Three Court of Appeal Judgments on one day, from an identically constituted Court, on local authorities and remote coronavirus hearings. L (Adoption) (2020) EWCA Civ 577 on covert sibling tests and ECHR Article 8. A (Children) (2020) EWCA Civ 583 providing general guidance. B (Children) (2020) EWCA Civ 584 on procedural principles.

BES v Cheshire West and Chester BC (2020) EWHC 701 (QB) concerns the extent of a local authority’s duty of disclosure in litigation arising out of a trading standards investigation. All 22 local authorities carrying out trading standards functions in the North West Region had signed  Protocol identifying the Defendant as the lead partner for the Regional Investigation Team. The other authorities, including Lancashire County Council (LCC), delegated trading standards functions to the Defendant. The Protocol encouraged the exchange of information and mutual assistance. It fell short of establishing a right, or even a presumption, that certain categories of documents were, without more, to be provided on request.

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In Packham v SOS for Transport (2020) EWHC 829 (Admin) a Divisional Court said that:

(1) When dealing matters depending essentially upon political judgment, matters of national economic policy and the like, the Court will interfere on grounds only of bad faith, improper notice or manifest absurdity : para 55; and

(2) Whether there is a failure to take into account a relevant consideration that the decision maker is obliged to take into account has nothing to do with the different question of whether a decision is vitiated by error of fact : the two should not be eluded or confused : para 51.

Courts in the UK continue to be obliged to refer to the European Court of Justice cases involving unclear EU law. The Supreme Court made such a reference on 1 April 2020 in Zipvit v HMRC (2020) UKSC 15.

The Supreme Court has unanimously allowed appeals in WM Morrisons Supermarkets v Various Claimants (2020) UKSC 12 and in Barclays Bank v Various Claimants (2020) UKSC 13. No vicarious liability in either case. The former concerned an employee, the latter an independent contractor. Vicarious liability applies to employees and near employees. It does not apply to classic independent contractors.

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In PBS v BESTER (2020) EWCA 404 Coulson LJ at paragraph 23 stated principles with respect to enforcement of compulsory adjudication awards in the construction industry when there are allegations of fraud, as follows : (1) If the allegations of fraud were made, or could and should have been made, in the adjudication, that cannot subsequently amount to a reason not to enforce the decision; (2) If on the other hand (I) the adjudicator’ s decision was arguably procured by fraud or (I) where the material relied upon by the adjudicator is shown to be both (a) material and (b) arguably fraudulent and (iii) the allegation of fraud could not have been raised in the adjudication, such allegations can be a proper ground for resisting enforcement.

On “ Confidentiality Rings” in civil litigation, see INFDERATION Ltd v GOOGLE LLC (2020) EWHC 657(Ch) at paras 27-47 inc.

In R (Parreen) v Redbridge LBC (2020) EWCA Civ 194 the Court of Appeal has reiterated the principles that should be applied when dealing with the costs of judicial review proceedings which have been withdrawn or settled prior to a full hearing in circumstances where the claimant has obtained all or some of the relief claimed. It is necessary to identify the “successful party”, but success consists not only in obtaining the relief sought, but also obtaining it earlier than would otherwise have been the case.  The Court of Appeal also reiterated  however that investigation of such matters has to be kept within reasonable and proportionate bounds; and that the fact that the claimant obtained the relief sought did not necessarily mean that the proceedings had caused or contributed to that outcome.

In Husson v SSHD (2020) EWCA Civ 329 Simler LJ stated, at paragraph 42, that:-

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