Court of Appeal (Civil Division)
High Court (Administrative Court)
High Court (Chancery Division)
Carr v Thales Pension Trustees Ltd & Anor [2020] EWHC 949 (Ch) (22 April 2020)
Raja v McMIllan [2020] EWHC 951 (Ch) (22 April 2020)
High Court (Commercial Court)
Tyndaris v MMWWVWM Ltd [2020] EWHC 778 (Comm) (22 April 2020)
A v B [2020] EWHC 952 (Comm) (22 April 2020)
Source: www.bailii.org
‘The Access to Health Records Act 1990 is an oft-overlooked member of the information rights family, but it can have a useful role to play. In the case of Re AB [2020] EWHC 691 (Fam) (Re AB) it was important because the applicant was the personal representative seeking the health records of a deceased sibling; precisely the sort of territory to which data protection law does not apply.’
Panopticon, 23rd April 2020
Source: panopticonblog.com
‘Older people are at risk of suffering worse outcomes amid the Covid-19 pandemic. But it is vital we acknowledge more than just their vulnerability.’
Each Other, 22nd April 2020
Source: eachother.org.uk
‘An Old Bailey judge has ruled that a man can go on trial on the same murder charges for a fifth time.’
BBC News, 22nd April 2020
Source: www.bbc.co.uk
‘Britain agreed to let Anne Sacoolas, the driver charged with killing 19-year-old motorcyclist Harry Dunn, return to the US on the basis of an “apparently illogical” interpretation of the law on diplomatic immunity, according to the most senior civil servant at the Foreign Office.’
The Guardian, 22nd April 2020
Source: www.theguardian.com
‘The ‘lockdown’ imposed by the government to contain the coronavirus and Covid 19, the disease it causes has been enforced mainly through the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (‘the Regulations’), imposed under powers delegated by the Public Health (Control of Disease) Act 1984 (‘the 1984 Act’).’
UK Human Rights Blog, 21st April 2020
Source: ukhumanrightsblog.com
‘The Coronavirus Act 2020 (“the Act”) came into force on 25th March 2020. Among other things, the Act confers powers on public health officers, constables, and immigration officers to enable them to manage potentially infectious persons during the Covid-19 crisis. Schedule 21 of the Act contains provisions that enable the relevant officials to exercise their powers in respect of individuals in England, Wales and Scotland. This article will only focus on Part 2 of Schedule 21, which pertains to the powers of the government in England.’
3PB, 17th April 2020
Source: www.3pb.co.uk
‘Justin Gau introduces us to The Health Protection (Coronavirus Restrictions) Regulations 2020. The regulations were introduced as a response to the serious and imminent threat to public health posed by the Coronavirus. In accordance with section 45R of the Public Health (Control of Disease) Act 1984, the Secretary of State was of the opinion that, by reason of urgency, it was necessary to make this statutory instrument without a draft having been laid before, and approved by each House of Parliament.’
Pump Court Chambers, 17th April 2020
Source: www.pumpcourtchambers.com
‘The onset of Covid-19 gave rise to a massive effort to provide health care services and accommodation for homeless persons. This includes not just those people who are rough sleeping, but also those otherwise at risk without a home, such as those living in hostels and B&B accommodation. A range of organisations have assisted in this process, from medical health professionals to local authorities, who have procured empty hotels and other spaces for homeless persons to self-isolate as well as acted on the government’s guidance to keep temporary accommodation open.’
Doughty Street Chambers, 17th April 2020
Source: insights.doughtystreet.co.uk
‘Remote video trials could disadvantage people with learning disabilities, the equalities watchdog has warned, as courts switch to online hearings during the coronavirus crisis.’
The Guardian, 22nd April 2020
Source: www.theguardian.com
‘The original dispute pertained to a claim (issued by the Respondent in these proceedings) which started under, and then exited, the Low Value Personal Injury Claims in Road Traffic Accidents Protocol. On the first visit to the Court of Appeal, the issue was whether the Appellant’s (the Defendant in the original dispute) cost liability in respect of the ex-portal claim was limited to fixed costs. The Court of Appeal held that the fixed costs regime for which Section IIIA of CPR Part 45 provides was applicable and the parties had not contracted out of fixed costs. Absent any application by the Respondent pursuant to CPR 45.29J for a higher amount by reason of “exceptional circumstances”, the Respondent was thus entitled to £16,705.15 in respect of her costs of the claim. Resultingly, both parties had cost liabilities: the Appellant in regards to the ex-portal claim, and the Respondent in respect of the appeal.’
Parklane Plowden, 17th April 2020
Source: www.parklaneplowden.co.uk
‘The social care provisions are at section 15 and Schedule 12 to the Coronavirus Act 2020 (“the Act”). They came into force in England on the 31March 2020 (on the 1st April, in Wales).’
Landmark Chambers, 16th April 2020
Source: www.landmarkchambers.co.uk
‘Campaigners have launched a legal challenge to try to prevent billions of pounds of taxpayers’ money being spent on a huge road-building programme, which they say breaches the UK’s legal commitments to tackle the climate crisis and air pollution.’
The Guardian, 21st April 2020
Source: www.theguardian.com
‘HM Courts & Tribunals Service says decisions on personal protective equipment are in line with official guidance following enquiries by the Gazette about what measures are being taken to protect staff at courts being kept open during the pandemic.’
Law Society's Gazette, 21st April 2020
Source: www.lawgazette.co.uk
‘A company v X and others [2020] EWHC 809 (TCC): At the return date hearing of an ex parte injunction, the court was required to consider whether the general principle that there is no property in a witness applied to expert witnesses. That question was dependent on whether an expert witness owed a specific fiduciary duty of undivided loyalty to the instructing client. The court decided that this was a case where a fiduciary duty was owed, that the duty of undivided loyalty extended to the experts’ group companies, and there was a potential conflict of interest. The injunction was maintained pending trial or other resolution of the dispute.’
Hardwicke Chambers, 19th April 2020
Source: hardwicke.co.uk
‘It is not appropriate for a 15-day hearing into whether a mother has harmed her seven-year-old daughter to be held remotely, the president of the Family Court has ruled.’
Legal Futures, 22nd April 2020
Source: www.legalfutures.co.uk
‘In the Court of Appeal decision of Clark v HMRC, the court held that in considering whether the tax charge imposed on unauthorised member payments under sections 208 to 210 of the Finance Act 2004 (FA 2004) applied, the question of whether a ‘payment’ had been made was to be answered by looking at the practical, business reality of the transaction. Applying that approach, on the facts of the case, a transfer of legal title without beneficial title did constitute a ‘payment’. The Court of Appeal also provided important guidance as to the operation of the discovery provisions within section 29 of the Taxes Management Act 1970 (TMA 1970), including the question of how the scope of a discovery assessment is to be delimited. Written by Jonathan Davey QC of Wilberforce Chambers and Sam Chandler of 5 Stone Buildings, who acted for HMRC.’
Wilberforce Chambers, 15th April 2020
Source: www.wilberforce.co.uk
‘Hundreds more cases of baby deaths, stillbirths and brain damage raising “very serious” concerns have been uncovered in a scandal that now threatens to be one of the worst in the history of the NHS.’
The Guardian, 21st April 2020
Source: www.theguardian.com
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