Parties can contract out of fixed costs regime – Litigation Futures
‘Parties can agree to contract out of fixed costs, a regional costs judge has ruled.’
Litigation Futures, 24th February 2020
Source: www.litigationfutures.com
Month: February 2020
St Paul’s bomb plot: IS supporter Safiyya Shaikh pleads guilty – BBC News
‘A supporter of the banned Islamic State terror group has admitted plotting to blow herself up in a bomb attack on St Paul’s Cathedral.’
BBC News, 21st February 2020
Source: www.bbc.co.uk
Grenfell public inquiry delayed again over evidence concerns – The Guardian
‘The Grenfell Tower public inquiry has been delayed again over demands from companies involved in the disastrous refurbishment that their evidence should not be used to help jail them.’
The Guardian, 23rd February 2020
Source: www.theguardian.com
Twitter, trans rights and the role of the police — an extended look – – UK Human Rights Blog
‘The case of R (Miller) v The College of Policing & The Chief Constable of Humberside [2020] EWHC 225 (Admin) is yet another decision arising out of an individual’s use of Twitter to share transphobic, or as they see it “gender critical”, views.’
UK Human Rights Blog, 21st February 2020
Source: ukhumanrightsblog.com
Financial Remedies Courts – Law Society’s Gazette
‘The Financial Remedies Courts (FRCs) have been established as a subsidiary structure within the Family Court. In November 2019, two documents were published: Overall Structure Of The Financial Remedies Courts And The Role And Function Of The Lead Judge, and Financial Remedies Courts Good Practice Protocol. It is the protocol which is essential reading for family law practitioners.’
Law Society's Gazette, 24th February 2020
Source: www.lawgazette.co.uk
Case Comment: The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (Formerly General Motors UK Ltd) [2019] UKSC 46 – UKSC Blog
‘In this case comment, Michael Cox of CMS comments on the judgment handed down in the matter of The Manchester Ship Canal Company Ltd v Vauxhall Motors Ltd (Formerly General Motors UK Ltd) [2019] UKSC 46. Michael is a senior associate in the Real Estate Dispute team at CMS. Michael advises on all aspects of property law, with a particular emphasis on development advice and dispute resolution.’
UKSC Blog, 21st February 2020
Source: ukscblog.com
BAME Workers’ Legal Bid Over ‘Inferior’ Pay And Terms Could Affect Millions – Each Other
‘A “landmark” legal case could determine whether the use of outsourcing firms to employ black and minority ethnic (BAME) workers on “inferior” pay and conditions is discriminatory.’
Each Other, 21st February 2020
Source: eachother.org.uk
Hafiz Sharifi jailed for stabbing ex to death in front of children – BBC News
‘A man who repeatedly stabbed his former partner in front of her children has been jailed for a minimum of 17 years.’
BBC News, 21st February 2020
Source: www.bbc.co.uk
Rules urgently needed to oversee police use of data and AI – report – The Guardian
‘National guidance is urgently needed to oversee the police’s use of data-driven technology amid concerns that it could lead to discrimination, a report has said.’
The Guardian, 23rd February 2020
Source: www.theguardian.com
BAILII: Recent Decisions
Supreme Court
- McGuinness, Re Application for Judicial Review (No 2) (Northern Ireland) [2020] UKSC 6 (19 February 2020)
- Micula & Ors v Romania [2020] UKSC 5 (19 February 2020)
Court of Appeal (Civil Division)
- Swift v Carpenter [2020] EWCA Civ 165 (20 February 2020)
- Latayan v The Secretary of State for the Home Department [2020] EWCA Civ 191 (20 February 2020)
- ICTS (UK) Ltd v Visram [2020] EWCA Civ 202 (20 February 2020)
- Ainsworth v Stewarts Law LLP [2020] EWCA Civ 178 (19 February 2020)
- Vodafone Ltd & Ors v The Office Of Communications [2020] EWCA Civ 183 (19 February 2020)
- Aria Technology Ltd v Revenue And Customs [2020] EWCA Civ 182 (19 February 2020)
- Sports Direct International Plc v The Financial Reporting Council [2020] EWCA Civ 177 (18 February 2020)
- Adamson, R. (On the Application Of) v Kirklees Metropolitan Borough Council [2020] EWCA Civ 154 (18 February 2020)
- London Borough of Haringey v FZO [2020] EWCA Civ 180 (18 February 2020)
- Kalma & Ors v African Minerals Ltd & Ors [2020] EWCA Civ 144 (17 February 2020)
- Pease v Carter & Anor [2020] EWCA Civ 175 (17 February 2020)
- M (Declaration of Death of Child) [2020] EWCA Civ 164 (14 February 2020)
- Her Majesty’s Attorney General v Akhter & Anor [2020] EWCA Civ 122 (14 February 2020)
- Tahir Yaseen v Secretary of State for the Home Department [2020] EWCA Civ 157 (14 February 2020)
- Renew Land Developments Ltd v Welsh Ministers [2020] EWCA Civ 143 (13 February 2020)
Court of Appeal (Criminal Division)
High Court (Administrative Court)
- Soni v General Pharmaceutical Council (Rev 1) [2020] EWHC 348 (Admin) (20 February 2020)
- The Commissioner of Police of the Metropolis, R (On the Application Of) v Police Medical Appeal Board [2020] EWHC 345 (Admin) (20 February 2020)
- M, R (On the Application Of) v London Borough of Newham [2020] EWHC 327 (Admin) (19 February 2020)
- Leighton, R (On the Application Of) v The Lord Chancellor [2020] EWHC 336 (Admin) (19 February 2020)
- Suliman, R (On the Application Of) v Secretary of State for the Home Department [2020] EWHC 326 (Admin) (18 February 2020)
- Kent, R (On the Application Of) v Teesside Magistrates Court [2020] EWHC 304 (Admin) (14 February 2020)
- Miller, R (On the Application Of) v The College of Policing & Anor [2020] EWHC 225 (Admin) (14 February 2020)
- Weed, R (On the Application Of) v Commissioner of Police of the Metropolis [2020] EWHC 287 (Admin) (13 February 2020)
- Goodchild-Simpson v General Medical Council [2020] EWHC 271 (Admin) (13 February 2020)
High Court (Chancery Division)
- Wojakovski v Matyas & Ors [2020] EWHC 328 (Ch) (18 February 2020)
- Persimmon Homes Ltd v Country Weddings (Cardiff) Ltd [2020] EWHC 302 (Ch) (18 February 2020)
- McParland & Partners Ltd & Anor v Whitehead [2020] EWHC 298 (Ch) (14 February 2020)
High Court (Commercial Court)
High Court (Patents Court)
High Court (Queen’s Bench Division)
- Young v Warwickshire Police & Anor [2020] EWHC 308 (QB) (21 February 2020)
- Bioplus Life Sciences Private Ltd & Ors v The Secretary of State for Health [2020] EWHC 329 (QB) (21 February 2020)
- Strategic Technologies Pte Ltd v Procurement Bureau of the Republic of China Ministry of National Defence [2020] EWHC 362 (QB) (21 February 2020)
- Ramsden v Revenue And Customs (Costs) [2020] EWHC 357 (QB) (20 February 2020)
- Telecom Centre (UK) Ltd v Thomas Sanderson Ltd (Early Neutral Evaluation) [2020] EWHC 368 (QB) (20 February 2020)
- Faulkner v Secretary of State for Business, Energy And Industrial Strategy [2020] EWHC 296 (QB) (18 February 2020)
- Triad Group PLC & Ors v Makar [2020] EWHC 306 (QB) (14 February 2020)
Source: www.bailii.org
Senior judges mull guideline hourly rate review – Litigation Futures
‘A group of senior judges at the helm of the civil courts are considering a review of the guideline hourly rates (GHR) “as a matter of urgency”, it has emerged.’
Litigation Futures, 21st February 2020
Source: www.litigationfutures.com
Out of the Ordinary: Rob Hunter and Bethany Sanders on the Courts’ Approach to Life Expectancy Evidence – Devereux Chambers
‘In this December article for Personal Injury Focus, Devereux’s Rob Hunter and Bethany Sanders of Leigh Day explore the complexity of life expectancy evidence, providing background, comment, and practice advice on the issue.’
Devereux Chambers, 14th February 2020
Source: www.devereuxchambers.co.uk
PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC) – Atkin Chambers
‘On 7 February 2020 Mrs Justice Cockerill DBE handed down judgment in PBS Energo AS v Bester Generacion UK Ltd & Anor [2020] EWHC 223 (TCC). Steven Walker QC and Tom Owen appeared for Bester instructed by Rebecca Williams of Watson Farley Williams.’
Atkin Chambers, 7th February 2020
Source: www.atkinchambers.com
Prisons: what’s gone wrong & how to fix it – Counsel
‘An abysmal mess? What our prisons tell us about our country today – by Nick Hardwick.’
Counsel, February 2020
Source: www.counselmagazine.co.uk
Court of Protection Newsletter #17 – Spire Barristers
‘Welcome to the February issue of Spire Barristers’ Public Law Newsletter covering news from around the web, practice updates and case reviews in Court of Protection and Public Law matters.’
Spire Barrister, 14th February 2020
Source: spirebarristers.co.uk
Court rejects judicial review over failure to extend QOCS – Litigation Futures
‘The High Court has rejected a challenge to the Ministry of Justice’s (MoJ) failure to extend qualified one-way costs shifting (QOCS) to discrimination claims in the county court.’
Litigation Futures, 20th February 2020
Source: www.litigationfutures.com
Onus of Proof in Business Rates Complaints – 33 Bedford Row
‘Where a Local Authority (the ‘Billing Authority) applies by way of complaint to the Magistrates Court for a liability order against an alleged ratepayer, for allegedly due but unpaid, national non-domestic rates (‘Business Rates’), the Magistrates Court will issue a summons requiring the alleged ratepayer to attend the Magistrates Court to answer the complaint (the ‘Complaint’).’
33 Bedford Row, 16th February 2020
Source: www.33bedfordrow.co.uk
Reasonable adjustments – Is it relevant that the employee didn’t mention them? – 3PB
‘The dispute arose from the claimant’s back problems, which, it was agreed, made her disabled within the Equality Act 2010. She was unable to travel far and wanted to work mainly from home. This caused difficulty because her role, auditing the performance of National Health Service bodies, was “client facing” and required her to visit those bodies. She was eventually dismissed for reason of ill-health capability after an occupational health report and negotiations with her union representative. The respondent was concerned that she was not meeting her financial targets, i.e. the required amount of chargeable time billed to the respondent’s clients. These receipts from clients funded her salary. There were not enough clients within the short travelling distance from her home that she could manage.’
3PB, 7th February 2020
Source: www.3pb.co.uk
Man guilty of murdering Widnes pub landlord over ban – BBC News
‘A man has been found guilty of murdering a landlord who barred him from his pub for “bragging about carrying a knife”.’
BBC News, 20th February 2020
Source: www.bbc.co.uk
