BAILII: Recent Decisions
Court of Appeal (Civil Division)
Plan B Earth v Secretary of State for Transport [2020] EWCA Civ 214 (27 February 2020)
High Court (Commercial Court)
Pipia v Bgeo Group Ltd [2020] EWHC 402 (Comm) (26 February 2020)
Source: www.bailii.org
The treatment of future earnings – Family Law
‘We are approaching 20 years since the seminal House of Lords decision in White v White [2000] UKHL 54, yet the judicial debate as to how to implement the principle it established, that there should be no discrimination between breadwinner and homemaker in financial arrangements on divorce, remains alive.’
Family Law, 26th February 2020
Source: www.familylaw.co.uk
Funder exposed to costs as CoA says Arkin rule not binding – Law Society’s Gazette
‘The Court of Appeal has ruled that a litigation funder can be exposed to higher costs than those they committed to backing a claim in a ruling that will send shock-waves through the sector.’
Law Society's Gazette, 26th February 2020
Source: www.lawgazette.co.uk
Automatic early release of terrorists ends – Ministry of Justice
‘The automatic early release of terrorist offenders will end as emergency legislation to ensure the public is protected receives Royal Assent.’
Ministry of Justice, 26th February 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
Sibling Assessments in Care and Adoption – Family Law Week
‘Judith Pepper has delivered presentations with Professor Daniel Monk to the Judicial College on the issue of siblings in care proceedings and adoption.’
Family Law Week, 26th February 2020
Source: www.familylawweek.co.uk
Defra challenged over ‘unlawful’ release of 57m game birds in UK – The Guardian
‘Environmental campaigners have issued a legal case against the government to try to halt the release of more than 50m non-native game birds this summer, saying the birds could damage Britain’s most important wildlife sites.’
The Guardian, 26th February 2020
Source: www.theguardian.com
Heathrow expansion faces threat from climate case – BBC News
‘The Court of Appeal is set to make a ruling over Heathrow’s expansion in a case described by green groups as massively significant. Judges will decide whether Heathrow’s expansion plans took into account climate change commitments.’
BBC News, 27th February 2020
Source: www.bbc.co.uk
Egg freezing laws not fit for purpose and force women into ‘heartbreaking’ scenario of destroying eggs – The Independent
‘The UK law on egg freezing is not fit for purpose and can force women into the “heartbreaking” scenario of having their frozen eggs destroyed, leading medical organisations have warned.’
The Independent, 27th February 2020
Source: www.independent.co.uk
Phones that may hold child abuse images returned to suspects – The Guardian
‘Police are giving back to suspected paedophiles phones and computers that possibly hold child abuse images because they do not have the time or technology to search the devices, a report says.’
The Guardian, 27th February 2020
Source: www.theguardian.com
Potential modern slavery victims among dozens facing imminent removal on charter flight to Pakistan – The Independent
‘Asylum seekers thought to be victims of torture are set to be forcibly removed to Pakistan on the third charter flight to leave the UK in three weeks, The Independent can reveal.’
The Independent, 26th February 2020
Source: www.independent.co.uk
Boris Johnson to hold inquiry into scandal of subpostmasters accused of fraud – Daily Telegraph
‘The Government will commit to holding an independent inquiry following a legal ruling affecting hundreds of subpostmasters, Boris Johnson has suggested.’
Daily Telegraph, 26th February 2020
Source: www.telegraph.co.uk
‘Cover-up’: DWP destroyed reports into people who killed themselves after benefits were stopped – The Independent
‘The Department for Work and Pensions has been accused of “a cover-up” after destroying reports into suicides linked to benefits being stopped. Around 50 reviews into deaths following the loss of social security payments before 2015 have been shredded, officials have admitted – blaming data protection laws.’
The Independent, 26th February 2020
Source: www.independent.co.uk
Legal victories over ‘No DSS’ letting agents – BBC News
‘The battle against the discriminatory practice of landlords not renting to benefit claimants has intensified after legal victories by two single mothers.’
BBC News, 26th February 2020
Source: www.bbc.co.uk
Corporate witnesses in Grenfell Tower inquiry given immunity from prosecution – The Independent
‘Witnesses from firms called to the Grenfell inquiry have won their fight for immunity from prosecution for their evidence, despite a lawyer for the victims describing the idea as “abhorrent”.’
Attorney General’s undertaking
The Independent, 26th February 2020
Source: www.independent.co.uk
The expansion of a director duty to act in the interests of the company – Hardwicke Chambers
‘A director’s duty to act in good faith in the interests of the company is the cornerstone of a director’s position. This long standing obligation was revamped in the Companies Act 2006 with the introduction of a new requirement that directors should have regard to a package of concerns reflecting what has been described as “enlightened shareholder value”. Following the enactment of section 172 of the Companies Act 2006, when determining what is in the interests of the company, directors are required to look beyond the pursuit of profit and consider various factors and third parties stakeholders who could be affected by the decision.’
Hardwicke Chambers, 24th February 2020
Source: hardwicke.co.uk
Vulnerable 16-17 years olds: Children Act, Court of Protection or Inherent Jurisdiction – Garden Court Chambers
‘In the following two cases, the High Court grappled with questions concerning the welfare of vulnerable older children who lack capacity and the cross-cutting jurisdictions of the Children Act, the Inherent Jurisdiction of the High Court, and the Court of Protection.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
ICTS (UK) Ltd v Visram (2020) EWCA 202 – Old Square Chambers
‘Do the words “return to work” in a long-term disability scheme mean return to any work or the work that the employee was undertaking prior to going on long term sickness?’
Old Square Chambers, 24th February 2020
Source: www.oldsquare.co.uk
Roundheads and Cavaliers – Ropewalk Chambers
‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’
Ropewalk Chambers, February 2020
Source: www.ropewalk.co.uk
