Climate campaigners win Heathrow expansion case – BBC News
‘Controversial plans for a third runway at Heathrow Airport have been thrown into doubt after a court ruling.’
BBC News, 27th February 2020
Source: www.bbc.co.uk
Day: 27 February 2020
Short shrift for bias and recusal submissions in police misconduct hearings – UK Police Law Blog
‘In R (Short) v (1) Police Misconduct Tribunal (2) Chief Constable of Bedfordshire Police [2020] EWHC 385 (Admin), Mr Justice Saini delivered a resounding reaffirmation that misconduct hearing panels are well able to put irrelevant and prejudicial matters out of their minds rather than having to recuse themselves and that they are able to determine their own procedures, just like civil courts and tribunals.’
UK Police Law Blog, 27th February 2020
Source: ukpolicelawblog.com
I tort I was covered? Management companies procuring maintenance works – a common pitfall – Practical Law Construction Blog
‘Tenants and building owners frequently devolve management of their repair and maintenance responsibilities to management companies, who often enter into agreements with contractors for the repair and maintenance of the buildings they manage. This can be an attractive prospect from an administrative point of view, keeping such contractual arrangements at arm’s length from an occupier who lacks the resource, expertise or appetite to manage and monitor such relationships. However, devolving responsibility for entering into maintenance contracts is not without risk if no provision is made for recourse should things go awry as illustrated by the recent first instance case of John Innes Foundation and others v Vertiv Infrastructure Ltd.’
Practical Law Construction Blog, 26th February 2020
Asylum, Iran and “genuine conversion”: PS (Christianity – risk) – Law & Religion UK
‘What is “genuine conversion” to Christianity for the purposes of an asylum claim by a fugitive from Iran? In PS (Christianity – risk) Iran CG [2020] UKUT 46 (IAC), the Immigration and Asylum Chamber of the Upper Tribunal considered the current Country Guidance on asylum-seekers from Iran in the light of two questions: whether the situation in Iran for “ordinary” converts to Christianity had changed since the decision in SZ and JM (Christians – FS confirmed) Iran CG [2008] UKAIT 00082; and whether there was a real risk of persecution for persons who had engaged in Christian activities abroad, regardless of whether or not they held a genuine religious belief in Christianity.’
Law & Religion UK, 27th February 2020
Source: www.lawandreligionuk.com
Strasbourg Court rules against UK on police retention of data – UK Human Rights Blog
‘Can the police indefinitely retain an individual’s DNA profile, fingerprints and photograph after they have been convicted? That was the question before the European Court of Human Rights (ECtHR) in Gaughran v UK (no. 45245/15, ECHR 2020). This judgment — which was given for the applicant — is of interest both on the merits and as an example of the way the Court continues to approach issues of this kind.’
UK Human Rights Blog, 26th February 2020
Source: ukhumanrightsblog.com
Supreme Court: ICSID award enforceable as state aid investigation continues – OUT-LAW.com
‘The UK Supreme Court has ruled that an arbitration award made under the International Centre for Settlement of Investment Disputes (ICSID) Convention is enforceable despite an ongoing EU state aid investigation.’
OUT-LAW.com, 26th February 2020
Source: www.pinsentmasons.com
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
