Day: 11 February 2022

BSB report: Female barristers continue to earn less than male barristers, and barristers from ethnic minority backgrounds continue to earn less than White barristers – Bar Standards Board

Posted February 11th, 2022 in barristers, diversity, equality, fees, news, remuneration, statistics by tracey

‘The Bar Standards Board (BSB) has today published a report updating its analysis of data on barristers’ income by gender and ethnicity. This builds on previous research by the BSB published in 2020 and research into incomes undertaken by the Bar Council in September 2021 by considering a wider range of factors liked to income (such as seniority and location) as well as comparing pre and post pandemic income levels.’

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Bar Standards Board, 7th February 2022

Source: www.barstandardsboard.org.uk

Failure to remove’ claims: some further developments – Local Government Lawyer

Posted February 11th, 2022 in accidents, appeals, duty of care, human rights, local government, negligence, news, police, road safety by tracey

‘Paul Stagg analyses the latest rulings of relevance to “failure to remove” claims.’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Judge raps council after 13-year-old boy unlawfully deprived of his liberty for five months – Local Government Lawyer

Posted February 11th, 2022 in care orders, children, detention, families, family courts, human rights, local government, news by tracey

‘A Family Court judge has sharply criticised a local authority over its failure to seek the court’s authorisation of a deprivation of liberty (DoL) of a 13-year-old boy (AB).’

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Local Government Lawyer, 11th February 2022

Source: www.localgovernmentlawyer.co.uk

Government accepts Law Commission’s recommendations to reform the communications offences – Law Commission

Posted February 11th, 2022 in bills, government departments, internet, Law Commission, malicious communications, news by tracey

‘The Government has accepted the Law Commission’s recommendations to reform the communications offences, made in the 2021 Modernising Communications Offences report. It intends to include the offences in the Online Safety Bill.’

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Law Commission, 7th February 2022

Source: www.lawcom.gov.uk

The procedure for England’s new divorce law – Family Law

Posted February 11th, 2022 in divorce, families, family courts, news by tracey

‘From 6 April 2022 England and Wales has a new divorce law, so-called no-fault. It is the most significant divorce law change since 1969. It introduces an entirely new basis of obtaining a divorce and a new timetable. It will have different consequences for the applicant and the respondent. It allows joint petitions and joint applications for the final divorce. Service will be invariably by email as default service method. In any event, divorce itself is now an almost entirely online process. The rules for procedure have just been published and this note explores some of the important changes for practitioners.’

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Family Law, 4th February 2022

Source: www.familylaw.co.uk

Sperm donation & pre-conception agreements: The legal issues – Family Law

Posted February 11th, 2022 in assisted reproduction, families, news, pregnancy by tracey

‘For those who are struggling to conceive a child, the creation of an embryo using donated sperm could be lifechanging. As well as creating a baby, however, the procedure could create a whole host of legal problems in the future.’

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Family Law, 4th February 2022

Source: www.familylaw.co.uk

Research Briefing: Corporate criminal liability in England and Wales – House of Commons Library

Posted February 11th, 2022 in company law, criminal justice, news, parliament, vicarious liability by tracey

‘This briefing discusses the circumstances in which corporates can commit crimes in England and Wales, setting out recent developments and proposals for reform.’

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House of Commons Library, 9th February 2022

Source: commonslibrary.parliament.uk

BAILII: Recent Decisions

Posted February 11th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Hussain & Anor v Secretary of State for the Home Department [2022] EWCA Civ 145 (11 February 2022)

High Court (Administrative Court)

Walsh v High Court Ireland [2022] EWHC 286 (Admin) (11 February 2022)

High Court (Chancery Division)

Mulsanne Insurance Company Ltd v Marshmallow Financial Services Ltd & Anor [2022] EWHC 276 (Ch) (11 February 2022)

High Court (Queen’s Bench Division)

Shah v Power & Anor [2022] EWHC 209 (QB) (11 February 2022)

Source: www.bailii.org

New Act – legislation.gov.uk

Posted February 11th, 2022 in leases, legislation by tracey

Leasehold Reform (Ground Rent) Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments: legislation.gov.uk

Posted February 11th, 2022 in legislation by tracey

SI 2022/108 – The Universal Credit and Jobseeker’s Allowance (Work Search and Work Availability Requirements – limitations) (Amendment) Regulations 2022

SI 2022/102 – The Stamp Duty and Stamp Duty Reserve Tax (LCH SA) Regulations 2022

SI 2022/100 – The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2022

SI 2022/114 – The Phytosanitary Conditions (Amendment) Regulations 2022

SI 2022/121 – The Microchipping of Dogs (England) (Amendment) Regulations 2022

SI 2022/120 – The Transport Act 2000 (Air Traffic Services Licence Modification Appeals) (Prescribed Aerodromes) Regulations 2022

SI 2022/117 – The Plastic Packaging Tax (General) Regulations 2022

SI 2022/113 – The Trade Remedies (Review and Reconsideration of Transitioned Trade Remedies) Regulations 2022

SI 2022/125 – The Health Protection (Coronavirus, International Travel and Operator Liability) (England) (Amendment) (No. 2) Regulations 2022

SI 2022/115 – The Offshore Installations (Safety Zones) Order 2022

SI 2022/110 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2022

SI 2022/118 – The Safeguarding (Code of Practice) Measure 2021 (Commencement and Transitional Provision) Order 2022

Source: www.legislation.gov.uk

Rattan v Hughes – Case Note – Old Square Chambers

Posted February 11th, 2022 in chambers articles, dentists, duty of care, negligence, news, self-employment, vicarious liability by sally

‘Are dental practices which service NHS General Dental Services Contracts liable for negligence by associate dentists whom they engage?’

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Old Square Chambers, 4th February 2022

Source: oldsquare.co.uk

Competition watchdog accepts Google’s privacy changes – The Independent

Posted February 11th, 2022 in advertising, competition, consumer protection, data protection, internet, news, ombudsmen, privacy by sally

‘The competition watchdog has accepted proposed changes made by Google to the way it uses customer data.’

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The Independent, 11th February 2022

Source: www.independent.co.uk

Raising a criminal case in the civil courts – St John’s Chambers

Posted February 11th, 2022 in chambers articles, civil justice, civil procedure rules, criminal justice, disclosure, domestic violence, families, forfeiture, murder, news, police, striking out, unlawful killing by sally

‘Allegations of criminal behaviour are normally tried in the criminal courts. But where a crime is either not prosecuted, or cannot be proved beyond reasonable doubt, the question may end up being tried in a civil court, even where the allegation is as serious as it could be, such as murder. This may cause difficulties where the evidence relied upon has been obtained by a third party, such as a police force whether in England or abroad, and the claimant is not in a position to give a detailed account of the allegation until that evidence is available.’

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St John's Chambers, 1st February 2022

Source: www.stjohnschambers.co.uk

Family Law Newsletter – Spire Barristers

Posted February 11th, 2022 in care orders, chambers articles, children, families, family courts, news by sally

‘Articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, February 10th 2022

Source: spirebarristers.co.uk

Punter Southall Governance Services Ltd v Benge [2022] EWHC 193 (Ch) – Wilberforce Chamber

Posted February 11th, 2022 in chambers articles, news, pensions, trusts by sally

‘This decision of Chief Master Shuman concerns the circumstances in which the Court might refuse to bless a decision of pension scheme trustees, with particular reference to the meaning of “necessaries of life”, the conflicted position of member-trustees, and the relevance of disputed matters of fact. It will be important both for those considering the payment of discretionary benefits from pension schemes, including the interrelationship of scheme rules and the authorised payments regime under the Finance Act 2004, as well as more generally in relation to the robust approach the Court should take to beneficiaries seeking to oppose the blessing of trustee decisions.’

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Wilberforce Chambers, 7th February 2022

Source: www.wilberforce.co.uk

James McCann jailed over worker living in shed – BBC News

Posted February 11th, 2022 in forced labour, imprisonment, news, sentencing by sally

‘A man who kept a slave in a shed with no toilet and sent him to work for a pittance has been jailed.’

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BBC News, 10th February 2022

Source: www.bbc.co.uk

Hampshire Tinder fraudster jailed after conning woman out of £150,000 – The Guardian

Posted February 11th, 2022 in forgery, fraud, imprisonment, internet, news, perjury, sentencing by sally

‘A “charming” fraudster who conned a millionaire he met on Tinder into handing him almost £150,000 has been jailed for four-and-a-half years.’

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The Guardian, 10th February 2022

Source: www.theguardian.com