19/02/2021 – Current Awareness

Council misapplied its Allocation Scheme by treating a “preference” given to families with children as an automatic decision in their favour – Garden Court Chambers

Posted February 19th, 2021 in chambers articles, children, families, housing, judicial review, local government, news by sally

‘The Claimant lived with her three adult children, one of whom (Zakiya) had cerebral palsy and learning difficulties. Due to her disabilities, Zakiya needed to live in a property with various adaptations, including a level-access shower, access to stairs with bilateral handrails, and (preferably) a downstairs toilet.’

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

Committal for contempt: CPR Part 81 and recent cases – Guildhall Chambers

Posted February 19th, 2021 in chambers articles, civil procedure rules, contempt of court, news by sally

‘As Foxton J observed in Integral Petroleum SA v Petrogat FZE [2020] EWHC 558 (Comm) at [26], applications for committal for contempt of court have become an increasingly common feature of High Court litigation, particularly in the Business and Property Courts.’

Guildhall Chambers, 12th February 2021

Source: www.guildhallchambers.co.uk

Contentious Wills & Probate Part III – Parklane Plowden Chambers

Posted February 19th, 2021 in chambers articles, forfeiture, news, probate, wills by sally

‘Last year there were two reported decisions in respect of the forfeiture rule. These are worth mention given the rarity of reported cases in this area.’

Parklane Plowden Chambers, 17th February 2021

Source: www.parklaneplowden.co.uk

Judge rejects use of frozen assets for legal expenses – OUT-LAW.com

Posted February 19th, 2021 in assets recovery, chambers articles, damages, enforcement notices, fraud, judgments, news by tracey

‘A recent ruling by the High Court in London has highlighted the benefits to businesses of using freezing orders to protect and recover assets, as well as the willingness of the courts in England and Wales to support the enforcement of judgments, experts in civil fraud and asset recovery have said.’

OUT-LAW.com, 19th February 2021

Source: www.pinsentmasons.com

Environmental Law News Update – Six Pump Court

Posted February 19th, 2021 in bills, chambers articles, delay, energy, environmental health, environmental protection, news, waste by sally

‘In this latest Environmental Law News Update, Charles Morgan, Noémi Byrd and Mark Davies consider a recent case involving the application of Energy National Policy Statements to nationally significant infrastructure projects, developments on legislation to curb sewage overflows and further delays for the Environment Bill.’

Six Pump Court, 5th February 2021

Source: www.6pumpcourt.co.uk

BAILII: Recent Decisions

Posted February 19th, 2021 in law reports by tracey

High Court (Chancery Division)

The Shahjalal Mosque and Islamic Centre, Re [2021] EWHC 324 (Ch) (18 February 2021)

Source: www.bailii.org

Judge rules council and CCG failed lawfully to assess s.117 after care services for claimant – Local Government Lawyer

Posted February 19th, 2021 in autism, care homes, children, disabled persons, hospitals, local government, mental health, news by tracey

‘A discharge care plan approach (DCPA) written by the London Borough of Islington and North Central London Clinical Commissioning Group (CCG) was unlawful on nine points, the High Court has found.’

Local Government Lawyer, 18th February 2021

Source: www.localgovernmentlawyer.co.uk

Deprivation of liberty, family members and what s4B does (and doesn’t) say – Local Government Lawyer

Posted February 19th, 2021 in carers, detention, disabled persons, families, learning difficulties, local government, news, statutory interpretation by tracey

‘A judge recently considered very strong objections levelled by a family member to the idea that they were depriving their adult child of their liberty. She also helpfully clarified the current (limited) scope of s.4B MCA 2005, writes Alex Ruck Keene.’

Local Government Lawyer, 19th February 2021

Source: www.localgovernmentlawyer.co.uk

Provision of support to trafficking victims following a negative conclusive grounds decision – Garden Court Chambers

Posted February 19th, 2021 in appeals, benefits, chambers articles, expert witnesses, government departments, news, trafficking in human beings, victims by sally

‘In MN v SSHD [2020] EWCA Civ 1746 the Court of Appeal considered several linked cases brought by victims of trafficking who had received negative Conclusive Grounds decisions.’

Garden Court Chambers, 17th February 2021

Source: www.gardencourtchambers.co.uk

New witness statements Practice Direction approved – Courts and Tribunals Judiciary

Posted February 19th, 2021 in civil procedure rules, evidence, practice directions, press releases, witnesses by tracey

‘The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements.’

Courts and Tribunals Judiciary, 18th February 2021

Source: www.judiciary.gov.uk

Directors’ duties to disclose conflicts of interest: Fairford Water Ski Club v Cohoon & Craig Cohoon Watersports [2021] EWCA Civ 143 – Guildhall Chambers

Posted February 19th, 2021 in appeals, chambers articles, company directors, conflict of interest, disclosure, fees, news, statutory interpretation by sally

‘On 9 February 2021, the Court of Appeal unanimously allowed Mr Cohoon and Craig Cohoon Watersports’ (“Watersports”) appeal against the decision of His Honour Judge Russen QC at first instance ([2020] EWHC 290 (Comm)).’

Guildhall Chambers, 15th February 2021

Source: www.guildhallchambers.co.uk

Suspended sentence for woman who live streamed video of boyfriend’s trial – Law Society’s Gazette

Posted February 19th, 2021 in contempt of court, Crown Court, internet, news, sentencing, suspended sentences, video recordings by tracey

‘A woman who live streamed her partner’s Crown court trial on Facebook after videoing from the public gallery has received a four-month prison sentence, suspended for two years.’

Law Society's Gazette, 18th February 2021

Source: www.lawgazette.co.uk

Contentious Wills & Probate Case Law Roundup 2020: Part II – Parklane Plowden Chambers

Posted February 19th, 2021 in chambers articles, news, probate, wills by sally

‘Two validity cases in particular stood out last year and both turned on whether or not a testator suffered from “insane delusions” rendering their wills invalid. There are fewer reported cases giving guidance on this strand of the Banks v Goodfellow test (most cases I deal with revolve around old age psychiatry) so these recent cases are worth some scrutiny.’

Parklane Plowden Chambers, 12th February 2021

Source: www.parklaneplowden.co.uk

Covid: Cwmbran man jailed for killing wife in lockdown – BBC News

Posted February 19th, 2021 in coronavirus, domestic violence, homicide, imprisonment, married persons, mental health, news, sentencing by tracey

‘A man has been jailed for five years for killing his wife during the first coronavirus lockdown in March.’

BBC News, 18th February 2021

Source: www.bbc.co.uk

At-home early medical abortions should be made permanent, say advocacy groups – The Guardian

Posted February 19th, 2021 in abortion, charities, consultations, coronavirus, emergency powers, government departments, news by tracey

‘Covid legislation in England allows patients in first 10 weeks of pregnancy to take pills at home.’

The Guardian, 18th February 2021

Source: www.theguardian.com

Legal action begins against climate lawyer in Heathrow expansion row – The Independent

Posted February 19th, 2021 in airports, appeals, barristers, climate change, confidentiality, contempt of court, disclosure, environmental protection, news, professional conduct, Supreme Court by tracey

‘Court proceedings have been launched against a climate charity lawyer for leaking a decision to expand Heathrow Airport.’

The Independent, 18th February 2021

Source: www.independent.co.uk

Court refuses former Met Police officer’s appeal against indecent image conviction – The Independent

Posted February 19th, 2021 in appeals, child abuse, community service, disciplinary procedures, indecent photographs of children, news, police, professional conduct, sexual offences, telecommunications by tracey

‘A disgraced former police officer has had an appeal against an indecent image conviction refused.’

The Independent, 18th February 2021

Source: www.independent.co.uk

Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian

Posted February 19th, 2021 in coronavirus, emergency powers, government departments, international law, news, parliament, rule of law by tracey

‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’

The Guardian, 18th February 2021

Source: www.theguardian.com

UK’s £1,000 child citizenship fee ruled unlawful by appeal court – The Guardian

Posted February 19th, 2021 in appeals, children, citizenship, fees, government departments, news by tracey

‘Home Office fees of £1,000 for children to register as British citizens are unlawful, the court of appeal has upheld in a landmark ruling.’

The Guardian, 18th February 2021

Source: www.theguardian.com

Cleveland Police ‘making progress but concerns remain’ – BBC News

Posted February 19th, 2021 in children, domestic violence, news, ombudsmen, police, quality assurance, sexual offences by tracey

‘A police force previously dubbed “clueless” is making progress but areas of concern remain, a watchdog has said.’

BBC News, 19th February 2021

Source: www.bbc.co.uk

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