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

Settled by Settlers – Nearly Legal

Posted January 17th, 2022 in appeals, housing, landlord & tenant, leases, news, service charges, Supreme Court by tracey

‘FirstPort Property Services Ltd v Settlers Court RTM Co Ltd [2022] UKSC 1 is a big deal in the world of residential leasehold property disputes. Whilst I can’t say that the result is particuarly surprising, I imagine it has sent lawyers, RTM company directors and the Law Commission into a bit of a spin.’

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Nearly Legal, 15th January 2022

Source: nearlylegal.co.uk

‘The present proceedings should never have been brought.’ ASB and disability discrimination. – Nearly Legal

‘Rosebery Housing Association Ltd v Williams & Anor (2021) EW Misc 22 (CC). Applications for injunctions under Part 1 of ASBCPA 2014 seem to be all the rage at moment, so it is refreshing to read the judgment in Rosebery Housing Association v Williams which was handed down by HHJ Luba QC late last year. The judgment provides a helpful list of what-not-to-do in situations where there are allegations of anti-social behaviour levelled at a disabled tenant, particularly where the tenant has made serious allegations of her own.’

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Nearly Legal, 16th January 2022

Source: nearlylegal.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 17th, 2022 in legislation by tracey

SI 2022/32 – The Whole of Government Accounts (Designation of Bodies) Order 2022

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

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 17th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Aviva Insurance Ltd & Anor v Secretary of State for Work and Pensions [2022] EWCA Civ 15 (14 January 2022)

Tuke v Hood [2022] EWCA Civ 23 (14 January 2022)

Pearce, R (On the Application Of) v Parole Board of England and Wales & Anor [2022] EWCA Civ 4 (14 January 2022)

Ceredigion Recycling & Furniture Team v Pope & Anor [2022] EWCA Civ 22 (14 January 2022)

Parr v MSR Partners LLP & Ors [2022] EWCA Civ 24 (14 January 2022)

Lufthansa Technik AG v Astronics Advanced Electronics Systems & Ors [2022] EWCA Civ 20 (14 January 2022)

Court of Appeal (Criminal Division)

Brown, R. v [2022] EWCA Crim 6 (14 January 2022)

High Court (Administrative Court)

Wiltshire Council v Secretary of State for Housing Communities and Local Government & Anor [2022] EWHC 36 (Admin) (14 January 2022)

AXG, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 56 (Admin) (14 January 2022)

Marek Vajdik v Bratislava District Court (Slovakia) (Rev1) [2022] EWHC 55 (Admin) (14 January 2022)

High Court (Chancery Division)

Retirement Villages Developments Ltd v Punch Partnerships (PTL) Ltd [2022] EWHC 65 (Ch) (14 January 2022)

Peter Sharp & Son (a Firm) v GEA Farm Technologies (UK) Ltd [2022] EWHC 64 (Ch) (14 January 2022)

De La Rue Plc & Ors v De La Rue Pension Trustee Ltd & Anor [2022] EWHC 48 (Ch) (14 January 2022)

Levi Solicitors LLP v Wilson & Anor [2022] EWHC 24 (Ch) (14 January 2022)

High Court (Commercial Court)

Alfozan v Quastel Midgen LLP [2022] EWHC 66 (Comm) (14 January 2022)

High Court (Technology and Construction Court)

Atos Services UK Ltd v Secretary of State for Business, Energy, and Industrial Strategy & Anor [2022] EWHC 42 (TCC) (17 January 2022)

Hirst & Anor v Dunbar & Ors [2022] EWHC 41 (TCC) (14 January 2022)

Source: www.bailii.org

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

‘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

High Court allows in-house lawyer to appear in $213m contract battle – Legal Futures

‘The High Court has taken the unusual step of allowing a Hong Kong media company to be represented in court by its in-house lawyer in a $213m contract dispute after its external solicitors withdrew.’

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Legal Futures, 17th January 2022

Source: www.legalfutures.co.uk

UK sets global transparency standard for asset returns – Home Office

‘The UK is the first country to publish its policy and principles on international asset returns.’

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Home Office, 13th January 2022

Source: www.gov.uk

Re A (A CHILD) (supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 174 – Family Law

Posted January 17th, 2022 in appeals, children, contact orders, families, news by tracey

‘Maria Scotland appeared for the appellant in the recently reported case of Re A (A CHILD) (supervised contact) (s91(14) Children Act 1989 orders) [2021] EWCA Civ 174. In this article, Maria discusses the guidance that this case offers in relation to supervised contact and updating the Re P guidance on the making of a s.91(14) order.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

What does a ‘good’ divorce look like when are you dealing with the finances? – Family Law

Posted January 17th, 2022 in divorce, families, family courts, financial dispute resolution, news by tracey

‘I asked clients, colleagues and an IFA specialising in divorce what they thought a “good” financial settlement looked like. The common thread in their answers was not, as you might expect, that it’s about winning. A “good” divorce, where the finances are concerned, is about realism and moving forward.’

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Family Law, 12th January 2022

Source: www.familylaw.co.uk

Prolific romance fraudster jailed as CPS issues a warning – Crown Prosecution Service

Posted January 17th, 2022 in Crown Prosecution Service, fraud, gangs, imprisonment, news, sentencing, victims, women by tracey

‘A stark warning to the public about falling victim to romance fraud has been issued by the Crown Prosecution Service – a month before Valentine’s Day – as a fraudster is jailed for conning at least nine people.’

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Crown Prosecution Service, 14th January 2022

Source: www.cps.gov.uk

Jury foreman sentenced over internet research – Law Society’s Gazette

‘A foreman of a jury who carried out internet research that led to the conviction of a defendant has been given a suspended prison sentence. Timothy Chapman, 62, caused other members of the split jury at Huntingdon Crown Court to change their mind after using a search engine to ask the question: “How hard is it to break bones?”’

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Law Society's Gazette, 16th January 2022

Source: www.lawgazette.co.uk

Government breached duty over solicitor-judge’s disability struggles – Law Society’s Gazette

‘The government has been criticised by an employment tribunal for a “lack of coordination and pre-planning” that resulted in a solicitor-judge bringing a disability discrimination challenge against the justice secretary over her struggles to secure reasonable adjustments.’

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Law Society's Gazette, 17th January 2022

Source: www.lawgazette.co.uk

Call to stop jailing pregnant women in England after baby dies in prison toilet – The Guardian

Posted January 17th, 2022 in bereavement, birth, death in custody, imprisonment, news, pregnancy, women by tracey

‘Vulnerable pregnant women are being imprisoned for non-violent offences, in some cases within just a few weeks of their babies’ due date, according to new research set to be published on Monday.’

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The Guardian, 16th January 2022

Source: www.theguardian.com