Month: February 2021

The PPE procurement case: transparency missed in both politics and law – Transparency Project

Posted February 24th, 2021 in coronavirus, government departments, judicial review, news, public procurement by sally

‘Last week the High Court made a widely publicised decision declaring that a government minister and his department had acted unlawfully in relation to the award of PPE procurement contracts in the early weeks of the pandemic. The case is called R (Good Law Project and others) v Secretary of State for Health and Social Care [2021] EWHC 346 (Admin). It’s of particular interest to us because it’s all about transparency.’

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Transparency Project, 23rd February 2021

Source: www.transparencyproject.org.uk

Case Comment: R (on the application of KBR, Inc) v Director of the Serious Fraud Office – UKSC Blog

Posted February 24th, 2021 in appeals, criminal justice, disclosure, foreign jurisdictions, fraud, investigatory powers, news, Serious Fraud Office, Supreme Court by sally

In this post, Omar Qureshi, Eoin O’Shea, Amy Wilkinson and Karishma Gadhia, who all work at CMS and have a special interest in corporate crime matters, comment on the decision handed down by the UK Supreme Court earlier this month in the matter R (on the application of KBR, Inc) v Director of the Serious Fraud Office [2021] UKSC 2, which concerned whether the Director of the Serious Fraud Office can issue a notice pursuant to section 2(3) of the Criminal Justice 1987 requiring a foreigner to produce material held overseas.

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UKSC Blog, 24th February 2021

Source: ukscblog.com

Rape social media posts: How speaking out got twin sisters sued – BBC News

Posted February 24th, 2021 in anonymity, damages, defamation, disclosure, Ministry of Justice, news, rape, sexual offences, victims by sally

‘Two sisters say they’ve been silenced by the man they reported for sexual assault after he sued them for talking about what happened.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

Man who sent antisemitic tweets on holiday avoids UK prosecution – The Guardian

Posted February 24th, 2021 in bills, foreign jurisdictions, internet, Judaism, malicious communications, news, racism by sally

‘A trainee teacher has avoided a criminal record for sending antisemitic tweets to a Jewish journalist because he was on holiday abroad at the time, with the judge declaring that “the law prohibits me from punishing you”.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

Solicitor failed to check whether jailed client wanted to sell property – Legal Futures

Posted February 24th, 2021 in disciplinary procedures, families, fines, imprisonment, land registration, news, prisons, professional conduct, solicitors, Solicitors Regulation Authority by sally

‘A veteran solicitor did not confirm that his imprisoned client had given instructions to transfer a £300,000 property to his mother, with the client claiming after it happened that he knew nothing about it, a tribunal has heard.’

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Legal Futures, 24th February 2021

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 24th, 2021 in legislation by tracey

The Police and Crime Commissioner Elections (Returning Officers’ Accounts) (Amendment) Regulations 2021

The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2021

The Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) (Amendment) Regulations 2021

The Health and Care Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2021

The Health and Care Professions Council (Coronavirus) (Amendment) (No. 2) Rules Order of Council 2021

Source: www.legislation.gov.uk

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

Posted February 24th, 2021 in abuse of process, appeals, bereavement, claims management, disclosure, families, land registration, news by sally

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

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Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

Victims’ law call amid falling confidence in criminal justice – BBC News

Posted February 24th, 2021 in codes of practice, criminal justice, Ministry of Justice, news, victims by sally

‘The victims’ commissioner for England and Wales has called for a law to ensure people affected by crime are treated properly as they wait for justice.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 24th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Eynsham Cricket Club v Revenue & Customs [2021] EWCA Civ 225 (23 February 2021)

CFL Finance Ltd v Laser Trust & Anor [2021] EWCA Civ 228 (23 February 2021)

A (A Child) (1980 Hague Convention: Set Aside) [2021] EWCA Civ 194 (23 February 2021)

Bilta (UK) Ltd & Ors v Tradition Financial Services Ltd [2021] EWCA Civ 221 (22 February 2021)

Court of Appeal (Criminal Division)

Mohammed v R. [2021] EWCA Crim 201 (23 February 2021)

Williams v R. [2021] EWCA Crim 226 (22 February 2021)

High Court (Chancery Division)

Duffy & Anor v Mederco (Cardiff) Ltd [2021] EWHC 386 (Ch) (23 February 2021)

Mab Leasing Ltd, Re Companies Act 2006 [2021] EWHC 379 (Ch) (23 February 2021)

Lynch v Cadwallader & Anor [2021] EWHC 328 (Ch) (23 February 2021)

Port Finance Investment Ltd, Re [2021] EWHC 378 (Ch) (23 February 2021)

High Court (Commercial Court)

De Havilland Aircraft of Canada Ltd v Spicejet Ltd [2021] EWHC 362 (Comm) (23 February 2021)

Sethia London Ltd v Sethi & Anor [2021] EWHC 367 (Comm) (22 February 2021)

Leeds City Council & Ors v Barclays Bank Plc & Anor [2021] EWHC 363 (Comm) (22 February 2021)

Flowgroup Plc v Co-Operative Energy Lyd [2021] EWHC 344 (Comm) (19 February 2021)

Source: www.bailii.org

Ex-MP cleared of sexual harassment after complainant’s appeal dismissed – The Guardian

Posted February 24th, 2021 in appeals, disciplinary procedures, harassment, news, parliament, professional conduct, sexual offences by sally

‘A former MP has been cleared of sexual harassment alleged to have taken place several years ago in a House of Commons bar, in the first ruling by a new body set up to investigate potential misbehaviour by parliamentarians.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

High Court strikes out bid by councils to rescind loans from Barclays following ‘LIBOR’ rigging affair – Local Government Lawyer

Posted February 24th, 2021 in banking, damages, fraud, loans, local government, misrepresentation, news, striking out by sally

‘A High Court judge has struck out claims brought by seven councils and the Greater Manchester Combined Authority for rescission of certain loans with Barclays which they said were affected by the LIBOR rigging affair of 2012.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Covid: Scarborough woman jailed for coughing at police – BBC News

Posted February 24th, 2021 in assault, compensation, coronavirus, emergency services, imprisonment, news, police, sentencing by sally

‘A woman who deliberately coughed at police investigating a breach of coronavirus restrictions has been jailed for four months.’

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BBC News, 23rd February 2021

Source: www.bbc.co.uk

Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?- UK Constitutional Law Association

Posted February 23rd, 2021 in constitutional law, declarations of incompatibility, human rights, judicial review, news, regulations, statutory interpretation by tracey

‘The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that the relationship between human rights, the courts, and delegated legislation ought to be recast.’

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UK Constitutional Law Association, 22nd February 2021

Source: ukconstitutionallaw.org

Victims of human trafficking: can they be criminals as well? – UK Human Rights Blog

Posted February 23rd, 2021 in children, human rights, news, prosecutions, trafficking in human beings, victims by tracey

‘V.C.L. and A.N. v the United Kingdom (16 February 2021). Human trafficking is internationally recognised as threatening human rights and the fundamental values of democratic societies. States have taken action to prevent, suppress and punish trafficking and to provide support to victims of what is the third largest illicit money-making venture in the world. But what happens when the victims of trafficking commit a crime themselves? Should they be prosecuted? What factors are relevant in this assessment? And which arm of the State should the assessment of whether someone is a victim of trafficking be entrusted to? This is the first time the European Court of Human Rights has tackled these questions. The Court found that the UK had breached its obligations under articles 4 and 6 of the European Convention on Human Rights by prosecuting two Vietnamese children who were potential victims of trafficking.’

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UK Human Rights Blog, 22nd February 2021

Source: ukhumanrightsblog.com

What Brexit means for employers and the right to work – EIN Blog

Posted February 23rd, 2021 in brexit, contract of employment, EC law, employment, immigration, news, recruitment, sponsored immigrants by tracey

‘In simple terms, Brexit means that EU/EEA nationals are now treated the same way as non-EU/EEA nationals. This fact may, however, not be a lot of help to employers who have only ever recruited from the UK, EU and EEA. With that in mind, here is a quick guide to the new rules.’

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EIN Blog 22nd February 2021

Source: www.ein.org.uk

Contract interpretation – who has commercial common sense? – Practical Law: Construction Blog

Posted February 23rd, 2021 in construction industry, contracts, interpretation, news by tracey

‘The dust is slowly settling over the arguments about how contracts should be interpreted. We know that “this is not a literalist exercise focused solely on a parsing of the wording of the particular clause” and that “[t]extualism and contextualism are not conflicting paradigms in a battle for exclusive occupation of the field of contractual interpretation” (as stated by Lord Hodge in Wood v Capita Insurance Services Ltd). That means the factual background (matrix of fact) and commercial common sense still have a role to play where the plain meaning of the words is not clear (which is usually the reason why there is a dispute in the first place).’

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Practical Law: Construction Blog, 23rd February 2021

Source: constructionblog.practicallaw.com

No interest on general damages in police actions – UK Police Law Blog

Posted February 23rd, 2021 in damages, interest, news, police by tracey

‘The Court of Appeal has reiterated, in Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49, that since non-pecuniary damages in civil claims against the police. e.g. for loss of liberty, or distress and inconvenience, are generally assessed by reference to all matters leading up to the judgment, there will usually be no need for an additional award of interest. A substantial award of exemplary damages – £150,000, split between three claimants, was upheld on the basis that the case had involved an egregious prosecution set in motion by an officer of very senior rank (a Detective Chief Superintendent).’

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UK Police Law Blog, 22nd February 2021

Source: ukpolicelawblog.com

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case – Local Government Lawyer

Posted February 23rd, 2021 in bullying, civil servants, codes of practice, harassment, ministers' powers and duties, news by tracey

‘Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in “bullying” case.

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Local Government Lawyer, 22nd February 2021

Source: www.localgovernmentlawyer.co.uk

Council to pay more than £7,000 to Year 10 pupil left without a school for more than a year – Local Government Lawyer

Posted February 23rd, 2021 in compensation, education, local government, news, ombudsmen, school admissions, school children by tracey

‘Leicestershire County Council has agreed to apologise and pay a teenager £7,200 after an investigation from the Local Government and Social Care Ombudsman (LGSCO) found it left her without an academy school place for nearly 14 months.’

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Local Government Lawyer, 23rd February 2021

Source: www.localgovernmentlawyer.co.uk

Court draws adverse inferences from “deliberate destruction” of emails – Litigation Futures

Posted February 23rd, 2021 in electronic mail, estoppel, evidence, film industry, guarantees, news by tracey

‘A High Court has described the double deletion by a witness for the claimant of crucial emails on the eve of the trial of a film financing dispute as a “very serious misdeed”.’

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Litigation Futures, 23rfd February 2021

Source: www.litigationfutures.com