Month: June 2020

When does a crime cause “serious harm”? Court of Appeal considers the application of Article 8 to foreign national offenders – UK Human Rights Blog

Posted June 16th, 2020 in appeals, deportation, guilty pleas, human rights, indecent photographs of children, news, possession of false identity documents by sally

‘This judgment concerns the definition of “an offence that has caused serious harm” for the purpose of an appeal against deportation on private and family life grounds under Article 8. In this set of cases, the Court of Appeal took a broad view as to the meaning of this provision, but also held that there must be evidence that the offender has actually caused serious harm.’

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UK Human Rights Blog, 15th June 2020

Source: ukhumanrightsblog.com

Over 1,000 prison leavers left homeless amid pandemic, MoJ figures show – The Guardian

Posted June 16th, 2020 in coronavirus, homelessness, housing, news, prisons by sally

‘More than 1,000 prisoners were released into homelessness at the height of the coronavirus pandemic in England and Wales, figures show, prompting the government to increase funding for accommodation for prison leavers.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Ezair v. Conn [2020] EWCA (Civ) 687 – Falcon Chambers

Posted June 16th, 2020 in constructive trusts, contracts, news, sale of land by sally

‘In Ezair v. Conn [2020] EWCA (Civ) 687, the Court of Appeal has struck a blow in favour of established doctrine, in a case involving uncompleted contracts for the sale and sub-sale of land.’

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Falcon Chambers, 4th June 2020

Source: www.falcon-chambers.com

Regulation in the time of Coronavirus by Nicola Hoskins – Broadway House Chambers

Posted June 16th, 2020 in coronavirus, financial regulation, news, regulations, Solicitors Regulation Authority by sally

‘At the moment, the phrase “business as usual” means anything but: business unusual, we might say. For some, it means a substantial part of the operation is running remotely; others are subject to extensive furloughs and others still will be seeing a downturn in demand or cashflow from which there may be no easy recovery. This is likely to be the case even as the restrictions begin to ease: social distancing and changes in consumer behaviour may result in remote working and smaller operations for some considerable time to come. Whatever the position, businesses will still be subject to regulatory oversight which may present more challenges than usual. This article will take a brief look at some of the key points, along with some practical considerations arising.’

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Broadway House Chambers, 8th June 2020

Source: broadwayhouse.co.uk

Promises, promises: what is a landlord to do? Looking at the Supreme Court ruling in Duval v 11-13 Randolph Crescent – Becket Chambers

Posted June 16th, 2020 in covenants, enforcement, landlord & tenant, leases, news, Supreme Court by sally

‘Is a landlord of a block of flats entitled to grant a licence to a lessee to carry out work which would breach an absolute covenant contained in a lease of their flat, where the leases of other flats in the same building require them to enforce covenants at the request of a lessee of one of those other flats, without being in breach of the latter covenant?’

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Becket Chambers, 11th June 2020

Source: becket-chambers.co.uk

Sweary senior partner wins damages reassessment – Legal Futures

Posted June 16th, 2020 in damages, employment tribunals, harassment, law firms, news, paralegals by sally

‘An employment tribunal has been ordered to reconsider the £47,000 in damages that it awarded to a paralegal subjected to foul-mouthed tirades by the senior partner of a London law firm.’

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Legal Futures, 12th June 2020

Source: www.legalfutures.co.uk

The UK government responded to Black Lives Matter – by protecting statues – The Guardian

Posted June 16th, 2020 in criminal damage, criminal justice, minorities, monuments, news, sentencing by sally

‘Our justice system is in tatters, yet what may be the first piece of bipartisan legislation to pass is one protecting the feelings of concrete.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Survivors of Manchester Arena bombing in legal action to secure core participant status at public inquiry – Local Government Lawyer

Posted June 16th, 2020 in explosives, inquiries, news, terrorism, victims by sally

‘Survivors of the Manchester Arena bombing are taking legal action to try to secure core participant status at the public inquiry into the atrocity.’

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Local Government Lawyer, 11th June 2020

Source: www.localgovernmentlawyer.co.uk

Man jailed for urinating at PC Keith Palmer memorial during protest – BBC News

Posted June 16th, 2020 in monuments, news, outraging public decency, sentencing by sally

‘A man has been jailed for urinating at the Westminster memorial dedicated to PC Keith Palmer.’

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BBC News, 15th June 2020

Source: www.bbc.co.uk

Rise in injunctions against HS2 protesters – The Guardian

Posted June 16th, 2020 in demonstrations, environmental protection, injunctions, local government, news, railways by sally

‘HS2 protesters have been accused of practising early morning yoga, swimming naked in a lake and “howling at the moon” as a council seeks a high court injunction to stop direct action against the project.’

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The Guardian, 13th June 2020

Source: www.theguardian.com

Man sues Met police over injuries suffered in alleged racist arrest – The Guardian

Posted June 16th, 2020 in complaints, London, news, police, racism, stop and search, wrongful arrest by sally

‘A man who suffered a broken wrist and damage to his arm and shoulder after he was detained outside his home in what he believes was a wrongful racist arrest is suing the Metropolitan police over his injuries.’

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The Guardian, 15th June 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 16th, 2020 in legislation by tracey

The Weights and Measures Act 1985 (Definitions of “Metre” and “Kilogram”) (Amendment) Order 2020

The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 16th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

A (A Child) (Rev 1) [2020] EWCA Civ 731 (15 June 2020)

High Court (Administrative Court)

Adiatu & Anor, R (On the Application Of) v Her Majesty’s Treasury [2020] EWHC 1554 (Admin) (15 June 2020)

Harris, Re review of the tariff [2020] EWHC 1540 (Admin) (15 June 2020)

High Court (Technology and Construction Court)

Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors [2020] EWHC 1523 (TCC) (15 June 2020)

Source: www.bailii.org

The price of an unreasonable refusal to engage: ADR, Litigation and cost consequences – 3PB

Posted June 15th, 2020 in chambers articles, coronavirus, costs, dispute resolution, news, part 36 offers by sally

‘The touchstone of all ADR procedures is that parties enter into them voluntarily. However, there is an increasing body of case law in the English courts that suggests mediation should be seriously considered:

a. before litigation is entered into. Failure to do so may result in adverse or impacted
costs for a client, even if successful; and

b. in the course of litigation (instigated by the parties and increasingly with court
directions) an unreasonable refusal of a request to mediate may have bearing on
Part 36 offers and costs.

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3PB, 8th June 2020

Source: www.3pb.co.uk

Termination of a Code Agreement by Operators – Falcon Chambers

Posted June 15th, 2020 in chambers articles, codes of practice, contracts, electronic mail, Law Commission, news, telecommunications by sally

‘In this article we intend to examine the continuation of a Code agreement falling within the terms of the Electronic Communications Code (“the Code”) and the ability of an operator to terminate it permanently, such that the agreement may be treated as at an ended at the specified break date without any ongoing continuation of the operator’s contractual liability. We shall also consider the issue of renewal following termination.’

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Falcon Chambers, June 2020

Source: www.falcon-chambers.com

GMC can investigate solicitor doctor over legal advice – Legal Futures

Posted June 15th, 2020 in disciplinary procedures, doctors, jurisdiction, news, privilege, professional conduct, regulations, solicitors by sally

‘A claim that a solicitor who is also a doctor provided dishonest advice to his clients can be subject to the General Medical Council’s (GMC) disciplinary process, the High Court has ruled.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Lords seek to allow gene-editing in UK ‘to produce healthy, hardier crops’ – The Guardian

Posted June 15th, 2020 in agriculture, bills, environmental health, environmental protection, news, parliament by sally

‘Peers are preparing plans to legalise the gene-editing of crops in England, a move that scientists say would offer the nation a chance to develop and grow hardier, more nutritious varieties. The legislation would also open the door to gene-editing of animals.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Neighbourhood forum wins Planning Court challenge over Leeds site allocations plan and Green Belt land releases – Local Government Lawyer

Posted June 15th, 2020 in environmental protection, housing, local government, news, planning by sally

‘A neighbourhood forum has successfully challenged Leeds City Council’s site allocation plan in the High Court in a dispute over calculating Green Belt release for housebuilding.’

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Local Government Lawyer, 11th

Source: www.localgovernmentlawyer.co.uk

90% of law firms “breaching transparency rules” – Legal Futures

Posted June 15th, 2020 in consumer protection, fees, internet, law firms, news, solicitors, Solicitors Regulation Authority, statistics by sally

‘The news comes with the regulator planning to step up its checks.’

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Legal Futures, 15th June 2020

Source: www.legalfutures.co.uk

Racism contributed to disproportionate UK BAME coronavirus deaths, inquiry finds – The Guardian

Posted June 15th, 2020 in coronavirus, equality, government departments, inquiries, news, race discrimination, racism, statistics by sally

‘Racism and discrimination suffered by Britain’s black, Asian and minority ethnic people has contributed to the high death rates from Covid-19 in those communities, an official inquiry has found.’

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The Guardian, 14th June 2020

Source: www.theguardian.com