Michael Phillips death: Three guilty of burglary revenge killing – BBC News
‘Three men including a company director have been found guilty of killing a man in revenge for a burglary.’
BBC News, 3rd March 2020
Source: www.bbc.co.uk
Over £3m in fines and £1m for NHS in CMA pharma probe – gov.uk
‘Following an investigation, the CMA has found that 4 pharmaceutical companies broke competition law in relation to the supply of an antidepressant.’
gov,uk, 4th March 2020
Source: www.gov.uk
Parties praised after first trial in capped costs pilot – Litigation Futures
‘The first case under the capped costs pilot reached trial last week, with the judge commending the parties for their “significant degree of collaboration” to make it work.’
Litigation Futures, 2nd March 2020
Source: www.litigationfutures.com
Recent Statutory Instruments – legislation.gov.uk
The Van Benefit and Car and Van Fuel Benefit Order 2020
The Taxes (Interest Rate) (Amendment) Regulations 2020
The Video Recordings (Labelling) (Amendment) Regulations 2020
The Financial Assistance for Environmental Purposes (England) Order 2020
The Employment Rights (Increase of Limits) Order 2020
The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2020
The Occupational and Personal Pension Schemes (General Levy) (Amendment) Regulations 2020
Source: www.legislation.gov.uk
When the end is not the end…. Until clean break us do part – 5 SAH
‘There are commonly two forms of maintenance obligations in a financial order – maintenance for the Wife (so called “periodical payments” or “pps”) and payments for the benefit of a child/ children. The order will prescribe the date for the first payment, the rates of pps and the date for termination of those pps. Termination of pps are commonly the first to occur of:
– the death of either party
– the receiving party’s remarriage
– the youngest child completing secondary education or attaining 18 years of age, whichever is the later or
– Further order of the court.’
5 SAH, 26th February 2020
Source: www.5sah.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Alize 1954 & Anor v Allianz Elementar Versicherungs AG & Ors [2020] EWCA Civ 293 (04 March 2020)
Revenue And Customs v Smith & Nephew Overseas Ltd & Ors [2020] EWCA Civ 299 (03 March 2020)
Kingsley & Ors v Kingsley [2020] EWCA Civ 297 (Ch) (03 March 2020)
Nottinghamshire County Council v SF And GD (Rev 1) [2020] EWCA Civ 226 (03 March 2020)
High Court (Chancery Division)
Addlesee & Ors v Dentons Europe LLP [2020] EWHC 238 (Ch) (03 March 2020)
Deacon v Yaseen [2020] EWHC 465 (Ch) (03 March 2020)
Kea Investments Ltd v Watson & Ors [2020] EWHC 472 (Ch) (02 March 2020)
High Court (Commercial Court)
Dowman Imports Ltd v 2 Toobz Ltd (Rev 1) [2020] EWHC 291 (Comm) (28 February 2020)
High Court (Family Division)
High Court (Queen’s Bench Division)
Alsaifi v Npower Ltd & Ors [2020] EWHC 480 (QB) (03 March 2020)
JKL v VBN [2020] EWHC 458 (QB) (28 February 2020)
High Court (Technology and Construction Court)
Jalla & Ors v Royal Dutch Shell Plc & Ors [2020] EWHC 459 (TCC) (02 March 2020)
Source: www.bailii.org
CA declares Heathrow expansion decision unlawful on climate change grounds – UK Human Rights Blog
‘Airport expansion has taken a long and winding road, not least at Heathrow. But the proponents of the 3rd runway at Heathrow would have been heartened by the Secretary of State’s decision in June 2018 to set out a policy which preferred Heathrow over Gatwick and which was designed to steer planning processes thereafter in support of the new runway.’
UK Human Rights Blog, 27th February 2020
Source: ukhumanrightsblog.com
HS2: Chris Packham launches legal challenge to rail link – BBC News
‘TV naturalist Chris Packham has launched a legal challenge to HS2 high-speed rail link.’
BBC News, 3rd March 2020
Source: www.bbc.co.uk
Judge attacks S&G for “wholly unacceptable” failure – Legal Futures
A High Court judge has strongly criticised Slater & Gordon (S&G) for a “wholly unacceptable” failure to give him a crucial letter when applying for an urgent injunction in a police misconduct case.
Legal Futures, 4th March 2020
Source: www.legalfutures.co.uk
Oh! What a tangled web we weave… – Nearly Legal
‘In the case of Lifestyle Club Ltd, and its director, Gian Paulo Aliatis, that is what eventually happened in August 2019, with a £42,273 penalty in fines and costs (despite their policy of targeting overseas students as potential tenants on the basis that they wouldn’t understand the legal problems – this targeting is standard for all these ‘accommodation club’ companies). Unsurprisingly, Lifestyle Club Ltd opted for voluntary strike off of the Companies House register during the prosecution, in February 2019.’
Nearly Legal, 3rd March 2020
Source: nearlylegal.co.uk
Report into Welsh council highlights monitoring officer also being its sole qualified childcare lawyer as example of risk of ‘all hands to the pumps’ approach – Local Government Lawyer
‘A rapid assessment carried out by the Improvement and Assurance Board set up at Merthyr Tydfil County Borough Council has highlighted a situation where the authority’s monitoring officer is also its sole qualified childcare lawyer and has additional responsibilities as an example of why it has significant concerns about the ability of the council to deal with ongoing practical issues.’
Local Government Lawyer, 3rd March 2020
Source: www.localgovernmentlawyer.co.uk
New Judgment: R (DN (Rwanda)) (AP) v Secretary of State for the Home Department – UKSC Blog
‘The appellant, DN, is a Rwandan national who was granted refugee status in the UK pursuant to the 1951 Refugee Convention. DN was subsequently convicted of a number of offences, the most serious of which occurred when he pleaded guilty to assisting unlawful entry of a non-EEA national in the UK. The Secretary of State for the Home Department used the powers under the Nationality, Immigration and Asylum Act 2002 to order the deportation of DN. DN’s attempt to assist unlawful immigration to a member state country was a serious offence by way of the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. The Secretary of State ordered DN’s deportation and detention pending deportation.’
UKSC Blog, 26th February 2020
Source: ukscblog.com
Unmarried partners still missing bereavement payments – BBC News
‘Means-tested payments of up to £10,000 are made to parents whose husband, wife or civil partner has died.’
BBC News, 3rd March 2020
Source: www.bbc.co.uk
Caroline Flack: authorities to review pursuit of assault case – The Guardian
‘The Crown Prosecution Service (CPS) will review its handling of the assault case against the late Love Island host Caroline Flack.’
The Guardian, 4th March 2020
Source: www.theguardian.com
MoJ: Three months is enough to prepare for whiplash reforms – Legal Futures
‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’
Legal Futures, 3rd March 2020
Source: www.legalfutures.co.uk
Supreme Court refuses MIB permission to appeal in landmark case establishing liability for accidents on private land – Exchange Chambers
‘On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not necessary to refer the case for any ruling by the Court of Justice of the European Union. As a result, David Knifton QC (who acted for the Claimant) explains, the MIB has exhausted all avenues of appeal, and will have to meet Mr Lewis’s claim for the catastrophic injuries he suffered.’
Exchange Chambers, 20th February 2020
Source: www.exchangechambers.co.uk
The unprecedented case of a third fact finding hearing – Garden Court Chambers
‘The case concerns the following tragic background. A 10-year-old girl, S was found dead in her bedroom. She died of strangulation and suffered recent injuries to her genital area.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd) – Hardwicke Chambers
‘Practitioners will be familiar with cases where costs are assessed according to the principles applicable in different tracks. In such circumstances, Khan v Aviva is of practical assistance by reaffirming the court’s general discretion to award issue-based costs, despite the presence of more restrictive costs regimes. The case therefore provides a helpful route to resisting adverse costs orders.’
Hardwicke Chambers, 21st February 2020
Source: hardwicke.co.uk
