High Court rejects client’s bid to judicially review Legal Ombudsman decision – Legal Futures

Posted June 21st, 2021 in compensation, judicial review, law firms, legal ombudsman, news by tracey

‘The High Court has rejected a client’s application for permission to judicially review an award made in his favour by the Legal Ombudsman (LeO) that he claimed was insufficient.’

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Legal Futures, 18th June 2021

Source: www.legalfutures.co.uk

Leasehold high-rise flats: who pays for fire safety work? – House of Commons Library

Posted June 21st, 2021 in building law, fire, health & safety, housing, landlord & tenant, news by tracey

‘This briefing paper considers the debate about who is responsible for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire.’

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House of Commons Library, 20th June 2021

Source: commonslibrary.parliament.uk

Supreme Court clarifies duty test in Grant Thornton ruling – Law Society’s Gazette

‘The Supreme Court has backed a building society’s claim against its former auditor, in a ruling that provides a “more generous” test for the duty of care owed by professional advisers.’

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Law Society's Gazette, 18th June 2021

Source: www.lawgazette.co.uk

News focus: Exhibiting the law’s ‘crown jewels’ – Law Society’s Gazette

Posted June 21st, 2021 in internet, judgments, lord chancellor, Ministry of Justice, news by tracey

‘As the National Archives takes on BAILII’s role of creating an online hub for court judgments, doubts persist about how to showcase common law rulings in a machine-friendly and comprehensive way.’

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Law Society's Gazette, 21st June 2021

Source: www.lawgazette.co.uk

One third of convicted sex offenders across England and Wales avoid prison – The Guardian

‘Ministers are facing demands to explain why thousands of convicted sexual offenders across England and Wales have avoided prison. An Observer investigation found that adults convicted of sexually assaulting children under 13, or of engaging in sexual activity with underage teenagers, are among those who have not been jailed.’

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The Guardian, 19th June 2021

Source: www.theguardian.com

Colin Pitchfork: Minister considers intervening over decision to release child killer – The Independent

Posted June 21st, 2021 in children, DNA, forensic science, lord chancellor, murder, news, parole by tracey

‘The Justice Secretary is considering intervening over the decision to approve the release of child killer Colin Pitchfork.’

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The Independent, 21st June 2021

Source: www.independent.co.uk

Oil firm led by Tory donor investigated over alleged bribes in nine countries – The Guardian

Posted June 21st, 2021 in bribery, corruption, energy, miners, news, political parties, Serious Fraud Office by tracey

‘A multinational oil firm which was led by a major Conservative donor has been under investigation for allegedly paying million-pound bribes to secure contracts in nine countries. The anti-corruption agency the Serious Fraud Office (SFO) has been examining allegedly suspicious payments made by the UK-based firm Petrofac.’

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The Guardian, 20th June 2021

Source: www.theguardian.com

Citizens of somewhere: ‘Zambrano’ carers and the EU Settlement Scheme – Doughty Street Chambers

‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’

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Doughty Street Chambers, 14th June 2021

Source: insights.doughtystreet.co.uk

Jamie King loses damages bid over Dunkirk role after son’s death – BBC News

‘Actor Jamie King has lost a High Court bid against an NHS trust after claiming he lost work, including a role in the film Dunkirk, after his son died.’

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BBC News, 17th June 2021

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 18th, 2021 in legislation by tracey

The Care and Support (Charging and Assessment of Resources) (Amendment) Regulations 2021

The United Kingdom Internal Market Act 2020 (Commencement No. 2) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 18th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Royal Opera House Covent Garden Foundation v Commissioners for Her Majesty’s Revenue and Customs [2021] EWCA Civ 910 (17 June 2021)

High Court (Administrative Court)

Danning, R (On the Application Of) v Sedgemoor District Council [2021] EWHC 1649 (Admin) (17 June 2021)

High Court (Chancery Division)

London Partners Capital Management LLP v Utkan & Anor [2021] EWHC 1647 (Ch) (16 June 2021)

High Court (Commercial Court)

Parsadoust v Hanging Gardens Ltd [2021] EWHC 1594 (Comm) (17 June 2021)

High Court (Patents Court)

Add2 Research And Development Ltd v dSPACE Digital Signal Processing & Control Engineering GMBH & Anor [2021] EWHC 1630 (Pat) (17 June 2021)

High Court (Queen’s Bench Division)

Webb v Jones [2021] EWHC 1618 (QB) (17 June 2021)

Source: www.bailii.org

Religious circumcision in the courts again: P – Law & Religion UK

‘In P (Circumcision: Child in Care) [2021] EWHC 1616 (Fam), a boy aged 21 months, P, was subject to an interim care order in favour of X Local Authority. P’s mother, supported by P’s father, who were Muslim, sought the court’s authorisation to have P circumcised [2 & 3]. P had lived all his life with relatives, Mr and Mrs R, who were likely soon to become his permanent carers under a Special Guardianship Order [1]: they were not Muslims but had agreed that they would care for P throughout his life and would respect his Muslim heritage [7]. P also had an older brother and an older half-brother who lived with other relatives (not Mr and Mrs R), also under a Special Guardianship Order [5]’

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Law & Religion UK, 16th June 2021

Source: lawandreligionuk.com

No preference is a reasonable preference – R (Mallon Montero) v London Borough of Lewisham – Local Government Lawyer

Posted June 18th, 2021 in housing, local government, news, statutory duty by tracey

‘A High Court judge has upheld the disqualification of housing applicants owed the reasonable preference duty on the basis of lack of local residence. Matt Hutchings QC analyses the ruling.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

Investigation of organisations using live facial recognition technology in public spaces found none compliant with data protection law: ICO – Local Government Lawyer

Posted June 18th, 2021 in data protection, facial mapping, local government, news, ombudsmen, privacy by tracey

‘An investigation by the Information Commissioner’s Office (ICO) published today (17 June) found that out of a group of organisations using live facial recognition (LFR) technology in public spaces, none were fully compliant with data protection law requirements.’

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Local Government Lawyer, 18th June 2021

Source: www.localgovernmentlawyer.co.uk

Drill music as bad character evidence – 6KBW College Hill

‘The past decade has seen the emergence of ‘drill music’ content increasingly used by the prosecution in criminal trials involving young, black, male defendants accused of gang-related offences.’

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6KBW College Hill, 13th June 2021

Source: blog.6kbw.com

Medical agency admin fee “not recoverable” as part of fixed costs – Litigation Futures

‘Defendant solicitors have welcomed a ruling that medical agency costs are irrecoverable under the fixed-costs regime.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

Gambling Operating Licences – 11KBW

Posted June 18th, 2021 in appeals, chambers articles, gambling, licensing, news, tribunals by sally

‘In a wide-ranging decision, the First Tier Tribunal has brought clarity to several aspects of regulatory practice associated with gambling operating licences.’

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11KBW, 8th June 2021

Source: www.11kbw.com

Binding arbitration to settle Covid commercial rent disputes – Litigation Futures

‘The government is to introduce mandatory, binding arbitration to settle disputes between landlords and businesses struggling to pay their rent because of the pandemic.’

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Litigation Futures, 17th June 2021

Source: www.litigationfutures.com

New Assault on Emergency Workers Guidelines – Broadway House Chambers

Posted June 18th, 2021 in assault, chambers articles, emergency services, news, sentencing by sally

‘Last week, the Sentencing Council published revised sentencing guidelines for assault offences and new guidance for assaults on Emergency Workers. The updated guidelines come into effect from 1st July 2021 and apply to all adult offenders.’

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Broadway House Chambers, 2nd June 2021

Source: broadwayhouse.co.uk

Family Arbitration: the outlook after Haley – Family Law

‘The recent decision of the Court of Appeal in Haley v Haley [2020] EWCA Civ 1369 (case report at [2021] Fam Law 37) settled an important issue for family arbitration. It established that contested awards in the area of financial remedy could be reviewed by the Family Court by a process akin to an appeal against decisions made in court proceedings, and on the same basis as such an appeal: that the decision is “wrong”. This article assesses the significance of the decision by looking at its background and context. It sets out our understanding of the procedural implications. Finally, it identifies remaining areas of uncertainty and offers some views as to how they might be resolved.’

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Family Law, 17th June 2021

Source: www.familylaw.co.uk