Recent Statutory Instruments – legislation.gov.uk

Posted June 25th, 2021 in legislation by tracey

The Common Organisation of the Markets in Agricultural Products (Fruit and Vegetable Producer Organisations, Tariff Quotas and Wine) (Amendment etc.) Regulations 2021

The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2021

The Business Tenancies (Protection from Forfeiture: Relevant Period) (Coronavirus) (England) (No. 2) Regulations 2021

The Air Traffic Management and Unmanned Aircraft Act 2021 (Commencement No. 1) Regulations 2021

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors: Code of Practice) Order 2021

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 25th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

The Independent Workers Union of Great Britain v The Central Arbitration Committee [2021] EWCA Civ 952 (24 June 2021)

NA (Bangladesh) & Ors v Secretary of State for the Home Department [2021] EWCA Civ 953 (24 June 2021)

High Court (Administrative Court)

Costea, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1685 (Admin) (24 June 2021)

Singh, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 1698 (Admin) (24 June 2021)

High Court (Chancery Division)

Goldtrail Travel Ltd (In Liquidation) v Grumbridge [2021] EWHC 1713 (Ch) (24 June 2021)

High Court (Commercial Court)

Khouj v Acropolis Capital Partners Ltd & Anor [2021] EWHC 1667 (Comm) (24 June 2021)

JR & B Farming Limited v Hewitt [2021] EWHC 1704 (Comm) (24 June 2021)

High Court (Technology and Construction Court)

Schenker (Thai) Ltd v Shell Company of Thailand Ltd [2021] EWHC 1730 (TCC) (24 June 2021)

Source: www.bailii.org

R (Morahan) v HM Coroner for West London [2021] EWHC 1603 (Admin) – Inquests and Inquiries Law Blog

Posted June 25th, 2021 in coroners, human rights, inquests, mental health, news, suicide by tracey

‘In this article, Ed Ramsay discusses the recent case of Morahan, which deals with the issue of when the enhanced investigative duty under Article 2 of the ECHR will be automatically engaged in an inquest.’

Full Story

Inquests and Inquiries Law Blog, 22nd June 2021

Source: inquestsandinquirieslawblog.com

Interpretation of alleged inconsistencies between bespoke terms and standard forms – Practical Law: Construction Blog

Posted June 25th, 2021 in appeals, construction industry, contracts, interpretation, news by tracey

‘Last month, the Court of Appeal handed down its judgment in Septo Trading Inc v Tintrade Ltd. While the case does not change the law, it provides a helpful outline as to the approach to be taken to interpreting alleged inconsistencies between bespoke terms and the terms of standard forms within a given contract. The case will be of general interest to practitioners, in particular those whose practice incorporates construction or shipping work, where standard forms are commonplace.’

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Practical Law: Construction Blog, 24th June 2021

Source: constructionblog.practicallaw.com

Supreme Court Revisits Wrongful Birth Claims: an extended look — Robert Kellar QC and Owain Thomas QC – UK Human Rights Blog

‘In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled child who would not have been born but for a doctor’s negligent medical advice/treatment. However, the judgment has implications beyond the world of clinical negligence litigation. The Supreme Court has taken the opportunity to clarify the components or ingredients of the tort negligence more generally. In particular, the Court has affirmed the importance of the “scope of duty” principle: a principle which limits the recoverability of damages wherever it applies. In particular, it is not sufficient for a claimant to establish that – with competent advice – they would have made a different decision about their treatment or care. They must also demonstrate that the particular harm that they have suffered fell within the scope of the defendant’s duty of care.’

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UK Human Rights Blog, 24th June 2021

Source: ukhumanrightsblog.com

Court of Protection case update – Local Government Update

‘Aaqib Javed and Holly Littlewood review the latest cases of interest to Court of Protection practitioners.’

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Local Government Update, 25th June 2021

Source: www.localgovernmentlawyer.co.uk

Renewal of taxi drivers’ licences – Local Government Lawyer

‘Gerald Gouriet QC looks at the issues that arise with the late renewal of taxi drivers’ licences.’

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Local Government Lawyer, 25th June 2021

Source: www.localgovernmentlawyer.co.uk

Anti-money laundering expert convicted of siphoning criminal money abroad – Crown Prosecution Service

Posted June 25th, 2021 in Crown Prosecution Service, fraud, money laundering, news by tracey

‘The former chairman of a UK group that represents the payment services industry has been convicted today (23 June 2021) of laundering the proceeds of an investment fraud worth £850,000 and involving more than 60 victims.’

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Crown Prosecution Service, 25th June 2021

Source: www.cps.gov.uk

Judge refuses plea from litigant in person for free hard copy bundle – Law Society’s Gazette

‘The High Court has ruled out giving a litigant in person a free hard copy of the bundle prepared for two forthcoming trials, with the judge noting that parties do not necessarily need to have equal resources.’

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Law Society's Gazette, 24th June 2021

Source: www.lawgazette.co.uk

‘Have confidence to speak up’: whistleblowing policy for judges unveiled – Law Society’s Gazette

Posted June 25th, 2021 in codes of practice, judges, judiciary, news, whistleblowers by tracey

‘The lord chief justice and senior president of tribunals want all judges to feel confident to speak up about any wrongdoing, according to a new whistleblowing policy unveiled this week. The 12-page Judicial Whistleblowing Policy: How to report wrongdoing document was published on the judicial intranet on Wednesday.’

Full Story

Law Society's Gazette, 25th June 2021

Source: www.lawgazette.co.uk

NHS worker shot with stun gun in front of son to sue police after IOPC verdict – The Guardian

Posted June 25th, 2021 in children, damages, families, firearms, news, ombudsmen, police, professional conduct by tracey

‘A black NHS worker who was shot with a stun gun seven times in front of his child by Greater Manchester police officers is to push ahead with a damages claim against the force, lawyers have said.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Crown court backlog hits record high of 60,000 cases as victims wait years for justice – The Independent

‘The backlog of crown court cases in England and Wales has hit a record number of almost 60,000 as waiting times rocket for victims and defendants.’

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The Independent, 24th June 2021

Source: www.independent.co.uk

UK introducing three laws that threaten human rights, says UN expert – The Guardian

‘Boris Johnson’s government is introducing three pieces of legislation that will make human rights violations more likely to occur and less likely to be sanctioned even as averting climate catastrophe depends on these rights, the UN special rapporteur for human rights and the environment has said.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Child sex abuse victims ‘accused of lying by police’, inquiry finds – The Independent

‘Police officers often accuse young victims of child sexual abuse of lying when they try to report crimes, a report has found.’

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The Independent, 24th June 2021

Source: www.independent.co.uk

Public inquiry into Covid must begin now, says senior judge – The Guardian

‘A public inquiry into Covid should be launched immediately, a senior retired judge has said with a warning that if it does not report back for four or five years “it ceases to form a useful function”.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Dalian Atkinson: jury discharged after failing to reach verdict on second PC – The Guardian

Posted June 25th, 2021 in assault, homicide, juries, news, police, prosecutions, sport, unlawful killing by tracey

‘A jury has been discharged following its failure to reach a verdict on allegations that a police officer assaulted the former footballer Dalian Atkinson with a baton after he was felled by a stun gun on the night he died.’

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The Guardian, 24th June 2021

Source: www.theguardian.com

Watchdog takes aim at Google and Amazon over fake reviews – Daily Telegraph

Posted June 25th, 2021 in consumer protection, deceit, internet, news, ombudsmen by tracey

‘Competition officials are to examine whether people and businesses have been able to post fake reviews online with too much impunity. The Competition and Markets Authority has opened a formal investigation into whether Amazon and Google have done enough to crack down on the practice.’

Full Story

Daily Telegraph, 25th June 2021

Source: www.telegraph.co.uk