And he’s not there… – Nearly Legal

Posted December 16th, 2020 in appeals, drug offences, housing, landlord & tenant, leases, news, noise, nuisance, trespass, tribunals by tracey

‘A breach of lease case in the Upper Tribunal which, despite the names, appears to be between two unrelated people. So I shall call them L – the leaseholder – and F – the freeholder – to avoid multiple Gibbins related confusion.’

Full Story

Nearly Legal, 13th December 2020

Source: nearlylegal.co.uk

Bar instructs lawyers to fight Covid-19 operating hours plan – Law Society’s Gazette

‘The criminal bar has instructed heavyweight law firm Mishcon de Reya to help it fight controversial proposals to extend Covid-19 operating hours to more courts. HM Courts & Tribunals Service is considering rolling out the model from January. A rapid consultation on the proposals closed yesterday.’

Full Story

Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

No business interruption decision from Supreme Court until next year – Law Society’s Gazette

‘Judgment in an urgent test case to determine whether businesses hit by Covid-19 will receive insurance pay-outs will not be handed down by the Supreme Court until January at the earliest. Five Supreme Court justices heard a case between the Financial Conduct Authority and six insurance companies in November. The dispute concerned business interruption insurance (BII) and the court was asked to rule on provisions in insurance policies relating to disease clauses, prevention of access clauses and hybrid clauses.’

Full Story

Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2020 in legislation by tracey

The Social Security Contributions (Disregarded Payments) (Coronavirus) (Scotland and Wales) Regulations 2020

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) (No. 2) Order 2020

The Legislative Reform (Renewal of Radio Licences) Order 2020

The European Union (Withdrawal) Act 2018 (Relevant Court) (Retained EU Case Law) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 16th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

Flores, R (on the application of) v London Borough of Southwark [2020] EWCA Civ 1697 (15 December 2020)

W (Children: Reopening/recusal) [2020] EWCA Civ 1685 (15 December 2020)

High Court (Administrative Court)

Linse, R (On the Application Of) v The Chief Constable of North Wales Police [2020] EWHC 3403 (Admin) (15 December 2020)

Director of Public Prosecutions v M [2020] EWHC 3422 (Admin) (15 December 2020)

High Court (Chancery Division)

Sunbird Business Services Ltd, Re [2020] EWHC 3459 (Ch) (16 December 2020)

PDVSA Servicios SA v Clyde & Co LLP & Anor [2020] EWHC 3430 (Ch) (15 December 2020)

PJSC Uralkali v Rowley & Anor [2020] EWHC 3442 (Ch) (15 December 2020)

Kleinhentz v Harrison & Anor [2020] EWHC 3439 (Ch) (15 December 2020)

High Court (Family Division)

London Borough of Lambeth v L (Unlawful Placement) [2020] EWHC 3383 (Fam) (14 December 2020)

High Court (Queen’s Bench Division)

Hugh James Involegal LLP v Berrymans Lace Mawer LLP & Anor [2020] EWHC 3402 (QB) (15 December 2020)

Wray v General Osteopathic Council [2020] EWHC 3409 (QB) (15 December 2020)

Avsar v Wilson James Ltd [2020] EWHC 3412 (QB) (15 December 2020)

High Court (Technology and Construction Court)

Standard Life Assurance Ltd v Gleeds (UK) (a firm) & Ors [2020] EWHC 3419 (TCC) (15 December 2020)

Source: www.bailii.org

Claimants in breast implant case buy cause of action to sue defendant’s lawyers – Litigation Futures

‘A leading defendant law firm and a QC have failed to strike out a professional negligence action brought after the claimants in a case they defended acquired their insolvent client’s cause of action.’

Full Story

Litigation Futures, 16th December 2020

Source: www.litigationfutures.com

Role of grooming of women involved in violent crime examined as part of new gangs guidance – Crown Prosecution Service

‘Prosecutors working on gang-related cases which involve women and girls should consider if there is evidence they have been forced or groomed into committing crime, according to new legal guidance published today. The guidance, Decision-making in “gang” related offences, has been drawn up by the Crown Prosecution Service to give lawyers practical advice on building the strongest possible cases and gathering robust evidence to present to the court.’

Full Story

Crown Prosecution Service, 16th December 2020

Source: www.cps.gov.uk

Ofcom investigating row over Emily Maitlis’ Newsnight monologue about Dominic Cummings – The Independent

‘The UK’s broadcasting watchdog is investigating the row over BBC host Emily Maitlis’ monologue about Dominic Cummings’ infamous trip to Barnard Castle.’

Full Story

The Independent, 15th December 2020

Source: www.independent.co.uk

Top UK court overturns block on Heathrow’s third runway – The Guardian

Posted December 16th, 2020 in airports, appeals, climate change, environmental protection, news, planning, Supreme Court by tracey

‘The Supreme Court has overturned a February judgment that a third runway at Heathrow airport was illegal. It means the project can now seek planning permission, but the ultimate completion of the runway remains uncertain.’

Full Story

The Guardian, 16th December 2020

Source: www.theguardian.com

Grooming gangs come from ‘diverse backgrounds’, says Home Office as review finally published – The Independent

‘Grooming gangs come from “diverse backgrounds”, a Home Office review has concluded. The research, originally promised by Sajid Javid in 2018, was published on Tuesday following a government U-turn. The Home Office previously said releasing the paper would not be in the “public interest”, in response to a Freedom of Information request by The Independent, but committed to making it public after a petition signed by more than 130,000 people.’
Full report

Full Story

The Independent, 15th December 2020

Source: www.independent.co.uk

MI6 kept quiet about ‘criminality’ of agent with ‘licence to kill’ – The Guardian

‘MI6 failed to make clear to the foreign secretary that a “high risk agent” operating overseas had probably engaged in “serious criminality” until it was pointed out by an independent regulator last year.’

Full Story

The Guardian, 15th December 2020

Source: www.theguardian.com

Virginity testing ban proposed by Richard Holden MP – BBC News

Posted December 16th, 2020 in bills, doctors, human rights, news, women by tracey

‘Proposals to outlaw virginity testing have passed their first parliamentary stage. North West Durham Conservative MP Richard Holden told parliament the practice was “medieval”. His Virginity Testing (Prohibition) Bill has been passed by MPs for further consideration by the Commons in January.’

Full Story

BBC News, 15th December 2020

Source: www.bbc.co.uk

Home Office leaving stateless people facing detention and destitution, warns UN – The Independent

‘The Home Office is leaving stateless people in the UK at risk of homelessness, destitution and prolonged detention, the UN’s refugee agency has warned. A procedure designed to help regularise the status of stateless individuals in Britain is not functioning as well as it should due to procedural weaknesses and the approach to decision-making, the UNHCR said.’

Full Story

The Independent, 16th December 2020

Source: www.independent.co.uk

Developments following Ground Developments… or not – Practical Law: Construction Blog

‘Writing on this blog almost exactly four years ago, David Pliener noted a potentially interesting change in the TCC’s approach to enforcing adjudicators’ decisions. In the case of Ground Developments Ltd v FCC Construction, Fraser J signalled that, perhaps, a claimant applying for summary judgment to enforce an adjudicator’s decision might not need to meet the summary judgment test after all. Now that Ground Developments has had time to mature, it might be a good time to check in and see how things have gone since. Has Fraser J’s judgment heralded a brave new world?’

Full Story

Practical Law: Construction Blog, 15th December 2020

Source: constructionblog.practicallaw.com

High Court dismisses Harry Dunn challenge – UK Human Rights Blog

‘R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin). At a “rolled up” hearing on both permission and substantive merits, a challenge was considered by the High Court to the decision of the Foreign and Commonwealth Office’s (“FCO”) that Anne Sacoolas, the wife of a member of the US Government’s Technical and Administrative staff stationed at RAF Croughton, was entitled to diplomatic immunity from prosecution. The challenge to this decision was dismissed on all grounds. However, permission to appeal to the Court of Appeal has been granted.’

Full Story

UK Human Rights Blog, 14th December 2020

Source: ukhumanrightsblog.com

Construction company hit by £600,000 fine over damage to bat breeding site – Local Government Lawyer

‘A major house builder has been ordered to pay what is understood to be the largest fine ever issued by a court in relation to a wildlife crime. On 8 December at Woolwich Crown Court, Bellway Homes pleaded guilty to the offence between 17 March 2018 and 17 August 2018 of damaging or destroying a breeding site or resting place for bats.’

Full Story

Local Government Lawyer, 14th December 2020

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 15th, 2020 in legislation by tracey

The Health Protection (Coronavirus, Restrictions) (All Tiers) (England) (Amendment) Regulations 2020

The Business and Planning Act 2020 (London Spatial Development Strategy) (Coronavirus) (Amendment) Regulations 2020

The Social Security Contributions (Disregarded Payments) (Coronavirus) (No. 2) Regulations 2020

The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2020

The Sanctions and Anti-Money Laundering Act 2018 (Commencement No. 2) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 15th, 2020 in law reports by tracey

Court of Appeal (Civil Division)

YD (Algeria) v Secretary of State for the Home Department [2020] EWCA Civ 1683 (14 December 2020)

Libyan Investment Authority & Ors v King & Ors [2020] EWCA Civ 1690 (14 December 2020)

High Court (Administrative Court)

IO v The Secretary of State for the Home Department [2020] EWHC 3420 (Admin) (14 December 2020)

DMA & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) (14 December 2020)

High Court (Chancery Division)

MacKay v Wesley [2020] EWHC 3400 (Ch) (14 December 2020)

High Court (Queen’s Bench Division)

Colley v Shuker & Ors [2020] EWHC 3433 (QB) (14 December 2020)

Pinnegar v Kellogg International Corporation & Anor [2020] EWHC 3431 (QB) (14 December 2020)

Source: www.bailii.org

Commercial sets back scheme to fund criminal law pupillages – Legal Futures

Posted December 15th, 2020 in barristers, coronavirus, criminal justice, news, pupillage by tracey

‘Eight commercial chambers have signed up to a Bar Council scheme to fund criminal law pupillages that would otherwise not be available because of the Covid-19 pandemic.’

Full Story

Legal Futures, 15th December 2020

Source: www.legalfutures.co.uk

Big firm reveals 23% pay gap between white and BAME staff – Law Society’s Gazette

Posted December 15th, 2020 in diversity, law firms, minorities, news, remuneration, reports by tracey

‘Listed firm DWF has published its ethnicity pay gap for the first time, admitting it is “not where it needs to be” in terms of black, Asian and minority ethnic (BAME) representation at senior levels. According to the firm’s annual pay gap report, BAME employees and partners earn 23% less on average than their white colleagues. The combined ethnicity bonus gap is 22% in mean terms.’

Full Story

Law Society's Gazette, 15th December 2020

Source: www.lawgazette.co.uk