Recent Statutory Instruments – legislation.gov.uk

Posted January 28th, 2021 in legislation by tracey

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2021

The Traffic Signs (Coronavirus) (Amendment) (England) Regulations 2021

Source: www.legislation.gov.uk

Case Preview: Protect Rural England (Kent) v Secretary of State for Communities and Local Government – UKSC Blog

Posted January 28th, 2021 in appeals, costs, government departments, local government, news, planning, Supreme Court by sally

‘On 28 January 2021 the Supreme Court will hear the appeal in Campaign to Protect Rural England (Kent) (Appellant) v. Secretary of State for Communities and Local Government (Respondent). The case concerns two issues. First, the extent to which a court can make an adverse costs order in favour of more than one defendant or interested party in a planning case, where permission to apply for statutory or judicial review is refused. Second, how the capping mechanism in the Aarhus Convention costs regime properly applies to cases in which permission is refused.’

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UKSC Blog, 27th January 2021

Source: ukscblog.com

Taking Liberties: A simple guide to DOL – Transparency Project

Posted January 28th, 2021 in care homes, children, detention, families, human rights, local government, news by sally

‘This article is about Deprivation of Liberty involving children.’

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Transparency Project, 27th January 2021

Source: www.transparencyproject.org.uk

Calls to LawCare about anxiety more than double – Legal Futures

Posted January 28th, 2021 in charities, coronavirus, legal profession, mental health, news, statistics by sally

‘Calls from legal professionals about anxiety more than doubled in 2020, the chief executive of welfare charity LawCare has said.’

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Legal Futures, 28th January 2021

Source: www.legalfutures.co.uk

Gurpreet Singh guilty of wife’s murder in Wolverhampton – BBC News

Posted January 28th, 2021 in domestic violence, families, imprisonment, murder, news, sentencing by sally

‘A “callous” husband who pretended his wife had been killed in a burglary has been found guilty of her murder.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

UK plan to build 24,000 homes faces legal challenge – The Guardian

‘A plan to build more than 20,000 homes in rural Oxfordshire, championed by secretary of state for housing Robert Jenrick, is facing a legal challenge from residents who say it is incompatible with the government’s legally binding commitments to tackle the climate emergency.’

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The Guardian, 28th January 2021

Source: www.theguardian.com

Upper Tribunal allows appeal over age assessment that failed to meet procedural safeguards – Local Government Lawyer

Posted January 28th, 2021 in appeals, asylum, children, immigration, local government, news by sally

‘An Upper Tribunal judge has granted an asylum seeker a declaration that he was 15 at the age he entered into the country and when he was assessed by Wirral Metropolitan Borough Council, rather than over 18 and more likely 20 as the local authority concluded.’

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Local Government Lawyer, 28th January 2021

Source: www.localgovernmentlawyer.co.uk

Supreme Court to consider costs orders against regulators – Legal Futures

‘The Supreme Court is to consider whether costs should only be awarded against regulators in unsuccessful cases where there is good reason to make an order, it announced today [27 January].’

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Legal Futures, 27th January 2021

Source: www.legalfutures.co.uk

Liverpool knifeman jailed for ‘terrifying’ train passenger attack – BBC News

‘A knifeman who carried out a “cowardly and terrifying” attack on a visually impaired rail passenger has been jailed.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 28th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Jalla & Ors v Shell International Trading And Shipping Company & Anor [2021] EWCA Civ 63 (27 January 2021)

Croydon London Borough Council v Kalonga [2021] EWCA Civ 77 (27 January 2021)

High Court (Administrative Court)

Malvern Hills District Council v The Secretary of State for Housing, Communities And Local Government & Anor [2021] EWHC 129 (Admin) (27 January 2021)

Court (Chancery Division)

Lifestyle Equities CV & Anor v Amazon UK Services Ld & Ors [2021] EWHC 118 (Ch) (27 January 2021)

Williams & Anor v Simm & Ors [2021] EWHC 121 (Ch) (27 January 2021)

Chana v CC Properties (Yorkshire) Ltd [2021] EWHC 127 (Ch) (27 January 2021)

Cranstoun & Anor v Notta [2021] EWHC 133 (Ch) (27 January 2021)

High Court (Commercial Court)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2021] EWHC 103 (Comm) (27 January 2021)

High Court (Family Division)

Q (A Child) (DOLS: Lack of Secure Placement) [2021] EWHC 123 (Fam) (27 January 2021)

Source: www.bailii.org

A ‘brave new world’ for UK extradition law? – Law Society’s Gazette

Posted January 28th, 2021 in brexit, EC law, extradition, news, warrants by sally

‘Upon our departure from the EU, the UK extradition landscape has changed – although not as much as one might think.’

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Law Society's Gazette, 27th January 2021

Source: www.lawgazette.co.uk

Coronavirus: Boy sentenced for racist street attack – BBC News

‘A 16-year-old boy has been sentenced for racially attacking a Singapore student who was told “we don’t want your coronavirus in our country”.’

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BBC News, 27th January 2021

Source: www.bbc.co.uk

CPS denies major change in rape charging policy despite falling rates – The Guardian

‘The Crown Prosecution Service has denied making major changes to its approach to charging rape, at a landmark legal hearing at the court of appeal.’

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The Guardian, 27th January 2021

Source: www.theguardian.com

Solicitor fined for failing to disclose counsel’s opinions to ATE insurer – Litigation Futures

‘An experienced solicitor who failed to disclose two counsel’s opinions on a case to an after-the-event (ATE) insurer, one of them assessing chances of success at less than 50%, has been fined £8,000.’

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Litigation Futures, 27th January 2021

Source: www.litigationfutures.com

Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach – Nearly Legal

Posted January 27th, 2021 in covenants, forfeiture, landlord & tenant, leases, news, rent by sally

‘On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the decision of HHJ Halliwell (2020) EWHC 407 (Ch).’

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Nearly Legal, 26th January 2021

Source: nearlylegal.co.uk

Coronavirus: Cut jury size to clear courts backlog – Labour – BBC News

Posted January 27th, 2021 in coronavirus, courts, criminal justice, delay, juries, news, political parties by sally

‘Labour is calling for juries to be cut from 12 members to seven, to stem the “gravest crisis” in the justice system since World War Two.’

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BBC News, 26th January 2021

Source: www.bbc.co.uk

UK regulator to write to WhatsApp over Facebook data sharing – The Guardian

Posted January 27th, 2021 in data protection, internet, news, privacy, select committees by sally

‘The UK’s data regulator is writing to WhatsApp to demand that the chat app does not hand user data to Facebook, as millions worldwide continue to sign up for alternatives such as Signal and Telegram to avoid forthcoming changes to its terms of service.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Barrister suspended for “sexual” touching without consent – Legal Futures

Posted January 27th, 2021 in barristers, consent, disciplinary procedures, harassment, news, sexual offences, women by sally

‘A barrister who touched two individuals sexually has been suspended from practice for three months by a Bar disciplinary tribunal.’

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Legal Futures, 26th January 2021

Source: www.legalfutures.co.uk

Lockdown may have played part in rise of domestic child killings, says Met – The Guardian

Posted January 27th, 2021 in child abuse, coronavirus, homicide, London, mental health, news, police by sally

‘The pressures of lockdown may have played a part in a rise in children killed in domestic homicides, Britain’s biggest police force today said.’

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The Guardian, 26th January 2021

Source: www.theguardian.com

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station – Local Government Lawyer

Posted January 27th, 2021 in coronavirus, London, news, penalties, police, regulations by sally

‘A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.’

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Local Government Lawyer, 26th January 2021

Source: www.localgovernmentlawyer.co.uk