Month: April 2021
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Adams v Options UK Personal Pensions LLP [2021] EWCA Civ 474 (01 April 2021)
A, B And C (Children), Re [2021] EWCA Civ 451 (01 April 2021)
High Court (Chancery Division)
Isbilen vTurk & Ors [2021] EWHC 854 (Ch) (09 April 2021)
889 Trading Limited v Clydesdale Bank Plc & Ors [2021] EWHC 850 (Ch) (09 April 2021)
Official Receiver v Obaigbena [2021] EWHC 852 (Ch) (08 April 2021)
Bockenfield Aerodrome Ltd & Anor v Scott Clarehugh [2021] EWHC 848 (Ch) (07 April 2021)
Lin v Gudmundsson & Ors [2021 EWHC 820 (Ch) (06 April 2021)
High Court (Commercial Court)
Arani & Ors v Cordic Group Ltd [2021] EWHC 829 (Comm) (07 April 2021)
High Court (Queen’s Bench Division)
Mustard v Flower & Ors [2021] EWHC 846 (QB) (12 April 2021)
Green v Petfre (Gibraltar) Ltd (t/a Betfred) [2021] EWHC 842 (QB) (07 April 2021)
Source: www.bailii.org
Rare appeal allowed over refusal by judge to adjourn final care hearing – Local Government Lawyer
‘A mother’s appeal of a decision by a family judge not to adjourn an imminent final hearing in care proceedings has been allowed in a “rare” case before the Court of Appeal.’
Local Government Lawyer, 9th April 2021
Source: www.localgovernmentlawyer.co.uk
Ban on unsolicited approaches ‘hits access to justice’ – Law Society’s Gazette
‘The blanket ban on solicitors making unsolicited approaches to clients could act as a barrier to access to justice, according to a solicitor campaigning for a relaxation of the rule. Tobias Haynes, a dispute resolution specialist at Midlands firm Martin Kaye Solicitors, last week opened an online petition for solicitors to be allowed to contact potential clients by email or letter.’
Law Society's Gazette, 9th April 2021
Source: www.lawgazette.co.uk
Landmark report calls for stop-and-search filming – Law Society’s Gazette
‘Police officers should switch on body-worn cameras whenever they think they might need to stop and search someone, in order to help rebuild trust in the community, the government’s Commission on Race and Ethnic Disparities has told the prime minister in a landmark report.’
Law Society's Gazette, 12th April 2021
Source: www.lawgazette.co.uk
Dozens of asylum seekers moved to Napier Barracks despite warnings of ‘unsuitable’ accommodation – The Independent
‘Dozens of asylum seekers have been moved to Napier Barracks despite concerns from health officials and government watchdogs about its suitability and an ongoing court case into the legality of such housing. Charities and lawyers are concerned that vulnerable people are being wrongly placed in the army camp in Kent, after it emerged one man with severe mental health problems was almost moved to the site “in error”.’
The Independent, 10th April 2021
Source: www.independent.co.uk
Police cannot tackle all Covid breaches as crime returns to pre-pandemic levels, senior officer warns – The Independent
‘Police will not be able to respond to all breaches of coronavirus restrictions as crime rises towards pre-pandemic levels, a senior officer has warned.’
The Independent, 12th April 2021
Source: www.independent.co.uk
Security services and police to face questions over London Bridge attacker – The Guardian
‘The security services and police are to face questions over whether they missed the chance to stop a convicted terrorist out on licence with an electronic tag who stabbed two people to death. On Monday, the inquests open into the deaths of Jack Merritt, 25, and Saskia Jones, 23, who were killed in the November 2019 attack at Fishmongers hall, near London Bridge at a prisoner rehabilitation conference.’
The Guardian, 12th April 2021
Source: www.theguardian.com
Freezing and confiscation under the EU–UK Trade and Cooperation Agreement – 5SAH
‘This contribution presents a critical and practical analysis of the changes the EU–UK Trade and Cooperation Agreement brings to the recognition and enforcement of freezing and confiscation orders. It provides an overview of how this area of law may develop in the future post-Brexit.’
5SAH, 8th March 2021
Source: www.5sah.co.uk
“You don’t have the votes!” – Tanveer Qureshi and Katharine Elliot – 4-5 Gray’s Inn Square
‘Imagine. The UK May 2024 general election is finally drawing to a close. After months of campaigning, the votes are in and pundits are predicting a clear win for Party A. The leader of Party B is concerned the election was not fair and accusations of voter fraud and spoiled ballets begin to fly on social media and the national news. How will this be investigated? Will anyone be prosecuted? Could the election result really be overturned?’
4-5 Gray's Inn Square, 4th March 2021
Source: www.4-5.co.uk
Alexandra Wilson examines the Court of Appeal ‘Encrochat’ judgment: A, B, D & C v Regina [2021] EWCA Crim 128 – 5SAH
‘The Court of Appeal (“the Court”) were asked to determine whether evidence obtained from the EncroChat application (“the EncroChat material”) can be admitted in evidence in criminal proceedings, or whether it is excluded by the Investigatory Powers Act 2016 (“the 2016 Act”).’
5SAH, 25th March 2021
Source: www.5sah.co.uk
The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk
‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’
12 King's Bench Walk, 3rd March 2021
Source: www.12kbw.co.uk
Extradition under the EU–UK Trade and Cooperation Agreement – 5SAH
‘When the EU–UK Trade and Cooperation Agreement (TCA) was reached between the UK and the EU on 24 December 2020, it gave extradition practitioners only a few days to identify what, if anything, would remain from the European Arrest Warrant (EAW) system before it came into force on 1 January 2021. The article starts by setting out how the EAW was implemented in the UK prior to 1 January 2021, before turning to the TCA itself and what it means for extradition or “surrender” between EU member states and the UK. In short, the EAW system no longer applies. The authors set out how the TCA provides a degree of continuity, now under the watchful eye of the UK–EU “Specialised Committee on Law Enforcement and Judicial Cooperation”. There are notable departures from the EAW system however, in both practical and legal terms, that open the door to increased scrutiny of extradition requests. The authors explore the impact these changes may have on the future of extradition with the EU27, to or from the UK.’
5SAH, 10th March 2021
Source: www.5sah.co.uk
Disqualification undertakings and second chances—the correct approach to sections 8A and 17 of the Company Directors Disqualification Act 1986 (Ahmed v Secretary of State for Business, Enterprise and Industrial Strategy) – 4 New Square
‘Restructuring & Insolvency analysis: The court held that a disqualified director’s rehabilitation from drug and alcohol addiction did not amount to “special circumstances” for the purposes of the court’s discretion to discharge a disqualification undertaking under section 8A of the Company Directors Disqualification Act 1986 (CDDA 1986). The decision provides important guidance on the relationship between CDDA 1986, ss 8A and 17, the latter under which a disqualified director can obtain permission to act.’
4 New Square, 24th March 2021
Source: www.4newsquare.com
Cross – establishment comparisons are generally to be permitted save in exceptional circumstances: Asda Stores Ltd v. Brierley & Ors [2019] EWCA Civ 44 – 3PB
‘This Equal Pay claim has been ongoing for some time already (since 2016) and is set to continue for some time yet. In short, the Supreme Court’s Judgment handed down 3 days ago (26th March 2021) is focused upon a narrow point, which whilst of importance and interest to both parties and their advisors, in no sense has brought closure to these proceedings which are likely to continue to attract media attention as the layers of equal value litigation unfold.’
3PB, 29th March 2021
Source: www.3pb.co.uk
R.I.P Gig Economy? – 4 King’s Bench Walk
‘On February 19th, the Supreme Court dismissed Uber’s appeal upholding the decision of the Employment Tribunal: a ruling upheld both by the EAT and the Court of Appeal. Lord Leggatt’s judgment confirmed that the claimant Uber drivers were workers for the purposes of the Working Time Regulations, national minimum wage legislation, and the Employment Rights Act 1996. In a unanimous judgment, the Supreme Court sent the case back to the Employment Tribunal to determine the claims on their merits.’
4 King's Bench Walk, 4th March 2021
Source: www.4kbw.co.uk
Protected acts: beware a cautious approach – 3PB
‘R indicated that it wanted to arrange a Christmas dinner, and proposed a date for it. No objections were raised. Hotels and planes were consequently booked. Thereafter C (and a co-worker) indicated that the planned date did not suit them. R considered the matter but declined to change the date, various arrangements having already been made.’
3PB, 2nd March 2021
Source: www.3pb.co.uk
Third Sector Protector – Kids Company Article – 3 Hare Court
‘Kids Company was founded in 1996 by Camila Batmanghelidjh to support the most vulnerable children who fell through the cracks in mainstream services. Despite securing hundreds of millions of pounds in donations from celebrity donors and winning more than £42m in government grants, the ever-increasing demand for Kids Company’s services led to financial difficulties for the charity. It collapsed in 2015 in the wake of unfounded allegations of sexual abuse.’
3 Hare Court, 8th April 2021
Source: www.3harecourt.com
Towuaghantse v GMC [2021] EWHC 681 (Admin) Coroner’s findings, independence of experts and registrant denials: this case is not one to put on the “read later” pile – 2 Hare Court
‘It is difficult to know where to start with Towuaghantse v GMC [2021] EWHC 681 (Admin). I will give you a briefest account of the facts in a moment, but potentially Mostyn J’s judgment in this case stands as authority for the following principles:
a. The factual findings of a coroner, and any narrative conclusion, are all admissible against a registrant.
b. Authors of expert reports do not have to be independent in the sense of uninvolved with the institution or any of the players in a case, they are merely subject to a Porter v McGill style test of bias or apparent bias.
c. The capacity of a registrant to remediate sincerely should be judged by reference to evidence unconnected with their denials of the factual charges, unless the fact-finding decision included findings of blatant dishonesty by the registrant (a refinement of the same judge’s recent pronouncements in GMC v Awan [2020] EWHC 1553 (Admin)).’
2 Hare Court, 30th March 2021
Source: www.2harecourt.com
