CoA overturns ruling in sex-worker visit case – Law Society’s Gazette

‘Carers would be at risk of committing a criminal offence if they helped an autistic man visit a sex worker, the Court of Appeal has ruled, overturning what had been seen as a landmark ruling for people with learning disabilities and mental disorders.’

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Law Society's Gazette, 25th October 2021


New Acts –

Posted October 26th, 2021 in compensation, fraud, health, legislation, national insurance by tracey

2021 c. 29 – Compensation (London Capital & Finance plc and Fraud Compensation Fund) Act 2021

2021 c. 28 – Health and Social Care Levy Act 2021


Statutory Instruments –

Posted October 26th, 2021 in legislation by tracey

SI 2021/1173 – The Financial Services Act 2021 (Commencement No. 3) Regulations 2021

SI 2021/1172 – The Firearms (Amendment) (No. 2) Rules 2021

SI 2021/1171 – The Phytosanitary Conditions (Amendment) (No. 2) Regulations 2021

SI 2021/1167 – The Inheritance Tax (Delivery of Accounts) (Excepted Estates) (Amendment) Regulations 2021

SI 2021/1158 – The Employment and Support Allowance and Universal Credit (Coronavirus Disease) (Amendment) Regulations 2021

SI 2021/1179 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 16) Regulations 2021

SI 2021/1178 – The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021

SI 2021/1170 – The Digital Economy Act 2017 (Commencement No. 8) Regulations 2021

SI 2021/1169 – The Competition Act 1998 (Carbon Dioxide) (Public Policy Exclusion) Order 2021

SI 2021/1168 – The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) (No. 2) Regulations 2021

SI 2021/1165 – The Value Added Tax (Distance Selling and Miscellaneous Amendments No. 2) Regulations 2021

SI 2021/1164 – The Value Added Tax (Distance Selling and Miscellaneous Amendments) Regulations 2021


BAILII: Recent decisons

Posted October 26th, 2021 in law reports by tracey

Supreme Court

FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45 (20 October 2021)

Majera, R (on the application of v Secretary of State for the Home Department [2021] UKSC 46 (20 October 2021)

Court of Appeal (Civil Division)

Alam v Secretary of State for the Home Department [2021] EWCA Civ 1538 (22 October 2021)

The Secretary of State for Justice v A Local Authority & Ors [2021] EWCA Civ 1527 (22 October 2021)

Lehman Brothers Holdings Scottish LP 3 v Lehman Brothers Holdings Plc & Ors [2021] EWCA Civ 1523 (20 October 2021)

Court of Appeal (Criminal Division)

Harris, R. v [2021] EWCA Crim 1542 (22 October 2021)

Nugent, R v. [2021] EWCA Crim 1535 (22 October 2021)

Khan, R. v [2021] EWCA Crim 1526 (21 October 2021)

High Court (Administrative Court)

AB & Ors, R (On the Application Of) v London Borough of Brent [2021] EWHC 2843 (Admin) (25 October 2021)

Ukiwa v Bar Standards Board [2021] EWHC 2830 (Admin) (22 October 2021)

Harrison, R (On the Application Of) v London Borough of Barnet [2021] EWHC 2789 (Admin) (20 October 2021)

High Court (Chancery Division)

Griffin (/a Simon Griffin Antiques Ltd) v Brown & Ors [2021] EWHC 2810 (Ch) (22 October 2021)

Columbia Pictures Industries Inc & Ors v British Telecommunications Plc & Ors [2021] EWHC 2799 (Ch) (22 October 2021)

Campbell & Anor v Purchasers of Flats at 47 Clarence Street and 44 Conduit Street, Leicester [2021] EWHC 2807 (Ch) (22 October 2021)

Chapman v Clarence Court Eggs Ltd & Anor [2021] EWHC 2743 (Ch) (21 October 2021)

Higgins v Morgan & Ors [2021] EWHC 2846 (Ch) (21 October 2021)

High Court (Commercial Court)

Shulman v Hogan Lovells International LLP [2021] EWHC 2779 (Comm) (22 October 2021)

Huntsworth Wine Company Ltd v London City Bond Ltd [2021] EWHC 2831 (Comm) (22 October 2021)

Selevision Saudi Company v Bein Media Group LLC [2021] EWHC 2802 (Comm) (22 October 2021)

Serious Fraud Office & Ors v Litigation Capital Ltd & Ors (Costs and consequentials) [2021] EWHC 2803 (Comm) (21 October 2021)

M/V Pacific Pearl Co. Ltd v Osios David Shipping Inc. [2021] EWHC 2808 (Comm) (21 October 2021)

Discovery Land Company, LLC & Ors v Axis Specialty Europe SE (Rev1) [2021] EWHC 2827 (Comm) (21 October 2021)

High Court (Family Division)

W (A Child). Re [2021] EWHC 2844 (Fam) (25 October 2021)

Lincolnshire County Council v CB & Ors [2021] EWHC 2813 (Fam) (21 October 2021)

High Court (Patents Court)

Anan Kasei Co. Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Anor [2021] EWHC 2825 (Pat) (22 October 2021)

Godo Kaisha IP Bridge 1 v Huawei Technologies Co., Ltd & Ors [2021] EWHC 2826 (Pat) (22 October 2021)

High Court (Queen’s Bench Division)

Duffield v Metamorph Law Ltd [2021] EWHC 2795 (QB) (26 October 2021)

Parker v McClaren [2021] EWHC 2828 (QB) (22 October 2021)

Scumaci v Martin [2021] EWHC 2833 (QB) (22 October 2021)

Kamath v Blackpool Teaching Hospitals NHS Foundation Trust [2021] EWHC 2811 (QB) (22 October 2021)

Parkes v Hall & Ors [2021] EWHC 2824 (QB) (22 October 2021)

Altaf & Ors v Close Brothers Ltd [2021] EWHC 2823 (QB) (21 October 2021)

Stammers v Dyson [2021] EWHC 2805 (QB) (20 October 2021)

Bitar v Banque Libano-Francaise S.A.L. [2021] EWHC 2787 (QB) (20 October 2021)

High Court (Technology and Construction Court)

Bdw Trading Ltd v URS Corporation Ltd & Anor [2021] EWHC 2796 (TCC) (22 October 2021)

Vodafone Ltd v Secretary of State for Foreign, Commonwealth And Development Affairs & Anor [2021] EWHC 2793 (TCC) (20 October 2021)


Jailed man fails in bid to blame lawyers for dropping conviction appeal – Legal Futures

‘The Court of Appeal has rejected an attempt by a man found guilty of soliciting the murder of his partner to blame his lawyers for abandoning his appeal against conviction.’

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Legal Futures, 26th October 2021


David Davis vows to lead rebellion against judicial review changes – The Guardian

‘The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.’

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The Guardian, 25th October 2021


Housing Ombudsman urges social landlords to adopt “zero tolerance approach” on damp and mould – Local Government Lawyer

‘The Housing Ombudsman has called on social landlords to adopt a zero-tolerance approach to damp and mould, saying it needs to be a higher priority.’

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Local Government Lawyer, 26th October 2021


Birmingham man tried to kill baby with poisoned milk bottle – BBC News

Posted October 26th, 2021 in attempted murder, children, imprisonment, news, sentencing by sally

‘A man who tried to kill a newborn baby by giving her prescription drugs in a milk bottle has been jailed.’

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BBC News, 25th October 2021


Significant Rise In Anti-LGBTQ+ Hate Crime Since 2015 – Each Other

‘In 2014-15, there were 6,363 reports of hate crimes based on sexual orientation. Comparatively, in 2020-21, there were 19,679 reports. For 2014-15, 598 transphobic hate crimes were reported but in 2020-21, 2,588 were reported.’

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Each Other, 25th October 2021


Police sexual misconduct: ‘No place’ for officers who abuse authority – BBC News

‘Police officers and staff who abuse their position for a sexual purpose have “no place in policing and will be found out”, a watchdog has warned.’

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BBC News, 26th October 2021


Motorola faces competition inquiry over UK emergency services network – The Guardian

‘The UK’s competition regulator is investigating Motorola over concerns that it has “cashed in” on its monopoly over mobile networks for the UK emergency services.’

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The Guardian, 26th October 2021


Do Employers Discriminate Against People Without Degrees? – Each Other

Posted October 25th, 2021 in education, employment, equality, human rights, news, statistics, universities by tracey

‘In 1999, then Prime Minister Tony Blair pledged that by 2010 half of all under-30s should go on to university, with the aim, in part, of bettering their chances of securing rewarding and well-paid jobs. The target was first met in 2017/2018 and now nearly 60% of sixth form leavers progress on to a degree course. However, in the age of the pandemic, is university really the best route into employment from both a practical and human rights perspective?’

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Each Other, 22nd October 2021


Payment notices: what genuine belief is needed to make a payment notice valid? – Practical Law: Construction Blog

Posted October 25th, 2021 in construction industry, cross-claims, dispute resolution, news by tracey

‘The genuine article? Does a valid payment notice need to set out the sum the payer genuinely considers due? The requirement that a valid payment notice must set out “the sum the payer considers due” is often at the centre of payment disputes. The recent decision in Downs Road Development LLP v Laxmanbhai Construction (UK) Ltd, provides a necessary clarification around what this actually means, confirming that a valid payment notice must set out the sum the payer genuinely considers due.’

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Practical Law: Construction Blog, 20th October 2021


Costs Order against Dental Expert who Showed a Flagrant, Reckless Disregard for his Duties to the Court – Ropewalk Clinical Negligence Blog

Posted October 25th, 2021 in chambers articles, costs, dentists, expert witnesses, negligence, news, third parties by tracey

‘Having blanked his screen and left the ongoing court proceedings to pick up his son from school, the Claimant’s expert witness in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021), Dr Mercier, was initially oblivious of the court’s direction that the Defendant trust would have 21 days to consider whether to pursue a third-party costs order (“TCPO”) against the expert.’

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Ropewalk Clinical Negligence Blog, 19th October 2021


High Court: Differential standards on abortion time-limits do not breach the human rights of disabled persons – UK Human Rights Blog

‘In Crowter & Ors, R (On the Application Of) v Secretary of State for Health And Social Care [2021] EWHC 2536 (Admin), the High Court considered the lawfulness of the provision in the Abortion Act 1967 which permits termination of a foetus after 24 weeks where there is a substantial risk that, if born, a child would be “seriously handicapped”.’

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UK Human Rights Blog, 25th October 2021


Terrorism offences sentencing guidelines to be revised following legislation – Sentencing Council

Posted October 25th, 2021 in codes of practice, consultations, news, sentencing, terrorism by tracey

‘Plans to revise four sentencing guidelines for terrorism offences in England and Wales to reflect changes brought in by the Counter-Terrorism and Sentencing Act 2021, were published for consultation today by the Sentencing Council.’

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Sentencing Council, 20th October 2021


Mineral rights: mudstone in mid-Wales – Local Government Lawyer

Posted October 25th, 2021 in appeals, interpretation, local government, miners, news, Wales by tracey

‘Mark Wonnacott QC and Harriet Holmes examine an important Court of Appeal ruling on the law relating to mineral reservations.’

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Local Government Lawyer, 22nd October 2021


Menopausal symptoms and disability – Local Government Lawyer

‘The Employment Appeal Tribunal has given its first ruling on menopausal symptoms and disability in a case involving a city council. Jog Hundle considers the judgment.’

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Local Government Lawyer, 22nd October 2021


City giant to face trial over alleged conflicts of interest – Legal Futures

Posted October 25th, 2021 in banking, conflict of interest, fraud, law firms, news, professional conduct by tracey

‘City giant Hogan Lovells only achieved partial success in a bid for summary judgment over complaints that it had multiple conflicts of interest while acting for a Ukrainian tycoon.’

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Legal Futures, 25th October 2021


UK’s strict gun laws strengthened with new medical arrangements – Home Office

Posted October 25th, 2021 in codes of practice, firearms, government departments, news, offensive weapons by tracey

‘New statutory guidance will tighten up existing laws on gun ownership and mean that medical information must be provided in order to obtain a licence.’

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Home Office, 20th October 2021