Month: July 2021

BAILII: Recent Decisions

Posted July 13th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

School Facility Management Ltd & Ors v Governing Body of Christ The King College [2021] EWCA Civ 1053 (12 July 2021)

Target Group Ltd v Her Majesty’s Revenue And Customs [2021] EWCA Civ 1043 (12 July 2021)

High Court (Administrative Court)

Perry v The Government of the United States of America [2021] EWHC 1956 (Admin) (13 July 2021)

High Court (Queen’s Bench Division)

London Borough of Lambeth v Grant & Ors (Rev 1) [2021] EWHC 1962 (QB) (12 July 2021)

Malik v St George’s University Hospitals NHS Foundation Trust [2021] EWHC 1913 (QB) (12 July 2021)

Source: www.bailii.org

Committed to committal – Nearly Legal

Posted July 13th, 2021 in civil procedure rules, committals, contempt of court, coronavirus, harassment, landlord & tenant, news, sentencing, service by tracey

‘Gunn & Launders v Khan (2020) EWCA Civ 1905. This was an appeal by the landlord, Saakib Khan, of an order sentencing him to six months imprisonment for contempt of court for breach of an injunction. The injunction (still just about interim on the date of breach, as will become clear) was to prevent Saakib Khan from evicting or attempting to evict the tenant and from interfering with his quiet enjoyment of the property and from threatening him with violence or harassing, pestering, or intimidating him.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

Doors, fixtures and demises – Nearly Legal

Posted July 13th, 2021 in covenants, leases, news by tracey

‘Marlborough Knightsbridge Management Ltd v Fivaz (2021) EWCA Civ 989. In which the Court of Appeal grapple with whether a front entrance door to a leasehold flat is a “landlord’s fixture” or something else. This was the landlord’s second appeal from the Upper Tribunal decision we noted here, where the UT had found that the door was part of the demise under the lease, not a landlord’s fixture. The overall issue was that the leaseholder, Mr Fivaz, had replaced the front door to his flats. The landlord contended that this was a breach of lease under a covenant.’

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Nearly Legal, 8th July 2021

Source: nearlylegal.co.uk

UK court backs rights holder in ‘essential’ patent dispute – OUT-LAW.com

Posted July 13th, 2021 in estoppel, news, patents, telecommunications by tracey

‘The High Court in London has decided in favour of Optis Cellular Technology in a dispute over the validity of one of its telecommunications network patents and one that was said to be essential to the long-term evolution (LTE) network standard.’

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OUT-LAW.com, 12th July 2021

Source: www.pinsentmasons.com

TCC stays expert determination proceedings – Practical Law: Construction Blog

Posted July 13th, 2021 in construction industry, contracts, dispute resolution, news, stay of proceedings by tracey

‘It has been quite some time since I have blogged about expert determination. In fact, the last time was six years ago when I wrote about the Court of Appeal’s judgment in Begum v Hossain, which concerned the valuation of shares in an Indian restaurant. That was before the term “Brexit” had been coined and most of us were happily oblivious to the meaning of the word “furlough”. Therefore, Jefford J’s recent judgment in Maypole Dock v Catalyst Housing Ltd, which concerned an interim injunction to restrain the pursuit of an expert determination, caught my eye.’

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Practical Law: Construction Blog, 6th July 2021

Source: constructionblog.practicallaw.com

Secondary Victims: Still Second-Class Claimants? – Ropewalk Clinical Negligence Blog

Posted July 13th, 2021 in bereavement, birth, hospitals, negligence, news, post-traumatic stress disorder, psychiatric damage, third parties, victims by tracey

‘In King v Royal United Hospitals Bath NHS Foundation Trust [2021] EWHC 1576 (QB), the High Court once again demonstrated the difficulties faced by Claimants who suffer psychiatric conditions as a result of witnessing loved ones (in this case, a new-born baby) die in hospital.’

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Ropewalk Clinical Negligence Blog, 12th July 2021

Source: www.ropewalk.co.uk

Lady Rose, ALBA Annual Lecture – Supreme Court

Posted July 13th, 2021 in evidence, speeches, statistics, trade marks by tracey

‘A Numbers Game? Statistics in Public Law Cases’

Full speech

Supreme Court, 5th July 2021

Source: www.supremecourt.uk

Master of the rolls gives green light to mandatory ADR – Law Society’s Gazette

Posted July 13th, 2021 in civil justice, dispute resolution, human rights, news, reports by tracey

‘Mandatory (alternative) dispute resolution is lawful and should be encouraged, according to the Civil Justice Council’s report on compulsory alternative dispute resolution.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Appeal judges back higher costs where claimant has died – Law Society’s Gazette

Posted July 13th, 2021 in civil procedure rules, costs, executors, news, personal injuries, pre-action conduct by tracey

‘The Court of Appeal has found in favour of claimants with a ruling that the more lucrative costs regime should apply where someone dies before their case concludes.’

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Law Society's Gazette, 12th July 2021

Source: www.lawgazette.co.uk

Crime victims ‘hesitant’ to report them over court delays – BBC News

Posted July 13th, 2021 in crime, criminal justice, delay, news, victims by tracey

‘A victim of crime says some people are put off reporting incidents because of delays in getting justice. More than 57,000 trials are yet to be heard in crown courts across England and Wales due to a backlog made worse by the coronavirus pandemic.’

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BBC News, 13th July 2021

Source: www.bbc.co.uk

The Base: UK to ban US-based white supremacist group as terrorist organisation – The Independent

Posted July 13th, 2021 in news, proscribed organisations, racism, terrorism by tracey

‘The British government is to ban US-based white supremacist group The Base as a terrorist organisation.’

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The Independent, 12th July 2021

Source: www.independent.co.uk

Migrant rough sleeper facing eviction from London accommodation – The Guardian

Posted July 13th, 2021 in homelessness, hotels, housing, immigration, local government, news by tracey

‘A migrant rough sleeper is facing eviction from emergency hotel accommodation by a London council because he refuses to return to his home country.’

Full Story

The Guardian, 12th July 2021

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 12th, 2021 in law reports by tracey

High Court (Chancery Division)

Kuddusi Can Il (aka K Jan Il) v Yesilkaya (aka Abit Yesilkaya) & Anor [2021] EWHC 1695 (Ch) (09 July 2021)

Original Beauty Technology Company Ltd & Ors v G4K Fashion Ltd & Ors [2021] EWHC 1848 (Ch) (09 July 2021)

High Court (Commercial Court)

Devas Multimedia America Inc & Ors v Antrix Corporation Ltd & Ors [2021] EWHC 1944 (Comm) (09 July 2021)

Markel Bermuda Ltd v Caesars Entertainment Inc. (Arbitration Claim) [2021] EWHC 1931 (Comm) (09 July 2021)

High Court (Family Division)

A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam) (09 July 2021)

K v H [2021] EWHC 1918 (Fam) (08 July 2021)

High Court (Patents Court)

Insulet Corporation v Roche Diabetes Care Ltd [2021] EWHC 1907 (Pat) (09 July 2021)

High Court (Technology and Construction Court)

Good Law Project Ltd, R (On the Application Of) v Minister for the Cabinet Office [2021] EWHC 1937 (TCC) (09 July 2021)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 12th, 2021 in legislation by tracey

The Licensing Act 2003 (2020 UEFA European Championship Licensing Hours) Order 2021

The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2021

The Benchmarks (Provision of Information and Documents) Regulations 2021

The School Teachers’ Pay and Conditions (England) (Coronavirus) (Amendment) Order 2021

The Contracting Out (Functions in Relation to Space) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted July 12th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

AK & Ors, R (on the application of) v The Entry Clearance Office (Islamabad) & Anor [2021] EWCA Civ 1038 (09 July 2021)

Greenstein v Campaign Against Antisemitism [2021] EWCA Civ 1006 (09 July 2021)

Pennistone Holdings Ltd v Rock Ferry Waterfront Trust [2021] EWCA Civ 1029 (09 July 2021)

R (A Child), Re [2021] EWCA Civ 1019 (09 July 2021)

Molloy v BPHA Limited [2021] EWCA Civ 1035 (09 July 2021)

KA, R (on the application of) v The Secretary of State for the Home Department & Anor [2021] EWCA Civ 1040 (09 July 2021)

Fixsler & Anor v Manchester University NHS Foundation Trust & Anor [2021] EWCA Civ 1018 (09 July 2021)

Court of Appeal (Criminal Division)

Hanson, R. v [2021] EWCA Crim 1008 (09 July 2021)

High Court (Administrative Court)

Smart, R (On the Application Of) v Secretary of State for Justice [2021] EWHC 1898 (Admin) (09 July 2021)

Madison v Government of Australia [2021] EWHC 1900 (Admin) (09 July 2021)

Source: www.bailii.org

“Extraordinary things are happening” outside of traditional law firms – Legal Futures

Posted July 12th, 2021 in alternative business structures, law firms, legal services, news, solicitors by tracey

‘Professor Richard Susskind’s claim that the current model of alternative legal services providers has not delivered and needs to be rethought is premature, the boss of Radiant Law has argued.’

Full Story

Legal Futures, 12th July 2021

Source: www.legalfutures.co.uk

Knife Crime Prevention Orders begin in London – Home Office

Posted July 12th, 2021 in gangs, government departments, London, news, offensive weapons, pilot schemes, police, violence, violent offenders, young offenders by tracey

‘Court orders preventing young people from carrying knives and becoming embroiled in serious violence are now being piloted in London, Home Secretary Priti Patel has announced.’

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Home Office, 7th July 2021

Source: www.gov.uk

A de-facto problem – Family Law

Posted July 12th, 2021 in cohabitation, families, financial dispute resolution, marriage, news by tracey

‘Should cohabiting couples be permitted to bring more comprehensive financial applications to court upon separation? This longstanding discussion amongst family lawyers in England continues and will continue afresh in the wake of the recent House of Commons Briefing Paper “Common law marriage” and Cohabitation published on 4 May 2021.’

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Family Law, 8th July 2021

Source: www.familylaw.co.uk

CPS publishes updated guidance for handling of illegal entry cases via small boats – Crown Prosecution Service

Posted July 12th, 2021 in asylum, codes of practice, Crown Prosecution Service, immigration, news, prosecutions, trafficking in human beings, victims by tracey

‘Prosecutors and law enforcement agencies have agreed a consistent approach to the handling of cases involving illegal entry to the UK via small boats and lorries.’

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Crown Prosecution Service, 8th July 2021

Source: www.cps.gov.uk

CGT and Divorce – changes ahead? – Family Law Week

Posted July 12th, 2021 in divorce, families, financial dispute resolution, news, taxation by tracey

‘Jo Carr-West and Lara Barton, partners at Hunters Law LLP, explain recent recommendations that would assist divorcing couples in minimising and managing the CGT implications of separating their financial affairs.’

Full Story

Family Law Week, 10th July 2021

Source: www.familylawweek.co.uk