New Judgment: R (on the application of Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56 – UKSC Blog

Posted December 16th, 2021 in gender, government departments, human rights, news, passports, Supreme Court by sally

‘The Supreme Court unanimously dismissed this appeal concerning whether the Court of Appeal was wrong in its conclusion that Her Majesty’s Passport Office’s policy does not unjustifiably breach articles 8 and 14 of the European Convention on Human Rights (“ECHR”).The policy in question holds that (i) an applicant for a passport must declare their gender/sex as being either male or female and (ii) a passport will only be issued bearing a male (“M”) or female (“F”) indicator in the gender/sex field on the face of the passport and will not be issued with an “unspecified” (“X”) gender marker.’

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UKSC Blog, 15th December 2021

Source: ukscblog.com

Grenfell Tower survivors say criminal charges are taking too long – BBC News

Posted December 16th, 2021 in delay, fire, health & safety, inquiries, news, prosecutions by sally

‘Survivors of the Grenfell Tower fire have demanded charges against those responsible for the disaster.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

Gender-neutral passports: Campaigner Christie Elan-Cane loses Supreme Court case – BBC News

Posted December 15th, 2021 in appeals, gender, government departments, human rights, news, passports, Supreme Court by tracey

‘A campaigner has lost a Supreme Court case challenging the government’s refusal to issue gender neutral passports.’

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BBC News, 15th December 2021

Source: www.bbc.co.uk

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

Appeal judges consider legal row over Silverdale ‘stink’ landfill site – The Independent

Posted December 15th, 2021 in appeals, children, environmental health, hazardous substances, health, news, waste by tracey

‘Appeal judges are considering a legal fight centred on a landfill site which locals say gives off noxious gases and stinks.’

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The Independent, 14th December 2021

Source: www.independent.co.uk

High Court makes “first” compulsory ADR order in commercial case – Legal Futures

Posted December 15th, 2021 in company law, dispute resolution, Ministry of Justice, news by tracey

‘A High Court master has made the first ever order for compulsory alternative dispute resolution (ADR) in commercial litigation, according to a City litigator.’

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Legal Futures, 15th December 2021

Source: www.legalfutures.co.uk

Practice Direction issued by the Senior President of Tribunals: Employment Appeal Tribunal – Courts & Tribunals Judiciary

Posted December 15th, 2021 in appeals, citations, employment tribunals, judgments, practice directions by tracey

‘This Practice Direction sets out the arrangements for the neutral citation of judgments of the Employment Appeal Tribunal (EAT) from 1 January 2022. It follows the practice of other jurisdictions including that of the Upper Tribunal.’

Full practice direction

Courts & Tribunals Judiciary, 14th December 2021

Source: www.judiciary.uk

Plan to reform Human Rights Act – Ministry of Justice

‘The Human Rights Act will be revised under plans unveiled by the Justice Secretary Dominic Raab today (14 December).’

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Ministry of Justice, 14th December 2021

Source: www.gov.uk

Hearing paused after barristers spoke too quickly – Law Society’s Gazette

Posted December 15th, 2021 in barristers, costs, news, oral hearings by tracey

‘A High Court judge has criticised the conduct of a hearing in which advocates spoke so quickly in court that the transcriber could no longer continue.’

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Law Society's Gazette, 14th December 2021

Source: www.lawgazette.co.uk

Statutory Instruments – legislation.gov.uk

Posted December 15th, 2021 in legislation by tracey

SI 2021/1435 – The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) (Amendment) Regulations 2021

SI 2021/1434 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 24) Regulations 2021

SI 2021/1430 – The Designation of Rural Primary Schools (England) Order 2021

SI 2021/1423 – The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2021

SI 2021/1422 – The Van Benefit and Car and Van Fuel Benefit (No. 2) Order 2021

SI 2021/ – The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) (No. 2) Order 2021

SI 2021/1432 – The Free Zone (Customs Site No. 1 Thames) Designation Order 2021

SI 2021/1420 – The Renewable Transport Fuel Obligations (Amendment) Order 2021

SI 2021/1413 – The Eggs (England) Regulations 2021

SI 2021/1412 – The Wireless Telegraphy (Licence Charges for the 2100 MHz Frequency Band) Regulations 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 15th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

Rushbond Plc v The JS Design Partnership LLP [2021] EWCA Civ 1889 (14 December 2021)

E & F (Minors : Blood Transfusion) [2021] EWCA Civ 1888 (14 December 2021)

High Court (Administrative Court)

BG & Anor, R (On the Application Of) v Suffolk County Council [2021] EWHC 3368 (Admin) (14 December 2021)

High Court (Chancery Division)

Mattingley v Bugeja [2021] EWHC 3353 (Ch) (14 December 2021)

Cavadore Ltd & Anor v Jawa & Anor [2021] EWHC 3382 (Ch) (13 December 2021)

Mansard Mortgages 2007-2 PLC & Anor v Beyat Holdings Ltd & Ors [2021] EWHC 3355 (Ch) (13 December 2021)

High Court (Commercial Court)

F&T Terrix Ltd v CBT Global Ltd [2021] EWHC 3379 (Comm) (14 December 2021)

Ovsyankin v Angophora Holdings Ltd & Ors [2021] EWHC 3376 (Comm) (14 December 2021)

SDI Retail Services Ltd v The Rangers Football Club Ltd [2021] EWHC 3364 (Comm) (13 December 2021)

High Court (Queen’s Bench Division)

Hill v Generali Zrt [2021] EWHC 3381 (QB) (14 December 2021)

Source: www.bailii.org

Violent men who harm women warned that police are increasing action against them – National Police Chiefs’ Council

Posted December 15th, 2021 in codes of practice, criminal justice, domestic violence, news, police, victims, violence, women by tracey

‘Police in England and Wales will take wide-ranging action to deliver a fundamental shift in priority of violence against women and girls and give victims a consistently high standard of service wherever they are.’

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National Police Chiefs' Council, 15th December 2021

Source: news.npcc.police.uk

Motorist jailed for running over cyclist who spat on his car – The Guardian

Posted December 15th, 2021 in dangerous driving, grievous bodily harm, imprisonment, news, sentencing by tracey

‘A motorist who deliberately ran over a cyclist after the victim spat on his luxury Land Rover during a road rage row has been jailed for 18 months.’

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The Guardian, 14th December 2021

Source: www.theguardian.com

Home Office facing legal action over rights of 2.5 million EU nationals – The Independent

Posted December 15th, 2021 in brexit, citizenship, government departments, immigration, judicial review, news, ombudsmen by tracey

‘The Home Office is facing legal action over its treatment of millions of EU nationals in the UK.’

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The Independent, 14th December 2021

Source: www.independent.co.uk

Supreme Court to rule on investigation into ‘hooded men’ case – The Independent

Posted December 15th, 2021 in appeals, armed forces, news, Northern Ireland, Supreme Court, torture by tracey

‘The Supreme Court in London will rule later on whether the Police Service of Northern Ireland is sufficiently independent to carry out an investigation into the case of the “hooded men”.’

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The Independent, 15th December 2021

Source: www.independent.co.uk

Star Hobson verdict: mother’s girlfriend found guilty of murdering toddler – The Guardian

‘A “cunning and clever” woman has been found guilty of murdering her girlfriend’s toddler daughter after being caught on CCTV “terrorising” the child when she was left to babysit.’

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The Guardian, 14th December 2021

Source: www.theguardian.com

National Lottery scratch card fraud: Men jailed over £4m jackpot claim – BBC News

Posted December 15th, 2021 in banking, fraud, imprisonment, news, sentencing by tracey

‘Two men who bought a National Lottery scratch card using stolen debit card details and then tried to claim the £4m jackpot they revealed have been jailed.’

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BBC News, 14th December 2021

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted December 14th, 2021 in legislation by tracey

SI 2021/1421 – The Income Tax (Indexation of Blind Person’s Allowance and Married Couple’s Allowance) Order 2021

SI 2021/1417 – The Plastic Packaging Tax (Descriptions of Products) Regulations 2021

SI 2021/1416 – The Health Protection (Coronavirus, Restrictions) (Entry to Venues and Events) (England) Regulations 2021

SI 2021/1415 – The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 6) Regulations 2021

SI 2021/1402 – The Heavy Commercial Vehicles in Kent (No. 2) (Amendment) (No. 2) Order 2021

SI 2021/1422 – The Van Benefit and Car and Van Fuel Benefit (No. 2) Order 2021

SI 2021/1409 – The Finance Act 2021, Part 2 etc. (Plastic Packaging Tax) (Appointed Day) Regulations 2021

SI 2021/1406 – The Nuclear Safeguards (Fees) Regulations 2021

SI 2021/1405 – The Social Security (Income and Capital Disregards) (Amendment) Regulations 2021

SI 2021/1388 – The Financial Services and Markets Act 2000 (Consequential Amendments of References to Rules) Regulations 2021

SI 2021/1380 – The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment and Modification) Order 2021

Source: www.legislation.gov.uk

Court of Appeal Revisits “Unduly Harsh” Test – EIN Blog

Posted December 14th, 2021 in appeals, deportation, families, human rights, news by tracey

‘In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq).’

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EIN Blog, 13th December 2021

Source: www.ein.org.uk

The appearance of a substantial defence in possession claims, and property guardians and possession – Nearly Legal

Posted December 14th, 2021 in civil procedure rules, estoppel, landlord & tenant, licensing, news, repossession by tracey

‘Global 100 Ltd v Laleva (2021) EWCA Civ 1835. There is a hell of a lot packed into one appeal here, so I’ll try to be brief. This was Global 100’s appeal of a first instance appeal (our note here) in which HHJ Luba QC had held that the first instance District Judge had been wrong to decide the possession claim against property guardians and make a possession order at first hearing, as there was a defence which appeared to be substantial and required further evidence and hearing.’

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Nearly Legal, 6th December 2021

Source: nearlylegal.co.uk