July 2020 – Page 21 – Current Awareness

Council to review decision-making process and reimburse mother after boy left without suitable education for second time – Local Government Lawyer

Posted July 3rd, 2020 in children, compensation, disabled persons, education, learning difficulties, local government, news, ombudsmen, school children by sally

‘Norfolk County Council has agreed to review its decision-making process and internal communications in relation to its special educational needs services, and provide its People and Communities select committee with regular updates on its performance, following a critical report from the Local Government and Social Care Ombudsman.’

Local Government Lawyer, 2nd July 2020

Source: www.localgovernmentlawyer.co.uk

Case Comment: Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25 – UKSC Blog

Posted July 3rd, 2020 in appeals, company law, insolvency, news, Supreme Court by sally

‘In this case comment, Adrian Bell, Nigel Lewis, Steven Bell and Shona Frame, all partners within the CMS Infrastructure, Construction and Energy Disputes Group, comment on the decision handed down in June 2020 in the matter of Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25.’

UKSC Blog, 1st July 2020

Source: ukscblog.com

Samuel Ley: Consistency and Conceptual Confusion – UK Constitutional Law Association

Posted July 3rd, 2020 in constitutional law, judicial review, news, Supreme Court by sally

‘This post seeks to explain and clarify the status of “consistent/equal treatment” in UK judicial review. The status of consistency in judicial review was recently considered by the UK Supreme Court in Gallaher, but the meaning of ‘consistency’ was not clearly explained. The main aim of this post is therefore one of clarification. This author hopes to put consistency on a sure conceptual footing which has otherwise been lacking in the discourse on consistency.’

UK Constitutional Law Association, 3rd July 2020

Source: ukconstitutionallaw.org

Case Comment: Regeneron v Kymab [2020] UKSC 27 – UKSC Blog

Posted July 3rd, 2020 in appeals, intellectual property, news, patents, Supreme Court by sally

‘In this case comment, Caitlin Heard, Frances Denney and Robert Stephen, who all work within the intellectual property team at CMS, comment on the judgment handed down by the Supreme Court in June 2020 in the matter of Regeneron v Kymab [2020] UKSC 27, which concerns whether patents were invalid for insufficiency.’

UKSC Blog, 2nd July 2020

Source: ukscblog.com

New UK law could challenge China over Hong Kong, but will it go far enough? – The Guardian

Posted July 3rd, 2020 in China, delay, foreign jurisdictions, government departments, Hong Kong, human rights, international law, news, sanctions by sally

‘New UK human rights sanctions legislation set to be published in the next few weeks is being touted as a possible tool with which to confront Chinese officials over Hong Kong, but questions loom about whether the law’s range and impact can meet such high expectations.’

The Guardian, 2nd July 2020

Source: www.theguardian.com

FOIA Appeals and Enforcement: Who has the Power? – Panopticon

Posted July 3rd, 2020 in appeals, data protection, enforcement, freedom of information, local government, news, tribunals by sally

‘When the First-tier Tribunal decides an information rights appeal and finds in favour of the requestor, who has the responsibility for enforcing any non-compliance with that judgment? Is it the FTT, or is the Information Commissioner? In an interesting judgment of Judge Jacobs in Moss v Information Commissioner & Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC), the Upper Tribunal has held that it is the FTT.’

Panopticon, 2nd July 2020

Source: panopticonblog.com

Stop and search stats may thwart diversity push, UK police warned – The Guardian

Posted July 3rd, 2020 in diversity, equality, news, police, proportionality, race discrimination, statistics, stop and search by sally

‘Efforts to improve diversity among police officers are at risk of being thwarted by the disproportionate use of stop-and-search powers against black men, a senior policing watchdog has warned.’

The Guardian, 2nd July 2020

Source: www.theguardian.com

Figures reveal low level of negligence claims against barristers – Legal Futures

Posted July 3rd, 2020 in barristers, negligence, news, professional conduct, statistics by sally

‘The average barrister only makes one notification of a possible professional negligence claim every 20 years, figures from the Bar Mutual Indemnity Fund (BMIF) have revealed.’

Legal Futures, 3rd July 2020

Source: www.legalfutures.co.uk

Adventures in forfeiture – brothels and specifying the breach – Nearly Legal

Posted July 3rd, 2020 in appeals, forfeiture, housing, landlord & tenant, leases, news, probation, prostitution, soliciting to murder, tribunals by sally

‘An Upper Tribunal appeal of an FTT decision that the leaseholder, Ms M, was in breach of lease, and specifically a restriction “Not to do or permit or suffer in or upon the Demised Premises or any part thereof any illegal or immoral act or any act or thing which may be or may become a nuisance or annoyance or cause damage to the Lessors or the tenants of the Lessor or the occupiers of any part of the Building.”’

Nearly Legal, 1st July 2020

Source: nearlylegal.co.uk

High court hears legal challenge to England’s lockdown restrictions – The Guardian

Posted July 3rd, 2020 in coronavirus, emergency powers, freedom of movement, government departments, human rights, judicial review, news, proportionality by sally

‘The government’s lockdown, which has closed schools, premises and companies while limiting free movement, is the “most sweeping and far-reaching” restriction on fundamental rights since the second world war, the high court has been told.’

The Guardian, 2nd July 2020

Source: www.theguardian.com

New video platform to be rolled out across civil courts – Litigation Futures

Posted July 3rd, 2020 in civil justice, coronavirus, courts, HM Courts Service, Ministry of Justice, news, remote hearings by sally

‘The new video platform enabling more remote cases to be heard in the criminal courts will rolled out to the civil courts over the coming months, the Ministry of Justice confirmed yesterday.’

Litigation Futures, 2nd July 2020

Source: www.litigationfutures.com

Drunken barrister reprimanded for threatening colleague – Legal Futures

Posted July 3rd, 2020 in barristers, blackmail, disciplinary procedures, news, professional conduct by sally

‘A drunken barrister who threatened a fellow member of chambers in a bid to have them accede to a tenancy application has been reprimanded by a Bar disciplinary tribunal.’

Legal Futures, 2nd July 2020

Source: www.legalfutures.co.uk

5 Things You Should Know About Local Lockdowns – Each Other

Posted July 3rd, 2020 in coronavirus, emergency powers, enforcement, freedom of movement, human rights, local government, news by sally

‘Who decides whether my area needs to go into local lockdown? How will it be enforced? What is being done to protect the most vulnerable? These are a few of the questions on people’s minds after England’s first local lockdown came into force this week.’

Each Other, 3rd July 2020

Source: eachother.org.uk

Role of UK judges in Hong Kong appeal court comes under scrutiny – The Guardian

Posted July 3rd, 2020 in appeals, China, colonies, foreign jurisdictions, Hong Kong, judiciary, news by sally

‘The role of British judges who sit on Hong Kong’s highest court has come under intensive scrutiny as the new, Beijing-enforced national security law transforms the former colony’s legal freedoms.’

The Guardian, 2nd July 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 2nd, 2020 in legislation by tracey

The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) (No. 2) Regulations 2020

The Secure Training Centre (Coronavirus) (Amendment) Rules 2020

The Traffic Management Act 2004 (Commencement No. 9) (England) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 2nd, 2020 in law reports by tracey

Supreme Court

Hilton, R. v (Northern Ireland) [2020] UKSC 29 (1 July 2020)

Villiers v Villiers [2020] UKSC 30 (1 July 2020)

Court of Appeal (Civil Division)

Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824 (01 July 2020)

Rees & Anor v Windsor-Clive & Ors [2020] EWCA Civ 816 (01 July 2020)

High Court (Administrative Court)

Bishop v Public Service Ombudsman for Wales [2020] EWHC 1503 (Admin) (02 July 2020)

High Court (Chancery Division)

Gibbons & Anor v Smith & Ors [2020] EWHC 1727 (Ch) (01 July 2020)

The Financial Conduct Authority v Avacade Ltd & Ors [2020] EWHC 1673 (Ch) (30 June 2020)

High Court (Commercial Court)

Deutsche Bank AG London Branch v Receivers Appointed By the Court & Ors [2020] EWHC 1721 (Comm) (02 July 2020)

CH Offshore Ltd v Internaves Consorcio Naviero SA & Ors [2020] EWHC 1710 (Comm) (01 July 2020)

High Court (Queen’s Bench Division)

Ameyaw v McGoldrick & Ors [2020] EWHC 1741 (QB) (02 July 2020)

Piepenbrock v Associated Newspapers Ltd & Ors [2020] EWHC 1708 (QB) (01 July 2020)

Source: www.bailii.org

‘Blow’ for PPF as UK pension compensation cap ruled unlawful – OUT-LAW.com

Posted July 2nd, 2020 in age discrimination, compensation, news, pensions by tracey

‘A statutory cap on compensation payable by the UK’s Pension Protection Fund (PPF) to those who have not yet reached pension age is unlawful discrimination on the grounds of age, the High Court has ruled.’

OUT-LAW.com, 1st July 2020

Source: www.pinsentmasons.com

Covid 19: The impact of the crisis on competition law and tax issues in sport – Sports Law Bulletin from Blackstone Chambers

Posted July 2nd, 2020 in competition, coronavirus, news, sport, taxation by tracey

‘Covid 19: The impact of the crisis on competition law and tax issues in sport.’

Sports Law Bulletin from Blackstone Chambers, 2nd July 2020

Source: www.sportslawbulletin.org

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