Recent Statutory Instruments – legislation.gov.uk

Posted August 27th, 2020 in legislation by tracey

The Waste (Circular Economy) (Amendment) Regulations 2020

The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2020

The School Information (England) (Amendment) Regulations 2020

The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2020

Source: www.legislation.gov.uk

Policing Our Privacy – Where Does the Law Lie? – 39 Essex Chambers

‘Last Tuesday the Court of Appeal (Sir Terence Etherton MR, Dame Victoria Sharp PQBD and Singh LJ) allowed the appeal of the civil liberties campaigner, Edward Bridges, against the decision of the Divisional Court which had dismissed his claim for judicial review of South Wales Police Force’s use of live automated facial recognition technology (“AFR”).’

Full Story

39 Essex Chambers, 17th August 2020

Source: www.39essex.com

JUSTICE launches timely report on urgent reform for major inquests and inquiries – JUSTICE

Posted August 27th, 2020 in inquests, inquiries, news, reports by sally

‘When a catastrophic event or systemic failure results in death or injury, the justice system must provide a framework to understand what happened and to prevent recurrence.’

Full Story

JUSTICE, 24th August 2020

Source: justice.org.uk

BAILII: Recent Decisions

Posted August 27th, 2020 in law reports by tracey

High Court (Chancery Division)

Ghai & Ors v Chahal & Anor [2020] EWHC 2319 (Ch) (27 August 2020)

High Court (Commercial Court)

Loches Capital Ltd v Goldman Sachs International [2020] EWHC 2327 (Comm) (27 August 2020)

Scott & Ors v Singh [2020] EWHC 1714 (Comm) (27 August 2020)

Source: www.bailii.org

Parents win fresh hearing in dispute over school named in EHC plan – Local Government Lawyer

‘The Upper Tribunal Administrative Appeals Chamber has ordered that a reconstituted panel of the First Tier Tribunal (FTT) should hear a dispute between the London Borough of Croydon and the parents of Child G over which school he should attend.’

Full Story

Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

COVID-19 – Enforcing safety guidelines in pubs and other licensed premises – No. 5 Chambers

Posted August 27th, 2020 in coronavirus, health & safety, licensed premises, licensing, news, regulations by sally

‘On the 8th of August 2020, the Local Government Association (“LGA”) called for a new temporary public health or COVID-19 licensing objective to be inserted into the Licensing Act (“LA”) 2003.’

Full Story

No. 5 Chambers, 14th August 2020

Source: www.no5.com

What does the end of the Coronavirus Job Retention Scheme mean for employers? – Doughty Street Chambers

Posted August 27th, 2020 in coronavirus, dismissal, employment, health & safety, news, redundancy, remuneration by sally

‘The Coronavirus Job Retention Scheme (the Scheme) is winding down in advance of its complete closure on 31 October 2020. This short article will discuss some of the practical and legal challenges that employers face in bringing workers back to work and how these can be met.’

Full Story

Doughty Street Chambers, 26th August 2020

Source: insights.doughtystreet.co.uk

Family Law Newsletter – Spire Barristers

Posted August 27th, 2020 in care orders, children, citizenship, contact orders, coronavirus, news by sally

‘Issue #37 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Georgina Dalton. Georgina commences pupillage at Spire Barristers in September 2020.’

Full Story

Spire Barristers, 26th August 2020

Source: spirebarristers.co.uk

Reopening Workplaces: Considerations for Commercial Landlord and Tenants – Thomas More Chambers

Posted August 27th, 2020 in chambers articles, coronavirus, health & safety, landlord & tenant, news by sally

‘With more businesses reopening their previously closed premises and following the Prime Minister’s recent encouragement for employees to return to work, it is important that commercial landlords and tenants consider their statutory health and safety obligations and enact all appropriate measures.’

Full Story

Thomas More Chambers, 5th August 2020

Source: www.thomasmore.co.uk

Croydon LBC v Kalonga [2020] EWHC 1353 (QB) – Tanfield Chambers

Posted August 27th, 2020 in forfeiture, housing, landlord & tenant, leases, news, repossession by sally

‘The “flexible tenancy” was the latest, and mercifully the last, in a long line of new “tenancies” created by Parliament to address perceived deficiencies within social housing. The flexible tenancy is a fixed term secure tenancy that is capable of determination at the end of its term by not becoming a secure periodic tenancy. Its purpose was to enable a greater churn of social housing and to ensure that such housing went to those tenants in greatest housing need. The flexible tenancy did not prove popular—there are said to be only 30,000 flexible tenancies in existence—and Parliament’s proposal to make such tenancies mandatory (under the Housing and Planning Act 2016) has never been brought into force.’

Full Story

Tanfield Chambers, 11th August 2020

Source: www.tanfieldchambers.co.uk

Inquests ‘more adversarial than criminal cases’, says Grenfell QC – Law Society’s Gazette

Posted August 27th, 2020 in bereavement, duty of candour, fire, health & safety, inquests, news, statutory duty by sally

‘A QC representing bereaved families in the Grenfell Tower public inquiry has backed calls for a statutory duty of candour, saying she has often found inquests far more adversarial than any criminal case she has done. ‘

Full Story

Law Society's Gazette, 26th August 2020

Source: www.lawgazette.co.uk

Costs judge strikes down CFAs worth millions – Litigation Futures

Posted August 27th, 2020 in costs, drafting, fees, news by sally

‘A costs judge has struck down three conditional fee agreements (CFAs) in a big-money commercial case for having the potential to lead to a claim for a success fee exceeding 100%.’

Full Story

Litigation Futures, 27th August 2020

Source: www.litigationfutures.com

UK supreme court ruling clears way for Isis pair to be tried in US – The Guardian

‘A US trial of two members of Islamic State accused of taking part in the beheading of hostages appears likely to go ahead, following a legal ruling that allows the UK to share evidence with US prosecutors.’

Full Story

The Guardian, 26th August 2020

Source: www.theguardian.com

New Judgment: Unwired Planet International Ltd and another) v Huawei Technologies (UK) Co Ltd and another [2020] UKSC 37 – UKSC Blog

‘This appeal discusses whether the English court has the power or jurisdiction, or is it a proper exercise of any such power or jurisdiction without the parties’ agreement:

– to grant an injunction restraining infringement of a UK SEP unless the defendant enters into a global licence under a multinational patent portfolio;
– to determine the rates/terms for such a licence; and
– to declare that such rates/terms are FRAND?’

Full Story

UKSC Blog, 26th August 2020

Source: ukscblog.com

Legal challenge halts G4S Wellingborough ‘mega prison’ contract – BBC News

Posted August 27th, 2020 in contracting out, news, prisons, tenders by sally

‘Plans to award a £300m “mega prison” contract to the security company G4S have been halted because of a legal challenge, the BBC understands.’

Full Story

BBC News, 27th August 2020

Source: www.bbc.co.uk

Force feeding not in anorexia patient’s best interests – UK Human Rights Blog

Posted August 27th, 2020 in consent, Court of Protection, hospitals, medical treatment, mental health, news by sally

‘In this carefully nuanced judgment, the Court of Protection has ruled that although a patient with a chronic eating disorder would in all probability face death she did not gain weight, it would not be in her best interests to continue being subjected to forced feeding inpatient regimes.’

Full Story

UK Human Rights, 26th August 2020

Source: ukhumanrightsblog.com

Developer wins High Court battle over refusal of permission for 100-home site – Local Government Lawyer

Posted August 27th, 2020 in housing, inquiries, news, planning by sally

‘Developer Wainhomes (North-West) has won a High Court case against the Secretary of State for Housing, Communities and Local Government over housebuilding in the area of South Ribble Borough Council.’

Full Story

Local Government Lawyer, 26th August 2020

Source: www.localgovernmentlawyer.co.uk

Judge rejects challenges to £13k award for age discrimination solicitor – Legal Futures

Posted August 27th, 2020 in age discrimination, damages, employment tribunals, law firms, news, solicitors by sally

‘An employment judge has refused applications from both sides to reconsider his decision to award an experienced property solicitor damages of £13,200 for age discrimination by a law firm.’

Full Story

Legal Futures, 27th August 2020

Source: www.legalfutures.co.uk

Windrush payout scheme not fit for purpose, say lawyers – The Guardian

‘The Windrush compensation scheme is failing to provide access to justice and is worsening people’s trauma, according to a letter sent from nine law firms to the home secretary.’

Full Story

The Guardian, 27th August 2020

Source: www.theguardian.com