‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’
39 Essex Chambers, 9th November 2020
Source: www.39essex.com
‘Doctors forced to choose which patients to treat during the coronavirus pandemic and who would be left to die should be protected from prosecution, the prime minister has been told.’
The Guardian, 17th November 2020
Source: www.theguardian.com
‘Richard Clayton QC of Kings Chambers and Exchequer Chambers, and Faisel Sadiq discuss the upcoming appeal in Ludgate House Ltd v Ricketts (VO), in which they are instructed to represent the appellant (London Borough of Southwark), and how it is likely to play a significant role in the future of property guardian schemes.’
Hardwicke Chambers, 4th November 2020
Source: hardwicke.co.uk
‘In the English civil court case Bates v Post Office Limited (Bates 2019), the properties of the Post Office Horizon transaction-processing system were investigated and argued.’
Digital Evidence and Electronic Signature Law Review, June 2020
Source: journals.sas.ac.uk
‘The brief facts of the matter are that the parties cohabited and were married for a total of 11 years. They had two children, aged 8 and 10. When they met both the Husband (H) and the Wife (W) were working as solicitors with H an associate and W a trainee although W became an associate on qualifying in 2001. They started a relationship in 2002/3 and in that year, H became an equity partner. By 2019 he earned net of tax just short of £1m per annum. In 2006 W became a managing associate, and in 2007 cohabitation started. Later that year W left the firm to be an in-house lawyer at a bank (on the promise she could work part time if she had children). In 2010 she was made a director, although after her maternity leave she found she was not permitted to work part time in the legal department, and took a part time role in the business team. In 2016 she was made redundant, and she did not work after that.’
Becket Chambers, 2nd November 2020
Source: becket-chambers.co.uk
‘Companies recommended by MPs, peers and ministers’ offices were given priority as the government raced to obtain Personal Protective Equipment, the National Audit Office found.’
BBC News, 18th November 2020
Source: www.bbc.co.uk
‘Making one of the four enhanced awards of beating a part 36 offer does not “in any way” undermine or lessen entitlement to the others, the Court of Appeal has ruled.’
Litigation Futures, 18th November 2020
Source: www.litigationfutures.com
‘Until 31 December 2020, if the English court has jurisdiction to hear a claim under the Brussels Regulation (recast), the claimant does not need permission to serve the claim form out of the UK (CPR rule 6.33(2)).’
EU Relations Law, 17th November 2020
Source: eurelationslaw.com
‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’
Local Government Lawyer, 17th November 2020
Source: www.localgovernmentlawyer.co.uk
‘Precarious workers have been wrongly denied health and safety protections amid the pandemic, a court has found.’
Each Other, 17th November 2020
Source: eachother.org.uk
‘Claimant personal injury lawyers have turned to the Lord Chief Justice to support an urgent review of the government’s proposed tariff of damages for next April’s whiplash reforms.’
Legal Futures, 18th November 2020
Source: www.legalfutures.co.uk
‘Police forces can resume handing out £10,000 fines for breaches of coronavirus regulations, the National Police Chiefs’ Council (NPCC) has said following discussions with the government.’
The Guardian, 17th November 2020
Source: www.theguardian.com
‘The recent decision of the High Court in Winlink Marketing Limited v Liverpool Football Club [2020] EWHC 2271 may have long lasting consequences for agents and intermediaries in facilitating and introducing parties to high-value sponsorship deals.’
2 Hare Court, 2nd November 2020
Source: www.2harecourt.com
‘The coronavirus pandemic has led to ongoing widespread business disruption and closures with a second national lockdown commencing this week. As such, certainty over whether business can bring claims under their business interruption (“BI”) insurance policies could not be more important.’
12 King's Bench Walk, 2nd November 2020
Source: www.12kbw.co.uk
‘In 2017 a 24-year-old woman, Louella Fletcher Michie, died at the Bestival Music Festival, having taken 2-CP, a Class A drug, supplied by her boyfriend, the appellant.’
2 Hare Court, November 2020
Source: www.2harecourt.com
‘The High Court appeal in Griffiths v TUI [2020] EWHC 2268 handed down in August 2020 has been much remarked on by personal injury lawyers, but the decision is also of interest for cases in the business and property courts, as it places a significant restriction on the role of the Court in cases of “unopposed” expert evidence.’
Hardwicke Chambers, 4th November 2020
Source: hardwicke.co.uk
‘The criteria for assessing the distinctive character of three-dimensional trade marks consisting of the appearance of the product itself are no different from those applicable to other categories of mark.’
3PB, 3rd November 2020
Source: www.3pb.co.uk
‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’
Local Government Lawyer, 17th November 2020
Source: www.localgovernmentlawyer.co.uk
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