Day: 21 May 2021
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Dansingani & Anor v Canara Bank [2021] EWCA Civ 714 (20 May 2021)
Haris v General Medical Council [2021] EWCA Civ 763 (20 May 2021)
Thomas v Luv One Luv All Promotions Ltd & Anor [2021] EWCA Civ 732 (20 May 2021)
Laci v Secretary of State for the Home Department [2021] EWCA Civ 769 (20 May 2021)
TT (Children) [2021] EWCA Civ 742 (20 May 2021)
H-M (Children) [2021] EWCA Civ 748 (19 May 2021)
Court of Appeal (Criminal Division)
Dawes, R. v [2021] EWCA Crim 760 (21 May 2021)
Brecani v R. [2021] EWCA Crim 731 (19 May 2021)
High Court (Administrative Court)
AXA, R (On the Application Of) v London Borough of Hackney [2021] EWHC 1345 (Admin) (19 May 2021)
High Court (Chancery Division)
Otubu & Ors v Otubu (Re Estate of Godfrey Itse Mene Otubu) [2021] EWHC 1354 (Ch) (20 May 2021)
William Hill Plc, Re [2021] EWHC 1347 (Ch) (19 May 2021)
Trappit SA & Ors v American Express Europe LLC & Anor [2021] EWHC 1344 (Ch) (19 May 2021)
Maloney v Mundays LLP [2021] EWHC 1324 (Ch) (19 May 2021)
High Court (Commercial Court)
Brown-Forman Beverages Europe Ltd v Bacardi UK Ltd [2021] EWHC 1259 (Comm) (19 May 2021)
High Court (Technology and Construction Court)
Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd [2021] EWHC 1337 (TCC) (19 May 2021)
Source: www.bailii.org
Elections and compulsory photo ID – what effect will it have on Gypsies and Irish Travellers? – Each Other
‘At the annual Queen’s Speech last week, the controversial Electoral Integrity Bill was announced. If passed, it means that voters will need to produce a valid form of photo ID when they cast their vote. The government rationale behind the legislation is to secure trust and prevent fraud in UK voting systems. It is thought the legislation will be in place by next year. Despite being routinely practiced in many countries, including Northern Ireland and the United States, this type of legislation has been criticised for deterring voters and, more problematically, disenfranchising poorer, minority and elderly voters. This is due to the fact that procuring approved forms of identification can be expensive and time consuming.’
Each Other, 20th May 2021
Source: eachother.org.uk
A Sigh of Relief: Elkundi & Ors v Birmingham City Council – Nearly legal
‘Hot on the heels of the decision in R (Imam) v London Borough of Croydon (2021) EWHC 739 (Admin) comes this altogether more satisfying decision, Elkundi & Ors, R (On the Application Of) v Birmingham City Council (2021) EWHC 1024 (Admin), on the nature and enforceability of the duty under s. 193(2) Housing Act 1996.’
Nearly legal, 20th May 2021
Source: nearlylegal.co.uk
Non-party access to court documents – OUT-LAW.com
‘People or organisations who are not a party to a piece of litigation (non-parties) in England and wales can obtain copies of some documents relating to civil proceedings that are held at court. Depending on the type of document requested, the permission of the court may be required. Until fairly recently, the matter had received only limited consideration in Scotland, however, the position there appears to be similar although there are fewer court rules covering the situation and much will depend on the nature of the document sought and the identity of the party seeking it.’
OUt-LAW.com, 20th May 2021
Source: www.pinsentmasons.com
Legal Challenges to neighbourhood plans and orders: the Supreme Court has the final word – Local Government Lawyer
‘Estelle Dehon and John Fitzsimons set out the lessons that those involved in neighbourhood plan and neighbourhood development order litigation should learn from a key Supreme Court ruling.’
Local Government Lawyer, 21st May 2021
Source: www.localgovernmentlawyer.co.uk
High Court judge clarifies position on adoption for co-parenting families where relationship has ended – Local Government Lawyer
‘The Family Court has ruled that in co-parenting families one parent may adopt a child born to the other even if they are no longer partners.’
Local Government Lawyer, 21st May 2021
Source: www.localgovernmentlawyer.co.uk
High Court boosts flight delay claims as Supreme Court hears Bott case – Litigation Futures
‘The High Court has given yet another boost to flight delay practices after ruling that a passenger who boarded in London but suffered a delay on the connecting leg of her flight in Canada was entitled to compensation.’
Litigation Futures, 20th May 2021
Source: www.litigationfutures.com
Will future earnings ever be shared after divorce? – Family Law
‘Almost all clients want their finances to be resolved without ongoing financial connections so they can each go their separate ways without continuing financial ties i.e., they want to have a “clean break”.’
Family Law, 20th May 2021
Source: www.familylaw.co.uk
Government responds to inquiry into child sexual abuse in secure children’s homes – Family Law
‘The government has responded to the Independent Inquiry into Child Sexual Abuse custodial institutions report about placement in secure children’s homes.’
Family Law, 20th May 2021
Source: www.familylaw.co.uk
Appeal dismissed despite ‘inexcusable’ 34-month wait for ruling – Law Society’s Gazette
‘The Court of Appeal has dismissed an appeal made on the basis that the ruling in question was handed down 34 months after the conclusion of the trial.’
Law Society's Gazette, 21st May 2021
Source: www.lawgazette.co.uk
Anglo-Swiss Divorce Proceedings Post-Brexit, Part II: Recognition and Enforcement of Financial Orders – Family Law Week
‘Roxane Reiser, barrister of 1 Hare Court, analyses the impact of Brexit on the recognition and enforcement of English financial orders in Switzerland.’
Family Law Week, 19th May 2021
Source: www.familylawweek.co.uk
Tens of thousands of EU citizens in UK to lose legal status next month due to Brexit ‘cliff edge’ – The Independent
‘Tens of thousands of EU citizens in the UK could lose their legal status next month because of an “arbitrary” deadline that will leave vulnerable people in an “intolerable situation”, MPs and peers have warned.’
The Independent, 20th May 2021
Source: www.independent.co.uk
‘Devious’ man jailed for trying to frame landlord’s partner over Westminster terror attack – The Independent
‘A man has been jailed for trying to frame an innocent person over the Westminster terror attack. Gerald Banyard, 67, fed police falsified information claiming a second man was involved in Khalid Masood’s deadly car and knife rampage “out of spite for his former landlord”.’
The Independent, 20th May 2021
Source: www.independent.co.uk
Windrush victims not compensated quickly enough, report finds – The Guardian
‘The Home Office has failed to compensate victims of the Windrush scandal quickly enough, a critical National Audit Office (NAO) investigation into the compensation scheme has found.’
The Guardian, 21st May 2021
Source: www.theguardian.com
Home Office’s rush to deport asylum seekers before Brexit was ‘inhumane’, watchdog finds – The Independent
‘The Home Office’s rush to deport asylum seekers last year ahead of Brexit amounted to “inhumane treatment,” a watchdog has found. In its annual report for 2020, the Independent Monitoring Board (IMB) for the Brook House Immigration Removal Centre (IRC) raised concerns around the impact of the government ramping up efforts to remove people arriving on small boats from the UK in the later months of 2020.’
The Independent, 20th May 2021
Source: www.independent.co.uk
Police and prosecutors must focus on actions of alleged rapists not victims, new guidance says – The Independent
‘Police and prosecutors are to place greater focus on the actions of alleged rapists rather than their victims, after charges hit a record low. New legal guidance published by the Crown Prosecution Service (CPS) says investigators must use an “offender-centric” approach and look closely at the actions of suspects before, during and after reported attacks.’
The Independent, 21st May 2021
Source: www.independent.co.uk
CPS updates rape legal guidance to reflect rapid growth in digital evidence – Crown Prosecution Service
‘The CPS has published refreshed rape and serious sexual offences (RASSO) legal guidance, delivering on our ongoing commitment to make the prosecution of these crimes reflect today’s rapidly changing society.’
Crown Prosecution Service, 21st May 2021
Source: www.cps.gov.uk
