‘What can we take away from the judgment in this recent Covid-19 related remote hearing case?’
Broadway House Chambers, 29th May 2020
Source: broadwayhouse.co.uk
‘Dominic Lis Waniso Lungowe & ors v Vedanta Resources PLC & anor [2020] EWHC 749 (TCC) gives important guidance on the position and role of lead solicitors in group litigation. It highlights the need for careful written arrangements setting out the relationship between lead and other solicitors and their respective responsibilities.’
Doughty Street Chambers, 19th May 2020
Source: insights.doughtystreet.co.uk
‘This piece analyses the UK government’s performance against ten policy objectives published by WHO Europe. It seeks to shed light on why there have been an estimated 22,000 ‘excess deaths’ in care homes, and why it is still not too late for the government to act.’
Doughty Street Chambers, 1st June 2020
Source: insights.doughtystreet.co.uk
‘The Supreme Court last week heard Mastercard’s appeal seeking to prevent a proposed class action on behalf of 46 million consumers valued at £14 billion from proceeding against it. The case is interesting not merely from the perspective of whether the “juggernaut” of a claim should proceed against Mastercard but also because of its impact on other competition law class actions waiting in the wings and its influence more generally on how the fledgling competition law class action regime will develop in the UK.’
Exchange Chambers, 22nd May 2020
Source: www.exchangechambers.co.uk
‘Cases where applicants seek to resist removal from the UK because of adverse health consequences have given rise to both great passions and difficult points of principle. The decision of the Supreme Court in AM (Zimbabwe) [2020] UKSC 17 gave the opportunity for the UK’s approach to catch up with that taken by the ECtHR in recent years. In this post we look at the implications of the judgment both generally and in relation to two specific scenarios, namely destitution and “fitness to fly”.’
Garden Court Chambers, 19th May 2020
Source: www.gardencourtchambers.co.uk
‘The Financial Conduct Authority (FCA) is expecting the High Court to hear its test cases on whether business interruption (BI) insurance policies cover Covid-19 in the second half of July.’
Litigation Futures, 1 June 2020
Source: www.litigationfutures.com
‘Even before the current Covid-19 outbreak, non-domestic rates were a critical concern for landlords and tenants of business premises alike. This crisis, and subsequent lockdown, has provoked even closer focus on the issue, and led to some major changes to the rates regime.’
Falcon Chambers, May 2020
Source: www.falcon-chambers.com
‘Residential leases can last a long time. A lot can change in 99 years or 999 years. What the landlord deemed an absolute “no-no” in 1965 might not seem such a bad idea now. However, following the Supreme Court’s decision in Duval v 11-13 Randolph Crescent Ltd [2020] UKSC 18; [2020] PLSCS 84 if the landlord has given other leaseholders in the block the benefit of a mutual enforceability covenant, the landlord will put itself in breach of covenant if it gives a tenant permission to do something which would breach an absolute covenant. The consequences of this decision are potentially far reaching.’
Tanfield Chambers, 13th May 2020
Source: www.tanfieldchambers.co.uk
‘Mr Justice Holgate has given judgment in ClientEarth’s judicial review of the Secretary of State’s decision to make a development consent order for the construction of two gas-fired units, and related development, at Drax Power Station in North Yorkshire (R (ClientEarth) v SSBEIS [2020] EWHC 1303 (Admin)).’
Francis Taylor Building, 22nd May 2020
Source: www.ftbchambers.co.uk
‘Solidarity protests against the death of George Floyd in the US are continuing to take place in the UK – but are they actually legal given the coronavirus lockdown?’
BBC News, 3rd June 2020
Source: www.bbc.co.uk
‘Serafin had sued Malkiewicz & Ors for libel in respect of an article they had published about him in Nowy Czas, a newspaper addressing issues of interest to the Polish community in the UK. The Court of Appeal found that the conduct of the trial by Mr Justice Jay in the High Court had been unfair towards the claimant and allowed the claimant’s appeal. The defendants appealed against that finding to the Supreme Court. They also challenged the Court of Appeal’s analysis of the effect of the Defamation Act 2013, S4, which sets out “the public interest defence” to a defamation claim.’
UKSC Blog, 3rd June 2020
Source: ukscblog.com
‘In this latest Environmental Law News Update, Charles Morgan, Christopher Badger and Mark Davies consider a Court of Appeal case on the meaning of exempt waste operations, a new report on financing energy efficient buildings and the impact of COVID-19 on the aqueous environment.’
Six Pump Court, 26th May 2020
Source: www.6pumpcourt.co.uk
‘In relation to the qualifying criteria and procedure, the Law Commission was asked to make recommendations and the report on those aspects is due in the Spring. On the question of valuation, the Law Commission’s remit was slightly different. It was required to come up with “options” to reduce the premiums payable by leaseholders, not “recommendations”. It will then be a matter for the politicians to decide which option should be adopted. The Law Commission Report (Leasehold home ownership: buying your freehold or extending your lease. Report on options to reduce the price payable (HMSO, 2020), Law Com. No. 387) on those options was published on 9 January 2020.’
Tanfield Chambers, 26th May 2020
Source: www.tanfieldchambers.co.uk
‘It is far from new for the conduct of Dominic Cummings to be a matter of political controversy. The man who is Prime Minister Boris Johnson’s current chief adviser was the Campaign Director of Vote Leave during the 2016 Brexit referendum, an organisation which was subsequently investigated by the Electoral Commission and fined for breaking electoral spending limits. Cummings has been held in contempt of Parliament, for refusing to attend a session of the House of Commons Digital, Culture, Media and Sport Committee into ‘Disinformation and “Fake News”’, examining issues raised during the referendum campaign about data use and targeted political advertising. And he is widely believed to have been a key architect of the Prime Minister’s unlawful attempt to prorogue Parliament for five weeks in September 2019, in an undemocratic attempt to subvert an intransigent and hostile legislature at a key moment in the planned process of exiting the EU.’
UK Constitutional Law Association, 3rd June 2020
Source: ukconstitutionallaw.org
‘In this judgment on the Home Secretary’s “no recourse to public funds” (NRPF) policy, the Divisional Court of the Queen’s Bench Division has confirmed that it does, citing authority going back to the time of the poor laws.’
UK Human Rights Blog, 3rd June 2020
Source: ukhumanrightsblog.com
Supreme Court
Serafin v Malkiewicz & Ors [2020] UKSC 23 (3 June 2020)
Court of Appeal (Civil Division)
B-T (A Child: Threshold Conditions) [2020] EWCA Civ 697 (03 June 2020)
Court of Appeal (Criminal Division)
Smith, R. v [2020] EWCA Crim 669 (06 May 2020)
High Court (Administrative Court)
Sandu v Italian Judicial Authority [2020] EWHC 1440 (Admin) (03 June 2020)
Pajumagi v Tartu County Court, Viljandi Courthouse, Estonia [2020] EWHC 1424 (Admin) (03 June 2020)
High Court (Chancery Division)
La Micro Group (UK) Ltd & Anor v La Micro Group, Inc & Ors [2020] EWHC 1405 (Ch) (03 June 2020)
Colt Technology Services v SG Global Group SRL [2020] EWHC 1417 (Ch) (03 June 2020)
High Court (Commercial Court)
Carillion Plc v KPMG LLP & Anor [2020] EWHC 1416 (Comm) (03 June 2020)
Pipia v BGEO Group Ltd [2020] EWHC 1359 (Comm) (02 June 2020)
High Court (Patents Court)
Teva UK Ltd v Chiesi Farmaceutici SpA [2020] EWHC 1311 (Pat) (02 June 2020)
Source: www.bailii.org
‘A High Court judge “harassed and intimidated” a litigant in person in ways which “surely would never have occurred if the claimant had been represented”, the Supreme Court has ruled.’
Litigation Futures, 3rd June 2020
Source: www.litigationfutures.com
‘Mr I, his wife and child had been given the tenancy of a two bedroom flat on the eight floor of a block of flats in discharge of the council’s homeless duty to them in September 2017. In November 2017 Mr I was suddenly paralysed from the waist down. He could not leave his bedroom and a wheelchair could not be used in the flat. The council carried out Care Act 2014 assessments, which acknowledged that he had a clear need to move to a suitable property, ground floor with 3 bedrooms and in which a wheelchair could be used.’
Nearly Legal, 3rd June 2020
Source: nearlylegal.co.uk
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