Council secures “first of its kind” High Court injunction against residents to stop them living in unsafe house in multiple occupation – Local Government Lawyer

Posted May 19th, 2021 in health & safety, housing, injunctions, local government, news by sally

‘Thurrock Council has been granted an interim injunction by the High Court to prevent two residents living in an unsafe House in Multiple Occupation (HMO).’

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Local Government Lawyer, 18th May 2021


Home Office ordered to move torture victim out of ‘prison-like’ hotel – The Guardian

‘A judge in the high court has ordered the Home Office to move a torture and trafficking victim out of a “prison-like” hotel surrounded by an 8ft wall.’

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The Guardian, 18th May 2021


Max Taylor: The Dissolution and Calling of Parliament Bill: Missed Opportunities – UK Constitutional Law Association

Posted May 19th, 2021 in bills, constitutional law, news, parliament, prorogation by sally

‘The newly introduced Dissolution and Calling of Parliament Bill (“the Bill”) – like the Draft Fixed-term Parliaments Act (Repeal) Bill which preceded it – is a missed opportunity. It has failed to unify and define the scope and exercise of the powers of proroguing and dissolving Parliament, in one statute, which were in need of clarification post-Miller II. Now that the Government has decided on the form which it would like the Bill repealing the Fixed-term Parliaments Act to take, the moment has gone and, as a niche of constitutional law, it is unlikely to garner enough political capital for these issues to be deemed worth addressing for the meantime.’

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UK Constitutional Law Association, 18th May 2021


Former UK police officer convicted of assault barred from rejoining – The Guardian

‘A former police officer who assaulted a woman in the street as she walked home has been placed on a register barring him from rejoining the service.’

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The Guardian, 18th May 2021


Disclosure pilot scheme still unfit for purpose, most lawyers say – Litigation Futures

Posted May 19th, 2021 in disclosure, news, pilot schemes, solicitors, statistics by sally

‘Seven in 10 lawyers consider the disclosure pilot scheme unfit for purpose, with many believing it has exacerbated the adversarial environment, new research has found.’

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Litigation Futures, 19th May 2021


Case Preview: R (Majera) (formerly SM (Rwanda)) v Secretary of State for the Home Department – UKSC Blog

‘On 10 May 2021, the Supreme Court heard the appeal in R (Majera) (formerly SM (Rwanda)) v Secretary of State for the Home Department (“SSHD”). The question on appeal is whether a defective order granting immigration bail has legal effect.’

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UKSC Blog, 18th May 2021


Mental health tests in the presence of counter-terror units ‘unethical’, says charity – The Guardian

‘Mental health assessments are being conducted in the presence of police in little-known hubs that embed nurses and psychologists with counter-terrorism units, raising “serious ethical concerns”, a medical charity has said.’

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The Guardian, 19th May 2021


Councils could be owed “hundreds of millions of pounds” in business rates following Supreme Court ruling – Local Government Lawyer

Posted May 19th, 2021 in appeals, leases, local government, news, rates, statutory interpretation by sally

‘Local authorities could be in line for hundreds of millions of pounds in business rates following last week’s landmark Supreme Court ruling, the solicitor who acted for the appellant councils has claimed.’

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Local Government Lawyer, 17th May 2021


Recent Statutory Instruments –

Posted May 19th, 2021 in legislation by tracey

The Export Control (Amendment) Order 2021

The Valuation Tribunal for England (Council Tax and Rating Appeals) (Procedure) (Amendment) Regulations 2021

The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) Regulations 2021

The Civil Proceedings Fees (Amendment) Order 2021


Misdiagnosis case update – Transparency Project

‘The purpose of this judgment is to approve and formalise the local authority’s decision to withdraw its application for care orders, following receipt of medical evidence that the baby did not suffer any non-accidental injury. As the judge points out, the local authority acted correctly in taking proceedings when it did, on the basis of earlier medical evidence (now known to be mistaken), and has also acted correctly in asking the court to agree to end the proceedings on the basis of the new, more specialist, evidence.’

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Transparency Project, 18th May 2021


Ex-prosecutor Nazir Afzal to lead Catholic Church child abuse body – BBC News

‘The former chief crown prosecutor in the Rochdale grooming gang cases has been appointed as the chairman of the Catholic Church’s new safeguarding body in England and Wales.’

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BBC News, 18th May 2021


Anger as Patel delays publication of report into private detective’s murder – The Guardian

‘The home secretary has ordered that an independent report on claims murderers were shielded by police corruption and claims of corruption in Rupert Murdoch’s media empire must be vetted by her department before its publication.’

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The Guardian, 18th May 2021


BAILII: Recent Decisions

Posted May 19th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Septo Trading Inc v Tintrade Ltd [2021] EWCA Civ 718 (18 May 2021)

Elliott v Hattens Solicitors (a firm) [2021] EWCA Civ 720 (18 May 2021)

Court of Appeal (Criminal Division)

Riley, R. v [2021] EWCA Crim 727 (17 May 2021)

High Court (Administrative Court)

Ferguson, R (On the Application Of) v Police Medical Appeal Board [2021] EWHC 1292 (Admin) (18 May 2021)

Kinsey, R (On the Application Of) v London Borough Of Lewisham [2021] EWHC 1286 (Admin) (18 May 2021)

Al-Awa v District Court In Ostrava, Czech Republic [2021] EWHC 1297 (Admin) (18 May 2021)

Star Pubs & Bars Ltd v Pubs Code Adjudicator [2021] EWHC 1291 (Admin) (17 May 2021)

High Court (Chancery Division)

State Bank Of India & Ors v Mallya (2) [2021] EWHC 1312 (Ch) (18 May 2021)

Tribe v Elborne Mitchell LLP (Costs) [2021] EWHC 1252 (Ch) (18 May 2021)

BWT Aktiengesellschaft v Force India Formula One Team Ltd & Anor [2021] EWHC 1314 (Ch) (18 May 2021)

Johal & Anor v Johal [2021] EWHC 1315 (Ch) (18 May 2021)

Jaffer v Jaffer [2021] EWHC 1329 (Ch) (18 May 2021)

Carraway Guildford (Nominee A) Ltd & Ors v Regis UK Ltd & Ors [2021] EWHC 1294 (Ch) (17 May 2021)

Axnoller Events Ltd v Brake & Anor (Rev 1) [2021] EWHC 1282 (Ch) (17 May 2021)

Cardium Law Ltd v Kew Holdings Ltd [2021] EWHC 1299 (Ch) (17 May 2021)

High Court (Commercial Court)

The Serious Fraud Office & Anor v Hotel Portfolio II UK Ltd [2021] EWHC 1273 (Comm) (18 May 2021)

Jones v Zurich Insurance Plc [2021] EWHC 1320 (Comm) (18 May 2021)

The Serious Fraud Office & Anor v Litigation Capital Ltd & Ors [2021] EWHC 1272 (Comm) (18 May 2021)

Apache UK Investment Ltd v Esso Exploration and Production UK Ltd [2021] EWHC 1283 (Comm) (17 May 2021)

High Court (Family Division)

XM v XF [2021] EWHC 1279 (Fam) (13 May 2021)

High Court (Patents Court)

Godo Kaisha IP Bridge 1 v Huawei Technologies Co. Ltd & Ors [2021] EWHC 1261 (Pat) (14 May 2021)

High Court (Queen’s Bench Division)

Long v Elegant Resorts Ltd [2021] EWHC 1330 (QB) (18 May 2021)

Winch & Ors, (Persons Formerly Known As) (Contra Mundum Injunction) [2021] EWHC 1328 (QB) (18 May 2021)

Varano v Air Canada [2021] EWHC 1336 (QB) (17 May 2021)