Statutory Instruments –

Posted October 12th, 2021 in legislation by tracey

SI 2021/1130 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 14) Regulations 2021

SI 2021/1124 – The Non-Maintained Special Schools (England) and Independent School Standards (Amendment) Regulations 2021

SI 2021/1132 – The Jobseeker’s Allowance and Employment and Support Allowance (Amendment) Regulations 2021

SI 2021/1127 – The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2021

SI 2021/1125 – The Civil Enforcement of Parking Contraventions Designation Order 2021

SI 2021/1122 – The Local Government (Assistants for Political Groups) (Remuneration) (England) Order 2021

SI 2021/1110 – The Radiation Emergency and Consultation Regulations 2021

SI 2021/1129 – The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2021

SI 2021/1128 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2021


BAILII: Recent Decisions

Posted October 12th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

MA (Iraq) & Anor v Secretary of State for the Home Department [2021] EWCA Civ 1467 (11 October 2021)

BAA & Anor, R (on the application of) v Secretary of State for the Home Department [2021] EWCA Civ 1428 (08 October 2021)

Pantellerisco & Ors v The Secretary of State for Work And Pensions (Rev2) [2021] EWCA Civ 1454 (08 October 2021)

Court of Appeal (Criminal Division)

O’Bryan, R. v (Rev1) [2021] EWCA Crim 1472 (11 October 2021)

High Court (Administrative Court)

Ali v Solicitors Regulation Authority Limited [2021] EWHC 2709 (Admin) (11 October 2021)

EFW Group Ltd v Secretary of State for Business, Energy And Industrial Strategy [2021] EWHC 2697 (Admin) (08 October 2021)

High Court (Chancery Division)

Brake & Ors v Chedington Court Estate Ltd (Transcript costs) [2021] EWHC 2700 (Ch) (08 October 2021)

High Court (Commercial Court)

Ure Energy Ltd v Notting Hill Genesis [2021] EWHC 2695 (Comm) (08 October 2021)

Quartz Assets LLC & Anor v Kestrel Coal Midco Pty Ltd [2021] EWHC 2675 (Comm) (08 October 2021)

Lakatamia Shipping Co Ltd v Su & Ors [2021] EWHC 2702 (Comm) (08 October 2021)

NWA & Anor v NVF & Ors [2021] EWHC 2666 (Comm) (08 October 2021)

High Court (Family Division)

A Borough Council v E & Ors (No. 2) (Refusal of Secure Accommodation Order) [2021] EWHC 2699 (Fam) (11 October 2021)

High Court (Patents Court)

Teva Pharmaceutical Industries Ltd & Anor v Ayer Healthcare LLC [2021] EWHC 2690 (Pat) (08 October 2021)

Optis Cellular Technology Inc & Anor v Apple Retail UK Ltd & Ors [2021] EWHC 2694 (Pat) (05 October 2021)

High Court (Queen’s Bench Division)

Prior & Ors v The Commissioner of Police of the Metropolis [2021] EWHC 2672 (QB) (08 October 2021)

Wright v McCormack [2021] EWHC 2671 (QB) (08 October 2021)


Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness – UK Constitutional Law Association

Posted October 12th, 2021 in Administrative Court, bills, compensation, damages, judicial review, news by sally

‘The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to give proper consideration to compensation for unlawful government acts. This has been less discussed than the discretion over the temporal effect of quashing orders.’

Full Story

UK Constitutional Law Association, 12th October 2021


Homelessness – renewed applications and overlooked facts – Nearly Legal

‘This was a judicial review of Westminster’s refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision that she was intentionally homeless, and a rejection of a second application.’

Full Story

Nearly Legal, 10th October 2021


Courts and tribunals to upgrade video technology, Burnett says – Legal Futures

Posted October 12th, 2021 in civil justice, courts, lists, news, remote hearings, tribunals by sally

‘A new Video Hearings Service (VHS), upgrading the Cloud Video Platform (CVP) used during Covid, is to be rolled out across courts and tribunals, the Lord Chief Justice has revealed.’

Full Story

Legal Futures, 11th October 2021


Uber Faces Legal Action Over ‘Racist’ Facial Recognition Software – Each Other

‘Uber is facing legal action following revelations that its facial recognition algorithm is five times more likely to cause the termination of darker-skinned workers.’

Full Story

Each Other, 11th October 2021


Rent Repayment Orders – not ALL the rent – Nearly Legal

Posted October 12th, 2021 in houses in multiple occupation, landlord & tenant, licensing, news, rent, repayment by sally

‘The RRO application was by the six former tenants of an unlicensed HMO. Conditions at the property had also meant they asked the local authority EHO to inspect, which resulted in (a) the tenants being informed the property was not licensed, (b) a “Preliminary Improvement Notice” listing a number of defects to be remedied, including two category 1 HHSRS hazards (fire safety and excessive cold), and Cc) a finding that one of the bedrooms was too small for the licensing scheme. (The landlord, self described as a “professional landlord” with a “modest portfolio” of properties, did apply for a licence in February 2020, shortly before the tenants left in March 2020, but the application was rejected on the room size and the lack of remedial works).’

Full Story

Nearly Legal, 11th October 2021


Are asylum suicides an unfolding national tragedy? – BBC News

Posted October 12th, 2021 in asylum, mental health, news, suicide, young persons by sally

‘After fleeing his native Eritrea as a child and living for years as a refugee, Henok Zaid Gebrsslasie hoped to make a life for himself in the UK. Aged 23, he was found dead at a mental health facility in Coventry, West Midlands, and is thought to have taken his own life. His death is one of a growing number among young asylum seekers which a charity said could just be the “tip of the iceberg”.’

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BBC News, 11th October 2021


Treating children for gender dysphoria: Bell v Tavistock & Portman NHS Trust – Law & Religion UK

‘Bell & Anor v The Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363 has little, ostensibly, to do with “religion”, but relates to an issue which some would feel had moral and social dimensions – the treatment of children for gender dysphoria, defined by the Court of Appeal as “a complex condition that occurs in both children and adults. It involves, in the simplest terms, a strong desire to be and to be treated as being of the gender other than their natal sex at birth. Those diagnosed with it suffer associated significant distress or impairment in function. A range of clinical interventions may be prescribed”.’

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Law & Religion UK, 11th October 2021


Two people sentenced for running unregistered school in London – The Guardian

Posted October 12th, 2021 in education, news, recidivists, sentencing, suspended sentences by sally

‘A headteacher and her father have been sentenced for the second time for running an illegal unregistered school in south London after a crackdown by the schools watchdog Ofsted.’

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The Guardian, 11th October 2021


High Court rejects appeal from sham marriages solicitor – Legal Futures

Posted October 12th, 2021 in appeals, disciplinary procedures, marriage, news, sham transactions, solicitors by sally

‘The High Court has rejected an appeal from a solicitor struck off twice by the Solicitors Disciplinary Tribunal (SDT) after being recorded by an undercover TV reporter giving advice on what he knew was a sham marriage.’

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Legal Futures, 12th October 2021


Tinder and Instagram predator jailed for rape and sexual assault – BBC News

Posted October 12th, 2021 in assault, child abuse, internet, news, rape, sentencing, sexual grooming by sally

‘A man who raped and sexually exploited young women and teenage girls he met online has been jailed for seven years.’

Full Story

BBC News, 11th October 2021


UK journalist wins £80k damages after being hired ‘to smear’ UAE and Egypt critics – The Guardian

Posted October 12th, 2021 in damages, fraud, media, misrepresentation, negligence, news by sally

‘A journalist has been awarded more than £80,000 in damages against a London-based investigative website and its CEO – a press freedom campaigner – after claiming she was duped into joining the organisation only to find out it was a propaganda vehicle for the UAE and Egypt.’

Full Story

The Guardian, 11th October 2021