28/07/2020 – Current Awareness

Andrew Bunting -v- Zurich Insurance Plc [2020] EWHC 1807 (QB): Case Comment – 12 King’s Bench Walk

Posted July 28th, 2020 in accidents, damages, deposits, insurance, news, road traffic by sally

‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’

12 King's Bench Walk, 24th July 2020

Source: www.12kbw.co.uk

My ex has made an application for a Child Arrangements Order – now what will happen to me and my kids? – Becket Chambers

Posted July 28th, 2020 in child arrangements orders, children, divorce, family courts, news by sally

‘Many parents find it difficult to agree on the arrangements for their children after separating. This can be an extremely stressful and upsetting situation for everyone concerned. The priority should be to shield the children from arguments wherever possible but what should you do when you receive an application for a Child Arrangements Order and what does that mean for your children?’

Becket Chambers, 22nd July 2020

Source: becket-chambers.co.uk

Have sports stars been caught out by Corona – Church Court Chambers

Posted July 28th, 2020 in contract of employment, coronavirus, news, remuneration by sally

‘It is not just in the worlds of finance and commerce where the effects of the global Corona Virus pandemic are currently being felt. The sporting world is also suffering at the hands of this novel virus. And many clubs are doing anything to make savings. But will that be enough? As has been publicised this weekend, Wigan Athletic Football Club have called in the administrators as a result of their financial woes. Seven years after winning the FA Cup, their fall from those dizzy heights has reached a new low.’

Church Court Chambers, July 2020

Source: churchcourtchambers.co.uk

A Guide to Protestor Rights Balanced Against Police Powers – St Pauls Chambers

Posted July 28th, 2020 in demonstrations, freedom of expression, human rights, news, police, proportionality, public order by sally

‘Article 10 of the Human Rights Act 1998 enshrines the right to the freedom of expression and Article 11 establishes the right of freedom of assembly and association. However, these rights are qualified, meaning that, in certain circumstances, these rights can be interfered with. The interference with these rights must be proportionate and necessary in the pursuit of a legitimate aim. For example, protestor rights to freedom of expression and freedom of assembly may be compromised where this is necessary in order to ensure public safety, prevent crime or disorder, protect the rights of others, or national security.’

St Pauls Chambers, 18th July 2020

Source: www.stpaulschambers.com

UK search warrants following an International Letter of Request (R (on the application of Terra Services Ltd) v NCA): Lexis Nexis Analysis – 5SAH

Posted July 28th, 2020 in foreign jurisdictions, news, search & seizure, statutory interpretation, warrants by sally

‘Corporate Crime analysis: This judgment is the latest in an application for judicial review brought by Terra Services Ltd against the National Crime Agency (NCA), Secretary of State and Inner London Crown Court. The challenges centre around a search warrant applied for by the NCA on the basis of a direction under section 13 of the Crime (International Cooperation) Act 2003 (C(IC)A 2003) from the UK Central Authority (UKCA)—a direction made following a Letter of Request (LOR) from the US Department of Justice (DOJ) seeking assistance with a search of a storage unit. All challenges were dismissed by the court. It was held that C(IC)A 2003, ss 13 and 16 did not require the UKCA to decide for itself which statutory search power should be the subject of a direction; it was for the relevant authority to carry out a PACE-compliant inquiry.’

5SAH, 27th July 2020

Source: www.5sah.co.uk

Judicial Authorisation of Deprivation of Liberty – 39 Essex Chambers

Posted July 28th, 2020 in Court of Protection, deprivation of liberty safeguards, mental health, news, young persons by sally

‘With the delay to the introduction of the Liberty Protection Safeguards until April 2022, and unless the Mental Health Act 1983 is applicable, there is no administrative mechanism available to authorise the deprivation of liberty for a person with impaired decision-making capacity who is either (1) outside a hospital or care home; or (2) is in a hospital or care home or is aged 16 or 17. This means that, unless a court authorises the position, those people caring for the person have no legal “cover” for their actions, and (where relevant) the public body commissioning care or aware of the person’s circumstances will also be acting unlawfully.’

39 Essex Chambers, July 2020

Source: 1f2ca7mxjow42e65q49871m1-wpengine.netdna-ssl.com

Unfit for work? Fair trial rights means benefit pending review – Doughty Street Chambers

Posted July 28th, 2020 in appeals, benefits, disabled persons, employment, human rights, news by sally

‘Mr Connor, a litigant in person, yesterday persuaded the High Court to strike down a benefit review rule as a breach of Article 6 of the European Convention on Human Rights.’

Doughty Street Chambers, 25th July 2020

Source: insights.doughtystreet.co.uk

Hindsight bias in health and safety – Six Pump Court

Posted July 28th, 2020 in bias, health & safety, news, statutory duty by sally

‘David Travers QC of 6 Pump Court discusses hindsight bias, its relevance to health and safety cases and how to avoid its impact.’

Six Pump Court, July 2020

Source: www.6pumpcourt.co.uk

The End is in Sight – but what then?- St Ives Chambers

Posted July 28th, 2020 in civil procedure rules, coronavirus, news, regulations, repossession, stay of proceedings by sally

‘The stay of possession proceedings (which started on 27 March 2020) comes to an end on 23 August 2020 and the courts and government have been working on plans how to resume possession cases after that date.’

St Ives Chambers, 24th July 2020

Source: www.stiveschambers.co.uk

Landlord who converted house in 12 flats loses appeal over £500k+ confiscation order – Local Government Lawyer

Posted July 28th, 2020 in appeals, confiscation, fines, news, planning by sally

‘A defendant who turned a house into 12 flats without planning permission has lost an appeal over the subsequent imposition of a confiscation order for more than £500,000.’

Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty – UK Constitutional Law Association

Posted July 28th, 2020 in coronavirus, emergency powers, ministers' powers and duties, news, regulations by sally

‘In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”. They decided, on the advice of public health officials and experts, that this was necessary in order to at least “flatten the curve” of escalating numbers of infections and thus prevent health systems being overwhelmed. This has left many governments scrambling to find the necessary legal powers.’

UK Constitutional Law Association, 23rd July 2020

Source: ukconstitutionallaw.org

MI6 apologises for court ‘interference’ – BBC News

Posted July 28th, 2020 in intelligence services, investigatory powers, news, tribunals by sally

‘MI6 officers have been accused of attempting to interfere in a major legal battle over crimes linked to intelligence agencies.’

BBC News, 27th July 2020

Source: www.bbc.co.uk

Relationships with counsel and chambers – Law Society’s Gazette

Posted July 28th, 2020 in bias, judiciary, news, recusal by sally

‘It is of fundamental importance that judicial decisions should be made free from bias or partiality – it has long been recognised that justice must not only be done but must also be seen to be done (R v Sussex Justices, ex parte McCarthy [1924] 1 KB 256). A judge must, therefore, recuse themselves in circumstances of actual or apparent bias.’

Law Society's Gazette, 27th July 2020

Source: www.lawgazette.co.uk

Cardiff barking dog row attacker guilty of murder – BBC News

Posted July 28th, 2020 in dogs, grievous bodily harm, murder, news, noise by sally

‘A man who attacked his neighbour in a row over a barking dog has been convicted of murdering him.’

BBC News, 27th July 2020

Source: www.bbc.co.uk

Met uses software that can be deployed to see if ethnic groups ‘specialise’ in areas of crime – The Guardian

Posted July 28th, 2020 in computer programs, London, minorities, news, police by sally

‘Origins software produced by Trevor Phillips’s firm allows users to profile suspects, says company.

The Guardian, 27th July 2020

Source: www.theguardian.com

Advocacy shake-up to hit trainees but not youth courts – Legal Futures

Posted July 28th, 2020 in news, rights of audience, solicitor advocates, solicitors, Solicitors Regulation Authority, youth courts by sally

‘The Solicitors Regulation Authority (SRA) is to end the practice of allowing trainee solicitors to obtain higher rights of audience (HRA) but has reversed course on its proposed approach to advocacy in the youth courts.’

Legal Futures, 28th July 2020

Source: www.legalfutures.co.uk

Kate Ollerenshaw: Retained EU Case Law: A Fourth Option – UK Constitutional Law Association

Posted July 28th, 2020 in brexit, EC law, news, precedent, Privy Council, Supreme Court by sally

‘The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking views on the exercise of the powers contained within Section 6(5A) of the European Union (Withdrawal) Act 2018 (“the 2018 Act”) that were inserted by Section 26(1) of the European Union (Withdrawal Agreement) Act 2020 (“the 2020 Act”). These powers allow the Government, inter alia, to designate additional courts and Tribunals (over and above those already given the power via Section 6(4) of the 2018 Act) as having the ability to depart from retained EU case law.’

UK Constitutional Law Association, 27th July 2020

Source: ukconstitutionallaw.org

Mother of boy with toy gun says Met police acted out of all proportion – The Guardian

Posted July 28th, 2020 in children, firearms, news, police by sally

‘A woman whose house was raided by armed officers after her 12-year-old son was seen with a toy gun has said she supports police action targeting firearm crime but believes they acted out of all proportion.’

The Guardian, 27th July 2020

Source: www.theguardian.com

Upper Tribunal judge suggests review “long overdue” of appellate mechanisms for Data Protection Act rights – Local Government Lawyer

Posted July 28th, 2020 in appeals, data protection, news, time limits by sally

‘A comprehensive strategic review of the various appellate mechanisms for rights exercisable under the Data Protection Act is “arguably long overdue”, an Upper Tribunal judge has said.’

Local Government Lawyer, 27th July 2020

Source: www.localgovernmentlawyer.co.uk

The Legal Aid Funding Gap Could ‘Push Millions Into Poverty’. What Can We Do? – Each Other

Posted July 28th, 2020 in bereavement, carers, disabled persons, human rights, law centres, legal aid, news by sally

‘“There is no way on heaven and earth that I would have been able to [fight my case] in the state I was, I would have just fallen through,” says Michael, whose wife Pauline tragically passed away from a progressive degenerative condition in July 2017.’

Each Other, 27th July 2020

Source: eachother.org.uk

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