New Acts – legislation.gov.uk

Posted October 10th, 2019 in legislation by tracey

Parliamentary Buildings (Restoration and Renewal) Act 2019

Census (Return Particulars and Removal of Penalties) Act 2019

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 10th, 2019 in legislation by tracey

The Social Security (Capital Disregards) (Amendment) Regulations 2019

The Fire and Rescue Services (Appointment of Inspector) (Wales) (Revocation) Order 2019

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2019

The Misuse of Drugs Act 1971 (Amendment) Order 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 10th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v KN (DRC) [2019] EWCA Civ 1665 (09 October 2019)

Base Childrenswear Ltd v Otshudi [2019] EWCA Civ 1648 (09 October 2019)

Read v Panzone & Anor [2019] EWCA Civ 1662 (09 October 2019)

Idu v The East Suffolk & North Essex NHS Foundation Trust [2019] EWCA Civ 1649 (08 October 2019)

JP Morgan Chase Bank NA v The Federal Republic of Nigeria [2019] EWCA Civ 1641 (08 October 2019)

Aozora GMAC Investment Ltd, R (On the Application Of) v Revenue And Customs [2019] EWCA Civ 1643 (08 October 2019)

Ocean Outdoor UK Ltd v The London Borough of Hammersmith & Fulham [2019] EWCA Civ 1642 (08 October 2019)

Badyal v Badyal & Ors [2019] EWCA Civ 1644 (08 October 2019)

High Court (Administrative Court)

Okpara v General Medical Council [2019] EWHC 2624 (Admin) (09 October 2019)

Nkomo v The General Medical Council [2019] EWHC 2625 (Admin) (09 October 2019)

Safe Rottingdean Ltd v Brighton And Hove City Council [2019] EWHC 2632 (Admin) (08 October 2019)

Satnam Millenium Ltd v Secretary of State for Housing, Communities And Local Government [2019] EWHC 2631 (Admin) (08 October 2019)

Utilita Energy Ltd, R (On the Application Of) v Secretary of State for Business, Energy And Industrial Strategy [2019] EWHC 2612 (Admin) (07 October 2019)

Simone & Ors v Chancellor of the Exchequer & Anor [2019] EWHC 2609 (Admin) (07 October 2019)

Benchaouir, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 2606 (Admin) (07 October 2019)

High Court (Chancery Division)

Bellmare Holdings Ltd v Wells [2019] EWHC 2193 (Ch) (08 October 2019)

High Court (Commercial Court)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2019] EWHC 2630 (Comm) (08 October 2019)

High Court (Family Division)

B v A [2019] EWHC 2613 (Fam) (07 October 2019)

High Court (Queen’s Bench Division)

Lochailort Investments Ltd, R (On the Application Of) v Mendip District Council [2019] EWHC 2633 (QB) (08 October 2019)

Hillside Parks Ltd v Snowdonia National Park Authority [2019] EWHC 2587 (QB) (08 October 2019)

Mordel v Royal Berkshire NHS Foundation Trust [2019] EWHC 2591 (QB) (08 October 2019)

Bourne v Nejad [2019] EWHC 2605 (QB) (07 October 2019)

Source: www.bailii.org

Bleak Choses? Trusting in equity – Practical Law: Construction Blog

Posted October 10th, 2019 in assignment, equity, news, third parties, trusts, warranties by tracey

‘For many common lawyers – certainly me – trusts and equity seem exotic things. At one point, I supposed the closest I would get to equity in action was by reading Bleak House, which in length and majesty even rivals some of the equity textbooks. But in this (as many other things) I was proved wrong. One cannot properly understand the law of assignment – a bedrock of the commercial construction lawyer’s practice – without comprehending equitable assignment. And it is at the outer fringes of assignment where one may bump – or even lapse – into trusts.’

Full Story

Practical Law: Construction Blog, 9th October 2019

Source: constructionblog.practicallaw.com

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part II – UK Constitutional Law Association

‘This is the second of a two-part discussion of this theme. The first part addressed the obligations under the Benn Act and the legal response to attempts to frustrate it; this second part addresses non-confidence motions, resignation and change of Government. Heading numbering is continued from Part 1.’

Full Story

UK Constitutional Law Association, 10th October 2019

Source: ukconstitutionallaw.org

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part I – UK Constitutional Law Association

‘This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government.’

Full Story

UK Constitutional Law Association, 9th October 2019

Source: ukconstitutionallaw.org

Divorcing couples: beware the capital gains tax trap – OUT-LAW.com

Posted October 10th, 2019 in capital gains tax, divorce, matrimonial home, news, penalties, sale of land, time limits by tracey

‘A change to the capital gains tax (CGT) rules from April 2020 means divorcing or separating couples in the UK will have a shorter period of time in which to sell their interest in the family home without being hit by tax penalties.’

Full Story

OUT-LAW.com, 8th October 2019

Source: www.pinsentmasons.com

Solicitor secures injunction to stop web harassment – Legal Futures

Posted October 10th, 2019 in defamation, default judgments, harassment, injunctions, internet, news, solicitors by tracey

‘A partner at listed law firm Knights has secured a High Court injunction to prevent a former Oxford University student making “false and damaging allegations” against him.’

Full Story

Legal Futures, 10th October 2019

Source: www.legalfutures.co.uk

Too many children in care end up in the criminal justice system – we need to do better – Family Law

Posted October 10th, 2019 in children, criminal justice, news, young offenders, youth courts by tracey

‘Laura Cooper writes about the crucial role that youth justice lawyers have to play in reducing the criminalisation of looked after children at the police station.’

Full Story

Family Law, 9th October 2019

Source: www.familylaw.co.uk

Paternity issues: AB v CD [2019] EWHC 1695 (Fam) – Family Law

‘This case concerns the very difficult situation in which the issue of disputed paternity only comes to light years after the child’s birth, when the child (and the father) have always believed that he is the biological father, but in fact it transpires that this is not the case.’

Full Story

Family Law, 10th October 2019

Source: www.familylaw.co.uk

Lithuanian man jailed for a second time for stalking – Crown Prosecution Service

Posted October 10th, 2019 in deportation, news, recidivists, sentencing, stalking by tracey

‘A Lithuanian man, who was deported following a conviction for stalking but found a way back to the country to torment the same victim, has been jailed for three years.’

Full Story

Crown Prosecution Service, 9th October 2019

Source: www.cps.gov.uk

Millionaire’s son who threatened barman with toy gun has sentence deferred so he can holiday in Barbados – Daily Telegraph

Posted October 10th, 2019 in delay, firearms, guilty pleas, news, sentencing by tracey

‘A Sandbanks Yacht Club guest, who threatened a barman with an imitation gun, has had his sentence deferred so that he can holiday in Barbados.’

Full Story

Daily Telegraph, 9th October 2019

Source: www.telegraph.co.uk

Drug addicts to receive diamorphine twice a day in UK-first scheme – The Guardian

Posted October 10th, 2019 in crime prevention, drug abuse, drug trafficking, medical treatment, news by tracey

‘Drug addicts in the north of England are to receive daily doses of diamorphine from next week as part of plans to reduce deaths, stop crime and undermine drug dealers.’

Full Story

The Guardian, 9th October 2019

Source: www.theguardian.com

Police bail decline revealed as Law Society say worrying trend means violent criminals are being released with no restrictions – Daily Telegraph

Posted October 10th, 2019 in bail, Law Society, news, police, statistics, victims, violence by tracey

‘Thousands of crime suspects are being released by police without any restrictions and potentially putting victims and the public in danger, new research suggests. In 2017, the law was changed in a bid to limit the time someone spends on bail to 28 days, offering police the chance to instead release someone under investigation (RUI) for an unlimited period of time and without having to place any restrictions on them.’

Full Story

Daily Telegraph, 9th October 2019

Source: www.telegraph.co.uk

Violent hate crime against disabled has risen by 41 per cent in the last year, figures suggest – The Independent

Posted October 10th, 2019 in disabled persons, hate crime, news, statistics, violence, violent offenders by tracey

‘Disability hate crime involving violence has risen by 41 per cent in the last year, figures suggest.’

Full Story

The Independent, 9th October 2019

Source: www.independent.co.uk