Thoughts on financial regulation in the time of Covid-19 – 11 KBW
‘This note sets out some thoughts and information on the current crisis.’
11 KBW, 19th March 2020
Source: www.11kbw.com
Wiltshire woman jailed for smuggling crystal meth in dolls – BBC News
‘A woman who helped smuggle crystal meth with a street value of nearly £1m into the UK disguised as dolls and coffee beans has been jailed.’
BBC News, 19th March 2020
Source: www.bbc.co.uk
Jhuti in the context of unfair dismissal proceedings – 3PB
‘The Claimant (“C”), at the time of his dismissal, had worked for the Respondent (“R”) for a number of years and was employed as a Deputy Team Leader in the family intervention programme. He had been seconded however to a role within the Acton Team as a Support Worker. The complainant, referred to in the Judgment as “SR”, was a university student who was undertaking a 3-month work placement with R within the Ealing Team. She had shadowed C on 2 occasions but wasn’t mentored or supervised by him.’
3PB, 2nd March 2020
Source: www.3pb.co.uk
Parental Alienation: An Example Where The Alienator Succeeds and Guidelines As to How to Minimise it Happening – Becket Chambers
‘The case of Re A (Children) (Parental Alienation) 2019 EWFC demonstrates clearly the shortcomings of the Family Court to ensure that all children, wherever possible, enjoy a relationship with both of his or her parents. The position of the courts with regard to ordering no direct contact with the absent parent, is that it is a very serious step to take, and should only be taken where it is plainly not in the welfare best interests of the child.’
Becket Chambers, 2nd March 2020
Source: becket-chambers.co.uk
Court of Appeal finds for council in dispute over false statement and social housing – Local Government Lawyer
‘A false statement given in support of an application for social housing can invalidate a tenancy even if it was not directly determinative of the decision to grant it, the Court of Appeal has ruled.’
Local Government Lawyer, 19th March 2020
Source: www.localgovernmentlawyer.co.uk
Ava-May Littleboy: No safety procedure in place, finds jury – BBC News
‘An inquest jury has criticised the safety management of an inflatable trampoline which exploded and threw a three-year-old girl to her death.’
BBC News, 19th March 2020
Source: www.bbc.co.uk
R (Christie Elan-Cane) v Secretary of State for the Home Department – Blackstone Chambers
‘The Court of Appeal has handed down judgment in an appeal brought by a non-gendered person, Christie Elan-Cane, challenging the Government’s policy not to issue non gender-specific “X” passports to non-gendered, non-binary and other trans persons who do not identify as, or exclusively as, male or female.’
Blackstone Chambers, 10th March 2020
Source: www.blackstonechambers.com
Further Lessons from Lehman Bros: The Court’s Control of Office Holders – Hardwicke Chambers
‘When major financial institutions go to the wall the ensuing legal squabbles over the carcases often provide rich seams that can be mined to provide judicial clarification of the law for the benefit of all. The spectacular collapse of the Lehman Brothers empire is no exception and the latest chapter does not disappoint. In Lehman Brothers Australia Ltd (In Liquidation) v Macnamara & Ors (Joint Administrators of Lehman Brothers International (Europe) (In Administration)) [2020] EWCA Civ 321, the Court of Appeal (Patten, David Richards, Newey LJJ) has provided some timely and useful clarification on the correct test for the court to apply when considering the exercise of its inherent jurisdiction to control its officers within the principle of Re Cordon, Ex p. James (1873-74) LR 9 Ch App 609 or through the more specifically targeted statutory provisions for such control, as for example those in para 74 of Schedule B1 to the Insolvency Act 1986 (IA 1986) with regard to administrators. In the present climate induced by Coronavirus (COVID-19), any clarity that makes the necessity of going to court less likely is to be doubly welcomed.’
Hardwicke Chambers, 17th March 2020
Source: hardwicke.co.uk
Employment Tribunal awards whistleblowing doctor £857,000 – Local Government Lawyer
‘A doctor who lost his job after making whistleblowing disclosures has been awarded more than £857,000 by an Employment Tribunal.’
Local Government Lawyer, 19th March 2020
Source: www.localgovernmentlawyer.co.uk
‘Miss Hitler’ and three others guilty of National Action membership – BBC News
‘A “Miss Hitler” contest entrant and her ex-partner have been convicted of being members of the banned far-right terrorist group National Action.’
BBC News, 19th March 2020
Source: www.bbc.co.uk
Consumer panel urges more fixed fees and SRA fining powers – Legal Futures
‘More use of fixed fees and an increase in the Solicitors Regulation Authority’s (SRA) fining powers are among recommendations made today by the Legal Services Consumer Panel.’
Legal Futures, 19th March 2020
Source: www.legalfutures.co.uk
The Corona Virus Bill and Human Rights – British Institute of Human Rights
‘The UK, and the World, are facing a health crisis that we have not seen the likes of in over 100 years. This is a worrying time for many people and there is a need for governments to respond, including ours here in the UK. At times like these, when so many of us can find ourselves in an unfamiliar (or familiar) position of vulnerability, it is vital that we can be assured safety includes the protection of our dignity and not losing the rules of fairness and respect in the way power is used to respond to this situation. Recognising the need to protect everyone’s human dignity was, after all, born out of World War 2, one of the worst crises in modern history.’
British Institute of Human Rights, 19th March 2020
Source: www.bihr.org.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
- PBS Energo A.S. v Bester Generacion UK Ltd [2020] EWCA Civ 404 (19 March 2020)
- Nolson, R (on the application of) v Stevenage Borough Council [2020] EWCA Civ 379 (19 March 2020)
- Bank St Petersburg PJSC & Anor v Arkhangelsky & Anor [2020] EWCA Civ 408 (18 March 2020)
- General Transport Service SPA v Revenue And Customs [2020] EWCA Civ 405 (18 March 2020)
- Oshin v The Royal Borough of Greenwich [2020] EWCA Civ 388 (17 March 2020)
- Guest & Anor v Guest [2020] EWCA Civ 387 (17 March 2020)
- Andreewitch v Moutreuil [2020] EWCA Civ 382 (17 March 2020)
- Hafeez v The Secretary of State for the Home Department [2020] EWCA Civ 406 (17 March 2020)
Court of Appeal (Criminal Division)
High Court (Administrative Court)
- BM v Republic of Ireland (No 2) [2020] EWHC 648 (Admin) (18 March 2020)
- SXM, R (On the Application Of) v The Disclosure And Barring Service [2020] EWHC 624 (Admin) (17 March 2020)
High Court (Chancery Division)
- Goss-Custard & Anor v Templeman & Ors [2020] EWHC 632 (Ch) (19 March 2020)
- Popely & Anor v Popely & Ors [2020] EWHC 667 (Ch) (19 March 2020)
- Promontoria (Oak) Ltd v Emanuel & Anor [2020] EWHC 563 (Ch) (19 March 2020)
- Infederation Ltd v Google LLC & Ors [2020] EWHC 657 (Ch) (18 March 2020)
High Court (Queen’s Bench Division)
- ATOS IT Services Ltd v Fylde Borough Council [2020] EWHC 647 (QB) (18 March 2020)
- Johnson v McArdle & Anor [2020] EWHC 644 (QB) (18 March 2020)
Source: www.bailii.org
Coronavirus Bill 2019-21 – Parliament.uk
‘The Bill was introduced to the House of Commons and given its First Reading on Thursday 19 March 2020. This stage is formal and takes place without any debate.’
Parliament.uk, 19th March 2020
Source: services.parliament.uk
Coronavirus (COVID-19): Message from the Lord Chief Justice to judges in the Civil and Family Courts – Courts and Tribunals Judiciary
‘Events have been moving so fast that detailed guidance on how to sustain the administration of justice in these two important jurisdictions would be overtaken by developments very quickly.’
Courts and Tribunals Judiciary, 19th March 2020
Source: www.judiciary.uk
Killing the goose? – Hardwicke Chambers
‘On 5 March 2020 the Court of Appeal handed down judgment in Canada Goose UK Retail Ltd v Person Unknown [2020] EWCA Civ 303. The case concerned protests at the claimant’s Regent Street shop against the brand’s use of animal fur and down. But the Court of Appeal gave wide and authoritative guidance in relation to claims for injunctions against un-named defendants (“persons unknown.”)’
Hardwicke Chambers, 12th March 2020
Source: hardwicke.co.uk
Inducing Breach of Contract: – Reliance on Legal Advice Saves the Day in Court of Appeal – Littleton Chambers
‘In an important decision yesterday (27 February), Allen v Dodd & Co Limited [2020] EWCA Civ 258, the Court of Appeal held that if a person believes their conduct will probably not result in a breach of a contract they will not be liable for inducing a breach even if: (a) they knew there was a risk of breach; and (b) the court subsequently finds such a breach.’
Littleton Chambers, 28th February 2020
Source: www.littletonchambers.com
Court of Protection Newsletter #18 – Spire Barristers
‘Welcome to the March issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barristers, 18th March 2020
Source: spirebarristers.co.uk
Asda v Brierley – Old Square Chambers
‘Can a group of predominantly female retail store employees compare themselves to a group of predominantly male distribution depot employees for the purposes of an equal pay claim? The Supreme Court will have the final say on this question this year, in the highly anticipated appeal in Asda Stores Ltd v Brierley and other.’
Old Square Chambers, 12th March 2020
Source: www.oldsquare.co.uk
