2019-2020 Legal Year Round Up
There Has Been More To This Legal Year Than Coronavirus Regulations
Hint - Just click on any complex legal terms to see their definitions!
What is the legal year?
Whilst the calendar year runs from January to December, many professions have their own years that do not necessarily run in conjunction with the calendar year. For example, we have a tax year, a legal year and an academic year. The legal year mimics the academic year and runs from 1st October to 31st July. The legal year is broken up into four terms: Michaelmas, Hilary, Easter and Trinity. So, at the end of another legal year, we’ve wrapped up the legislation, cases and developments that we should remember.
What cases have been heard in the Supreme Court this year?
November 2019 – False imprisonment of asylum seekers
R (on the application of Hemmati and others) (Respondents) v Secretary of State for the Home Department (Appellant)[2019] UKSC 56
This case was heard before the Supreme Court and heard whether five asylum seekers were illegally detained in an immigration detention centre and, if they were illegally detained ,whether they should receive compensation . The Court decided that they were detained illegally and entitled to damages for false imprisonment. This case was of huge interest to immigration lawyers and those interested in human rights.
February 2020 – Who governs universal credit in Northern Ireland, Westminster or Belfast?
A Reference by the Attorney General for Northern Ireland of devolution issues to the Supreme Court pursuant to Paragraph 34 of Schedule 10 to the Northern Ireland Act 1998 (Northern Ireland)[2020] UKSC 2
This case before the Supreme Court is one for those interested in how the constitution of Britain works. It centres on how the Government governs Universal Credit and where the power lies within Westminster and the nations, i.e. Wales, Scotland or, in this case, Northern Ireland. The Court ruled interestingly in this case, as they seemed to state that there is no devolution issue to be decided. It states that the questions asked by the parties were not the right questions to pose.
Credit: Supreme Court
May 2020 – Can you get damages if you were imprisoned for murder if you should have been in care by the state at the time you committed the murder?
Ecila Henderson (A Protected Party, by her litigation friend, The Official Solicitor) (Appellant) v Dorset Healthcare University NHS Foundation Trust (Respondent)
This case has not yet been decided by the Supreme Court, however it is interesting for anyone interested in criminal law. It involves the murder of Appellant’s Mother by the Appellant, who was suffering from a mental disorder. The Appellant should have been in protective care under the Mental Health Act , for reasons explained in the case, the local authority did not keep her in protective care and so she was able to commit this crime.
May 2020 – Detention of ‘Terrorists’ in Northern Ireland in the 1970’s
R v Adams (Appellant) (Northern Ireland) [2020] UKSC 19
Before the Supreme Court another Northern Irish case was heard, focusing on The Troubles. The Appellant, who was detained under Detention of Terrorists (Northern Ireland) Order 1972, argued his dentation from 1973 for four years and 6 months was not lawful.
July 2020 – Are Uber workers part of the ‘gig economy’ or do they have basic employment rights that employed people have?
Uber BV and others (Appellants) v Aslam and others (Respondents)
At the time of writing, this case is being decided by the Supreme Court. It centres on whether Uber drivers can be considered as workers or whether they are independent third-party contractors. Uber drivers are considered to be part of what is colloquially called the ‘gig-economy’. In this sector of the economy, there are many jobs that have similar working patterns, for example delivery drivers. Depending on the outcome of this case, Uber drivers may or may not have a right to basic workers’ rights such as a right to basic pay or annual leave.
July 2020 – Gender Pay Gap - should women employed by ASDA in store be paid the same as comparative male roles in their distribution centres?
Asda Stores Ltd (Appellant) v Brierly and others (Respondents)
This case focuses on the gender pay gap in ASDA stores. It is currently being decided by the Supreme Court and focuses on whether the two different roles are of ‘equal value’ despite performing different functions and if so, whether the female employees should be paid the same as male employees.
What about legislation?
December 2019 – Civil Partnerships becomes law
This has allowed people who are not of the same sex enter into a civil partnership. This presents a new opportunity for people who do not want to get married but still want to be treated in law as if they were married.
January 2020 – European Union (Withdrawal Agreement) Act 2020 becomes law
This legislation has allowed the UK to leave to European Union.
March 2020 - The Environmental Protection (Plastic Straws, Cotton Buds and Stirrers) (England) Regulations 2020 is in draft, and not currently law
This piece of draft legislation is being made to restrict the use of single use plastic straws, cotton buds, and plastic drink stirrers in order to prevent further harm being inflicted on the environment and the health of humans and animals. Due to Covid-19, this has been pushed back to October.
June 2020 – Divorce, Dissolution and Separation Act 2020 has just become law, but is yet to be implemented in the courts
This means that couples that want to file for a no-fault divorce can now do so. However, this law cannot be applied until Autumn 2021 as policies are still being written on how to apply it.
For more legislation, check out this link.
Honourable mention
Although it fell a little earlier than 1st October 2019, we couldn’t help but give an honourable mention to R (Miller) v The Prime Minister; Cherry and others v Advocate General for Scotland [2019] UKSC 41
This case centred on whether the advice given to Her Majesty the Queen to prorogue Parliament by the Prime Minister Boris Johnson was lawful.
As the judgement stated:
“[the situation] arises in circumstances which have never arisen before and are unlikely ever to arise again. It is a “one off”. But our law is used to rising to such challenges and supplies us with the legal tools to enable us to reason to a solution” (UKSC 41, para 1)
Credit: The Guardian, 25th September 2019
The Judgement found that the prorogation of Parliament was unlawful. If you want to read more, check out this blog.
Written By Ceri Blower
What do the legal terms mean?
Appellant - A person who applies to a court more senior than the previous one their case was in to get the decision changed.
Legislation - A term for a law or set of laws, passed by parliament
Constitution - Principles and laws that govern a nation, more complex in the UK as we do not have a written constitution like countries like the US.
False Imprisonment - A legal offence where you imprison, or prevent someone’s freedom of movement
Prorogue - The act of taking a break for a time in parliament