01/11/2019 – Current Awareness

BAILII: Recent Decisions

Posted November 1st, 2019 in law reports by sally

Court of Appeal (Civil Division)

Court of Appeal (Criminal Division)

Ardic & Ors v R. [2019] EWCA Crim 1836 (01 November 2019)

High Court (Chancery Division)

The Secretary of State for Business, Energy And Industrial Strategy v Eagling [2019] EWHC 2806 (Ch) (01 November 2019)
Bentley 1962 Ltd & Anor v Bentley Motors Ltd [2019] EWHC 2925 (Ch) (01 November 2019)
Warner Music UK Ltd & Ors v Tunein Inc [2019] EWHC 2923 (Ch) (01 November 2019)

High Court (Queen’s Bench Division)

Aspinall’s Club Ltd v Lim [2019] EWHC 2929 (QB) (01 November 2019)

Source: www.bailii.org

Domestic Abuse Bill Falls Ahead Of General Election – Rights Info

Posted November 1st, 2019 in bills, coercive & controlling behaviour, domestic violence, elections, news, parliament by sally

‘A landmark bill seeking to “transform” the UK’s response to the “terrible crime” of domestic abuse has fallen as Parliament prepares to dissolve ahead of the snap general election on 12 December.’

Full Story

Rights Info, 1st November 2019

Source: rightsinfo.org

New Judgment : Sequent Nominees Ltd (formerly Rotrust Nominees Ltd) v Hautford Ltd (a company registered in the British Virgin Islands) [2019] UKSC 47 – UKSC Blog

Posted November 1st, 2019 in appeals, consent, housing, landlord & tenant, news, planning, Supreme Court by sally

‘This appeal concerned a landlord’s refusal to make a planning application for increased residential use. The tenant challenged this decision on the basis that it was unreasonable. The County Court and the Court of Appeal agreed with the tenant and the landlord appealed to the Supreme Court. The question for the Court was whether the trial judge was right to find the landlord had acted unreasonably in withholding consent.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Social care support and persons subject to immigration control – Local Government Lawyer

Posted November 1st, 2019 in Administrative Court, asylum, benefits, duty of care, government departments, human rights, immigration, local government, mental health, news by sally

‘The Administrative Court has revisited the issue of the denial of social care support to persons subject to immigration control, and the line between local authority social care support under the Care Act 2014, and accommodation and support provided by the Home Office. Jonathan Auburn analyses the ruling.’

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Local Government Lawyer, 1st November 2019

Source: www.localgovernmentlawyer.co.uk

5G – a new problem for consistory courts? – Law & Religion UK

Posted November 1st, 2019 in Church of England, ecclesiastical law, health & safety, internet, news, telecommunications by sally

‘On 12 October, The Times carried the headline Councils block 5G as scare stories spread, and commented “[c]onspiracy theorists spreading health scares about the 5G mobile network are pressuring local authorities to ban the technology from their towns. A number of Councils including Totnes in Devon, Glastonbury, Frome and Shepton Mallet, have imposed a ban on 5G installations, until they were satisfied that it was safe”. The issue is yet to be raised in the consistory courts, but in view of the Church of England’s recent encouragement for the introduction of this technology in churches, this is a timely point at which to consider the issues this raises.’

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Law & Religion UK, 1st November 2019

Source: www.lawandreligionuk.com

Court rejects debtor’s challenge to the validity of assignment of debt (Nicoll v Promontoria (Ram 2) Ltd) – Littleton Chambers

Posted November 1st, 2019 in assignment, debts, insolvency, loans, news by sally

‘Restructuring & Insolvency analysis: James Bickford Smith, barrister at Littleton Chambers, examines the High Court’s decision in Nicoll v Promontoria (Ram 2) Ltd that the appellant debtor’s challenge to the validity of an assignment of his debt to the respondent should not have been entertained by the judge below because although the appellant had sought to put the effectiveness of the assignment in issue in his first witness statement, the point that he took was entirely different from that which he took before the judge.’

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Littleton Chambers, 3rd October 2019

Source: www.littletonchambers.com

EPA prosecutions and costs – Nearly Legal

Posted November 1st, 2019 in compensation, costs, damages, environmental health, health & safety, housing, judicial review, jurisdiction, landlord & tenant, news, proportionality by sally

‘This was a judicial review of a costs order made by Camberwell Green Magistrates on a settled Environmental Protection Act 1990 s.82 prosecution. The Magistrates had refused to state a case for the consideration of the High Court.’

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Nearly Legal, 31st October 2019

Source: nearlylegal.co.uk

Family Division judge hands down ruling in care proceedings involving 49 parties – Local Government Lawyer

Posted November 1st, 2019 in care orders, child abuse, children, families, family courts, local government, news, sexual offences, social services by sally

‘A Family Division judge has handed down his judgment in what is said to have been one of the largest public law children’s cases ever litigated.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

The new SRA Standards and Regulations: Greater freedom for solicitors? – 4 New Square

Posted November 1st, 2019 in burden of proof, codes of practice, disciplinary procedures, news, professional conduct, regulations, solicitors, Solicitors Regulation Authority, standards by sally

‘In this article, Helen Evans and Clare Dixon of 4 New Square review whether the new principles, codes of conduct and disciplinary procedure rules wholeheartedly reflect a relaxation of the SRA’s grip, or whether competing forces are apparent. They also consider whether one of the unintended consequence of some of the liberalisation is to introduce a two-tier regulatory system for solicitors practising within regulated entities (such as firms) and those outside that structure. Finally, they reflect on the likely impact of the new rules and relaxed burden of proof on the troublesome issues of dishonesty and lack of integrity- an issue that the Divisional Court was still picking apart as recently as last week in the matter of SRA v Siaw.’

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4 New Square, 21st October 2019

Source: www.4newsquare.com

Why The Legal Definition Of Consent Fails Victims – Rights Info

Posted November 1st, 2019 in consent, deceit, equality, homosexuality, interpretation, news, rape, sexual offences, victims, women by sally

‘A British man called Jason Lawrance is appealing his conviction for raping a woman. The woman had willingly had unprotected sex with him – he told her he’d had a vasectomy – but she pressed charges after he texted her to say he had lied.’

Full Story

Rights Info, 31st October 2019

Source: rightsinfo.org

Over 200 offenders on probation have been convicted of murder since Government shake-up five years ago – Daily Telegraph

Posted November 1st, 2019 in contracting out, inquiries, Ministry of Justice, murder, news, probation, rape, recidivists, rehabilitation, statistics by sally

‘More than 200 offenders under probation supervision have been convicted of murder since the system was overhauled in 2014 by the then Justice Secretary Chris Grayling.’

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Daily Telegraph, 31st October 2019

Source: www.telegraph.co.uk

Chaotic court system threatens justice for vulnerable, say MPs – The Guardian

Posted November 1st, 2019 in budgets, computer programs, courts, electronic filing, equality, HM Courts Service, internet, news, reports, select committees by sally

‘The most vulnerable in society are at risk of being excluded from access to justice due to poor digital skills, lack of legal advice, court closures and “dilapidated” courthouses, MPs have warned in a damning critique of the government’s modernisation programmes.’

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The Guardian, 31st October 2019

Source: www.theguardian.com

MoJ: No change to whiplash reform timetable – Legal Futures

Posted November 1st, 2019 in accidents, compensation, consultations, damages, elections, Ministry of Justice, news, personal injuries, road traffic, select committees by sally

‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’

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Legal Futures, 1st November 2019

Source: www.legalfutures.co.uk

New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

Posted November 1st, 2019 in appeals, class actions, compensation, cosmetic surgery, costs, insurance, news, Supreme Court, third parties by sally

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

Ombudsman raps council for taking 21 months to reassess care needs of vulnerable woman – Local Government Lawyer

Posted November 1st, 2019 in carers, delay, disabled persons, local government, news, ombudsmen by sally

‘The Local Government and Social Care Ombudsman (LGO) has criticised a council for taking 21 months to carry out a reassessment of a vulnerable woman’s care needs.’

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Local Government Lawyer, 31st October 2019

Source: www.localgovernmentlawyer.co.uk

Man who partially blinded police officer with ammonia jailed for 14 years – The Independent

Posted November 1st, 2019 in chemical weapons, news, police, sentencing, wounding by sally

‘A man who partially blinded a police officer when he sprayed ammonia in his face, has been jailed for 14-and-a-half years.’

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The Independent, 1st November 2019

Source: www.independent.co.uk

“No more waiting for the ink to dry” Electronic Signatures in Property Transactions – Landmark Chambers

Posted November 1st, 2019 in documents, electronic filing, news, sale of land by sally

‘On 3 September 2019, the Law Commission published its report entitled “Electronic execution of documents” (Law Com No 386). It is a report that is of interest to all lawyers, but is of particular interest to property lawyers, given the extent to which formality requirements apply in the context of property transactions.’

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Landmark Chambers, 17th October 2019

Source: www.landmarkchambers.co.uk

‘How Did Liverpool Escape League Cup Expulsion?’ – Ashley Cukier on the EFL Disciplinary Panel’s Decision – Littleton Chambers

Posted November 1st, 2019 in disciplinary procedures, fines, news, professional conduct, sanctions, sport by sally

‘The English Football League (“EFL”) yesterday [3 October] announced that Liverpool FC had been found guilty of misconduct and fined £200,000 – of which £100,000 will be suspended until the end of Season 2020/21 – for having breached EFL Rules by fielding an ineligible player in their League Cup third round match against Milton Keynes Dons. The sanction has raised eyebrows in some parts: in 2016 the EFL, in an ostensibly more severe sanction, deducted 3 points from Bury FC for fielding an ineligible player and, as recently as last month, Grays Athletic FC were expelled from the FA Cup for the same offence. In the latest edition of the Littleton Sports Group’s ‘Five Things You Need to Know’ series, Ashley Cukier considers the sanction handed to Liverpool by the EFL Board.’

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Littleton Chambers, 3rd October 2019

Source: www.littletonchambers.com