International community “will see Halliburton ruling as protecting Bar” – Litigation Futures

‘The Supreme Court’s decision not to remove a QC from an arbitration will reinforce the international perception that members of the English Bar are being protected, a solicitor has claimed.’

Full Story

Litigation Futures, 30th November 2020

Source: www.litigationfutures.com

New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 – UKSC Blog

‘The Supreme Court has unanimously dismissed this appeal addressing when an arbitrator should make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality.’

Full Story

UKSC Blog, 27th November 2020

Source: ukscblog.com

Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

Full Story

Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 30th, 2020 in legislation by tracey

The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020

The Health Protection (Coronavirus, International Travel) (England) (Amendment) (No. 27) Regulations 2020

The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020

Source: www.legislation.gov.uk

Silent sufferers? Bar’s efforts to improve harassment reporting failing – Legal Futures

Posted November 30th, 2020 in barristers, bullying, harassment, news, pilot schemes, sexual offences by sally

‘The Bar Standards Board (BSB) is to “reflect” on the duty on barristers to report harassment, with efforts to improve reporting proving ineffective, as it looks at new measures to tackle bullying and harassment.’

Full Story

Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

BAILII: Recent Decisions

Posted November 30th, 2020 in law reports by tracey

Supreme Court

Revenue and Customs v London Clubs Management Ltd [2020] UKSC 49 (27 November 2020)

Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48 (27 November 2020)

Court of Appeal (Civil Division)

O’Neill v Holland [2020] EWCA Civ 1583 (27 November 2020)

Nikolaeva v London Borough of Redbridge [2020] EWCA Civ 1586 (27 November 2020)

Simpson v Cantor Fitzgerald Europe [2020] EWCA Civ 1601 (27 November 2020)

C (Revocation of Placement Orders) [2020] EWCA Civ 1598 (27 November 2020)

Varma v Atkinson & Anor [2020] EWCA Civ 1602 (27 November 2020)

Wingfield, R (on the application of) v Canterbury City Council & Anor [2020] EWCA Civ 1588 (27 November 2020)

Court of Appeal (Criminal Division)

Bond & Anor, R v [2020] EWCA Crim 1596 (27 November 2020)

High Court (Chancery Division)

Hood v JD Classics Ltd (In Administration) [2020] EWHC 3232 (Ch) (27 November 2020)

Fine Care Homes Ltd v National Westminster Bank Plc & Anor [2020] EWHC 3233 (Ch) (27 November 2020)

Kirby & Ors v Baker & Metson Ltd [2020] EWHC 3181 (Ch) (27 November 2020)

High Court (Family Division)

Ali v Nazma & Ors [2020] EWHC 3195 (Fam) (27 November 2020)

High Court (Queen’s Bench Division)

Tate v Allianz Iard SA [2020] EWHC 3227 (QB) (27 November 2020)

Gerrard & Anor v Eurasian Natural Resources Corporation Ltd & Anor [2020] EWHC 3241 (QB) (27 November 2020)

Ameyaw v McGoldrick & Ors [2020] EWHC 3234 (QB) (27 November 2020)

Source: www.bailii.org

Landmark inquest to rule if air pollution killed London pupil – The Guardian

‘An inquest is to consider evidence that illegal levels of air pollution caused the death of a nine-year-old girl, in a landmark legal case.’

Full Story

The Guardian, 30th November 2020

Source: www.theguardian.com

‘Lawyers aren’t a charity’: Family judge awards £60k incurred costs – Law Society’s Gazette

Posted November 30th, 2020 in children, costs, families, family courts, financial provision, news by sally

‘The High Court has awarded five-figure costs midway through family litigation and made the point that the lawyers involved should not be expected to wait for payment.’

Full Story

Law Society's Gazette, 27th November 2020

Source: www.lawgazette.co.uk

New Judgment: Commissioners for Her Majesty’s Revenue & Customs v London Clubs Management Ltd [2020] UKSC 49 – UKSC Blog

Posted November 30th, 2020 in appeals, gambling, news, statutory interpretation, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach as to determining the value of non-negotiable chips for the purpose of calculating gaming duty.’

Full Story

UKSC Blog, 27th November 2020

Source: ukscblog.com

What really happened to Edson Da Costa? – The Guardian

‘He was 25, a father and a car mechanic. Five minutes after being stopped by police on 15 June 2017, he was lying unresponsive on the ground. After an inquest and inquiry, family and friends are still fighting for justice’

Full Story

The Guardian, 29th November 2020

Source: www.theguardian.com

High Court refuses to strike out solicitor’s surveillance harassment claim – Legal Futures

‘The High Court has refused to strike out claims of harassment brought by a solicitor and his wife over surveillance of them carried out at the instruction of a former client.’

Full Story

Legal Futures, 30th November 2020

Source: www.legalfutures.co.uk

Stonehenge tunnel: Legal challenge to ‘destructive’ plans – BBC News

Posted November 30th, 2020 in government departments, historic buildings, news, planning, roads, transport by sally

‘A campaign group is planning a legal challenge over the transport secretary’s decision to approve a £1.7bn tunnel near Stonehenge.’

Full Story

BBC News, 30th November 2020

Source: www.bbc.co.uk

Abuse of older people reaches ‘unprecedented level’ during pandemic – Daily Telegraph

Posted November 30th, 2020 in charities, coronavirus, elderly, news, sexual offences, statistics, victims by sally

‘Abuse of older people is at “unprecedented levels” – with almost 2.7 million victims thought to be affected in the UK, a charity has said.’

Full Story

Daily Telegraph, 30th November 2020

Source: www.telegraph.co.uk

Government urged to fix ‘disastrous state’ of rape prosecutions – The Guardian

‘An alliance of women’s organisations is calling for radical reforms to address the “disastrous state” of rape investigations and prosecutions, including a ministerial lead, a commission on juries and a ban on the use of sexual history evidence.’

Full Story

The Guardian, 30th November 2020

Source: www.theguardian.com

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

Full Story

UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

Chambers “expected” to commit to race audits and ‘positive action’ – Legal Futures

‘Chambers should conduct race equality audits and, if necessary, introduce “positive action” to address the problems identified, as well as publish anti-racist statements, the Bar Standards Board (BSB) is set to say.’

Full Story

Legal Futures, 27th November 2020

Source: www.legalfutures.co.uk

R v Luckett (Michael David) [2020] EWCA Crim 565 – CrimeCast.Law

‘“This was one of a pair of recent cases, which tend to suggest that police officers and those who aspire to be police officers are still held to a higher standard than the public they are sworn to protect. It was a sentencing appeal following a plea of guilty by a former police officer, who had made use of information gathered in the course of investigating a drink driving offence to get in touch with the defendant and subsequently enter into a long-term personal relationship with her. He resigned from the police and pleaded guilty to misconduct in a public office. His appeal against the sentence prompted the Court of Appeal to refer to earlier authorities on sentencing for misconduct in a public office by serving police officers and gave the court an opportunity to emphasise the gravity of the offence, whilst at the same time proving that the quality of mercy is not strained …”’

Full Story

CrimeCast.Law, 26th November 2020

Source: crimecast.law

BSB publishes anti-racist statement – Bar Standards Board

‘The Bar Standards Board (BSB) last night agreed an anti-racist statement which aims to reduce race inequality at the Bar of England and Wales.’

Full press release

Bar Standards Board, 27th November 2020

Source: www.barstandardsboard.org.uk

BSB publishes its first Regulatory Decisions Report – Bar Standards Board

‘The Bar Standards Board (BSB) has today published its first annual Regulatory Decisions Report. It covers the year ending on 31 March 2020.’

Full press release

Bar Standards Board, 27th November 2020

Source: www.barstandardsboard.org.uk

New Act – legislation.gov.uk

Posted November 27th, 2020 in fisheries, legislation by tracey

Fisheries Act 2020