Day: 28 October 2020
BAILII: Recent Decisions
Court of Appeal (Civil Division)
KB (Jamaica) v Secretary of State for the Home Department [2020] EWCA Civ 1385 (28 October 2020)
S (A Child : Finding of Fact) [2020] EWCA Civ 1382 (27 October 2020)
Chief Constable of West Yorkshire Police & Ors v Dyer & Ors [2020] EWCA Civ 1375 (27 October 2020)
Court of Appeal (Criminal Division)
Bassett v R. [2020] EWCA Crim 1376 (28 October 2020)
High Court (Administrative Court)
Crocker v Devon And Cornwall Police [2020] EWHC 2838 (Admin) (28 October 2020)
Ali v Director of Public Prosecutions [2020] EWHC 2864 (Admin) (27 October 2020)
Zins, R (On the Application Of) v East Suffolk Council [2020] EWHC 2850 (Admin) (27 October 2020)
High Court (Chancery Division)
Sheeran & Ors v Chokri & Ors [2020] EWHC 2806 (Ch) (28 October 2020)
Sunbird Business Services Ltd, Re [2020] EWHC 2860 (Ch) (28 October 2020)
High Court (Queen’s Bench Division)
Toms (t/a Goldbergs Solicitors) v Brannan [2020] EWHC 2866 (QB) (27 October 2020)
Source: www.bailii.og
Claire Parry death: PC Timothy Brehmer jailed for manslaughter – BBC News
‘A police officer who strangled his long-term lover after she exposed their affair to his wife has been jailed.’
BBC News, 28th October 2020
Source: www.bbc.co.uk
Overturning a coroner’s verdict – 5SAH
‘Why is it so difficult to overturn a coroner’s verdict at inquest level? And are coroners entitled to reach the decisions they do with regards the scope of the inquest?’
5SAH, 20th October 2020
Source: www.5sah.co.uk
Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk
‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’
12 King's Bench Walk, 9th October 2020
Source: www.12kbw.co.uk
Recovery against insolvent estates – The 36 Group
‘Local authorities frequently have cause to seek recovery of sums owing from the estates of deceased persons, particularly (but not exclusively) in relation to care home fees owed by the deceased.’
The 36 Group, 26th October 2020
Source: 36group.co.uk
A higher test of necessity for arrest? – UK Police Law Blog
‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’
UK Police Law Blog, 27th October 2020
Source: ukpolicelawblog.com
Four in ten parents “do not understand remote hearings” – Legal Futures
‘Four in ten parents who have been involved in a remote family hearing say they did not understand it, a major study has discovered.’
Legal Futures, 28th October 2020
Source: www.legalfutures.co.uk
Black people nine times more likely to face stop and search than white people – The Guardian
‘Black people are nine times more likely to be stopped and searched by police than white people, official figures for England and Wales show.’
The Guardian, 27th October 2020
Source: www.theguardian.com
The costs of freezing order applications – Littleton Chambers
‘The question of what costs order should follow the grant of interim injunctive relief is of obvious practical significance to parties. While costs will generally be awarded against the applicant if interim relief is refused, the costs position after a grant of relief is far less predictable. Cases can be found where judges have made costs orders against respondents, or where costs issues have been deferred until trial. Most turn on their own facts and procedural histories.’
Littleton Chambers, 21st October 2020
Source: littletonchambers.com
Civil Justice Council launches review of Pre-action Protocols – Local Government Lawyer
‘The Civil Justice Council has launched a review of Pre-action Protocols (PAPs) that will look at all aspects of PAPs including their purpose, whether they are working effectively in practice and what reforms, if any, are required.’
Local Government Lawyer, 28th October 2020
Source: www.localgovernmentlawyer.co.uk
Inquest concludes that fatal stabbing of Bathsheba Shepherd could have been prevented – Garden Court Chambers
‘The family of a vulnerable woman who was killed by her housemate while in supported accommodation have spoken of their loss after an inquest found that her death could have been prevented if effective risk assessments had been carried out.’
Garden Court Chambers, 5th October 2020
Source: www.gardencourtchambers.co.uk
Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian
‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’
The Guardian, 27th October 2020
Source: www.theguardian.com
Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers
‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’
Henderson Chambers, 12th October 2020
Source: www.hendersonchambers.co.uk
Supreme Court decision on governing law of arbitration agreement – Littleton Chambers
‘The main issue was how to determine the governing law of an arbitration agreement when the law applicable to the contract containing it was not the law of the seat of the arbitration.’
Littleton Chambers, 9th October 2020
Source: littletonchambers.com
‘Justice must be for all’: why court intermediaries are vital for vulnerable people – The Guardian
‘Concerns are growing that a service to help people follow court proceedings in England and Wales is to be privatised and deregulated.’
The Guardian, 28th October 2020
Source: www.theguardian.com
