Day: 5 October 2020

For this relief, much thanks – Nearly Legal

Posted October 5th, 2020 in appeals, debts, delay, forfeiture, landlord & tenant, leases, news, rent by tracey

‘Keshwala & Anor v Bhalsod & Anor (2020) EWHC 2372 (QB). An appeal from a Circuit Judge’s decision refusing relief from forfeiture, focussing on the issue of delay in making the application for relief. This was a commercial lease, though with living accommodation above. Mr Keshwala had taken a 20 year lease of the property in 2008. In 2015, the current freeholder had bought the freehold. Also in 2015, the rent first fell into arrears. The freeholder forfeited by re-entry and Mr K obtained relief from forfeiture on payment of arrears and costs.’

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Nearly Legal, 4th October 2020

Source: nearlylegal.co.uk

Government paying junior barristers less than national minimum wage – The Bar Council

Posted October 5th, 2020 in barristers, budgets, coronavirus, courts, criminal justice, delay, Ministry of Justice, news, remuneration by tracey

‘Some barristers are being paid the equivalent of £6.25 per hour by the government, less than the National Minimum Wage, despite their central role in clearing the 500,000-plus backlog of cases in the criminal courts, says the Bar Council in its Spending Review submission to the Treasury.’

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The Bar Council, 1st October 2020

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2020 in legislation by tracey

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 17) Regulations 2020

The NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) (Amendment) Order 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 5th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

“Maduro Board” of the Central Bank of Venezuela v “Guaid Board” of the Central Bank of Venezuela [2020] EWCA Civ 1249 (05 October 2020)

Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council [2020] EWCA Civ 1259 (02 October 2020)

Mirchandani v The Lord Chancellor [2020] EWCA Civ 1260 (02 October 2020)

High Court (Administrative Court)

Thornton v Oil and Gas Authority [2020] EWHC 2615 (Admin) (05 October 2020)

London Historic Parks And Gardens Trust v Secretary of State for Housing Communities And Local Government [2020] EWHC 2580 (Admin) (02 October 2020)

High Court (Chancery Division)

The Financial Reporting Council Ltd v Frasers Group Plc [2020] EWHC 2607 (Ch) (05 October 2020)

Bilta (UK) Ltd (In Liquidation) & Ors v Natwest Markets PLC & Anor [2020] EWHC 2598 (Ch) (02 October 2020)

Byers & Ors v Samba Financial Group [2020] EWHC 2591 (Ch) (02 October 2020)

Kea Investments Ltd v Watson & Ors [2020] EWHC 2599 (Ch) (02 October 2020)

High Court (Queen’s Bench Division)

North of England Coachworks Ltd v Khan [2020] EWHC 2596 (QB) (02 October 2020)

Source: www.bailii.org

Vos: ‘lawyers face steep learning curve on tech’ – Law Society’s Gazette

Posted October 5th, 2020 in barristers, computer programs, coronavirus, cryptocurrencies, data protection, electronic commerce, electronic filing, judges, legal profession, news, solicitors by tracey

‘All lawyers will need to become familiar with the concepts and workings of distributed ledger technology, smart legal contracts and cryptoassets, according to the next master of the rolls. In a foreword to a landmark report on the regulation of blockchain technology, Sir Geoffrey Vos says that the pandemic “has only emphasised our need to understand the ways in which technology is affecting our professional lives. Lawyers face a steep learning curve.” ’

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Lord Sumption: justice faces digital trade-off – Law Society’s Gazette

Posted October 5th, 2020 in civil justice, coronavirus, costs, courts, criminal justice, cross-examination, judges, news, oral hearings, remote hearings, trials, witnesses by tracey

‘The court system faces a trade-off between the quality of justice and the cost of delivering it, former Supreme Court justice Lord Sumption has said in a biting assessment of virtual hearings. Speaking at the Commercial Litigators’ Forum, Lord Sumption (Jonathan Sumption QC) said if quality of justice was the only concern “we would go back to ordinary oral hearings.” ‘

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Law Society's Gazette, 5th October 2020

Source: www.lawgazette.co.uk

Four convicted after investigation into homophobic behaviour at West Ham vs Brighton game – The Independent

Posted October 5th, 2020 in fines, homosexuality, news, public order, sexual orientation discrimination, sport by tracey

‘West Ham said they have a “zero-tolerance approach” to any kind of discrimination after four men were convicted of public order offences following an investigation into homophobic behaviour at a Premier League game.’

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The Independent, 4th October 2020

Source: www.independent.co.uk

Grenfell victim’s family aims to force change to evacuation rules for disabled people – The Guardian

Posted October 5th, 2020 in accidents, bereavement, disabled persons, families, government departments, health & safety, housing, inquiries, landlord & tenant, local government, news by tracey

‘The family of a disabled woman who died trapped in Grenfell Tower is taking legal action against the government to force high-rise owners to make evacuation plans for every disabled resident. Sakina Afrasehabi, who had severe arthritis and walked with a frame, died on the 18th floor in the June 2017 blaze at the age of 65. Now her family want a judicial review of government proposals, arising from the disaster, that personal evacuation plans should only apply for people in buildings considered at immediate fire risk.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

Gang who stole Isaac Newton and Galileo books by abseiling into building to avoid motion sensors jailed – The Independent

Posted October 5th, 2020 in artistic works, burglary, gangs, imprisonment, news, sentencing, theft by tracey

‘A dozen men have been jailed over a Mission Impossible-style heist during which thieves abseiled through a roof to avoid motion sensors in order to steal “irreplaceable” books by Isaac Newton and Galileo.’

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The Independent, 3rd October 2020

Source: www.independent.co.uk

Coronavirus: Students fined £200 over party at university halls – The Independent

Posted October 5th, 2020 in codes of practice, coronavirus, emergency powers, enforcement, fines, freedom of movement, news, universities by tracey

‘Two students have been fined £200 each following an illegal party in a university’s halls of residence, West Midlands Police has said.’

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The Independent, 3rd October 2020

Source: www.independent.co.uk

Ilford takeaway fined for serving burger after curfew – BBC News

Posted October 5th, 2020 in coronavirus, emergency powers, enforcement, fines, food, news, police by tracey

‘An east London takeaway has been fined £1,000 for serving a burger four minutes after the 10pm curfew.’

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BBC News, 5th October 2020

Source: www.bbc.co.uk

Supreme Court President Lord Reed wants more diversity in Supreme Court – BBC News

Posted October 5th, 2020 in barristers, diversity, equality, government departments, judges, judicial review, judiciary, legal profession, news, race discrimination, racism, Supreme Court by tracey

‘The new Supreme Court president says he hopes a justice from an ethnic minority background will be appointed before his retirement in six years’ time. Lord Reed said the lack of diversity among the 12 Supreme Court justices was a situation “which cannot be allowed to become shameful if it persists”.’

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BBC News, 5th October 2020

Source: www.bbc.co.uk

Coronavirus: Amnesty demands immediate inquiry into care home residents ‘abandoned to die’ – The Independent

Posted October 5th, 2020 in care homes, coronavirus, duty of care, elderly, government departments, human rights, inquiries, news, statistics by tracey

‘The human rights of older people have been violated in England’s care homes because of a series of “shockingly irresponsible” government decisions in response to the coronavirus pandemic, a report has found.’

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The Independent, 4th October 2020

Source: www.independent.co.uk