Recent Statutory Instruments –

Posted March 1st, 2018 in legislation by tracey

The Soft Drinks Industry Levy (Enforcement) Regulations 2018

The Public Regulated Service (Galileo) Regulations 2018

The London Government (London Fire Commissioner and Policing) (Amendment) Regulations 2018

The Value Added Tax (Amendment) Regulations 2018

The Social Security (Contributions) (Amendment No. 2) Regulations 2018

The Compulsory Purchase of Land (Written Representations Procedure) (Ministers) (Miscellaneous Amendments and Electronic Communications) Regulations 2018

The Neighbourhood Planning Act 2017 (Commencement No. 4 and Transitional Provisions) Regulations 2018

The Housing and Planning Act 2016 (Commencement No. 7 and Transitional Provisions) Regulations 2018

he Portability of Online Content Services Regulations 2018

The Compulsory Purchase (Inquiries Procedure) (Miscellaneous Amendments and Electronic Communications) Rules 2018

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2018

The Higher Education and Research Act 2017 (Consequential, Transitional, Transitory and Saving Provisions) Regulations 2018

The Merchant Shipping (Maritime Labour Convention) (Miscellaneous Amendments) Regulations 2018

The Higher Education and Research Act 2017 (Commencement No. 3) Regulations 2018

The Civil Procedure (Amendment) Rules 2018

The Agricultural and Forestry Vehicles (Type-Approval) Regulations 2018

The Motorcycles (Type-Approval) Regulations 2018

The Street Works (Charges for Occupation of the Highway) (England) (Amendment) Regulations 2018

The Income Tax (Pay As You Earn) (Amendment) Regulations 2018

The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2018

The Energy Information (Amendment) Regulations 2018

The Electricity (Connection Offer Expenses) Regulations 2018


BAILII: Recent Decisions

Posted March 1st, 2018 in law reports by tracey

Supreme Court

Steel & Anor v NRAM Ltd (formerly NRAM Plc) (Scotland) [2018] UKSC 13 (28 February 2018)

Burnden Holdings (UK) Ltd v Fielding & Anor [2018] UKSC 14 (28 February 2018)

Court of Appeal (Civil Division)

United First Partners Research v Carreras [2018] EWCA Civ 323 (28 February 2018)

G (A Child) [2018] EWCA Civ 305 (28 February 2018)

Chiltern Farm Chemicals Ltd, R (On the Application Of) v The Health And Safety Executive [2018] EWCA Civ 271 (27 February 2018)

Kerman v Akhmedova [2018] EWCA Civ 307 (27 February 2018)

High Court (Administrative Court)

Georgiev & Ors v Bulgarian Judicial Authorities [2018] EWHC 359 (Admin) (28 February 2018)

Paramaguru v London Borough of Ealing [2018] EWHC 373 (Admin) (27 February 2018)

High Court (Commercial Court)

Yukos International UK BV & Ors v Merinson [2018] EWHC 335 (Comm) (27 February 2018)

High Court (Queen’s Bench Division)

Ballard v Sussex Partnership NHS Foundation Trust [2018] EWHC 370 (QB) (28 February 2018)

High Court (Technology and Construction Court)

Grove Developments Ltd v S&T (UK) Ltd [2018] EWHC 123 (TCC) (27 February 2018)

BHC Ltd v Galliford Try Infrastructure Ltd (t/a Morrison Construction) [2018] EWHC 368 (TCC) (27 February 2018)


Landlords warned over blanket ban on applications from people on benefits – Local Government Lawyer

‘Lettings agents and landlords have been warned that they may be breaking the law if they refuse on a blanket basis to consider potential tenants simply because they are on benefits.’

Full Story

Local Government Lawyer, 1st March 2018


Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law – Constitutional Law Association

Posted March 1st, 2018 in bills, drafting, EC law, legislation, news, regulations, treaties by sally

‘In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all retained direct EU law (defined by the HLCC to encompass all the law continued under clauses 3 and 4 of the Withdrawal Bill) should be given the status of domestic primary legislation passed immediately before exit day. He suggests, instead, a hierarchy in which some law continued in force under clause 3 should be “deemed to be a statutory instrument”. This formulation is intended, it seems, to do more than its usual job (which is confined to attracting the provisions of the Statutory Instruments 1946, which are largely irrelevant for present purposes). It appears to be intended, instead, to give the law in question the status of subordinate legislation made under legislative powers delegated to the executive. But what practical effects is it designed to produce?’

Full Story

Constitutional Law Association, 28th February 2018


Barrister who lied about LLM and death penalty experience to gain pupillage disbarred – Legal Futures

‘A barrister has been disbarred for lying about her qualifications and experience, including a claim that she had saved 10 men from the death penalty in Malawi.’

Full Story

Legal Futures, 1st March 2018


Costs budgeting expected to feature in media case preliminaries –

Posted March 1st, 2018 in budgets, case management, defamation, media, news by sally

‘Parties in defamation cases seeking hearings of preliminary issues can expect more active case management by courts, including requirements to set out their anticipated legal costs, a media law expert has said.’

Full Story, 28th February 2018


Whatever happened to the judiciary’s McKenzie Friends consultation? – Transparency Project

‘In February 2016, the then Lord Chief Justice, Lord Thomas of Cwmgiedd, and the Judicial Executive Board issued a consultation entitled “Reforming the courts’ approach to McKenzie Friends”. It followed an internal report by a judicial working group and sought responses to a number of proposals in relation to McKenzie Friends, including changing their name to ‘court supporter’, replacing existing practice guidance with rules of court, introducing a Code of Conduct for them, and imposing a bar on recovery of fees.’

Full Story

Transparency Project, 27th February 2018


Borrower’s solicitor not liable for bank’s loss because it should have realised her error – Legal Futures

Posted March 1st, 2018 in appeals, banking, mistake, negligence, news, Scotland, solicitors, Supreme Court by sally

‘A bank that relied on inaccurate information supplied by its borrower’s solicitor should not have won a negligence claim against her, because it failed to carry out its own checks, the Supreme Court has ruled.’

Full Story

Legal Futures, 1st March 2018


Longer jail terms likely for knife and acid possession – The Guardian

Posted March 1st, 2018 in hazardous substances, news, offensive weapons, sentencing, weapons by sally

‘Adults convicted of possessing a knife or acid for use as an offensive weapon in public are likely to face longer prison terms when new sentencing guidelines for judges in England and Wales are introduced.’

Full Story

The Guardian, 1st March 2018


Family Drug and Alcohol Courts to expand across London – Local Government Lawyer

Posted March 1st, 2018 in alcohol abuse, care orders, courts, drug abuse, families, family courts, London, news by sally

‘The Family Drug and Alcohol Court ( FDAC) is to expand in London after a partnership of nine boroughs, led by Merton Council, commissioned the service from the Tavistock and Portman NHS Foundation Trust.’

Full Story

Local Government Lawyer, 28th February 2018


Paralegal subjected to f-word tirades by senior partner wins harassment claims – Legal Futures

‘A paralegal who was subjected to a “long accumulation of abuse” by the senior partner of a London law firm was the victim of harassment on the grounds of age and sex, an employment tribunal has found.’

Full Story

Legal Futures, 1st March 2018


Peter Wrighton murder: Ex-soldier found guilty – BBC News

Posted March 1st, 2018 in armed forces, DNA, mental health, murder, news, sentencing by sally

‘A “callous” ex-soldier has been convicted of murdering an 83-year-old dog walker in an “animalistic” attack.’

Full Story

BBC News, 28th February 2018


Solicitor loses appeal against order to give evidence on Russian client’s assets and not tip him off about it – Legal Futures

Posted March 1st, 2018 in appeals, confidentiality, evidence, news, notification, privilege, solicitors by sally

‘A solicitor compelled to give evidence about a billionaire Russian client’s assets, and forbidden from revealing his court appearance to the client, has lost his appeal against those orders.’

Full Story

Legal Futures, 28th February 2018


Crackdown on mobile phones at the wheel has cut number offences by half – Daily Telegraph

‘A crackdown on mobile phone use at the wheel has cut the number of offences by half, new figures show.’

Full Story

Daily Telegraph, 1st March 2018


Acid listed as ‘highly dangerous weapon’ in new sentencing guidance – BBC News

Posted March 1st, 2018 in hazardous substances, news, offensive weapons, sentencing, weapons by sally

‘People caught with acid or other corrosive substances in public could face up to six months in jail under new guidelines for England and Wales.’

Full Story

BBC News, 1st March 2018


Judges told to limit observers if witness has to remove veil – The Guardian

‘Judges should restrict the number of observers allowed into court when defendants or witnesses are compelled to remove their veil to give evidence, new guidance to judges recommends.’

Full Story

The Guardian, 28th February 2018