BAILII: Recent Decisions

Posted September 15th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

The Secretary of State for the Home Department v Ali [2021] EWCA Civ 1357 (14 September 2021)

High Court (Chancery Division)

Fewings & Anor v Poulter & Ors [2021] EWHC 2455 (Ch) (14 September 2021)

High Court (Commercial Court)

Lakatamia Shipping Company Ltd v Su [2021] EWCA Civ 1355 (15 September 2021)

High Court (Technology and Construction Court)

CC Construction Ltd v Mincione [2021] EWHC 2502 (TCC) (15 September 2021)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 15th, 2021 in legislation by tracey

SI 2021/1034 – The Social Security (Habitual Residence and Past Presence) (Amendment) Regulations 2021

SI 2021/1038 – The Domestic Abuse Act 2021 (Commencement No. 2) Regulations 2021

SI 2021/1039 – The Child Benefit (General) (Amendment) Regulations 2021

SI 2021/1037 – The Employment Tribunals (Constitution and Rules of Procedure) (Early Conciliation: Exemptions and Rules of Procedure) (Amendment) Regulations 2021

SI 2021/1035 – The Immigration and Nationality (Replacement of T2 Sportsperson Route and Fees) (Amendment) Regulations 2021

Source: www.legislation.gov.uk

Will Cutting The Universal Credit Uplift Impact Human Rights? – Each Other

Posted September 15th, 2021 in benefits, coronavirus, government departments, human rights, news by tracey

‘Universal credit claimants are about to lose £20-a-week from their payments, equivalent to £1040 a year. Introduced as a temporary measure at the start of the coronavirus pandemic in 2020, Chancellor Rishi Sunak said the extra payment would stop in October. Removing the uplift, which has helped claimants make ends meet during the pandemic, could infringe on the right to a private life enshrined in Article 8 of the Human Rights Act.’

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Each Other, 15th September 2021

Source: eachother.org.uk

Injunction for re-entry and balance of convenience. – Nearly Legal

Posted September 15th, 2021 in appeals, housing, injunctions, landlord & tenant, mental health, news, repossession by tracey

‘Mahandru v Nielson (2021) EWHC 2297 (QB). An appeal of a County Court decision to refuse an interim injunction for re-entry in a claim for illegal eviction.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Cancelling a debt moratorium – some issues – Nearly Legal

Posted September 15th, 2021 in civil procedure rules, debts, housing, landlord & tenant, mental health, news, repossession by tracey

‘Axnoller Events Ltd v Brake & Anor (mental health crisis moratorium) (2021) EWHC 2308 (Ch). I’m not going into any detail on the background to this judgment. It forms part of what has been by any measure truly epic litigation, which has yet to culminate in a possession trial on one property and an eviction trial on another property (with the parties’ roles reversed). If you have several days to spare, the many and varied previous judgments are worth a read, not least as offering intermittent lessons in how not to litigate. However, this is the first judgment dealing with debt moratoria and applications (or claims) to cancel a moratorium under the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 so it is of considerable interest.’

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Nearly Legal, 12th September 2021

Source: nearlylegal.co.uk

Vernon Bogdanor: Reply to McHarg and Young – UK Constitutional Law Association

Posted September 15th, 2021 in brexit, constitutional law, devolution, human rights, London, news, parliament by tracey

‘Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested. The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the government of London which provided for Britain’s first directly elected mayor.’

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UK Constitutional Law Association, 14th September 2021

Source: ukconstitutionallaw.org

“The most complex Covid patient in the world” – UK Human Rights Blog

Posted September 15th, 2021 in coronavirus, Court of Protection, human rights, medical treatment, news by tracey

‘Cambridge University Foundation NHS v AH and others (by her Litigation Friend and the Official Solicitor). These are the words that Hayden J, Vice President of the Court of Protection, used to describe AH, the applicant in this case. The Official Solicitor identified it as “the most troubling and tragic of cases of this kind” with which she has been involved.’

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UK Human Rights Blog, 13th September 2021

Source: ukhumanrightsblog.com

NDAs “cannot be controlled by professional regulators” – Legal Futures

‘The use of non-disclosure agreements (NDAs) cannot be effectively controlled by professional regulators like the Solicitors Regulation Authority (SRA) and legislation is needed, a law professor and campaigner for tougher restrictions has said.’

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Legal Futures, 15th September 2021

Source: www.legalfutures.co.uk

Watchdog criticises hospital bosses for widespread bullying – The Independent

‘Inspectors have rated the leadership of Nottingham University Hospitals Trust as inadequate after hearing of widespread bullying and staff fearful of raising concerns.’

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The Independent, 15th September 2021

Source: www.independent.co.uk

UK borders bill could criminalise Afghan refugees, UN representative warns – The Guardian

Posted September 15th, 2021 in Afghanistan, asylum, bills, government departments, immigration, news, refugees by tracey

‘The UN’s refugee chief in London has said the introduction of the new nationality and borders bill could criminalise Afghan people who manage to escape the Taliban.’

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The Guardian, 14th September 2021

Source: www.theguardian.com

Chertsey: Zane Gbangbola flood death site ‘to be investigated’ – BBC News

‘Investigations at a former landfill site behind a house where a seven-year-old boy died are to take place as soon as possible, councillors have said.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

Knives in court: Rise in blades found at London family courts – BBC News

Posted September 15th, 2021 in family courts, news, offensive weapons, statistics by tracey

‘The number of large blades brought to London family courtrooms has tripled in a year, official records obtained by the BBC show.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

BMA drops opposition to assisted dying and adopts neutral stance – The Guardian

Posted September 15th, 2021 in assisted suicide, bills, doctors, news, statistics, trade unions by tracey

‘The British Medical Association (BMA) has dropped its opposition to assisted dying and adopted a neutral stance on the issue.’

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The Guardian, 14th September 2021

Source: www.theguardian.com

Gleision: Call for inquest into mining disaster 10 years on – BBC News

Posted September 15th, 2021 in bereavement, families, health & safety, inquests, miners, news by tracey

‘The families of four miners who died in a south Wales colliery disaster 10 years ago are calling for an inquest.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk