Recent Statutory Instruments – legislation.gov.uk

Posted October 7th, 2020 in legislation by tracey

The Immigration (Health Charge) (Amendment) Order 2020

The Jobseekers (Back to Work Schemes) Act 2013 (Remedial) Order 2020

The Sentencing (Pre-consolidation Amendments) Act 2020 (Exception) Regulations 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 7th, 2020 in law reports by tracey

Court of Appeal (Criminal Division)

Flint & Anor, R v [2020] EWCA Crim 1266 (06 October 2020)

High Court (Queen’s Bench Division)

Oberholster v Little & Anor [2020] EWHC 2635 (QB) (06 October 2020)

Source: www.bailii.org

Legal profession hits back at Johnson over ‘lefty lawyers’ speech – The Guardian

“Lawyers say government’s hostility risks stirring up hatred and undermining rule of law.’

Full Story

The Guardian, 6th October 2020

Source: www.theguardian.com

Private hospital company was unaware of concerns the top surgeon was hoarding bones – The Independent

Posted October 7th, 2020 in doctors, hospitals, medical ethics, medical treatment, news, professional conduct by tracey

‘The former owners of a private hospital where hip surgeon Derek McMinn carried out thousands of operations on patients was only told about concerns he was hoarding bones and tissue without proper permission last week – a year after an internal investigation suggested they should be told. Nuffield Health, which runs more than 30 hospitals, told The Independent it was unaware of any issues related to Prof McMinn until reports of his alleged behaviour last week.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

Search warrants reform to help law enforcement investigate crime – Law Commission

Posted October 7th, 2020 in evidence, Law Commission, police, statute law revision, warrants by tracey

‘Reforms that would reduce the number of unlawful search warrants being issued and help law enforcement to investigate crime and collect evidence (especially that stored electronically) have today [7 October 2020] been recommended by the Law Commission, the Government’s independent law reform body.’

Full press release

Law Commission, 7th October 2020

Source: www.lawcom.gov.uk

Inheritance delays causing financial hardship for the bereaved – The Independent

Posted October 7th, 2020 in bereavement, coronavirus, delay, executors, families, news, probate, wills by tracey

‘With probate applications now taking three times longer to approve, more than 8,000 estates remain unclaimed.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

Court to rule on UK freedom of information bids from overseas – The Guardian

‘The rights of those living abroad to submit freedom of information requests are to be tested in court after more than a dozen cases – including one relating to Julian Assange’s extradition – were blocked. A combined hearing involving the Home Office, Metropolitan police, the Information Commissioner’s Office (ICO) and 13 separate cases is to be held at an information tribunal in London.’

Full Story

The Guardian, 6th October 2020

Source: www.theguardian.com

Unexplained Wealth Orders: Suspected money launderer gives up £10m of property – BBC News

‘Around £10m of property has been surrendered in a major victory against some of northern England’s most dangerous criminals. The apartments and homes were given up to the National Crime Agency by a Leeds businessman who investigators suspect of being a major money-launderer.’

Full Story

BBC News, 7th October 2020

Source: www.bbc.co.uk

Justin Welby: Child sex abuse report a ‘wake-up call’ for Church – BBC News

‘A report that found the Church of England failed to protect children from sexual abuse was “a big wake-up call”, the Archbishop of Canterbury has said. Justin Welby said “nothing must get in the way” of change after a report from the Independent Inquiry into Child Sex Abuse (IICSA) said the Church had failed to protect children.’

Full report

Full Story

BBC News, 7th October 2020

Source: www.bbc.co.uk

Boris Johnson undermining courts to consolidate power, retired Supreme Court judge warns – The Independent

‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

Successful adjudication enforcement in favour of an insolvent company – Practical Law: Construction Blog

‘Hot on the heels of the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd, in what may be the first summary judgment to enforce an adjudicator’s decision in favour of a party in administration, we have successfully represented the claimant in Styles and Wood Ltd (in administration) (S&W) v GE CIF Trustees Ltd.’

Full Story

Practical Law: Construction Blog, 1st October 2020

Source: constructionblog.practicallaw.com

Woman jailed after forging court order in bid to obtain medical records of relative subject to Court of Protection proceedings – Local Government Lawyer

‘A woman has been sentenced to an immediate term of imprisonment of 12 months after a High Court judge found she had forged a purported court order and sent it to an NHS trust with the intention of obtaining the medical confidential records of a relative, despite the court refusing to direct this.’

Full Story

Local Government Lawyer, 5th October 2020

Source: www.localgovernmentlawyer.co.uk

Council hit with costs order after Court of Protection judge finds it failed autistic 18 year old – Local Government Lawyer

Posted October 6th, 2020 in autism, care orders, costs, Court of Protection, local government, news by tracey

‘A Court of Protection judge has ordered Shropshire Council to pay the costs of the Official Solicitor and a father after finding that the local authority had failed an 18 year old man (ND) with a diagnosis of autism spectrum disorder.’

Full Story

Local Government Lawyer, 6th October 2020

Source: www.localgovernmentlawyer.co.uk

Insurers’ decision to appeal Covid insurance test case “disgraceful” – Litigation Futures

Posted October 6th, 2020 in coronavirus, financial regulation, insurance, law firms, news by tracey

‘A law firm at the forefront of the business interruption insurance test case has described insurers’ decision to appeal the High Court ruling as “disgraceful”.’

Full Story

Litigation Futures, 5th October 2020

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 6th, 2020 in legislation by tracey

The Proceeds of Crime Act 2002 (References to Financial Investigators) (Amendment) (England and Wales) Order 2020

The Prison and Young Offender Institution (Coronavirus, etc.) (Amendment) (No. 3) Rules 2020

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2020 in law reports by tracey

High Court (Chancery Division)

Terracorp Ltd v Rajesh Mistry & Ors [2020] EWHC 2623 (Ch) (06 October 2020)

High Court (Commercial Court)

YS GM Marfin II LLC & Ors v Lakhani & Ors [2020] EWHC 2629 (Comm) (05 October 2020)

High Court (Queen’s Bench Division)

Chell v Tarmac Cement And Lime Ltd [2020] EWHC 2613 (QB) (05 October 2020)

Source: www.bailii.org

G-A-Y nightclub owner launches legal action against government over 10pm curfew – The Independent

Posted October 6th, 2020 in clubs, coronavirus, health & safety, judicial review, news, regulations by tracey

‘”Enough is enough” says Jeremy Joseph as he launches judicial review into policy that threatens future of pubs, clubs and restaurants.’

Full Story

The Independent, 5th October 2020

Source: www.independent.co.uk

Doctor fined £4,000 for carrying out unlicensed circumcision – The Independent

Posted October 6th, 2020 in children, doctors, fines, licensing, medical treatment, news, penalties by tracey

‘A doctor has been fined £4,000 after carrying out an unlicensed circumcision.’

Full Story

The Independent, 5th October 2020

Source: www.independent.co.uk

UK court overturns ruling on $1.8bn of Venezuelan gold – The Guardian

‘A battle for the control of more than $1.8bn worth of Venezuelan gold stored at the Bank of England has swung in favour of the government of Nicolás Maduro after an appeals court in London overturned an earlier high court ruling concerning whom the UK recognised as Venezuela’s president.’

Full Story

The Guardian, 5th October 2020

Source: www.theguardian.com

Youth jail plans therapy rather than steel doors – BBC News

Posted October 6th, 2020 in education, news, prisons, recidivists, rehabilitation, reports, young offenders by tracey

‘”Once you’re caught in the grip of the system you are doomed,” says the founder of a radically different approach to jailing young offenders. Steve Chalke aims to stop a revolving door of criminality that at present sees 69% of young prisoners reoffending within a year of release.’

Full Story

BBC News, 6th Ocotber 2020

Source: www.bbc.co.uk