Day: 2 December 2020
BAILII: Recent Decisions
Court of Appeal (Civil Division)
ZK v London Borough of Redbridge [2020] EWCA Civ 1597 (01 December 2020)
Curo Places Ltd v Pimlett [2020] EWCA Civ 1621 (01 December 2020)
High Court (Administrative Court)
Social Work England v Micu [2020] EWHC 3283 (Admin) (30 November 2020)
High Court (Chancery Division)
PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3297 (Ch) (02 December 2020)
Cohen v Fine & Ors [2020] EWHC 3278 (Ch) (01 December 2020)
High Court (Queen’s Bench Division)
Torrance v Bradberry [2020] EWHC 3260 (QB) (01 December 2020)
Nwakamma & Ors v Umeyor [2020] EWHC 3262 (QB) (01 December 2020)
Source: www.bailii.org
New criminal record disclosure rules take effect – UK Human Rights Blog
‘On the 28th November 2020, The Police Act 1997 (Criminal Record Certificates: Relevant Matters) (Amendment) (England and Wales) Order 2020 (“the Order”) came into force, implementing important changes to the criminal records disclosure rules in England and Wales.’
UK Human Rights Blog, 1st December 2020
Source: ukhumanrightsblog.com
Child Trust Fund court fees waived for parents – Ministry of Justice
‘Parents or guardians of children who lack mental capacity can ask for court fees to be waived when seeking access to a Child Trust Fund, the government has announced today (1 December, 2020).’
Ministry of Justice, 1st December 2020
Source: www.gov.uk/government/organisations/ministry-of-justice
High Court rules out “retrospective” arbitration appeal – Litigation Futures
‘The High Court has ruled that it has no power to consider a “retrospective” application for permission to appeal against its judgment in an arbitration case which was itself an appeal.’
Litigation Futures, 2nd December 2020
Source: www.litigationfutures.com
CPS says: How we’re working to overcome harmful rape myths and stereotypes – Crown Prosecution Service
‘As an experienced prosecutor of rape and serious sexual offences, I never underestimate the courage it takes for a victim to report such a deeply violating and distressing event to police. CPS staff, especially those on our RASSO teams are all too aware of the unique barriers many face when deciding whether to report offences relating to sexual assault; these include shame, guilt, fear of the process, fear of not being believed, shock, cultural context, embarrassment, language barriers and fear of reprisal from the community.’
Crown Prosecution Service, 29th November 2020
Source: www.cps.gov.uk
R (RD) v Justice Secretary [2020] EWCA Civ 1346 – CrimeCast.Law
‘This was the second of a pair of recent cases which suggest that police officers and those who aspire to be police officers are held to a higher standard than the general public whom the police are sworn to protect. I discussed yesterday R v Luckett (Michael David) [2020] EWCA Crim 565, which illustrated the approach taken by the Criminal Division of the Court of Appeal to the sentencing of offences of misconduct in a public office by serving police officers. The case of R (RD) v Justice Secretary addresses the rigorous disclosure requirements imposed on those who apply to become police constables or police cadets. It prompted the Civil Division of the Court of Appeal to consider the application of Article 8(2) of the European Convention on Human Rights to candidates for the police service – specifically whether the current regime for the rehabilitation of offenders and for the disclosure of convictions, cautions and reprimands is in accordance with law and necessary in a democratic society …’
CrimeCast.Law, 30th November 2020
Source: crimecast.law
Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary
‘Lord Chief Justice press conference December 2020’
Courts and Tribunals Judiciary, 2nd December 2020
Source: www.judiciary.uk
Birmingham wall collapse deaths: Recycling firms to be charged – BBC News
‘Two recycling companies and two people linked to them are to be charged over the deaths of five African men who died when a concrete wall fell on them.’
BBC News, 1st December 2020
Source: www.bbc.co.uk
Home Office faces legal challenge over asylum seeker payments during Covid – The Guardian
‘The Home Office is still failing to provide thousands of asylum seekers in emergency hotel accommodation with basic cash support and essentials more than a month after being instructed by the high court to fulfil their legal requirements to do so.’
The Guardian, 1st December 2020
Source: www.theguardian.com
Father who threw baby in river ‘slipped through’ mental health care net, says judge – The Guardian
‘A man who threw his infant son into a river “slipped through the net” of mental health services, a judge has said. Zak Bennett-Eko, 23, was sentenced to a hospital order on Tuesday after being found guilty of the manslaughter by diminished responsibility of his 11-month-old son Zakari.’
The Guardian, 1st December 2020
Source: www.theguardian.com
Jamaican nationals taken off charter flight in eleventh hour over trafficking concerns – The Independent
‘A number of Jamaican nationals who were due to be deported have been granted last minute reprieve after the Home Office acknowledged they may be victims of modern slavery. Thirteen people were forcibly removed from the UK to Jamaica in the early hours of Wednesday. At least 10 of those who had been due to fly were taken off the flight hours before it was due to leave following legal intervention.’
The Independent, 2nd December 2020
Source: www.independent.co.uk
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. A coroner will be asked to rule that toxic levels of nitrogen dioxide, from the South Circular road in south London, led to the acute asthma attack that killed the primary school pupil, Ella Kissi-Debrah. Her mother, Rosamund, a former teacher, has fought for years for an inquiry into the role of air pollution from traffic in Ella’s death.’
The Guardian, 30th November 2020
Source: www.theguardian.com
Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent
‘The Lord Chief Justice has warned of unprecedented levels of political interference over the work of courts in England and Wales, suggesting that MPs should be taught about “boundaries”.’
The Independent, 2nd December 2020
Source: www.independent.co.uk
Guildford pub bomb police took action to keep files closed – BBC News
‘The police force investigating the Guildford pub bombs has been accused of a conflict of interest after it took legal action to keep archives closed. More than 700 files on the 1974 IRA bombs had been due to open this year but were retained by the Home Office. Inquest papers have shown Surrey Police applied for the files to stay closed.’
BBC news, 2nd December 2020
Source: www.bbc.co.uk
