
Source: www.theguardian.com
Immigration Law Update May 2020 – 4 King’s Bench Walk
‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’
4 King's Bench Walk, 5th May 2020
Source: www.4kbw.co.uk
Disability discrimination when shielded during Covid-19 – 1MCB
‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’
1MCB, May 2020
Source: 1mcb.com
Not Arkin any more – Nearly Legal
‘This is the Court of Appeal judgment in the appellant’s challenge to the lawfulness, extent and effect of the stay of Part 55 possession proceedings until 25 June 2020 under Practice Direction 51Z.’
Nearly Legal, 11th May 2020
Source: nearlylegal.co.uk
Rights & Wrongs? Standard of proof in dishonesty cases considered by the Court of Appeal – Hardwicke Chambers
‘The standard of proof in dishonesty cases: simple to state, difficult to apply. In Bank St Petersburg PJSC v Arkhangelsky [2020] EWCA Civ 408 the difficulty led the Court of Appeal to reverse an experienced High Court judge’s dismissal of a counterclaim. The matter was remitted after a 46 day trial spread over 6 months in 2016, 22 months waiting for a 388 page judgment and nearly 2 years waiting for the Court of Appeal decision on 18 March 2020. Jack Dillon and Amy Held consider the implications.’
Hardwicke Chambers, 10th May 2020
Source: hardwicke.co.uk
Why is the “illegality” defence back in the spotlight? – 4 New Square
‘It is not uncommon for defendants to professional negligence claims to argue that the claimant should be barred from recovering damages because his or her cause of action is tarred by illegality. However, over recent years, the law has taken a variety of approaches to when illegality will provide a defence. With the issue about to come before the Supreme Court again, Helen Evans and Ian McDonald of 4 New Square explain.’
4 New Square, 4th May 2020
Source: www.4newsquare.com
Is the law of vicarious liability still ‘on the move’? Barclays Bank plc v Various Claimants [2020] UKSC 13 – 3PB
‘The 126 claimants in this case were all employees of Barclays Bank who, at the start of their employment between the late 1960s and early 1980s, were required to undergo a medical examination. Examinations were carried out by Dr Bates (now deceased), a general practitioner who was not an employee of the Bank but engaged as an independent contractor to provide this service, and did so at his home. The Claimants alleged that they were sexually assaulted by Dr Bates while undergoing this examination and brought a group action against the Bank for compensation. A preliminary issue was whether Barclays could be vicariously liable for his actions.’
3PB, May 2020
Source: www.3pb.co.uk
Business Interruption Insurance Claims arising from COVID-19 – 3PB
‘Businesses across the country remain shut down and face mounting losses affecting not just cash-flow, but their very survival.’
3PB, 28th April 2020
Source: www.3pb.co.uk
School fails in Court of Appeal bid to have Ofsted report quashed – Local Government Lawyer
‘The Court of Appeal has dismissed a bid by a state-funded secondary school in the north of England to have an adverse Ofsted report quashed.’
Local Government Lawyer, 11th May 2020
Source: www.localgovernmentlawyer.co.uk
Dishonesty: Barton & Booth v The Queen – Pump Court Chambers
‘Barton & Booth-v-The Queen [2020] EWCA Crim 575. The Court of Appeal considers whether the new definition of ‘dishonesty’ given by the Supreme Court in the case of Ivey v Genting Casinos (UK) (trading as Cockfords Club) [2017] UKSC 67 applies in criminal cases.’
Pump Court Chambers, 30th April 2020
Source: www.pumpcourtchambers.com
Harry Dunn crash: Anne Sacoolas extradition refusal ‘final’ – BBC News
‘The US has said its decision to refuse an extradition request for Harry Dunn’s alleged killer was final.’
BBC News, 12th May 2020
Source: www.bbc.co.uk
Case Preview: Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) v Dorset Healthcare University NHS Foundation Trust – UKSC Blog
‘The claimant had a long history of mental health difficulties arising from her diagnosis of paranoid schizophrenia. Following a period spent in hospital detention, the claimant received outpatient psychiatric treatment. During this time, her condition deteriorated and she stabbed her mother to death while experiencing a serious psychotic episode. She was charged with murder and pleaded guilty to manslaughter by reason of diminished responsibility. An independent investigation found that failings by the Trust in her care and treatment meant that a serious incident of some kind was foreseeable based on her behaviour in previous psychotic episodes. The Trust admitted liability to the effect that the claimant’s mother would not have been killed but for its breaches of duty in failing to respond adequately to the claimant’s deterioration in mental health.’
UKSC Blog, 11th May 2020
Source: ukscblog.com
Digital Contact Tracing Updates from the Human Rights Committee – UK Human Rights Blog
‘The Human Rights Committee, reviewing NHSX’s current digital contact tracing app architecture, has recommended that the government’s current privacy assurances are not sufficient to protect data privacy and that legislation must be passed to ensure that. This echoes Professor Lilian Edwards’ call for primary legislation to ensure privacy rights are protected. These recommendations are given special significance NHSX’s choice to adopt the controversial and arguably less secure “centralised” model.’
UK Human Rights Blog, 11th May 2020
Source: ukhumanrightsblog.com
Trade marks – Sky v Skykick, The Final Chapter – NIPC Law
‘On 23 May 2016 Sky PLC and its subsidiaries Sky AG and Sky UK Ltd. (“Sky”) issued proceedings against Skykick UK Ltd and Skykick Inc.(“Skykick”) for infringement of their EU and UK trade marks and passing off. Skykick denied infringement and passing off and counterclaimed for declarations that the trade marks were wholly or partially invalid on the grounds that the specified goods and services were unclear and imprecise and the applications for those trade marks had been made in bad faith.’
NIPC Law, 9th May 2020
Source: nipclaw.blogspot.com
Families sue UK government over ‘little or no education’ for their children – The Guardian
‘Four families who say their children have received “little or no” education since schools in England were closed to most pupils have started legal action against the government.’
The Guardian, 7th May 2020
Source: www.theguardian.com
