Sarah Everard: Chairwoman of inquiry into murder announced – BBC News

‘An independent inquiry into the murder of Sarah Everard will receive greater powers if the newly appointed chairwoman is unable to fulfil her remit, the home secretary has said.’

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BBC News, 22nd November 2021

Source: www.bbc.co.uk

Recitation is not application – Nearly Legal

‘SR v Lambeth London Borough Council, County Court at Central London, 21st October 2021 H40CL201 – HHJ Roberts (unreported elsewhere). Our thanks to Justine Compton of Garden Court Chambers for the following note of a section 204 appeal judgment on a priority need decision, refused at s.184 and s.202 review, which features (once again) Now Medical reports done with no face to face assessment being preferred by the local authority decision makers over direct and specialist medical reports submitted by the applicant.’

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Nearly Legal, 21st November 2021

Source: nearlylegal.co.uk

Court puts squeeze on orange juice cartel damages claims – OUT-LAW.com

‘A Brazilian company accused of being involved in an illegal cartel will not have to face mass damages claims in the UK after the High Court in London ruled that it does not have jurisdiction to consider the case.’

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OUT-LAW.com, 19th November 2021

Source: www.pinsentmasons.com

Relocating hen harrier chicks to spare grouse for the gun – UK Human Rights Blog

Posted November 22nd, 2021 in appeals, birds, charities, EC law, human rights, hunting, judicial review, licensing, news by tracey

‘RSPB, R (On the application of) v Natural England [2021] EWCA Civ 1637 (9 November 2021). This case was an appeal by the RSPB and Dr Mark Avery, a scientist specialising in nature conservation, against a ruling by the court below that the grant of a licence by the respondent, Natural England (NE), to “take and disturb” hen harriers from the Northern English uplands for scientific, research or educational purposes pursuant to the Wildlife and Countryside Act 1981 Pt I s.16(1)(a) was lawful.’

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UK Human Rights Blog, 22nd November 2021

Source: ukhumanrightsblog.com

Statutory Instruments – legislation.gov.uk

Posted November 22nd, 2021 in legislation by tracey

SI 2021/1289 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 18) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 22nd, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Chief Constable of South Yorkshire Police, R (On the Application Of) v Kelly & Anor [2021] EWCA Civ 1699 (19 November 2021)

Loveridge & Anor v Loveridge [2021] EWCA Civ 1697 (19 November 2021)

Cunningham v Rochdale Metropolitan Borough Council [2021] EWCA Civ 1719 (19 November 2021)

Court of Appeal (Criminal Division)

Jex & Ors, R. v [2021] EWCA Crim 1708 (19 November 2021)

AAM, R. v [2021] EWCA Crim 1720 (19 November 2021)

High Court (Administrative Court)

Orsos v Pecs District Court, Hungary [2021] EWHC 3097 (Admin) (19 November 2021)

Marosan v Court of Cluj-Napoca (Romania) [2021] EWHC 3098 (Admin) (19 November 2021)

Misbourne Environmental Protection Ltd, R (On the Application Of) v Environment Agency [2021] EWHC 3094 (Admin) (19 November 2021)

High Court (Chancery Division)

ABP Technology Ltd v Voyetra Turtle Beach, Inc. & Anor (Rev1) [2021] EWHC 3096 (Ch) (19 November 2021)

London Trocadero (2015) LLP v Picturehouse Cinemas Ltd & Ors [2021] EWHC 3103 (Ch) (19 November 2021)

Charterhouse Asset Management Ltd v Latchworth Ltd [2021] EWHC 3072 (Ch) (19 November 2021)

High Court (Family Division)

Re P (Presumption of Death) [2021] EWHC 3099 (Fam) (19 November 2021)

High Court (Queen’s Bench Division)

National Highways Ltd v Heyatawin & Ors (Costs) [2021] EWHC 3093 (QB) (18 November 2021)

Source: www.bailii.org

Lord Leggatt, What is the point of commercial law? – Supreme Court

Posted November 22nd, 2021 in company law, judges, speeches by tracey

‘Lord Leggatt, What is the point of commercial law?’

Full speech

Supreme court, 2nd November 2021

Source: www.supremecourt.uk

The importance of due process, communication and fairness in employee conduct investigations – what you need to know. – Local Government Lawyer

‘Julie Bann and James Hughes discuss the importance of fairness in employee conduct investigations, taking a look at the London Borough of Hammersmith and Fulham -v- Mr S Keable case.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

High Court dismisses judicial review over approach by council to deciding if suitable home education is taking place – Local Government Lawyer

‘The High Court has dismissed a legal challenge to the way in which Portsmouth City Council discharges its duties under the Education Act 1996 in respect of home-educated children.’

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Local Government Lawyer, 19th November 2021

Source: www.localgovernmentlawyer.co.uk

Law firm ordered to pay £1,000 for employee’s “racist” comment – Legal Futures

‘A law firm employee has been awarded damages of £1,000 after a colleague targeted him with a discriminatory comment based on his Pakistani heritage.

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Legal Futures, 22nd November 2021

Source: www.legalfutures.co.uk

Supreme Court hears Kurdish flags appeal – Law Society’s Gazette

‘Three men found guilty of carrying a Kurdistan Workers Party (PKK) flag are appealing against their convictions at the Supreme Court, arguing that a ‘strict liability’ offence for carrying the flag of a proscribed organisation is ‘incompatible’ with their right to freedom of expression.’

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Law Society's Gazette, 22nd November 2021

Source: www.lawgazette.co.uk

Colin Pitchfork: Double child killer arrested and recalled to prison two months after release – The Independent

Posted November 22nd, 2021 in children, murder, news, parole, prisons, probation, rape, sexual offences by tracey

‘Colin Pitchfork has been arrested and sent back to prison just two months after being released, the Ministry of Justice (MoJ) announced on Friday. He was let out in September after spending 33 years in jail for murdering two teenage girls in the 1980s.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Grandmother given restraining order for refusing to stop feeding ‘sad’ horse – The Independent

Posted November 22nd, 2021 in animals, harassment, news, restraining orders, sentencing by tracey

‘A grandmother has been convicted of harassment for feeding a retired racehorse that she thought was being neglected.’

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The Independent, 20th November 2021

Source: www.independent.co.uk

Home Office ‘covering up’ its own study of why refugees come to the UK – The Guardian

Posted November 22nd, 2021 in asylum, bills, charities, government departments, immigration, news, refugees by tracey

‘The Home Office is covering up its own research into why refugees and asylum seekers travel to the UK because ministers “know their arguments don’t stand up,” charities claim.’

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The Guardian, 20th November 2021

Source: www.theguardian.com

Zane Gbangbola: Landfill concerns raised before flood death – BBC News

‘Concerns were raised in 2010 over a former landfill site which later became the focus of a dispute over a seven-year-old’s death, it has emerged.’

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BBC news, 22nd November 2021

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

2021 c. 32 – Social Security (Up-rating of Benefits) Act 2021

2021 c. 31 – Telecommunications (Security) Act 2021

2021 c. 30 – Environment Act 2021

Source: www.legislation.gov.uk

Statutory Instruments – legislation.gov.uk

Posted November 19th, 2021 in legislation by tracey

SI 2021/1280 – The Prisons (Substance Testing) Act 2021 (Commencement) Regulations 2021

SI 2021/1279 – The Prison and Young Offender Institution (Amendment) Rules 2021

SI 2021/1273 – The Product Safety and Metrology etc. (Amendment) Regulations 2021

SI 2021/1265 – The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021

SI 2021/1258 – The Copyright and Performances (Application to Other Countries) (Amendment) (No. 2) Order 2021

SI 2021/1288 – The Taking Control of Goods (Fees) (Amendment) Regulations 2021

SI 2021/1286 – The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2021

SI 2021/1283 – The Universal Credit (Work Allowance and Taper) (Amendment) Regulations 2021

SI 2021/1276 – The Non-Domestic Rating (Discretionary Relief) (Amendment) (England) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 19th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Promontoria (Oak) Ltd v Emanuel & Ors [2021] EWCA Civ 1682 (18 November 2021)

MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021)

K Line PTE Ltd v Priminds Shipping (HK) Co Ltd (“Eternal Bliss”) [2021] EWCA Civ 1712 (18 November 2021)

Boodia v Yatsyna [2021] EWCA Civ 1705 (17 November 2021)

Court of Appeal (Criminal Division)

Fearon v R. [2021] EWCA Crim 1706 (17 November 2021)

High Court (Administrative Court)

Keyhole Bridge User Safety Group, R (On the Application Of) v Bournemouth, Christchurch and Poole Council [2021] EWHC 3082 (Admin) (18 November 2021)

High Court (Chancery Division)

Da Silva v Heselton & Ors [2021] EWHC 3079 (Ch) (17 November 2021)

The Law Society Of England And Wales v Pawlak [2021] EWHC 3076 (Ch) (17 November 2021)

Ditto Ltd v Drive-Thru Records LLC [2021] EWHC 2035 (Ch) (17 November 2021)

Bank of Scotland Plc v Hoskins [2021] EWHC 3038 (Ch) (17 November 2021)

Tinkler v Stobart Group Ltd (Rev1) [2021] EWHC 3035 (Ch) (17 November 2021)

High Court (Commercial Court)

Wang v Darby [2021] EWHC 3054 (Comm) (17 November 2021)

High Court (Family Division)

Aldoukhi v Abdullah [2021] EWHC 3086 (Fam) (18 November 2021)

High Court (Queen’s Bench Division)

National Highways Ltd v Heyatawin & Ors [2021] EWHC 3078 (QB) (17 November 2021)

High Court (Technology and Construction Court)

Blue Manchester Ltd v Bug-Alu Technic GmbH & Anor [2021] EWHC 3095 (TCC) (19 November 2021)

Source: www.bailii.org

Nationality and Borders Bill threatens the rights of stateless children – EIN Blog

‘Priti Patel’s Nationality and Borders Bill has been controversial since its announcement to say the least. It has faced criticisms for its extremely harsh treatment of asylum seekers and refugees and its potential contribution to creating a hostile environment for migrants residing within the UK. However, it has now been argued by MP’s that the Bill risks failing to protect stateless children within the country.’

Full Story

EIN Blog, 17th November, 2021

Source: www.ein.org.uk

Public inquiry into death of Dawn Sturgess – Home Office

Posted November 19th, 2021 in government departments, inquiries, news, poisoning, Russia, unlawful killing by tracey

‘Home Secretary announces a public inquiry to investigate the death of Dawn Sturgess.’

Full Story

Home Office, 18th November 2021

Source: www.gov.uk