UK man jailed for rape in 1990 after DNA match on another crime – The Guardian

Posted January 18th, 2022 in DNA, forensic science, news, rape, sentencing by tracey

‘A man has been jailed for raping a teenage woman more than three decades ago after he was arrested last year for an unconnected crime and his DNA found to match the attacker’s profile.’

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The Guardian, 17th January 2022

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted January 18th, 2022 in legislation by tracey

SI 2022/48 – The Environment Act 2021 (Commencement No. 2 and Saving Provision) Regulations 2022

SI 2022/45 – The Criminal Procedure (Amendment) Rules 2022

SI 2022/44 – The Family Procedure (Amendment) Rules 2022

SI 2022/30 – The Occupational and Personal Pension Schemes (Disclosure of Information) (Requirements to Refer Members to Guidance etc.) (Amendment) Regulations 2022

SI 2022/26 – The Elections (Policy Development Grants Scheme) (Amendment) Order 2022

SI 2022/46 – The Limited Liability Partnerships (Climate-related Financial Disclosure) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 18th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Tindall & Anor v Chief Constable of Thames Valley Police & Anor [2022] EWCA Civ 25 (18 January 2022)

S (Vulnerable Party: Fairness Of Proceedings) [2022] EWCA Civ 8 (18 January 2022)

The Good Law Project, R (On the Application Of) v Minister for the Cabinet Office [2022] EWCA Civ 21 (18 January 2022)

Brown & Ors v South West Lakes Trust & Ors [2022] EWCA Civ 18 (17 January 2022)

Richards, R (On the Application Of) v The Environment Agency [2022] EWCA Civ 26 (17 January 2022)

High Court (Administrative Court)

Queen Street Properties Ltd v Cardiff City And County Council [2022] EWHC 39 (Admin) (18 January 2022)

Cox & Ors, R (On the Application Of) v The Oil And Gas Authority & Ors [2022] EWHC 75 (Admin) (18 January 2022)

Formby Parish Council v Sefton Council [2022] EWHC 73 (Admin) (17 January 2022)

Austin, R (On the Application Of) v Parole Board for England and Wales [2022] EWHC 63 (Admin) (17 January 2022)

High Court (Chancery Division)

Prime London Holdings 11 Ltd v Thurloe Lodge Ltd [2022] EWHC 79 (Ch) (18 January 2022)

High Court (Commercial Court)

Noksel Celik Boru Sanayi A.S. v Bemaco Steel Ltd & Ors [2022] EWHC 68 (Comm) (17 January 2022)

Source: www.bailii.org

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment – UK Constitutional Law Association

Posted January 18th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights).’

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UK Constitutional Law Association, 14th January 2022

Source: ukconstitutionallaw.org

Daniella Lock and Tanzil Chowdhury: Expansions of Executive Power and Weakening of Democratic Safeguards in 2021 – UK Constitutional Law Association

‘The United Kingdom Constitution Monitoring Group published its first annual report in 2021. It described the UK Government as “set upon legislating over a range of substantial matters with a constitutional dimension”, with its overall programme being “notable for its scale, the speed with which it is being implemented” and this being “far from a model of good practice in constitutional change” (p5).

A significant aspect of the “constitutional dimension” of such changes is that they expand executive power in a number of different ways. This post presents a brief summary of key expansions of executive power via legislation introduced to or passed in the Westminster Parliament in 2021.’

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UK Constitutional Law Association, 17th January 2022

Source: ukconstitutionallaw.org

Law on sale of knives to under-18s to be tightened – The Independent

Posted January 18th, 2022 in crime prevention, hazardous substances, news, offensive weapons, young persons by tracey

‘Measures making it harder for young people to buy knives and corrosive products, including online, have been set out by the government in its latest effort to tackle youth violence.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

Self-Employment Support Scheme appeal dismissed – UK Human Rights Blog

‘R. (on the application of Motherhood Plan) v HM Treasury [2021] EWCA Civ 1703. In a judgment handed down on 24 November 2021, the Court of Appeal dismissed an appeal concerning the lawfulness of the Self-Employment Income Support Scheme (“the Scheme”) which was introduced by the Government in April 2020 during the first lockdown as part of its response to the Covid-19 pandemic.’

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UK Human Rights Blog, 17th January 2022

Source: ukhumanrightsblog.com

Remedying breaches of the Public Sector Equality Duty – Local Government Lawyer

Posted January 18th, 2022 in equality, housing, landlord & tenant, mental health, news, repossession by tracey

‘Is it possible to remedy a breach of the public sector equality duty (PSED)? Katherine Apps analyses an important Court of Appeal ruling.’

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Local Government Lawyer, 17th January 2022

Source: www.localgovernmentlawyer.co.uk

Family mediation scheme to help thousands more parents – Ministry of Justice

Posted January 18th, 2022 in dispute resolution, divorce, families, news, press releases by tracey

‘Thousands more separating parents will avoid stressful courtroom battles as the Government boosts its landmark family mediation scheme with an additional £1.3 million.’

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Ministry of Justice, 16th January 2022

Source: www.gov.uk

Mastercard fined £31.5m for operating cartel in pre-paid card market – The Independent

Posted January 18th, 2022 in competition, consumer credit, fines, news by tracey

‘Mastercard is among five firms that have been fined £33m by regulators for operating cartels in which they agreed not to poach each others customers for pre-paid cards.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

“Warehoused” case against law firm struck out – Legal Futures

Posted January 18th, 2022 in abuse of process, conspiracy, fraud, law firms, negligence, news, striking out by tracey

‘The High Court has struck out a professional negligence claim against a London law firm that it decided had been “warehoused”.’

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Legal Futures, 18th January 2022

Source: www.legalfutures.co.uk

Negligence claim brought over negligence claim to proceed – Legal Futures

Posted January 18th, 2022 in appeals, legal advice, negligence, news, sale of land, summary judgments, valuation by tracey

‘A claimant suing his solicitors for negligence in how they pursued a claim for negligence against other solicitors has failed in his application for permission to appeal a ruling that refused summary judgment in his favour.’

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Legal futures, 18th January 2022

Source: www.legalfutures.co.uk

Research Briefing: New-build housing: construction defects – issues and solutions (England) – House of Commons Library

Posted January 18th, 2022 in building law, construction industry, consumer protection, housing, news by tracey

‘New-build housing: construction defects – issues and solutions (England).’

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House of Commons Library, 17th January 2022

Source: commonslibrary.parliament.uk

‘Westernisation’ can provide basis for leave to remain in UK, tribunal rules – Law Society’s Gazette

Posted January 18th, 2022 in Iraq, Islam, news, refugees, treaties by tracey

‘Westernisation can provide a basis for a claim for leave to remain in the UK where individuals face a real risk of persecution if they would not be able to adhere to the norms of conservative societies, a tribunal has ruled.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

‘No going back’: Criminal bar gives resounding ‘yes’ to direct action – Law Society’s Gazette

Posted January 18th, 2022 in barristers, criminal justice, industrial action, legal aid, news, remuneration by tracey

‘The criminal bar could take direct action in April if the government fails to substantially increase legal aid funding by the end of March.’

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Law Society's Gazette, 18th January 2022

Source: www.lawgazette.co.uk

Raab defends plan to double magistrates’ sentencing powers – The Independent

Posted January 18th, 2022 in courts, delay, imprisonment, magistrates, news, sentencing by tracey

‘The Justice Secretary has dismissed criticism of plans to double magistrates’ sentencing powers in a bid to tackle the backlog of cases waiting to be dealt with by criminal courts.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

Appeal court overturns ‘unlawful’ ruling over Covid contract for Cummings friends – The Independent

Posted January 18th, 2022 in appeals, contracts, coronavirus, news, public procurement by tracey

‘The Court of Appeal has overturned a ruling that a Covid contract given to a company whose founders were friends of former Downing Street adviser Dominic Cummings was unlawful.’

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The Independent, 18th January 2022

Source: www.independent.co.uk

‘Loud’ academic awarded more than £100,000 for unfair dismissal – The Guardian

Posted January 18th, 2022 in compensation, news, unfair dismissal, universities by tracey

‘A senior academic who says she was sacked from her post in a university’s physics department because of her loud voice has been awarded more than £100,000 after winning a claim for unfair dismissal.’

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The Guardian, 18th January 2022

Source: www.theguardian.com

Magistrates to get power to jail offenders for a year – BBC News

Posted January 18th, 2022 in courts, delay, imprisonment, magistrates, news, sentencing by tracey

‘Magistrates in England and Wales will have greater sentencing powers to enable them to take on more cases, under plans to clear court backlogs.’

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BBC news, 18th January 2022

Source: www.bbc.co.uk