Month: April 2020
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Beadle v HM Revenue and Customs [2020] EWCA Civ 562 (29 April 2020)
High Court (Chancery Division)
Tonstate Group Ltd & Ors v Wojakovski & Ors [2020] EWHC 1004 (Ch) (28 April 2020)
High Court (Commercial Court)
Mad Atelier International BV v Manes [2020] EWHC 1014 (Comm) (28 April 2020)
High Court (Family Division)
S (Child in Care. Unregistered Placement) [2020] EWHC 1012 (Fam) (28 April 2020)
High Court (Queen’s Bench Division)
Square Global Ltd v Leonard [2020] EWHC 1008 (QB) (28 April 2020)
Greystoke v The Financial Conduct Authority [2020] EWHC 1011 (QB) (28 April 2020)
Source: www.bailii.org
Ministers aim to extend legally binding deadline on Prevent review – The Guardian
‘The government will attempt to push back a legally binding deadline for the completion of an independent review of Prevent, the programme that aims to stop people becoming terrorists, the Guardian understands.’
The Guardian, 28th April 2020
Source: www.theguardian.com
Coronavirus: Lack of sign language interpreters leads to legal case against government – BBC News
‘Deaf campaigners have started legal proceedings against the government over a lack of sign language interpreters at its daily coronavirus briefings.’
BBC News, 28th April 2020
Source: www.bbc.co.uk
Judicial heavyweights call for ‘breathing space’ to save dispute resolution system – Law Society’s Gazette
‘International courts and arbitral tribunals need a “breathing space” if they are not to be overwhelmed by a wave of commercial cases due to the pandemic, a group of senior retired judges said today.’
Law Society's Gazette, 27th April 2020
Source: www.lawgazette.co.uk
Fixed penalty notice for breach of lockdown: notifying the SRA – Law Society’s Gazette
‘Solicitors are not immune from receiving fixed penalty notices for breach of lockdown restrictions, which raises the entirely new question of whether that is reportable to the SRA. Ordinarily the SRA is not overly interested in fixed penalty notices but these are not ordinary times.’
Law Society's Gazette, 27th April 2020
Source: www.lawgazette.co.uk
Further Consumer Credit Debt Moratorium – Henderson Chambers
‘Following last week’s moratorium imposed by the Financial Conduct Authority in relation to credit card debts, overdrafts and personal loans, the FCA is imposing a similar moratorium on hire-purchase (annoyingly referred to by the trendy term ‘rent-to-own’), high-cost short-term credit (payday loans), buy-nowpay-later deals (BNPL) and pawn agreements.’
Henderson Chambers, 24th April 2020
To adjourn or not to adjourn: consideration of the Chief Coroner’s Guidance in relation to COVID-19 and the effects of the pandemic on inquests and reports of deaths to coroners – Parklane Plowden
‘The Chief Coroner Guidance (numbers 34 and 35) has made it clear, as with other jurisdictions, that no physical hearing should take place unless it is urgent and essential business and it is safe for those involved.’
Parklane Plowden, 24th April 2020
Source: www.parklaneplowden.co.uk
James Green and Stuart Sanders on the new UEFA guidelines for eligibility in international competitions – Littleton Chambers
‘The ongoing COVID-19 pandemic has created uncertainty across the world of professional football for players, clubs and fans alike. Almost all domestic football leagues have been suspended for the past several weeks (save for holdout Belarus, which has continued to hold professional matches in front of fans). As the lockdowns in European countries have been extended, many have speculated about the possible need to cancel domestic seasons outright. However, a vexed question has remained about the effect any such cancellation might have on one of the most prestigious and lucrative elements of the sport: qualification for European competitions.’
Littleton Chambers, 24th April 2020
Source: littletonchambers.com
Judge sounds warning about ‘lazy’ solicitors over years of inactivity – Law Society’s Gazette
‘A High Court judge has narrowly allowed a case to survive despite a wait of almost three years following the identification of a party. Solicitors for the claimant in Gregory v H J Haynes had applied for the limitation period to be extended after a fruitless search for the defendant’s insurer had taken them past the initial three-year limitation date.’
Law Society's Gazette, 28th April 2020
Source: www.lawgazette.co.uk
Re P (A Child remote Hearing) [2020] EWFC 32 – No. 5 Chambers
‘On 16th April 2020, Sir Andrew McFarlane handed down a case management judgment on a public law case which may have significant implications for case management decisions until court services return to normal. The case in question was on the issue of fabricated or induced illness and the issue was whether the final hearing should proceed remotely. The Mother opposed the local authority care plan. It was listed for a fifteen day hearing addressing whether she had harmed her seven year old daughter. Despite the coronavirus pandemic both the Father and the local authority supported the hearing continuing remotely. The Mother’s Solicitors’ had assumed it would proceed with plans to take instructions by Zoom or in between each piece of evidence. There were to be three expert witnesses.’
No. 5 Chambers, 24th April 2020
Source: www.no5.com
Now That We Care About Carers: Temporal Casualisation in Mencap and Uber – Oxford Human Rights Hub
‘A few weeks before the lockdown, one of the most important UK labour law cases of the last decade was heard by the Supreme Court. Royal Mencap Society v Tomlinson Blake has not attracted the attention paid to the Uber litigation, also to reach the Supreme Court later this year. Yet Mencap will have significant ramifications for a segment of the British workforce at the front line of the coronavirus response, namely care workers.’
Oxford Human Rights Hub, 27th April 2020
Source: ohrh.law.ox.ac.uk
MPs to try to ban ‘rough sex’ murder defence in domestic abuse bill – The Guardian
‘MPs are to try to outlaw the courtroom murder defence of “rough sex gone wrong” during parliamentary debates on the domestic abuse bill, as cases of domestic violence soar during the coronavirus lockdown.’
The Guardian, 28th April 2020
Source: www.theguardian.com
How Does Cohabitation Affect Divorce Settlement? – St Paul’s Chambers
‘Going through a divorce can be an overwhelming process whereby those involved are seeking answers and security during a time of uncertainty. Questions often asked by divorcing spouses signing up to spousal maintenance orders in favour of their soon-to-be former spouse may be, “what happens if they cohabit? How does cohabitation affect divorce settlement? Surely I will not have to continue to pay maintenance in these circumstances?”. And the answer is that you might. Cohabitation after divorce and cohabitation before divorce is final do not necessarily have bearing on spousal maintenance payments, division of goods, or their rights in a divorce, unless clearly stipulated in your court order.’
St Paul's Chambers, 23rd April 2020
Source: www.stpaulschambers.com
EP 109: Medical Law Updates with Rajkiran Barhey – Law Pod UK
‘In Episode 109, Emma-Louise Fenelon speaks to Kiran Barhey about the most recent edition of the Quarterly Medical Law Review, a new resource for practitioners looking to stay up to date in medical law.’
Law Pod UK, 28th April 2020
Source: audioboom.com
“For every promise, there is a price to pay” – St Ives Chambers
‘The basic ingredients for proprietary estoppel are well known, and many property practitioners would feel comfortable in spotting an estoppel when it has arisen. However, there is a shadowy question that is often avoided – assuming the estoppel is established, what is the actual result? After all, that is what the client will be most interested in!’
St Ives Chambers, 23rd April 2020
Source: www.stiveschambers.co.uk
Nathan Davis discusses Bains v Arunvill Capital Limited and others [2020] EWCA Civ 545 – Park Square Barristers
‘This is an interesting case concerning whether the steps taken by the Appellant were sufficient for him to establish that he had remedied his material breach of contract.’
Park Square Barristers, 27th April 2020
Source: www.parksquarebarristers.co.uk
Putting the court before the horse – No. 5 Chambers
‘In the recent case of T&P Real Estate Limited v The Mayor and Burgesses of the London Borough of Sutton [2020] EWHC 879 (Ch) Deputy Master Bowles described the background to the claim, and the application before him, as “…for a non-planner, not wholly straightforward”. In fairness, even for a planner, the subject matter of the claim is not uncomplicated involving as it did consideration of the interpretation, and effect of, an Article 4 Direction made in relation to the exercise of permitted development rights.’
No. 5 Chambers, 24th April 2020
Source: www.no5.com
Case Comment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog
‘As a consequence of the admitted negligence of the Whittington Hospital in failing to detect signs of cancer, the claimant developed cancer of the cervix for which she required chemoradiotherapy treatment that led to infertility. The claimant decided to have their own biological children by surrogacy. The experts for the parties agreed that on the balance of probabilities the claimant would achieve two live births from her 12 cryopreserved eggs. If her cryopreserved eggs do not result in 3-4 children, the claimant intends to use donor eggs. Her first choice of surrogacy is California, primarily because surrogacy is lawful and binding there. She claimed damages in respect of the expenses of four pregnancies either in California or the UK using her own eggs and, if necessary, donor eggs.’
UKSC Blog, 27th April 2020
Source: ukscblog.com
