Statutory Instruments – legislation.gov.uk

Posted January 14th, 2022 in legislation by tracey

SI 2022/33 – The Protection of Animals at the Time of Killing (Amendment) (England) Regulations 2022

SI 2022/29 – The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022

SI 2022/27 – The School and Early Years Finance (England) Regulations 2022

SI 2022/25 – The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 14th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Ideal Shopping Direct Ltd & Ors v Mastercard Incorporated & Ors [2022] EWCA Civ 14 (13 January 2022)

Naghshineh v Commissioners for HM Revenue and Customs [2022] EWCA Civ 19 (13 January 2022)

White & Anor v Amirtharaja & Anor [2022] EWCA Civ 11 (13 January 2022)

London Borough of Barking and Dagenham & Anor v Persons Unknown & Ors [2022] EWCA Civ 13 (13 January 2022)

Paul & Ors v The Royal Wolverhampton NHS Trust [2022] EWCA Civ 12 (13 January 2022)

Court of Appeal (Criminal Division)

Nijhawan, R. v [2022] EWCA Crim 10 (13 January 2022)

Asplin & Ors, R. v (Consequential Matters) [2022] EWCA Crim 9 (13 January 2022)

High Court (Chancery Division)

Womble Bond Dickinson (Trust Corporation) Ltd v No Named Defendant [2022] EWHC 43 (Ch) (13 January 2022)

High Court (Commercial Court)

Vitrition UK Ltd v Caine & Ors [2022] EWHC 51 (Comm) (13 January 2022)

Source: www.bailii.org

Carriageways, footways and standards of maintenance – Local Government Lawyer

‘Shaun O’Neil and Nicola Hyam report on a recent case where a claimant sought to argue that a village road in the Lakes should have been maintained to the standards of a footway.’

Full Story

Local Government Lawyer, 14th January 2022

Source: www.localgovernmentlawyer.co.uk

Child Law Update – Local Government Lawyer

Posted January 14th, 2022 in children, families, family courts, local government, news by tracey

‘Michael Jones reviews some of the most signifcant public law children cases of 2021.’

Full Story

Local Government Lawyer, 14th January 2022

Source: www.localgovernmentlawyer.co.uk

Councils win appeal over final injunctions against unauthorised encampment and prevention of newcomers occupying land – Local Government Lawyer

Posted January 14th, 2022 in appeals, injunctions, local government, news, travellers, trespass by tracey

‘A High Court judge was wrong to hold that the court cannot grant final injunctions against unauthorised encampment that prevent newcomers from occupying and trespassing on land, the Court of Appeal has said.’

Full Story

Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk

High Court dismisses JR over immigration detainees’ legal advice – Law Society’s Gazette

‘The High Court has dismissed a judicial review brought against the lord chancellor over immigration detainees’ access to justice.’

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Law Society's Gazette, 13th January 2022

Source: www.lawgazette.co.uk

Failure to prosecute over boy’s drowning in Welsh river ‘irrational’, court told – The Guardian

‘The decision not to prosecute a teenager accused of pushing a 13-year-old boy into a river was legally flawed and unreasonable or irrational, a court has heard.’

Full Story

The Guardian, 13th January 2022

Source: www.theguardian.com

Driver jailed after pretending to be undercover police officer following crash – The Independent

‘A driver who pretended to be an undercover police officer and brandished a knife after crashing his car under the influence of drugs has been jailed.’

Full Story

The Independent, 13th January 2022

Source: www.independent.co.uk

Ofsted withdraws ‘intrusive’ guidance for childminders to disclose depression – The Independent

Posted January 14th, 2022 in bereavement, children, disclosure, mental health, news, ombudsmen by tracey

‘Ofsted has withdrawn guidance suggesting childminders should notify the watchdog if they have depression or have been bereaved following criticism that the requirement would be “intrusive”.’

Full Story

The Independent, 13th January 2022

Source: www.independent.co.uk

Prosecutors seek the public’s views on mercy killings and failed suicide pacts – Crown Prosecution Service

‘The Crown Prosecution Service (CPS) is seeking views on a proposed update to legal guidance on homicide, to assist prosecutors considering the public interest when dealing with suspects in deaths arising out of failed suicide pacts and so called “mercy killings”.’

Full Story

Crown Prosecution Service, 14th January 2022

Source: www.cps.gov.uk

Man jailed for racist abuse at Manchester United FA Cup game – BBC News

Posted January 14th, 2022 in hate crime, imprisonment, news, racism, sentencing, sport by tracey

‘A man who racially abused staff and attacked two police officers during an FA Cup match has been jailed.’

Full Story

BBC News, 13th January 2022

Source: www.bbc.co.uk

UK data watchdog warns No 10 staff not to erase messages amid party probe – The Independent

‘The UK’s data watchdog has warned that it is important “official records are kept” as Downing Street staff face an investigation over allegations of lockdown-breaking.’

Full Story

The Independent, 13th January 2022

Source: www.independent.co.uk

Met police won’t investigate alleged No 10 lockdown party – The Guardian

‘The Metropolitan police will not investigate alleged parties held at Downing Street in apparent breach of lockdown rules unless an upcoming inquiry finds evidence of criminality.’

Full Story

The Guardian, 13th January 2022

Source: www.theguardian.com

Meta faces billion-pound class-action case – BBC News

Posted January 14th, 2022 in appeals, class actions, competition, damages, data protection, internet, news, privacy by tracey

‘Up to 44 million UK Facebook users could share £2.3bn in damages, according to a competition expert intending to sue parent company Meta.’

Full Story

BBC news, 14th January 2022

Source: www.bbc.co.uk

Research Briefing: The regulation of e-cigarettes – House of Commons Library

Posted January 14th, 2022 in EC law, news, parliament, smoking by tracey

‘This briefing paper provides an overview on the regulation of e-cigarettes.’

Full Story

House of Commons Library , 12th January 2022

Source: commonslibrary.parliament.uk

BAILII: Recent Decisions

Posted January 13th, 2022 in law reports by tracey

Supreme Court

FirstPort Property Services Ltd v Settlers Court RTM Company Ltd & Ors [2022] UKSC 1 (12 January 2022)

Court of Appeal (Civil Division)

Chell v Tarmac Cement And Lime Ltd [2022] EWCA Civ 7 (12 January 2022)

High Court (Administrative Court)

Detention Action, R (On the Application Of) v Lord Chancellor [2022] EWHC 18 (Admin) (13 January 2022)

L, R (On the Application Of) v Hampshire County Council [2022] EWHC 49 (Admin) (13 January 2022)

United States of America v Osborne [2022] EWHC 35 (Admin) (12 January 2022)

High Court (Chancery Division)

St Clair v King & Anor [2022] EWHC 40 (Ch) (12 January 2022 )

Solicitors Regulation Authority Ltd v Khan & Ors [2022] EWHC 45 (Ch) (12 January 2022)

High Court (Technology and Construction Court)

Good Law Project Ltd & Anor, R (On the Application Of) v The Secretary of State for Health and Social Care [2022] EWHC 46 (TCC) (12 January 2022)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted January 13th, 2022 in legislation by tracey

SI 2022/21 – The Private Storage Aid for Pigmeat (England) (Amendment) Regulations 2022

SI 2022/29 – The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) Regulations 2022

Source: www.legislation.gov.uk

New Things – Nearly Legal

Posted January 13th, 2022 in housing, landlord & tenant, news, Wales by tracey

‘There were a few announcements today and a Supreme Court decision.’

Full Story

Nearly Legal, 12th January 2022

Source: nearlylegal.co.uk

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 2: An Assessment – UK Constitutional Law Association

Posted January 13th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘The Government explains its Proposals in its Human Rights Act Reform: A Modern Bill Of Rights: A consultation to reform the Human Rights Act 1998 (CP 588), which represent a radical departure from the HRA.’

Full Story

UK Constitutional Law Association, 13th January 2022

Source: ukconstitutionallaw.org

Parish loses legal challenge over decision by borough council to grant planning permission for road bridge to housing developments – Local Government Lawyer

Posted January 13th, 2022 in judicial review, local government, news, planning, roads by tracey

‘Ashchurch Rural Parish Council has lost a judicial review challenge it brought over construction of a bridge to access large planned housing developments.’

Full Story

Local Government Lawyer, 13th January 2022

Source: www.localgovernmentlawyer.co.uk