‘Planning inspectors should reconsider whether two lead urns that were placed on top of limestone piers at a historic house were “buildings” or not, the Supreme Court has ruled.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
‘In 18th March 2020, the Presidents of the Employment Tribunal (Scotland) and (England and Wales) released Presidential Guidance.’
Parklane Plowden, 11th May 2020
Source: www.parklaneplowden.co.uk
‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’
Legal Futures, 22nd May 2020
Source: www.legalfutures.co.uk
‘A judge has severely criticised the London Borough of Haringey’s child social services department, after deciding to name the council following an appeal by the Press Association over an earlier anonymity order.’
Local Government Lawyer, 21st May 2020
Source: www.localgovernmentlawyer.co.uk
‘This was a judicial review of Southwark’s allocation decision on the priority to be given to a family in accommodation which had become statutorily overcrowded.’
Nearly Legal, 21st May 2020
Source: nearlylegal.co.uk
‘The Competition and Market Authority (“CMA”) has set up a task force to take action against companies which it considers are breaching consumer laws in the way in which they are dealing with the consequences of the Covid-19 pandemic (for example, companies refusing to provide cash refunds for goods and services which have been disrupted). The CMA has robust enforcement powers such that businesses would be wise to be careful as to how they balance their commercial interests with consumer rights in these difficult times.’
Henderson Chambers, 13th May 2020
‘More than 300 prosecutions for assaults on police and emergency workers were completed during the first month of lockdown, the director of public prosecutions, Max Hill QC, has revealed.’
The Guardian, 21st May 2020
Source: www.theguardian.com
Court of Appeal (Civil Division)
Revenue And Customs v NCL Investments Ltd & Anor [2020] EWCA Civ 663 (21 May 2020)
High Court (Administrative Court)
Fisher, R (On the Application Of) v Durham County Council [2020] EWHC 1277 (Admin) (21 May 2020)
High Court (Chancery Division)
Clitheroe v Bond [2020] EWHC 1185 (Ch) (21 May 2020)
High Court (Commercial Court)
C Ltd v D & X [2020] EWHC 1283 (Comm) (21 May 2020)
High Court (Queen’s Bench Division)
Quaatey v Guy’s & St Thomas’ NHS Foundation Trust [2020] EWHC 1296 (QB) (21 May 2020)
CWD v Nevitt & Ors [2020] EWHC 1289 (QB) (21 May 2020)
High Court (Technology and Construction Court)
DBE Energy Ltd v Biogas Products Ltd [2020] EWHC 1285 (TCC) (20 May 2020)
Source: www.bailii.org
‘As a result of the Covid-19 pandemic, on 19 March 2020, the Lord Chief Justice delivered a message in respect of the Civil & Family Courts in which he said: “The default position now in all jurisdictions must be that hearings should be conducted with one, more than one, or all participants attending remotely.” Legal professionals are naturally anxious to know what may be expected of them in practically in preparation for such hearings.’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
‘The Court of Appeal decision in Dr Julia Duval v 11 – 13 Randolph Crescent Ltd [2018] EWCA Civ 2298 was a wake-up call to landlords to be alive to their, often overlooked, obligations to enforce tenants’ covenants at the behest of other tenants. That decision has been confirmed by the Supreme Court: [2020] UKSC 18.’
Hardwicke Chambers, 12th May 2020
Source: hardwicke.co.uk
‘Concerns have been raised, not least by the bereaved families of key-workers in the frontline, about the possible link between workplace exposure to coronavirus and COVID-19 deaths. The Chief Coroner has now published his Guidance Note No 37 on whether, and how, coronial investigations into such deaths should be opened. This development highlights the likelihood that Coroners’ Courts will be the first fora in which issues over the adequacy and quality of the protection available to workers (whether by PPE or workplace procedures) will be investigated publicly. Given the significance of such issues, it is essential that organisations are prepared for such investigations and inquests.’
Henderson Chambers, 10th May 2020
‘This article considers a recently-handed down case making financial provision for children where one was over the age of 18 at the time of making the application and another child was over 18 at the time of judgment and compares the position with that in Italy, where provision for children can include adult children as a matter of course.’
Pump Court Chambers, 11th May 2020
Source: www.pumpcourtchambers.com
‘In a complicated but very important decision, the High Court has ruled as a preliminary issue that the procedural protections under Article 6 which require a person to be given sufficient information about the allegations against them so they can give effective instructions to their lawyers will apply to a challenge to conditions imposed by order on a man suspected to have affiliations to Al-Qaeda.’
UK Human Rights Blog, 19th May 2020
Source: ukhumanrightsblog.com
‘It is encouraging that HMCTS (Her Majesty’s Courts and Tribunals Service has published their organisational risk assessment, dealing with the broad approach to the assessment of risk around the attendance of public and professionals at court hearings during the Covid-19 outbreak. It is for others to comment on whether the apparent assumption that adherence to a two metre social distancing rule within court buildings will in fact be safe, though we note that some materials suggest that spending long periods of time in a confined room, especially an air conditioned one, is unlikely to be risk free. People can however, make up their own minds about that assessment and whether or not it is wise for them to attend court if not essential.’
Transparency Project, 20th May 2020
Source: www.transparencyproject.org.uk
‘The Supreme Court recently ruled that Morrison Supermarkets was not vicariously liable for a data breach committed maliciously by a former employee who disclosed employee payroll data online (WM Morrison Supermarkets plc v Various Claimants [2020] UKSC 12). The judgment clarified that the test for vicarious liability is whether the acts committed by the employee were ‘so closely connected’ with the acts that they were authorised to carry out by their employer that such acts ‘can fairly and properly be regarded as done’ by the employee acting in the ordinary course of his or her employment.’
Law Society's Gazette, 18th May 2020
Source: www.lawgazette.co.uk
‘A primary school breached the Data Protection Act 1988 and Human Rights Act 1998 and unlawfully misused the personal information of a child with Down’s Syndrome and her mother, the High Court has ruled.’
Local Government Lawyer, 18th May 2020
Source: www.localgovernmentlawyer.co.uk
‘It is “vitally important” that remote hearings are not accepted as the “new normal” in the civil courts after the coronavirus pandemic passes without substantial work on the quality of justice delivered, the Law Society has warned.’
Litigation Futures, 21st May 2020
Source: www.litigationfutures.com
‘The Lord Chief Justice has sent a message to magistrates saying the volume of work in the Magistrates’ Courts needs to be increased.’
Local Government Lawyer, 20th May 2020
Source: www.localgovernmentlawyer.co.uk
‘A man convicted of beating and raping a pensioner has been cleared for release from prison by the Parole Board.’
BBC News, 19th May 2020
Source: www.bbc.co.uk
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