19/10/2020 – Current Awareness

Falling over backwards, if at all: The “slip” rule and its application – Becket Chambers

Posted October 19th, 2020 in chambers articles, civil procedure rules, judgments, news by sally

‘Every now and then, a court may make an “error” when giving judgment and making an order. There are circumstances where the judgment or order can be amended without giving notice to the other side and without the need for another hearing, but parties must be careful to ensure any amendments reflect the original intention of the court at the time the judgment and the order were given.’

Becket Chambers, 13th October 2020

Source: becket-chambers.co.uk

Chu v Lau [2020] UKPC 24: The Privy Council’s review of the law on just and equitable winding-up – Exchange Chambers

Posted October 19th, 2020 in appeals, chambers articles, company law, joint ventures, news, Privy Council, winding up by sally

‘In its Judgment handed down on 12 October 2020, [[2020] UKPC 24], the Privy Council, comprised of Lord Hodge, Lord Briggs, Lady Arden, Lord Leggatt and Lord Burrows, provided a welcomed clarification of the law applicable to the just and equitable winding-up of a company; with a particular emphasis on the alternative rules which apply to those companies having the status of a quasi-partnership.’

Exchange Chambers, 16th October 2020

Source: www.exchangechambers.co.uk

Relief from the forfeiture rule: Amos v Mancini [2020] EWHC 1063 (Ch) and Challen v Challen [2020] EWHC 1330 (Ch) – Radcliffe Chambers

Posted October 19th, 2020 in appeals, chambers articles, families, forfeiture, news, unlawful killing by sally

‘Two cases this year demonstrate the court’s approach to claims for relief from the forfeiture rule. The first case concerns Sandra Amos’ claim following her conviction of causing the death of her husband by careless driving. The second follows the case of Sally Challen, initially convicted of the murder of her husband. Mrs Challen’s conviction was subsequently quashed by the Court of Appeal and her guilty plea to manslaughter was later accepted by the Crown.’

Radcliffe Chambers, 7th October 2020

Source: radcliffechambers.com

Amendments to Costs Budgeting Rules Coming into Force on 1st October 2020 – St John’s Chambers

Posted October 19th, 2020 in budgets, case management, chambers articles, civil procedure rules, costs, news, practice directions by sally

‘As of 1st October 2020 several amendments to the costs budgeting rules and the related Practice Direction came into force.’

St John's Chambers, 2nd October 2020

Source: www.stjohnschambers.co.uk

New Judgment: R (on the application of Z and Anor) (AP) v Hackney London Borough Council and Anor [2020] UKSC 40 – UKSC Blog

Posted October 19th, 2020 in appeals, charities, equality, housing, Judaism, landlord & tenant, local government, news, race discrimination, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal about the application of anti-discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives. The relevant anti-discrimination laws are contained in the Equality Act 2010 and Council Directive 2000/43/EC of 29 June 2000 (the “Race Directive”).’

UKSC Blog, 16th October 2020

Source: ukscblog.com

Police 999 callouts to people suffering mental health crises soar – The Guardian

Posted October 19th, 2020 in mental health, news, police, statistics by sally

‘The police are being called to deal with soaring numbers of incidents involving people suffering from mental health crises, sparking fresh concern about lack of NHS help for the mentally ill.’

The Guardian, 18th October 2020

Source: www.theguardian.com

What Has Judicial Review Ever Done For Us? – Each Other

Posted October 19th, 2020 in constitutional law, government departments, human rights, judicial review, judiciary, news, Supreme Court by sally

‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’

Each Other, 16th October 2020

Source: eachother.org.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

Posted October 19th, 2020 in constitutional law, criminal justice, government departments, human rights, immigration, judges, judicial review, judiciary, news, parliament by sally

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

The Guardian, 19th October 2020

Source: www.theguardian.com

ICO fine for British Airways lands at £20m – Panopticon

Posted October 19th, 2020 in airlines, coronavirus, data protection, fines, news, ombudsmen by sally

‘Ever since the Information Commissioner issued British Airways with a notice proposing to impose a massive fine of £183.39m for a data breach incident in 2018, we have all be waiting with bated breath to see how that process would conclude. A fine at that level would have been the largest ever issued by a data protection regulator in Europe, and would have dwarfed the eye-watering €50m proposed by the French data protection authority CNIL in respect of Google’s advertisement personalisation practices, affecting millions of French citizens. The prospect of BA, a corporate victim of a criminal cyber-attack affecting around 400,000 people’s (mostly payment-card) data, being subject to fine in excess of 4x as large certainly grabbed the headlines.’

Panopticon, 19th October 2020

Source: panopticonblog.com

PI firms face deluge of costs claims after High Court ruling – Legal Futures

Posted October 19th, 2020 in compensation, costs, law firms, news, personal injuries by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a landmark High Court ruling.’

Legal Futures, 19th October 2020

Source: www.legalfutures.co.uk

PC Andrew Harper death: Why his family wants the law to change – BBC News

Posted October 19th, 2020 in bereavement, criminal justice, emergency services, families, homicide, imprisonment, murder, news, police, sentencing, unlawful killing by sally

‘The sentences handed down to the killers of PC Andrew Harper have sparked much public debate and resulted in his widow and mother launching rival campaigns calling for tougher punishments for those who kill emergency services workers.’

BBC News, 18th October 2020

Source: www.bbc.co.uk

When is it too harsh to separate a child from their parent? – UK Human Rights Blog

Posted October 19th, 2020 in appeals, children, criminal justice, deportation, families, human rights, immigration, news, statutory interpretation by sally

‘There has, in recent years, been a proliferation of case law on appeals against deportation by foreign national criminals on grounds of private and family life. The statutory scheme is complex enough, but the various tests (“unduly harsh”, “very compelling circumstances”) have also been subject to extensive judicial gloss, leaving practitioners and judges to wade through a confusing sea of alphabet-country soup case names.’

UK Human Rights Blog, 16th October 2020

Source: ukhumanrightsblog.com

Extending custody time limit will hit BAME people hardest, MoJ told – The Guardian

Posted October 19th, 2020 in coronavirus, Crown Court, custody, delay, equality, Ministry of Justice, news, police, proportionality, time limits by sally

‘Extending the amount of time unconvicted defendants can await trial in prison will have a disproportionate impact on people who are black, Asian or from other ethnic minorities, according to official advice handed to ministers.’

The Guardian, 16th October 2020

Source: www.theguardian.com

Remote hearings “can bring horror into your home”, says judge – Legal Futures

Posted October 19th, 2020 in coronavirus, families, family courts, judges, news, remote hearings by sally

‘A particularly unwelcome issue for judges hearing cases remotely is that some of the most disturbing elements of serious family cases are being heard at home, a High Court judge reported last week.’

Legal Futures, 19th October 2020

Source: www.legalfutures.co.uk

How smart devices are exploited for domestic abuse – BBC News

Posted October 19th, 2020 in coercive & controlling behaviour, computer programs, coronavirus, domestic violence, internet, news, spying, telecommunications by sally

‘The number of domestic abuse cases has increased dramatically since the UK’s Covid lockdown – and tech has played a role.’

BBC News, 18th October 2020

Source: www.bbc.co.uk

Nicholas Reed Langen: Is the Supreme Court more interventionist? – UK Constitutional Law Association

Posted October 19th, 2020 in constitutional law, judges, judiciary, news, parliament, Supreme Court by sally

‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’

UK Constitutional Law Association, 14th October 2020

Source: ukconstitutionallaw.org

UK supreme court backs housing charity’s ‘Jewish only’ rule – The Guardian

Posted October 19th, 2020 in appeals, charities, equality, housing, Judaism, landlord & tenant, local government, news, race discrimination, Supreme Court by sally

‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’

The Guardian, 16th October 2020

Source: www.theguardian.com

Court of Appeal to have power to depart from EU law – Litigation Futures

Posted October 19th, 2020 in appeals, brexit, courts, EC law, Ministry of Justice, news, Supreme Court by sally

‘The Ministry of Justice (MoJ) is to allow the Court of Appeal as well as the Supreme Court to depart from European Union case law from next year, despite the opposition of a majority of respondents to a consultation.’

Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

Drivers to be banned from picking up mobile phones – BBC News

Posted October 19th, 2020 in fines, government departments, news, road safety, road traffic offences, telecommunications by sally

‘It will become illegal for anyone to pick up and use their mobile phone while driving, under new legislation to be enacted next year.’

BBC News, 17th October 2020

Source: www.bbc.co.uk

Rape prosecutors in England and Wales given new advice over dating apps – The Guardian

Posted October 19th, 2020 in codes of practice, consent orders, consultations, Crown Prosecution Service, news, privacy, prosecutions, rape, sexual offences by sally

‘Prosecutors in England and Wales are being given new guidance over nude selfies and dating apps in rape and sexual assault cases.’

The Guardian, 19th October 2020

Source: www.theguardian.com

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