‘A woman who police believe was sexually abused by a gang from the age of 12 has been paid a five-figure compensation sum after three trials collapsed following police failings.’
BBC News, 11th June 2020
Source: www.bbc.co.uk
‘The key phrase in most but not all of the sections of the Limitation Act 1980 is the accrual of the “cause of action”. Time runs from the accrual of the cause of action.’
Hailsham Chambers, June 2020
Source: www.hailshamchambers.com
‘The widely reported case of Gregor Fisken Limited v Mr Bernard Carl [2020] EWHC 1385 (Comm) involved one of the world’s rarest and most expensive cars, a $44m Ferrari 250 GTO Series 1 coupé, and its lost (and found) original gearbox. After a week-long trial in the High Court, it was held that the defendant seller was acting in breach of contract in failing to deliver the GTO’s original gearbox to the claimant buyer. The Court made an order for specific performance, requiring the seller to secure the delivery of the original gearbox to the buyer.’
Monckton Chambers, June 2020
Source: www.monckton.com
‘All providers of legal services, whether legally qualified or not, should be registered and regulated by a single regulator, a major review has concluded.’
Legal Futures, 11th June 2020
Source: www.legalfutures.co.uk
‘The Government’s announcement that eleven local authorities across England would be taking part in voter ID pilots for the 2019 local elections was controversial. There is a heated debate as to whether citizens should have to provide photo identification before receiving their ballot at elections. For some, it is a straight-forward measure to avoid the risk of fraud. For others, it is a policy that, by design or inadvertently, leads to the disenfranchisement of certain groups.’
UK Human Rights Blog, 9th June 2020
Source: ukhumanrightsblog.com
‘On 15 August 2010 Sally Challen beat her husband to death with a hammer, wrapped him in a curtain before washing the dishes and driving home. She was convicted of murder on 23 June 2011 and sentenced to life imprisonment, but last year that conviction was quashed by the Court of Appeal. Before the retrial the Crown accepted a guilty plea to a lesser charge of Manslaughter by reason of diminished responsibility, and Mrs Challen was released, having already served her sentence. The Forfeiture rule prevented her inheriting her husband’s estate or taking their joint assets by succession, and in September 2019 she issued proceedings under the Forfeiture Act 1982 for relief.’
New Square Chambers, June 2020
Source: www.newsquarechambers.co.uk
‘The director of public prosecutions, Max Hill, is being threatened with legal action over the failure to investigate Dominic Cummings for alleged breaches of the lockdown rules.’
The Guardian, 10th June 2020
Source: www.theguardian.com
‘On 26 May, judicial review proceedings were launched in the High Court which not only challenged the lawfulness of the Lockdown Regulations as having been made “ultra vires” under the 1984 Public Health Act, but also claimed that they are disproportionate to the threat posed by Covid-19. Philip Havers QC of 1 Crown Office Row is acting for the claimant.’
UK Human Rights Blog, 9th June 2020
Source: ukhumanrightsblog.com
‘In HMRC v Royal Opera House Covent Garden Foundation [2020] UKUT 132 (TCC), the Upper Tribunal (Morgan J and Judge Timothy Herrington) held that VAT paid on theatre production costs was not recoverable on the basis of an economic link to taxable catering supplies, overruling a decision in the Opera House’s favour at first instance. The ruling will be significant not just for the wider theatre industry, but more generally as regards the relevance of ‘commercial reality’ arguments to questions of input tax deduction.’
Monckton Chambers, 3rd June 2020
Source: www.monckton.com
‘A clinical negligence hearing is set to begin in person in the High Court today, although the judge ruled last week that it could be conducted remotely if there was no other option.’
Litigation Futures, 8th June 2020
Source: www.litigationfutures.com
‘Anthony Bryan had lived and worked in Britain for 50 years when he was suddenly detained and almost deported.’
BBC News, 8th June 2020
Source: www.bbc.co.uk
‘A “cunning” paedophile who posed as a casting agent on Facebook to lure young girls into sending indecent videos of themselves has been jailed.’
BBC News, 10th June 2020
Source: www.bbc.co.uk
‘Serial domestic abusers or stalkers should be registered and monitored in the same way as serious violent and sexual offenders, a group of cross-party MPs have said, as they put forward a proposed change to domestic abuse laws currently passing through parliament.’
The Guardian, 10th June 2020
Source: www.theguardian.com
‘This appeal was against the Deputy Master’s refusal in [2019] EWHC 3414 (Ch) to dismiss Blacks, the tenant’s counterclaim or to grant a summary money judgement in relation to S&H, the landlord’s claim for rent for over £400,000. It raised complicated issues concerning the construction and inter-relation between a set-off clause and a certification provision.’
Hardwicke Chambers, 10th June 2020
Source: hardwicke.co.uk
‘In the recent case of Trailfinders v Travel Counsellors & Ors [2020] EWHC 591 (IPEC) the court reiterated that the test was not subjective: the recipient of the client list did not have to know the information was confidential. It was objective: in equity the recipient is under a duty of confidence whenever he ought to know that the information received is fairly and reasonably to be regarded as confidential, irrespective of his actual state of mind. Further, this was now also the statutory position because under Art. 4 (4) of Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition: “The acquisition, use or disclosure of a trade secret shall also be considered unlawful whenever a person, at the time of the acquisition, use or disclosure, knew or ought, under the circumstances, to have known that the trade secret had been obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3.”’
Employment Blog, 9th June 2020
Source: employment11kbw.com
‘The criminal justice system in England and Wales is failing defendants who are disabled or have mental health conditions and needs reform to ensure everyone receives a fair trial, the equalities watchdog has warned.’
The Guardian, 11th June 2020
Source: www.theguardian.com
‘The Entrepreneur route has always provided more than its fair share of interpretative challenges to business people and their lawyers alike. And it looks like the Covid-19 concession announced for those still in the route (it was replaced for new applicants by the Innovator option in Spring 2019) is no different.’
Garden Court Chambers, 5th June 2020
Source: www.gardencourtchambers.co.uk
‘In this post, I address the question of whether or not a test case on remote witnessing could be brought now by a testator who has attempted to make a will using videoconferencing technology.’
Hardwicke Chambers, 1st June 2020
Source: hardwicke.co.uk
© Inner Temple Library 2024