‘This blog summarises the new care home visiting rules across the UK’s four nations of England, Scotland, Wales and Northern Ireland.’
Doughty Street Chambers, 5th January 2021
Source: insights.doughtystreet.co.uk
‘The Court of Appeal handed down its long awaited decision in Hoque & Ors v SSHD [2020] EWCA Civ 1357 on the 23 October 2020, here they address the issue of gaps in lawful residence in 10 Years Long residence applications. Specifically, it was the operation of 276B(v) with 39E, which had provided an exception for overstayers, where periods of overstaying could fall to be disregarded under 276B(v), that was the subject of much scrutiny by the Court.’
5SAH, 5th January 2021
Source: www.5sah.co.uk
‘LPP has been described as “a fundamental condition on which the administration of justice as a whole rests” (R v Derby Magistrates’ Court, Ex p B [1996] AC 487, 507). In the last few years there has been a significant amount of litigation relating to documents subject to LPP (see for instance Sports Direct International plc v Financial Reporting Council [2020] EWCA Civ 177 and Addlesee v Dentons Europe LLP [2019] EWCA Civ 1600). This is perhaps not surprising given how valuable and sensitive such documents will be in any litigation or investigation by a regulator. Each of these cases tests the boundaries of LPP. The recent decision of Tom Leech QC sitting as a judge of the High Court in Barrowfen is one such decision and particularly important for those who advise directors or are bringing or defending a claim against directors. Barrowfen is an important decision on the iniquity exception in the context of allegations of breaches by a director of his statutory duties under the Companies Act 2006.’
Exchange Chambers, 4th January 2021
Source: www.exchangechambers.co.uk
‘This article will provide an overview of some of the key legal cases concerning age assessments and support for those whose age is disputed.’
Doughty Street, 7th January 2021
Source: insights.doughtystreet.co.uk
‘The Covid-19 pandemic has wrought sudden and drastic changes to the workplace. Many are now working from home, to suppress the spread of the virus and protect themselves or their families from catching it. However, working from home is a precaution which is not available to all, and which is available unequally. There has been no better example of this than last week’s drama (prior to the announcement of the third lockdown) over the reopening of schools, with the government, local authorities, unions and individual schools and teachers at loggerheads over whether pupils can safely return to schools after the Christmas break.’
Blackstone Chambers, 7th January 2021
‘On Christmas Eve, the UK and the EU agreed the terms of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community of the One Part and the United Kingdom of Great Britain and Northern Ireland, of the Other Part (“the Trade and Cooperation Agreement”). Title VII of Part 3 of the Trade and Cooperation Agreement governs extradition or, to use the language of the agreement, “surrender arrangements” between the UK and the EU. The effect of these provisions is to closely replicate the arrangements under the Framework Decision on the European Arrest Warrant (“the Framework Decision”) and the surrender agreement between Norway and Iceland and the European Union (“the Iceland/Norway Agreement”).’
6KBW College Hill, 1st January 2021
Source: blog.6kbw.com
‘2020 has undoubtedly been a most unusual year, but in terms of the evolution of extradition caselaw it has been surprisingly still. As in previous years, extradition appeals have been dominated by Article 8 cases and challenges to European prison conditions. However, fewer extraditions than usual have actually taken place, and not for the obvious reasons (although coronavirus (COVID-19) has caused its own delays). Various challenges have led to large numbers of appeals being stayed pending outcomes of lead cases. Sharmistha Michaels and Rebecca Hill, barristers at Five St Andrew’s Hill, discuss the most important extradition judgments of 2020 and what to expect in 2021.’
5SAH, 6th January 2021
Source: www.5sah.co.uk
‘Some of us are unfortunate enough to encounter nightmare neighbours who negatively impact our day-to-day life to varying degrees. This article seeks to explore the options available to clients who need to take further steps to resolve their neighbour disputes.’
Becket Chambers, 5th January 2021
Source: becket-chambers.co.uk
‘In this review of the year, Helen Evans, Ben Smiley, Pippa Manby, and Ian McDonald of 4 New Square explain what the 2020 cases tell us, how the various strands of development interact, and what to watch out for as we go into 2021.’
4 New Square, 5th January 2021
Source: www.4newsquare.com
‘On the 11th of July 2016 a prisoner Mr James Maughan was found dead in his prison cell having hanged himself. The investigation into the factual circumstances surrounding his death found that he had a history of mental health issues and had previously made threats of self-harm. The evening before his death he had been in an agitated state.’
5SAH, 7th January 2021
Source: www.5sah.co.uk
Court of Appeal (Criminal Division)
BTT v R [2021] EWCA Crim 4 (07 January 2021)
High Court (Technology and Construction Court)
Bromcom Computers Plc v United Learning Trust & Anor [2021] EWHC 18 (TCC) (07 January 2021)
Source: www.bailii.org
‘In this two-part article, Ruby Peacock, an aspiring barrister and currently a legal and policy intern at the Legal Resources Centre in Cape Town, examines the history of medical claims brought under Article 3 of the European Convention on Human Rights.’
UK Human Rights Blog, 7th January 2021
Source: ukhumanrightsblog.com
‘Shropshire Council has won a case in the Court of Appeal over what happens when a local authority disposes of land subject to a statutory trust for public recreational purposes without complying with the relevant statutory requirements.’
Local Government Lawyer, 7th January 2021
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has granted anonymity to a 12-year-old girl, allowing the Children’s Commissioner, as her litigation friend, to bring a breach of privacy action against social media platform TikTok.’
Litigation Futures, 7th January 2021
Source: www.litigationfutures.com
‘Domestic abuse victims are being wrongly charged over £150 by GPs for letters proving their injuries which are often required to access legal aid or other crucial services.’
The Independent, 7th January 2021
Source: www.independent.co.uk
‘Inspectors have uncovered serious weaknesses in some care homes’ defences against the pandemic, including Covid-positive carers being told to work because of staff shortages, a failure to isolate residents when they return from hospital and poor use of personal protection equipment.’
The Guardian, 7th January 2021
Source: www.theguardian.com
‘The boss of Britain’s biggest union has called for a pandemic “day of reckoning”, saying he’d been left “heartbroken” over thousands of needless deaths among his members.’
The Independent, 8th January 2021
Source: www.independent.co.uk
‘More than 1,000 people who took part in environmental direct action organised by Extinction Rebellion have been taken to court in what experts say is one of the biggest crackdowns on protest in British legal history.’
The Guardian, 8th January 2021
Source: www.theguardian.com
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