New Acts –

2021 c. 34 – Rating (Coronavirus) and Directors Disqualification (Dissolved Companies) Act 2021

2021 c. 33 – Critical Benchmarks (References and Administrators’ Liability) Act 2021

2021 c. 35 – Armed Forces Act 2021


Statutory Instruments –

Posted January 4th, 2022 in legislation by tracey

SI 2021/1463 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 26) Regulations 2021

SI 2021/1471 – The Wine (Amendment) Regulations 2021

SI 2021/1469 – The Transfer of Functions (Vaccine Damage Payments) Order 2021

SI 2021/1465 – The National Security and Investment Act 2021 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2021

SI 2021/1464 – The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 3) Order 2021

SI 2021/1472 – The Exotic Animal Disease (Amendment) (England) Order 2021

SI 2021/1467 – The Electric Vehicles (Smart Charge Points) Regulations 2021

SI 2021/1491 – The Official Controls (Temporary Measures) (Coronavirus) (Amendment) (No. 3) Regulations 2021


BAILII: Recent Decisions

Posted January 4th, 2022 in law reports by tracey

Supreme Court

Maduro Board of the Central Bank of Venezuela v Guaido Board of the Central Bank of Venezuela 2021] UKSC 57 (20 December 2021)

HM Attorney General v Crosland [2021] UKSC 58 (20 December 2021)

Court of Appeal (Civil Division)

Worcestershire County Council, R (On the Application Of) v Secretary of State for Health and Social Care [2021] EWCA Civ 1957 (22 December 2021)

Soriano v Forensic News LLC & Ors [2021] EWCA Civ 1952 (21 December 2021)

UD v DN (Schedule 1, Children Act 1989; Capital Provision) [2021] EWCA Civ 1947 (21 December 2021)

Chelluri v Air India Ltd [2021] EWCA Civ 1953 (21 December 2021)

Bath Rugby Ltd v Greenwood & Ors [2021] EWCA Civ 1927 (21 December 2021)

Miller v The College of Policing [2021] EWCA Civ 1926 (20 December 2021)

Metropolitan Housing Trust Ltd v TM [2021] EWCA Civ 1890 (20 December 2021)

Rights: Community: Action, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2021] EWCA Civ 1954 (20 December 2021)

Court of Appeal (Criminal Division)

Bani v The Crown [2021] EWCA Crim 1958 (21 December 2021)

High Court (Administrative Court)

Takacs v Regional Court Vesprem (Hungary) [2021] EWHC 3477 (Admin) (21 December 2021)

Ahmedsowida v General Medical Council [2021] EWHC 3466 (Admin) (21 December 2021)

Kocsis v District Court of Pecs Hungary [2021] EWHC 3484 (Admin) (21 December 2021)

Earl & Anor v HM Senior Coroner for East Sussex [2021] EWHC 3468 (Admin) (21 December 2021)

Plan B Earth & Ors, R (On the Application Of) v The Prime Minister & Ors [2021] EWHC 3469 (Admin) (21 December 2021)

High Court (Chancery Division)

Crypto Open Patent Alliance v Wright [2021] EWHC 3440 (Ch) (22 December 2021)

Solland & Anor v Watkins & Anor [2021] EWHC 3447 (Ch) (22 December 2021)

Tucker v Purle & Ors [2021] EWHC 3485 (Ch) (21 December 2021)

Mahoney & Ors v Renwick & Ors [2021] EWHC 3441 (Ch) (21 December 2021)

AFM (1932) Ltd & Ors v Belisco Estates Ltd & Anor [2021] EWHC 3460 (Ch) (21 December 2021)

Doran & Anor v County Rentals Ltd (t/a Hunters) [2021] EWHC 3478 (Ch) (20 December 2021)

Columbia Pictures Industries, Inc. & Ors v British Telecommunications PLC & Ors [2021] EWHC 3438 (Ch) (20 December 2021)

Isbilen v Turk & Ors [2021] EWHC 3425 (Ch) (20 December 2021)

Moody v Estate of the Late Norman Jones & Ors [2021] EWHC 3443 (Ch) (20 December 2021)

Original Beauty Technology Co. Ltd & Ors v G4K Fashion Ltd & Ors [2021] EWHC 3439 (Ch) (20 December 2021)

Court (Commercial Court)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2021] EWHC 3462 (Comm) (21 December 2021)

LLC Agronefteprodukt v Ameropa AG [2021] EWHC 3474 (Comm) (21 December 2021)

Geoquip Marine Operations AG v Tower Resources Cameroon SA & Anor [2021] EWHC 3456 (Comm) (21 December 2021)

Aelf MSN 242, LLC v De Surinaamse Luchtvaart Maatschappij NV DBA Surinam Airways [2021] EWHC 3482 (Comm) (21 December 2021)

Navig8 Chemicals Pool Inc v Aeturnum Energy International Pte Ltd (Consequential Matters) [2021] EWHC 3435 (Comm) (20 December 2021)

High Court (Family Division)

LS v PS [2021] EWHC 3508 (Fam) (23 December 2021)

A (A Child), Re [2021] EWHC 3467 (Fam) (20 December 2021)

High Court (Queen’s Bench Division)

Pedriks v Grimaux [2021] EWHC 3448 (QB) (21 December 2021)

NAX v MAX & Anor [2021] EWHC 3492 (QB) (21 December 2021)

Young v The Chief Constable of the Warwickshire Police & Anor [2021] EWHC 3453 (QB) (21 December 2021)

Tylicki v Gibbons [2021] EWHC 3470 (QB) (21 December 2021)

National Crime Agency v Persico [2021] EWHC 3476 (QB) (21 December 2021)

Kostakopolou v University of Warwick & Ors [2021] EWHC 3454 (QB) (21 December 2021)

Arif v Sanger [2021] EWHC 3475 (QB) (21 December 2021)

UXA v Merseycare NHS Foundation Trust [2021] EWHC 3455 (QB) (21 December 2021)

Riley v Murray [2021] EWHC 3437 (QB) (20 December 2021)

Crossley & Ors v Volkswagen Aktiengesellschaft & Ors [2021] EWHC 3444 (QB) (20 December 2021)

Charles Russell Speechlys LLP v Beneficial House (Birmingham) Regeneration LLP [2021] EWHC 3458 (QB) (20 December 2021)

High Court (Technology and Construction Court)

Naylor & Ors v Roamquest Ltd & Anor [2021] EWHC 3507 (TCC) (23 December 2021)

Access for Living v London Borough of Lewisham [2021] EWHC 3498 (TCC) (23 December 2021)

Fairgrove Homes Ltd v Monument Two Ltd [2021] EWHC 3450 (TCC) (21 December 2021)


Remedying breach of Public Sector Equality Duty (or not) – Nearly Legal

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘Metropolitan Housing Trust Ltd v TM (2021) EWCA Civ 1890 – We saw in Taylor v Slough Borough Council (2020) EWHC 3520 (Ch) that in possession claims where a defence of breach of public sector equality duty was raised, the courts would be prepared to accept subsequent compliance (even after the issue of proceedings) as ‘remedying’ the breach. In this second appeal, the Court of Appeal adds some important codicils to that position.’

Full Story

Nearly Legal, 3rd January 2022


Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline – UK Constitutional Law Association

Posted January 4th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, although this was to be delayed until after the referendum on EU membership. The Government has now, however, confirmed that the UK will not leave the ECHR.

In December 2020 the Government announced it was setting up an Independent Human Rights Act Review chaired by Sir Peter Gross, the former Lord Justice of Appeal. On 16 December 2021 the Review published its final report. On the same day the Deputy Prime Minister and new Justice Minister, Dominic Raab, announced a packet of proposals to launch a new British Bill of Rights.

The impact of these proposals will be profound. In this article I shall outline what the proposals will involve. I shall next assess the impact of those proposals.’

Full Story

UK Constitutional Law Association , 4th January 2022


Guidance from Divisional Court on Article 2 inquests – UK Human Rights Blog

Posted January 4th, 2022 in coroners, hospitals, human rights, inquests, mental health, news by tracey

‘In R (Morahan) v West London Assistant Coroner [2021] EWHC 1603 (Admin), the Divisional Court provided detailed guidance on the circumstances in which an enhanced investigation under Article 2 ECHR may be required at an inquest.’

Full Story

UK Human Rights Blog, 4th January 2022


Council fined £300k after dog walker hit by tree on public footpath – Local Government Lawyer

Posted January 4th, 2022 in fines, footpaths, guilty pleas, health & safety, local government, news, trees by tracey

‘A county council has been fined £300,000 for failing to inspect and maintain trees on a public footpath, following the death of a member of the public.’

Full Story

Local Government Lawyer, 29th December 2021


Too little too late: a successful PSED challenge to a possession order – Local Government Lawyer

Posted January 4th, 2022 in disabled persons, equality, housing, mental health, news, repossession by tracey

‘The Court of Appeal recently considered the impact of the public sector equality duty (“PSED”) on a claim for possession of rented residential premises; in particular, whether an earlier breach of the PSED can latterly be remedied, and to what extent. Robert Winspear analyses the ruling.’

Full Story

Local Government Lawyer, 4th January 2022


Funder refused permission to use privileged material in ‘fraud’ claim – Legal Futures

‘The High Court has refused a litigation funder’s bid to use privileged material to overturn a divorce settlement which it says deliberately provides no assets for the wife to pay the £1m she owes it.’

Full Story

Legal Futures, 4th January 2022


Law Commission to review the trial process for sexual offences – Law Commission

Posted January 4th, 2022 in criminal procedure, evidence, Law Commission, news, rape, sexual offences by tracey

‘The Law Commission has today [17 December 2021] launched a project to review how evidence is used in prosecutions of sexual offences, and to counter misconceptions about sexual harm (“rape myths”).’

Full Story

Law Commission, 17th December 2021


English courts can still grant pan-EU trade mark injunctions, judge rules – Law Society’s Gazette

Posted January 4th, 2022 in brexit, EC law, injunctions, news, striking out, trade marks by tracey

‘The English courts can still grant a pan-EU trade mark injunction in proceedings commenced before the end of the Brexit implementation period, the High Court has confirmed.’

Full Story

Law Society's Gazette, 29th December 2021


Home Office hit with high court claim over refusal to treat HIV patient in detention centre – The Independent

‘The Home Office will undergo a high court battle over a HIV patient who was denied life-saving treatment while being held in an immigration detention centre for over two weeks, The Independent can reveal.’

Full Story

The Independent, 1st January 2022


Driver caught distracted behind wheel nine times in four years – The Independent

‘A driver was caught distracted behind the wheel nine times in the last four years, an investigation has found. The unidentified person was one of 932 British drivers convicted of the offence more than once in the same time period, according to Driver and Vehicle Licensing Agency (DVLA) figures obtained by the PA news agency.’

Full Story

The Independent, 3rd January 2022


Pardons extended to all abolished same-sex crimes – BBC News

Posted January 4th, 2022 in homosexuality, news, pardons, sexual offences by tracey

‘More people will be eligible for a pardon for historical criminal convictions relating to homosexual activity, the government has said.’

Full Story

BBC News, 4th January 2022