Recent Statutory Instruments – legislation.gov.uk

Posted March 25th, 2019 in legislation by tracey

The Environment (Miscellaneous Amendments and Revocations) (EU Exit) Regulations 2019

The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019

The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019

The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Regulations 2019

The Aviation Safety (Amendment etc.) (EU Exit) Regulations 2019

The Animal Welfare (Amendment) (EU Exit) Regulations 2019

The Merchant Shipping (Standards of Training, Certification and Watchkeeping) (Amendment) (EU Exit) Regulations 2019

The European Union (Withdrawal) Act 2018 (Consequential Modifications and Repeals and Revocations) (EU Exit) Regulations 2019

The Sanctions Regulations (Commencement No. 1) (EU Exit) Regulations 2019

The European Structural and Investment Funds Common Provisions and Common Provision Rules etc. (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 25th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Lesforis v Tolias [2019] EWCA Civ 487 (25 March 2019)

High Court (Administrative Court)

Western Saharan Campaign UK v Revenue And Customs [2019] EWHC 684 (Admin) (25 March 2019)

Ihsan v General Medical Council [2019] EWHC 716 (Admin) (22 March 2019)

High Court (Chancery Division)

Warwickshire Aviation Ltd & Ors v Littler Investments Ltd [2019] EWHC 633 (Ch) (25 March 2019)

Bundeszentralamt Für Steuern (Being the Federal Central Tax Office of the Federal Republic of Germany) v Heis & Ors [2019] EWHC 705 (Ch) (22 March 2019)

Gaskin v Chorus Law Ltd & Anor [2019] EWHC 616 (Ch) (21 March 2019)

High Court (Commercial Court)

Arcelormittal USA LLC v Essar Steel Ltd [2019] EWHC 724 (Comm) (25 March 2019)

High Court (Queen’s Bench Division)

Hewson v Times Newspapers Ltd & Anor [2019] EWHC 650 (QB) (22 March 2019)

Source: www.bailii.org

Government backs down over ‘myth-busting’ guide on child protection – The Guardian

Posted March 25th, 2019 in care homes, charities, children, codes of practice, fostering, government departments, judicial review, local government, news, social services by sally

‘The government has withdrawn a controversial document that claims some statutory protections for vulnerable children are “myths”, after a charity launched an application for judicial review, the Guardian has learned.’

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The Guardian, 24th March 2019

Source: www.theguardian.com

Second possession orders and estoppel – Nearly Legal

Posted March 25th, 2019 in appeals, civil procedure rules, debts, estoppel, landlord & tenant, news, rent, repossession, res judicata by sally

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

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Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

Lady Hale: at least half of UK judiciary should be female – The Guardian

Posted March 25th, 2019 in diversity, equality, gender, judges, judiciary, news, statistics, women by sally

‘At least half of the judiciary should be women, Britain’s most senior judge has said.’

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The Guardian, 24th March 2019

Source: www.theguardian.com

Abusive wife jailed for life for husband’s murder – BBC News

Posted March 25th, 2019 in domestic violence, families, murder, news, sentencing by sally

‘A woman who killed her husband after “systematically” abusing him and hitting him with a rolling pin has been jailed.’

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BBC News, 22nd March 2019

Source: www.bbc.co.uk

Tax tribunal: presenter Lorraine Kelly not ’employee’ of ITV – OUT-LAW.com

Posted March 25th, 2019 in contract of employment, employment, HM Revenue & Customs, media, news, taxation, tribunals by sally

‘TV presenter Lorraine Kelly has won an employment tax case against HM Revenue and Customs (HMRC), after the first-tier tribunal found that she was not an ’employee’ of ITV to whom the IR35 disguised employment provisions should apply.’

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OUT-LAW.com, 22nd March 2019

Source: www.out-law.com

Mark Duggan family to sue Met Police over death – BBC News

Posted March 25th, 2019 in appeals, bereavement, compensation, damages, families, inquests, news, police, unlawful killing, weapons by sally

‘The family of Mark Duggan, whose death sparked riots across England in August 2011, are suing the Metropolitan Police for damages, BBC News has learned.’

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BBC News, 23rd March 2019

Source: www.bbc.co.uk

SRA and BSB praised for enforcement processes – Legal Futures

Posted March 25th, 2019 in barristers, codes of practice, complaints, disciplinary procedures, enforcement, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘The Legal Services Board (LSB) has given both the Solicitors Regulation Authority (SRA) and Bar Standards Board (BSB) a clean bill of health in the way they enforce their rules.’

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Legal Futures, 25th March 2019

Source: www.legalfutures.co.uk

Adtech, ePrivacy and the GDPR – Panopticon

Posted March 25th, 2019 in advertising, data protection, internet, news, privacy by sally

‘Scarcely a week goes by without my saying to someone or other (clients, colleagues, my children round the dinner table): the GDPR is not an exhaustive regime – where applicable, you need to ensure compliance with ePrivacy laws as well. Especially when it comes to electronic marketing communications, cookies and related ad tech. This inevitably prompts the question: aren’t we supposed to be getting a new ePrivacy law? What’s the delay?’

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Panopticon, 22nd March 2019

Source: panopticonblog.com

Autonomy founder Mike Lynch faces UK high court and fresh charges in US – The Guardian

Posted March 25th, 2019 in confiscation, conspiracy, fraud, money laundering, news, proceeds of crime by sally

‘Autonomy founder Mike Lynch will on Monday begin his high court defence against accusations that he perpetrated a $5bn (£3.8bn) fraud, as US prosecutors unveiled fresh criminal charges accusing the British businessman of a cover-up.’

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The Guardian, 24th March 2019

Source: www.theguardian.com

Charity launches super-complaint against police for treating slavery victims as criminals, rather than protecting them from perpetrators – Daily Telegraph

Posted March 25th, 2019 in charities, complaints, Crown Prosecution Service, forced labour, inquiries, news, police, statistics, trafficking in human beings, victims by sally

‘Police forces face a super-complaint over their alleged failure to protect victims of modern slavery.’

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Daily Telegraph, 25th March 2019

Source: www.telegraph.co.uk

Judge rules man should lose leg ‘against his wishes’ – BBC News

Posted March 25th, 2019 in consent, Court of Protection, medical treatment, mental health, news by sally

‘A mentally-ill man who could die if his badly-infected left foot is not amputated should have the operation against his wishes, a judge has ruled.’

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BBC News, 24th March 2019

Source: www.bbc.co.uk

Smacking children to be banned in Wales – The Guardian

Posted March 25th, 2019 in assault, bills, child cruelty, children, families, news, Wales by sally

‘Parents are to be banned from physically punishing children under legislation being introduced on Monday by the Welsh government.’

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The Guardian, 25th March 2019

Source: www.theguardian.com

Advertising watchdog rules fake autism ‘cure’ adverts must stop – BBC News

Posted March 22nd, 2019 in advertising, autism, communicating false information, medical treatment, news, ombudsmen by tracey

‘Advertising watchdog the Advertising Standards Authority (ASA) has ordered 150 homeopaths operating in the UK to stop claiming they can cure autism.’

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BBC News, 22nd March 2019

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 22nd, 2019 in legislation by tracey

The Carriage of Dangerous Goods (Amendment) Regulations 2019

The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019

The Intellectual Property (Copyright and Related Rights) (Amendment) (EU Exit) Regulations 2019

The Electricity and Gas etc. (Amendment etc.) (EU Exit) Regulations 2019

The National Minimum Wage (Amendment) Regulations 2019

The Public Procurement (Electronic Invoices etc.) Regulations 2019

The Public Procurement (Amendment etc.) (EU Exit) (No. 2) Regulations 2019

The Waste (Miscellaneous Amendments) (EU Exit) Regulations 2019

The Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2019

The Local Government (Structural and Boundary Changes) (Supplementary Provision and Miscellaneous Amendments) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 22nd, 2019 in legislation by tracey

Court of Appeal (Civil Division)

Godson v London Borough of Enfield [2019] EWCA Civ 486 (22 March 2019)

Lloyds Banking Group Plc & Ors v Revenue And Customs & Anor [2019] EWCA Civ 485 (21 March 2019)

High Court (Administrative Court)

Gwynt-Y-Môr Offshore Wind Farm Ltd, R (on the application of) v The Gas and Electricity Transmission PLC & Ors [2019] EWHC 654 (Admin) (21 March 2019)

Orion Corporation v The Secretary of State for Health and Social Care & Anor [2019] EWHC 689 (Admin) (21 March 2019)

Lis & Anor v Regional Court in Warsaw, Poland & Anor (No 2) [2019] EWHC 674 (Admin) (21 March 2019)

Source: www.bailii.org

High Court suspends Home Office deportations policy – UK Human Rights Blog

Posted March 22nd, 2019 in deportation, immigration, injunctions, ministers' powers and duties, news by tracey

‘R (Medical Justice) v Secretary of State for the Home Department [2019] CO/543/2019. The High Court delivered the latest in a series of blows to the Government’s “hostile environment” immigration policy on Thursday. Walker J granted Medical Justice an interim injunction which will prevent the Home Office from removing or deporting people from the country without notice.’

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UK Human Rights Blog, 21st March 2019

Source: ukhumanrightsblog.com

Coronial Causation – UK Human Rights Blog

Posted March 22nd, 2019 in causation, inquests, news by tracey

‘The Divisional Court in R (Chidlow) v HM Senior Coroner for Blackpool [2019] EWHC 581 has given a concise and authoritative judgment reiterating and summarising the current common law concerning causation in inquests. Given the ever increasing importance of inquests and their conclusions as preliminaries to civil litigation, as well the growing number of inquests being held into historical deaths, the judgment will doubtless be frequently cited over the coming months and years.’

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UK Human Rights Blog, 18th March 2019

Source: ukhumanrightsblog.com

Doctor “should have been jailed for contempt” like solicitor was – Litigation Futures

Posted March 22nd, 2019 in contempt of court, doctors, news, sentencing, solicitors, suspended sentences by tracey

‘A doctor who received a suspended sentence after running a “factory” producing 32 medical reports in a day should have been jailed like the solicitor he worked with, the Court of Appeal has ruled.’

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Litigation Futures, 21st March 2019

Source: www.litigationfutures.com