BAILII: Recent Decisions
Court of Appeal (Civil Division)
Filatona Trading Ltd & Anor v Navigator Equities Ltd & Ors [2020] EWCA Civ 109 (06 February 2020)
Lejonvarn v Burgess & Anor [2020] EWCA Civ 114 (06 February 2020)
High Court (Administrative Court)
Begum v Secretary of State for the Home Department [2020] EWHC 74 (Admin) (07 February 2020)
Kalinauskas v Prosecutor General’s Office, Lithuania [2020] EWHC 191 (Admin) (06 February 2020)
The Government of India v Dhir & Anor [2020] EWHC 200 (Admin) (06 February 2020)
High Court (Chancery Division)
Panton & Anor v Vale of White Horse District Council & Anor [2020] EWHC 167 (Ch) (06 February 2020)
Johnson v No Named Defendant [2020] EWHC 207 (Ch) (06 February 2020)
High Court (Commercial Court)
PJSC National Bank Trust & Anor v Boris Mints & Ors [2020] EWHC 204 (Comm) (06 February 2020)
Yukos Hydrocarbons Investments Ltd v Georgiades & Anor [2020] EWHC 173 (Comm) (04 February 2020)
High Court (Family Division)
T (A child), Re [2020] EWHC 220 (Fam) (07 February 2020)
High Court (Queen’s Bench Division)
Sharn Panesar Ltd v Pistachios In The Park Ltd & Anor [2020] EWHC 194 (QB) (07 February 2020)
Source: www.bailii.org
Extending prior-approval time limits by agreement – Local Government Lawyer
‘The High Court has ruled that prior-approval time limits can be extended by agreement. Charles Streeten explains why.’
Local Government Lawyer, 7th February 2020
Source: www.localgovernmentlawyer.co.uk
Green Space borough-wide preventative injunctions: the view from the Court of Appeal – Local Government Lawyer
‘Steven Woolf examines the Court of Appeal’s recent decision and guidance on Green Space borough-wide preventative injunctions.’
Local Government Lawyer, 7th February 2020
Source: www.localgovernmentlawyer.co.uk
Firm sacked paralegal days after emergency bowel surgery – Law Society’s Gazette
‘ Birmingham firm who dismissed a worker within days of him leaving hospital post-surgery have been found in breach of employment law by a tribunal.’
Law Society's Gazette, 6th February 2020
Source: www.lawgazette.co.uk
Grenfell Tower inquiry backs protection for refurbishment firms giving evidence – BBC News
‘The chairman of the Grenfell Tower inquiry has backed a request from firms that refurbished the building that evidence they give should not be used against them in criminal prosecutions.’
BBC News, 7th February 2020
Source: www.bbc.co.uk
Two in five prisons in poor condition, watchdog finds – The Guardian
‘The government is failing in its efforts to improve prison conditions, with record levels of safety breaches and “huge” backlogs in repairs, Whitehall’s spending watchdog has found. The National Audit Office said plans to “provide and maintain safe, secure and decent prisons” had not been carried out.’
The Guardian, 7th February 2020
Source: www.theguardian.com
Shamima Begum loses appeal against removal of citizenship – The Guardian
‘Shamima Begum, the woman who left Britain as a schoolgirl to join Islamic State in Syria, has lost her appeal against the Home Office’s move to revoke her citizenship and prevent her from returning to London.’
The Guardian, 7th February 2020
Source: www.theguardian.com
‘Scared of heights’ injury claimant filmed on Europe’s biggest waterslide – BBC News
‘A bodybuilder who claimed an accident left him scared of heights was exposed when a video emerged of him careering down Europe’s highest waterslide.’
BBC News, 6th February 2020
Source: www.bbc.co.uk
Jailed banker’s wife at centre of first McMafia order loses appeal to have case dismissed – The Independent
‘The wife of a jailed “fat cat banker” who splurged millions at Harrods has lost her appeal over the UK’s first so-called McMafia wealth order.’
The Independent, 6th February 2020
Source: www.independent.co.uk
Senior doctor struck off after spying on 15-year-old girl in shower – The Independent
‘One of the NHS’ most senior doctors has been struck off after spying on a 15-year-old girl as she showered.’
The Independent, 6th February 2020
Source: www.independent.co.uk
Crimes unreported as public lose faith in police – BBC News
‘Victims are no longer reporting some crimes to police because so many offenders are never brought to justice. A new report said the public are losing faith in the criminal justice system and have “rumbled” that police do not have the capacity to investigate.’
BBC News, 7th February 2020
Source: www.bbc.co.uk
Burglar who sexually assaulted and murdered 89-year-old widow jailed for a minimum of 34 years – Daily Telegraph
‘A burglar has been sentenced to a minimum term of 34 years in prison for the “sexual or sadistic” murder of an 89-year-old widow in her own bed.’
Daily Telegraph, 6th February 2020
Source: www.telegraph.co.uk
Windrush: Call to review deportation of foreign-born offenders – BBC News
‘The government should consider ending the deportation of foreign-born offenders who came to the UK as children, according to a draft report into the Windrush scandal.’
BBC News, 7th February 2020
Source: www.bbc.co.uk
Windrush victims given extra time to apply for compensation but concerns over lack of legal advice remain – The Independent
‘Windrush victims will have an additional two years to apply for compensation for their losses after the Home Office bowed to pressure to extend the deadline by two years.’
The Independent, 7th February 2020
Source: www.independent.co.uk
Court of Appeal Dismisses HS2 Compulsory Purchase Appeal – Francis Taylor Building
‘The case concerned material detriment counter-notices under the Compulsory Purchase (Vesting Declarations) Act 1981 and the Compulsory Purchase Act 1965. Such counter-notices can be given where an acquiring authority is proposing to acquire compulsorily part only of a landowner’s land holding and the landowner wants the authority either to take the whole of his land or to withdraw completely from the proposed acquisition. Material detriment will arise where, when compared to the property as it previously existed, the retained portion of land is less useful or less valuable in some significant degree. Generally speaking, when it receives a counter-notice, the acquiring authority has the choice whether to withdraw from the acquisition, take the whole of the land, or contest whether material detriment arises.’
Francis Taylor Building, 30th January 2020
Source: www.ftbchambers.co.uk
Re A, B & C (Adoption : Notification of Fathers and Relatives) Judgment Handed down 29th January 2020 – Parklane Plowden Chambers
‘Guidance from the Court of Appeal on how to decide whether or not to notify a putative father or a relative of the existence of the child or legal proceedings?’
Parklane Plowden Chambers, 29th January 2020
Source: www.parklaneplowden.co.uk
Covert recordings: does the end justify the means? Read Martina Murphy and Jane Wheeler’s article in this month’s ELA Briefing here – 12 King’s Bench Walk
‘Covert recording is featuring increasingly in both employment and personal injury law – and the ramifications of recent decisions are yet to be fully played out. Two recent cases consider the issue from both sides in the workplace; Phoenix, featured covert recording by an employee and López considered covert surveillance by employers.’
12 King's Bench Walk, 4th February 2020
Source: www.12kbw.co.uk
