Recent Statutory Instruments –

Posted February 9th, 2021 in legislation by tracey

The Protection of Trading Interests (Authorisation) Regulations 2021

The Loans for Mortgage Interest (Amendment) Regulations 2021

The Education (Student Fees, Awards and Support) (Amendment) Regulations 2021

The Prosecution of Offences Act 1985 (Specified Proceedings) (Coronavirus) (Amendment) Order 2021

The Communications (Television Licensing) (Amendment) Regulations 2021


BAILII: Recent Decisions

Posted February 9th, 2021 in law reports by tracey

Court of Appeal (Criminal Division)

White v Crown Prosecution Service [2021] EWCA Crim 141 (08 February 2021)

High Court (Chancery Division)

Dalkilic & Anor v Pekin & Anor [2021] EWHC 219 (Ch) (8 February 2021)

Lyle & Anor v Bedborough & Anor (Rev 1) [2021] EWHC 220 (Ch) (08 February 2021)

Walayat & Ors v Berkeley Solicitors Ltd [2021] EWHC 227 (Ch) (08 February 2021)

High Court (Family Division)

NB v MI [2021] EWHC 224 (Fam) (08 February 2021)


Administrator appointment not void despite notice failure –

Posted February 9th, 2021 in administrators, floating charges, insolvency, news, notification by tracey

‘A secured creditor’s appointment of an administrator was not void despite the fact it failed to notify its intention to make the appointment to another secured creditor whose security was in place first, the High Court has ruled.’

Full Story, 8th February 2021


Universal Credit childcare payment system indirectly discriminates against women – UK Human Rights Blog

Posted February 9th, 2021 in benefits, human rights, judicial review, news, sex discrimination, women by tracey

‘R (Salvato) v Secretary of State for Work and Pensions [2021] EWHC 102 (Admin). Ms Salvato is one such lone mother, who brought judicial review proceedings claiming that the differential method for reimbursing childcare costs constituted indirect discrimination against women contrary to Article 14 (read with Article 8 and/or Article 1 Protocol 1) ECHR and was irrational at common law. The Administrative Court agreed on both grounds.’

Full Story

UK Human Rights Blog, 8th February 2021


25% uplift is usual for outdated guideline rates, says judge – Litigation Futures

Posted February 9th, 2021 in fees, indexation, inflation, news, solicitors by tracey

‘The conventional approach in relation to the guideline hourly rates (GHR) is to uplift them by about 25% to reflect the effects of inflation since they were set in 2010, a High Court judge has said. He refused without more evidence to reduce the impact of inflation by commercial pressures on solicitors to keep their fees lower.’

Full Story

Litigation Futures, 9th February 2021


Privilege waived in litigation between law firms – Legal Futures

Posted February 9th, 2021 in enfranchisement, law firms, legal profession, negligence, news, privilege by tracey

‘The High Court has ruled that legal professional privilege was waived by the liquidators of a company when they released a set of documents to a litigant to help her sue her law firm for negligence.’

Full Story

Legal Futures, 9th February 2021


COVID-19 vaccination: capacity and best interests – the first reported Court of Protection judgement – Family Law

‘On 20 January 2021 in the matter of Re E (Vaccine) [2021] EWCOP 7, the Vice-President of the Court of Protection Mr Justice Hayden, delivered the first reported judgement in a vaccination dispute. Mrs E, the 80 year old dementia sufferer at the centre of the dispute (and who had been diagnosed with schizophrenia some 20 years ago), was living in a care home where there had been several cases of COVID-19. On 8 January 2021, the London Borough of Hammersmith and Fulham informed Mrs E’s Accredited Legal Representative that she was to be offered a COVID-19 injection on 11 January, however her son, Mr W, objected to this. Due to the risk of Mrs E succumbing to COVID-19, her legal representatives urgently sought a declaration, pursuant to s.15 of the Mental Capacity Act 2005 (“MCA 2005”), that it would be lawful and in her best interests to receive the vaccine at the next possible date (the appointment on 11 January having been missed due to the son’s objection).’

Full Story

Family Law, 3rd February 2021


UK’s youngest terror offender walks free from court after recruiting for neo-Nazi group – The Independent

Posted February 9th, 2021 in news, rehabilitation, sentencing, terrorism, young offenders by tracey

‘The UK’s youngest known terror offender has walked free from court after recruiting members for a neo-Nazi group.’

Full Story

The Independent, 8th February 2021


Home Office admits 15,000 people deleted from police records – The Guardian

Posted February 9th, 2021 in criminal records, DNA, fingerprints, government departments, news, police by tracey

‘A blunder led to the records of more than 15,000 people being deleted in their entirety from the Police National Computer, the Home Office has admitted. News of the data loss emerged last month, but on Monday the government put numbers on what had been erased.’

Full Story

The Guardian, 8th February 2021


Rise in child abuse online threatens to overwhelm UK police, officers warn – The Guardian

‘The vast, and growing, volume of child abuse material being created and shared online is threatening to overwhelm police efforts to tackle it, senior officers have told the Guardian. And the situation is likely to worsen, National Crime Agency (NCA) child abuse lead Rob Jones warned, if social media sites such as Facebook press ahead with further encryption of messaging services.’

Full Story

The Guardian, 9th February 2021


Victims of crimes ‘re-traumatised’ by system – BBC News

Posted February 9th, 2021 in bills, codes of practice, crime, criminal justice, families, news, victims by tracey

‘When Tracey Hanson’s son, Josh, was stabbed to death in an unprovoked attack in 2015, it was the start of a tough journey through the criminal justice system. She said she was “passed from pillar to post” throughout and the impact stays with her today. Experiences like hers – and others who have been victims of crime – is driving a fresh call from Labour for a “Victims’ Law” to strengthen their rights.’

Full Story

BBC News, 8th February 2021


Requirement for all parole hearings to be held in private to be relaxed – Ministry of Justice

Posted February 9th, 2021 in parole, press releases, privacy, private hearings, victims by tracey

‘The rule which currently requires all parole hearings to be held in private will be relaxed as part of the government’s efforts to increase public confidence in the process.’

Full press release

Ministry of Justice, 8th February 2021