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TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: CA 2 Jul 2020

Third in a rapid succession of Court of Appeal cases concerning the effect of the automatic stay imposed by Practice Direction 51Z Judges: Sir Geoffrey Vos, Chancellor of the High Court Citations: [2020] EWCA Civ 833 Links: Bailii Statutes: Civil Procedure (Amendment No. 2) (Coronavirus) Rules 2020 Jurisdiction: England and Wales Litigation Practice Updated: 31 … Continue reading TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) General Partner Ltd and Others: CA 2 Jul 2020

Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

The Claimant sued the Council for breach of the Data Protection Act 1998, breach of the General Data Protection Regulation (Regulation (EU) 2016/679), breach of confidence, misuse of private information, and breach of Article 8 of the European Convention on Human Rights. Disclosure of medical records to attendees of child protection conference. Defendant’s application for … Continue reading Stanley v London Borough of Tower Hamlets: QBD 26 Jun 2020

Cosar v HMP Wandsworth and Others: Admn 11 May 2020

Two applications for habeas corpus or, in the alternative, for a direction that they be treated as applications for permission to apply for judicial review – confinement to prison pending extradition to Romania – delay for Coronavirus Citations: [2020] EWHC 1142 (Admin) Links: Bailii Statutes: Extradition Act 2003 Jurisdiction: England and Wales Extradition Updated: 26 … Continue reading Cosar v HMP Wandsworth and Others: Admn 11 May 2020

Attorney General of The Turks and Caicos Islands v Misick and Others: PC 13 Nov 2020

(From the Court of Appeal of the Turks and Caicos Islands) Lawfulness of subsidiary legislation made under emergency powers by the Governor of the Turks and Caicos Islands, during the coronavirus pandemic to enable court sittings to be carried out remotely, with the judge located outside the TCI. It also concerns the fairness of allowing … Continue reading Attorney General of The Turks and Caicos Islands v Misick and Others: PC 13 Nov 2020

Carlick Contract Furniture Limited v Revenue and Customs: FTTTx 15 Jul 2022

Coronavirus Job Retention Scheme – clawback of payments – payments made in respect of employees whose employment had commenced before 19 March 2020, but where the first RTI return to include information about them post-dated 19 March 2020 – whether payments to those employees represented ‘qualifying costs’ for the purposes of the Coronavirus Act 2020 … Continue reading Carlick Contract Furniture Limited v Revenue and Customs: FTTTx 15 Jul 2022

The Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd and Others: ComC 15 Sep 2020

Test case to determine issues of principle in relation to policy coverage under various specimen wordings underwritten by the defendants in respect of claims by policyholders to be indemnified for business interruption losses arising in the context of the COVID-19 pandemic and the advice of and restrictions imposed by the UK Government in consequence. Held: … Continue reading The Financial Conduct Authority (FCA) v Arch Insurance (UK) Ltd and Others: ComC 15 Sep 2020

Dolan and Others v Secretary of State for Health and Social Care and Another: Admn 6 Jul 2020

Challenge to closures of schools and other provisions taken under the Regulations. Held: The Secretary of State had the legal power to make the Regulations. In making and maintaining the Regulations, he had not fettered his discretion. He had had regard to relevant considerations. He has not acted irrationally. He has not acted disproportionately. Permission … Continue reading Dolan and Others v Secretary of State for Health and Social Care and Another: Admn 6 Jul 2020

Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another: CA 1 Dec 2020

Lockdown Measures not Ultra Vires the 1984 Act The appellants, a businessman, and mother, appealed from refusal of leave to challenge regulations made in response to the Covid-19 pandemic on 26 March 2020 and since which introduced what was commonly known as a ‘lockdown’ in England. They submitted that the regulations imposed sweeping restrictions on … Continue reading Dolan and Others, Regina (on The Application of) v Secretary of State for Health and Social Care and Another: CA 1 Dec 2020

Christian Concern, Regina (on The Application of) v Secretary of State for Health and Social Care: CA 25 Sep 2020

In proceedings for judicial review the appellant challenged the ‘Approval of a Class of Places’ within the Abortion Act 1967 as amended made by the Secretary of State on 30 March 2020. This approves the ‘home of a pregnant woman’ as being a place which is authorised for the purpose of section 1 of the … Continue reading Christian Concern, Regina (on The Application of) v Secretary of State for Health and Social Care: CA 25 Sep 2020

London Borough of Hackney v Okoro: CA 27 May 2020

Coronavirus stay applies under appeal also Proper construction of Practice Direction 51Z, ‘Stay of Possession Proceedings – Coronavirus’ (‘PD 51Z’) – whether the automatic stay imposed by PD 51Z applies to appeals from possession orders that were extant when the stay began, as much as to first instance possession claims themselves. Held: ‘the words of … Continue reading London Borough of Hackney v Okoro: CA 27 May 2020

Francis, Regina (on The Application of) v The Secretary of State for Health and Social Care: Admn 1 Dec 2020

Self-Isolation Regulations within SS powers The claimant challenged the regulations requiring self-isolation following a positive test for Coronavirus. Held: The request for judicial review was rejected. The term ‘self-isolation’ was not used in its general sense, but with the particular meanings set out in the Regulations, and the law which might apply to a general … Continue reading Francis, Regina (on The Application of) v The Secretary of State for Health and Social Care: Admn 1 Dec 2020

Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 21 May 2020

No interim relief for Mosque Services The claimant Chairman of a mosque challenged the Regulations in so far as they prohibited communal prayers. He now sought interim relief so as to allow Friday prayers. Social distancing was proposed, and a contrast was made with other activities allowed. Held: Interim relief was refused: ‘even accounting for … Continue reading Hussain, Regina (on The Application of) v Secretary of State for Health and Social Care: Admn 21 May 2020

Gubarev and Another v Orbis Business Intelligence Ltd and Another: QBD 6 Aug 2020

Wrongful Transmission of Distanced Hearing In a defamation case, the solicitors representing one party had live streamed a video of a defamation trial to several individuals outside the jurisdiction without the Court’s permission. The trial took place during the Coronavirus pandemic, and conducted at a distance. There had been discussions between the judge and solicitors … Continue reading Gubarev and Another v Orbis Business Intelligence Ltd and Another: QBD 6 Aug 2020

Department of Health and Social Care (Central Government): ICO 22 Oct 2021

The complainant has requested the scientific advice used to inform changes to the shielding policy in July 2020, during the coronavirus pandemic. The Department of Health and Social Care (‘DHSC’) withheld the information under section 35(1)(a) of the FOIA (formulation or development of government policy) and considered the public interest favoured maintaining the exemption. The … Continue reading Department of Health and Social Care (Central Government): ICO 22 Oct 2021

Doran and Another v County Rentals Ltd (T/A Hunters): CA 24 Oct 2022

Proper construction and effect of Schedule 10, Part 2 of the Corporate Insolvency and Governance Act 2020 (CIGA) in its 2020 form and the Practice Direction – Winding Up Petitions and the Corporate Insolvency and Governance Act 2020, reported at [2020] Bus LR 1847 (the ‘Practice Direction’). The legislation and the procedure outlined in the … Continue reading Doran and Another v County Rentals Ltd (T/A Hunters): CA 24 Oct 2022

Department for Education (Central Government): ICO 14 Jul 2021

On behalf of the NASUWT, the complainant has requested an Equality Impact Assessment associated with the Department for Education’s response to the coronavirus pandemic, specifically the re-opening of schools in 2020. The Department for Education (DfE) withheld the relevant information it holds under section 35(1)(a) of the FOIA (formulation or development of government policy) and … Continue reading Department for Education (Central Government): ICO 14 Jul 2021

Care Quality Commission (Health) IC-56096: ICO 19 May 2021

The complainant has requested a full list of care homes and nursing homes in Herefordshire and Worcestershire County who reported suspected or confirmed cases of coronavirus (COVID-19) to the CQC between 1st January 2020 to 10th June 2020, the exact date the CQC became aware of coronavirus and its appearance in the UK and the … Continue reading Care Quality Commission (Health) IC-56096: ICO 19 May 2021

The Financial Conduct Authority and Others v Arch Insurance (UK) Ltd and Others: SC 15 Jan 2021

Many businesses, having been ordered to suspend business during the Covid-19 epidemic, sought to claim under business interruption insurance. The claims were rejected by the insurers and the insurers now appealed from a finding that they had been liable under a variety of clauses. Held: The appeal failed.‘ A disease that spreads is not something … Continue reading The Financial Conduct Authority and Others v Arch Insurance (UK) Ltd and Others: SC 15 Jan 2021

Gardner and Another, Regina (on The Application of) v The Secretary of State for Health and Social Care and Others: Admn 26 Aug 2021

This claim concerns the policies, acts and omissions of the defendants, relating to measures adopted for the protection of care homes and their residents during the first wave of the Coronavirus pandemic in the period February to June 2020. Judges: Mrs Justice Eady DBE Citations: [2021] EWHC 2422 (Admin) Links: Bailii Jurisdiction: England and Wales … Continue reading Gardner and Another, Regina (on The Application of) v The Secretary of State for Health and Social Care and Others: Admn 26 Aug 2021

Spurrier, Regina (on The Application of) v The Secretary of State for Transport: Admn 5 Feb 2019

Live streaming of video and audio from a court room is prohibited. Lord Justice Hickinbottom, and Mr Justice Holgate [2019] EWHC 528 (Admin), [2019] EMLR 2016, [2021] 4 WLR 33 England and Wales Cited by: See Also – Spurrier, Regina (on The Application of) v The Secretary of State for Transport Admn 1-May-2019 Challenge to … Continue reading Spurrier, Regina (on The Application of) v The Secretary of State for Transport: Admn 5 Feb 2019

Leigh and Others v Commissioner of The Police of The Metropolis and Another: Admn 12 Mar 2021

No declaration to require police to allow vigil The claimants requested an interim declaration so as to allow them to hold a peaceful vigil on Clapham Common in memory of the late Sarah Everard. They challenged the failure of the respondent to permit it as an exercise of their human rights. Held: The declaration was … Continue reading Leigh and Others v Commissioner of The Police of The Metropolis and Another: Admn 12 Mar 2021

Rowley, Regina (on The Application of) v Minister for The Cabinet Office: Admn 28 Jul 2021

Failure to Provide Signers was Discriminatory The claimant challenged the failure of the respondent to provide sign language interpreters to accompany public service broadcasts during the Covid pandemic. The parties agreed that the steps taken for later broadcasts had satisfied the requirements, but disagreed as to the need for continued review, the defendant saying that … Continue reading Rowley, Regina (on The Application of) v Minister for The Cabinet Office: Admn 28 Jul 2021

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