November 2021 – Page 2 – Current Awareness

Mandatory vaccination for care home workers not unlawful nor in breach of ECHR – UK Human Rights Blog

Posted November 29th, 2021 in care homes, care workers, coronavirus, employment, human rights, judicial review, news, vaccination by tracey

‘Peters & Anor, R (On the application of) the Secretary of State for Health and Social Care & Anor [2021] EWHC 3182 (Admin), 2 November 2021. This was a renewed application by the claimants for permission to proceed with a judicial review challenge to the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021, which requires a registered person who runs a regulated activity in a care home to ensure that any person entering the premises has been vaccinated, unless for clinical reasons that person is exempt.’

UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Capacity to engage in sexual relations: the relevance of the partner’s consent – UK Human Rights Blog

Posted November 29th, 2021 in appeals, autism, consent, Court of Protection, learning difficulties, local government, news, sexual offences, Supreme Court by tracey

‘A Local Authority (Respondent) v JB (by his Litigation Friend, the Official Solicitor) (Appellant) – UKSC 2020/0133 Court of Appeal (Civil Division). The Supreme Court has upheld the Court of Appeal’s decision that to have capacity to engage in sexual relations, a person needs to be able to understand that their sexual partner must have the capacity to consent to the sexual activity and must, in fact, consent before and during the sexual activity.’

UK Human Rights Blog, 26th November 2021

Source: ukhumanrightsblog.com

Fighting ever increasing odds against a draconian intervention – and when is a without notice hearing acceptable? – Local Government Lawyer

Posted November 29th, 2021 in care homes, care workers, coronavirus, Court of Protection, families, local government, mental health, news, vaccination by tracey

‘The Court of Protection recently ordered that a woman with late onset vascular dementia be transferred to a residential care home after relations between her son and care workers broke down. Alex Ruck Keene analyses the ruling.’

Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

Man-shed miscalculated – Local Government Lawyer

Posted November 29th, 2021 in appeals, contempt of court, enforcement notices, housing, injunctions, local government, news, planning, Uncategorized by tracey

‘The Court of Appeal recently rejected an appeal by the owner of a building dubbed “Britain’s biggest man cave” over a ruling that he was in contempt of court of an injunction issued in 2018. Roderick Morton analyses the judgment.’

Local Government Lawyer, 26th November 2021

Source: www.localgovernmentlawyer.co.uk

IBA report links wellbeing to equality and diversity – Legal Futures

Posted November 29th, 2021 in barristers, diversity, equality, legal profession, mental health, news, statistics by tracey

‘Women, ethnic and other minorities and young people in the legal profession are most likely to suffer from depression, showing a link between wellbeing and issues of equality, diversity and inclusion, according to a high-level report.’

Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

Ex-barrister wins appeal over first-ever life sentence for perverting justice – Legal Futures

Posted November 29th, 2021 in appeals, barristers, harassment, imprisonment, news, perverting the course of justice, professional conduct, sentencing by tracey

‘A former barrister who received the first-ever life sentence for perverting the course of justice, over claims she made against another barrister, has won her appeal against sentence.’

Legal Futures, 29th November 2021

Source: www.legalfutures.co.uk

Increased transparency in the family courts to be the way forward – Family Law

Posted November 29th, 2021 in anonymity, children, families, family courts, judges, media, news, privacy, reporting restrictions, reports by tracey

‘On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the “new norm”.’

Family Law, 26th November 2021

Source: www.familylaw.co.uk

British MPs call for law changes to help young Hongkongers flee to UK – The Guardian

Posted November 29th, 2021 in asylum, demonstrations, government departments, Hong Kong, immigration, news, refugees, visas, young persons by tracey

‘More than nine in 10 people who have faced protest charges in Hong Kong are too young to access a UK visa scheme dedicated to helping Hongkongers flee to Britain, according to advocates and MPs calling for new laws to assist them.’

The Guardian, 28th November 2021

Source: www.theguardian.com

Official judgment portal set to go live – Law Society’s Gazette

Posted November 29th, 2021 in archives, internet, judgments, Ministry of Justice, news by tracey

‘Nearly 50,000 court judgments have been set up to be posted online in the first phase of the government’s plan to create a cutting-edge free repository of legal information, the Gazette can reveal. The service, hosted by the National Archives, will go live next April when the Ministry of Justice’s contract with the British and Irish Legal Information Institute (BAILII) expires.’

Law Society's Gazette, 29th November 2021

Source: www.lawgazette.co.uk

Research Briefing: Consumer protection: Unfair Trading Regulations 2008 – House of Commons Library

Posted November 29th, 2021 in consumer protection, news, parliament by tracey

‘The purpose of this House of Commons Library briefing paper is to provide a brief overview of the Consumer Protection from Unfair Trading Regulations 2008 (as amended).’

House of Commons Library, 26th November 2021

Source: commonslibrary.parliament.uk

Tribunal to decide on motorist class action lawsuit against shipping cartel – The Independent

Posted November 29th, 2021 in appeals, class actions, compensation, competition, news, tribunals by tracey

‘Motorists who bought a new car between 2005 and 2015 will find out whether they should be able to automatically receive a payout from five of the world’s biggest shipping companies in a £150 million legal case. A three-day hearing at the Competition Appeal Tribunal in London begins on Monday, to decide whether a collective proceedings order (CPO) can be launched on behalf of UK consumers and businesses, which would see payouts on about 17 million vehicles.’

The Independent, 29th November 2021

Source: www.independent.co.uk

Stricter curbs on MPs’ second jobs to be backed by standards watchdog, piling pressure on Boris Johnson – The Independent

Posted November 29th, 2021 in conflict of interest, corruption, employment, lobbying, news, ombudsmen, parliament, professional conduct by tracey

‘Stricter curbs on MPs taking second jobs will be proposed by a Commons watchdog, piling pressure on Boris Johnson to act and putting him on a fresh collision course with his own MPs.’

The Independent, 29th November 2021

Source: www.independent.co.uk

Asylum seekers jailed for steering dinghies appealing after being branded ‘people smugglers’ by government – The Independent

Posted November 29th, 2021 in appeals, asylum, government departments, immigration, imprisonment, news, trafficking in human beings by tracey

‘More than a dozen asylum seekers who were jailed for steering dinghies across the English Channel are fighting to have their convictions overturned.’

The Independent, 28th November 2021

Source: www.independent.co.uk

Deepcut deaths: army ‘treating victims’ families with contempt’ – The Guardian

Posted November 29th, 2021 in armed forces, bereavement, bullying, codes of practice, education, families, government departments, harassment, inquests, mental health, news, suicide by tracey

‘The sister of Pte Sean Benton, who committed suicide at Deepcut barracks, has accused the British army of treating victims’ families with contempt after it emerged that the military had failed to honour a pledge made at his inquest in 2018.’

The Guardian, 28th November 2021

Source: www.theguardian.com

English universities risk breaking law over offer withdrawals, say ministers – The Guardian

Posted November 29th, 2021 in competition, education, news, school children, universities by tracey

‘Universities in England risk breaking competition laws if they add loopholes letting them withdraw offers from students at the last minute if courses are oversubscribed, ministers and regulators have told vice-chancellors.’

The Guardian, 29th November 2021

Source: www.theguardian.com

Enforcement of adjudicator’s decision refused as proceedings were an abuse of process – Practical Law: Construction Blog

Posted November 26th, 2021 in abuse of process, construction industry, contracts, dispute resolution, enforcement, injunctions, news by tracey

‘We often hear cases referred to as having turned on their facts and, if there was ever an example of this it would be the judgment handed down in October 2021 in G&D Brickwork Contractors Ltd v Marbank Construction Ltd. The parties’ names will ring a bell with some of you because, earlier in the year, O’Farrell J refused to grant an injunction restraining G&D from bringing adjudication proceedings, and last month’s judgment from Joanna Smith J deals with the enforcement of the adjudicator’s decision.’

Practical Law: Construction Blog, 24th November 2021

Source: constructionblog.practicallaw.com

Statutory Instruments – legislation.gov.uk

Posted November 26th, 2021 in legislation by tracey

SI 2021/1307 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) (No. 2) Order 2021

SI 2021/1305 – The Avian Influenza (H5N1 in Wild Birds) (England) (Amendment) Order 2021

SI 2021/1301 – The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) (No. 2) Order 2021

SI 2021/1308 – The Occupational Pensions (Revaluation) Order 2021

SI 2021/1318 – The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No. 3) Order 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 26th, 2021 in law reports by tracey

Supreme Court

A Local Authority v JB [2021] UKSC 52 (24 November 2021)

Court of Appeal (Civil Division)

AH, Re (Serious Medical Treatment) [2021] EWCA Civ 1768 (25 November 2021)

Park v CNH Industrial Capital Europe Ltd (t/a CNH Capital) [2021] EWCA Civ 1766 (24 November 2021)

The Motherhood Plan & Anor, R. (On the Application of) v Her Majesty’s Treasury [2021] EWCA Civ 1703 (24 November 2021)

EUI Ltd v UK Vodaphone Ltd [2021] EWCA Civ 1771 (24 November 2021)

Court of Appeal (Criminal Division)

Ahmed, R. v [2021] EWCA Crim 1786 (25 November 2021)

High Court (Administrative Court)

Bousfield, R (On the Application Of) v The Parole Board for England and Wales [2021] EWHC 3160 (Admin) (25 November 2021)

Tidal Lagoon (Swansea Bay) Plc v Secretary of State for Business Energy And Industrial Strategy & Ors [2021] EWHC 3170 (Admin) (25 November 2021)

Ekwoge v Centeral District Court In Buda (Hungary) [2021] EWHC 3163 (Admin) (24 November 2021)

High Court (Chancery Division)

Malik v Hussain (Rev1) [2021] EWHC 3161 (Ch) (25 November 2021)

Prudential Assurance Company Ltd & Anor, Re [2021] EWHC 3152 (Ch) (24 November 2021)

High Court (Patents Court)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2021] EWHC 3121 (Pat) (25 November 2021)

High Court (Queen’s Bench Division)

Damavand Media Ltd & Anor v DMA Media Ltd & Anor [2021] EWHC 3164 (QB) (25 November 2021)

Public Joint Stock Company Rosneft Oil Company v Harpercollins Publishers Ltd & Anor [2021] EWHC 3141 (QB) (24 November 2021)

Wokingham Borough Council v Jules & Anor [2021] EWHC 3135 (QB) (24 November 2021)

Komives & Anor v Hick Lane Bedding Ltd & Anor [2021] EWHC 3139 (QB) (24 November 2021)

Abramovich v Harpercollins Publishers Ltd & Anor [2021] EWHC 3154 (QB) (24 November 2021)

Source: www.bailii.org

Firearms – importation sentencing guidelines published – Sentencing Council

Posted November 26th, 2021 in codes of practice, consultations, criminal justice, firearms, news, offensive weapons, sentencing by tracey

‘The Council has published a new guideline for sentencing offenders convicted of firearms importation offences in England and Wales, following consultation.’

Sentencing Council, 24th November 2021

Source: www.sentencingcouncil.org.uk

Consultation to enhance legal support for those facing eviction or repossession – gov.uk

Posted November 26th, 2021 in consultations, housing, landlord & tenant, legal aid, Ministry of Justice, news, repossession by tracey

‘People at risk of losing their home are set to benefit from enhanced legal support following a consultation launched by the government today
.’

gov.uk, 25th November 2021

Source: www.gov.uk

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