BAILII: Recent Decisions

Posted January 12th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

MOC v Secretary of State for Work And Pensions [2022] EWCA Civ 1 (11 January 2022)

Cleeland, R (On the Application Of) v Criminal Cases Review Commission [2022] EWCA Civ 5 (11 January 2022)

Embiricos v Revenue And Customs [2022] EWCA Civ 3 (11 January 2022)

High Court (Administrative Court)

Ginn, R (On the Application Of) v HM Senior Coroner For Inner London [2022] EWHC 28 (Admin) (11 January 2022)

Scottishpower Energy Retail Ltd, R (on the application of) v The Gas and Electricity Markets Authority [2022] EWHC 37 (Admin) (11 January 2022)

J, R (On the Application Of) v West Mercia Police & Anor [2022] EWHC 26 (Admin) (11 January 2022)

High Court (Chancery Division)

Kea Investments Ltd v Watson [2022] EWHC 5 (Ch) (11 January 2022)

High Court (Commercial Court)

The Football Associationpremier League Ltd v PPLive Sports International Ltd [2022] EWHC 38 (Comm) (11 January 2022)

High Court (Queen’s Bench Division)

Bashar v Thompson & Anor [2022] EWHC 25 (QB) (11 January 2022)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted January 12th, 2022 in legislation by tracey

SI 2022/8 – The Personal Protective Equipment at Work (Amendment) Regulations 2022

SI 2022/19 – The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2022

SI 2022/18 – The Wills Act 1837 (Electronic Communications) (Amendment) Order 2022

Source: www.legislation.gov.uk

FA urged to follow up CPS’ promise of criminal action over homophobic ‘rent boys’ chants – Daily Telegraph

‘The Football Association have been urged to follow up the Crown Prosecution Service’s promise of criminal action over homophobic “rent boys” chants with disciplinary sanctions against clubs who fail to educate their fans.’

Full Story

Daily Telegraph, 11th January 2022

Source: www.telegraph.co.uk

Police need to be trained not to discriminate against black families in missing person cases, say experts – The Independent

Posted January 12th, 2022 in charities, equality, families, missing persons, news, race discrimination by tracey

‘Police forces responding to reports of missing people should implement training to address racial discrimination, a groundbreaking report has recommended. Missing People, a UK charity supporting missing people and their families, has released new guidance in response to disclosures of bias faced by families when reporting their loved one missing to the police, based upon months of research into disparities around the matter.’

Full Story

The Independent, 12th January 2022

Source: www.independent.co.uk

FIDIC contracts – what’s new for 2022? – Practical Law: Construction Blog

Posted January 12th, 2022 in construction industry, contracts, news by tracey

‘The title of my review of the last online FIDIC conference a year ago, FIDIC contracts – a preview of what is to come, now has a somewhat ominous ring to it as for the second year running the International Users’ Conference had to convene online in December 2021 due to the current COVID-19 situation. It felt a bit more “down to business” than last year with no online networking platform between Zoom sessions, but instead included some excellent, hosted, breakout discussion rooms, which I thought was a great addition. I particularly enjoyed the very open (collaborative) discussion around the new FIDIC Collaborative Contract that is a work in progress. More of that below.’

Full Story

Practical Law: Construction Blog, 11th January 2022

Source: constructionblog.practicallaw.com

Payout offers over Post Office IT scandal sent to less than third of applicants – The Guardian

‘Less than a third of Post Office workers who applied for compensation under a government scheme in the wake of the Horizon IT scandal have received a payout offer, almost 17 months after it closed, MPs have been told.’

Full Story

The Guardian, 11th January 2022

Source: www.theguardian.com

UK government sued over ‘pie-in-the-sky’ net-zero climate strategy – The Guardian

‘The UK government is being sued over its net zero climate strategy, which lawyers argue illegally fails to include the policies needed to deliver the promised cuts in emissions.’

Full Story

The Guardian, 12th January 2022

Source: www.theguardian.com

Bristol strip club ban ‘will put dancers in danger’ – BBC News

Posted January 12th, 2022 in consultations, local government, news, sexual offences, women by tracey

‘Closing strip clubs in Bristol will push the sex industry underground and put dancers “into more danger”, a woman who works one of the venues says.’

Full Story

BBC News, 11th January 2022

Source: www.bbc.co.uk

Ombudsman finds London borough guilty of severe maladministration in handling of complaint about leak – Local Government Lawyer

Posted January 12th, 2022 in compensation, delay, housing, landlord & tenant, local government, news, ombudsmen, repairs by tracey

‘A Housing Ombudsman investigation has found complaint handling failures at the London Borough of Ealing that amounted to severe maladministration, in a case in which a resident had to wait six years for a leaking roof to be replaced.’

Full Story

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Private landlord ordered to pay £65k after breaching planning enforcement notice over unlawful HMO – Local Government Lawyer

‘A landlord has been ordered to pay more than £64,000 for breaching a planning enforcement notice served on a property in Barking being used illegally as a House in Multiple Occupation (HMO).’

Full Story

Local Government Lawyer, 11th January 2022

Source: www.localgovernmentlawyer.co.uk

Medical negligence claims process can be “inhumane experience” – Legal Futures

Posted January 12th, 2022 in compensation, damages, hospitals, medical treatment, negligence, news, personal injuries by tracey

‘Making claims against the NHS can be “a difficult, and in some cases inhumane, experience”, with the worst cases seeing staff trying to “proactively cover up” errors and even fabricating medical records, a report has found.

However, in other cases they were “very upfront about what had gone wrong” and consultants recommended taking legal action, according to research for the Association of Personal Injury Lawyers (APIL).’

Full Story

Legal Futures, 12th January 2022

Source: www.legalfutures.co.uk

Practice Statement: Appointment of Managers under Section 24 of the Landlord and Tenant Act 1987 – Courts and Tribunals Judiciary

Posted January 12th, 2022 in housing, landlord & tenant, news, tribunals by tracey

‘The purpose of the statement is to give leaseholders, prospective Managers, and landlords, an indication of the Tribunal’s expectations of a proposed Manager when deciding whether to make an order under section 24 of the Landlord and Tenant Act 1987.’

Full Story

Courts and Tribunals Judiciary , 11th January 2022

Source: www.judiciary.uk

Research briefing: Recall of Parliament – House of Commons Library

Posted January 12th, 2022 in news, parliament by tracey

‘This briefing paper discusses the procedure for recalling Parliament, as well as providing details of recent occasions when Parliament has been recalled.’

Full Story

House of Commons Library , 11th January 2022

Source: commonslibrary.parliament.uk

Video-witnessed wills extended until 2024 – Law Society’s Gazette

‘Legislation introduced during the pandemic allowing wills to be witnessed over Zoom and Skype will be extended until January 2024, the government announced today.’

Full Story

Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Balancing transparency and confidentiality ‘really difficult’ – McFarlane – Law Society’s Gazette

‘Greater transparency is necessary for the public to have confidence in the family justice system but balancing openness with confidentiality will be “really difficult”, the president of the Family Division told MPs today.’

Full Story

Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Family welcomes decision to strike off nurse after woman killed herself – The Independent

‘The parents of a vulnerable young woman who killed herself after she was refused a psychiatric bed have welcomed a decision to strike off one of the nurses involved, saying they hoped the move would help other families “appallingly failed by mental health services”.’

Full Story

The Independent, 12th January 2022

Source: www.independent.co.uk

‘Trove of racial hatred’ exposed by investigation into online platforms – The Independent

Posted January 12th, 2022 in duty of care, hate crime, internet, news, racism, statistics by tracey

‘Tech giants have come under fresh fire after an investigation exposed hundreds of thousands of hate profiles online.’

Full Story

The Independent, 12th January 2022

Source: www.independent.co.uk

Liver-branding transplant surgeon struck off medical register – The Guardian

‘A surgeon who burned his initials on to the livers of two patients during transplant surgery has been struck off the medical register.’

Full Story

The Guardian, 11th January 2022

Source: www.theguardian.com

HMP Hewell: Troubled prison improving but problems persist – BBC News

Posted January 12th, 2022 in news, prisons by tracey

‘A prison previously described as “unfit for the 21st century” has improved.’

Full Story

BBC News, 12th January 2022

Source: www.bbc.co.uk