Research Briefing: Special Educational Needs: support in England – House of Commons Library

‘This House of Commons Library briefing sets out the system of support for children and young people in England aged 0-25 with special educational needs (SEN).’

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House of Commons Library , 1st March 2022


Research Briefing: Doorstep selling – House of Commons Library

Posted March 4th, 2022 in consumer protection, news, parliament by tracey

‘This paper outlines the current regulation of doorstep selling (or cold calling) under the provisions of the Consumer Contracts Regulations 2013. It also provides information on how “No Cold Calling Zones” work in practice.’

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House of Commons Library , 3rd March 2022


The director of an English mobile phone company, now in liquidation, has been held liable for both fraudulent trading and misfeasance for participation in missing trader intra-community (MTIC) VAT fraud. –

‘The High Court upheld an application made by the liquidator of JD Group Ltd (“the company”) claiming that Deepak Bhatia, the company director, was engaged in fraudulent trading owing to knowledge that the company was associated with VAT fraud. Judge Agnello QC found that the manner in which the respective transactions were carried out provided clear evidence of this knowledge and that Bhatia’s conduct was dishonest in accordance with the objective standards of ordinary decent people.’

Full Story, 3rd March 2022


Property Guardians and HMOs – they are, you know – Nearly Legal

‘Global 100 Ltd v Jimenez & Ors (HOUSING – HOUSE IN MULTIPLE OCCUPATION – RENT REPAYMENT ORDER – “property guardians”) (2022) UKUT 50 (LC) In which Global 100, flushed by their win in the Court of Appeal in Global 100 Ltd v Laleva (2021) EWCA Civ 1835 (our note), appealed a First Tier Tribunal decision that a commercial office building, in which 10-12 guardians were living, was an unlicensed HMO and rent repayment orders followed.’

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Nearly Legal, 2nd March 2022


Ed Sheeran’s Shape Of You copyright row set for High Court trial – The Independent

Posted March 4th, 2022 in artistic works, copyright, intellectual property, news by tracey

‘Ed Sheeran’s hit song Shape Of You is at the centre of a High Court copyright row. Sheeran is involved in a legal battle with two songwriters who claim the 2017 hit rips off parts of their song Oh Why, and a three-week trial is due to start on Friday in London.’

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The Independent, 4th March 2022


Lack of jurisdiction entitled adjudicator to resign – Practical Law: Construction Blog

‘Last year I wrote about the judgment in Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd, where Roger ter Haar QC (sitting as a deputy High Court judge) granted summary judgment on a claim for payment of an adjudicator’s fees and expenses arising from an adjudication in which the adjudicator resigned prior to issuing a decision. The matter has now come before the Court of Appeal in Steve Ward Services (UK) Ltd v Davies & Davies Associates Ltd, with Coulson LJ giving the leading judgment. The court upheld the first instance decision and also allowed the adjudicator’s cross-appeal, finding that the judge was wrong to suggest the adjudicator’s decision to resign was erroneous or that he went outside the ambit of paragraph 13 of the Scheme for Construction Contracts 1998.’

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Practical Law: Construction Blog, 2nd March 2022


Devolved powers and the internal market post-Brexit – UK Human Rights Blog

‘R (on the Application of the Counsel General for Wales) v Secretary of State for business, Energy and Industrial Strategy [2022] EWCA Civ 118. The Court of Appeal decision handed down on 9th February 2022 is an important case concerning devolved powers.’

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UK Human Rights Blog, 3rd March 2022


Scottish law firm can be sued for negligence in England – Legal Futures

‘A Scottish law firm, which has no offices south of the border, has failed in a jurisdiction challenge to halt a negligence claim over advice a solicitor gave over a Cornish wind farm project.’

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Legal Futures, 4th March 2022


Financial Remedy Update, February 2022 – Family Law Week

Posted March 4th, 2022 in divorce, families, family courts, financial provision, news, pensions by tracey

‘Sue Brookes, Principle Associate and Nicola Rowlings, Professional Support Lawyer, at Mills & Reeve LLP consider the most important news and case law relating to financial remedies and divorce during January 2022.’

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Family Law Week, 3rd March 2022


‘No fault’ divorce is great, but it’s time to move the conversation on – Family Law

Posted March 4th, 2022 in dispute resolution, divorce, families, family courts, news by tracey

‘With the dawn of “no fault” divorce almost upon us there is a sense of post-election frivolity reverberating throughout the sector, with the Government proudly patting itself on the back for delivering on the most significant shake up of family law in almost five decades.

To a certain extent, one could argue rightly so.

Indeed, National Family Mediation was one of the many organisations campaigning for change to what is widely accepted to be a stale and outdated area of law, with already heartbroken families kickstarting divorce proceedings by blaming their former spouse for the irretrievable breakdown of the relationship.

And so let me start this article by stressing that I, and my mediation colleagues, are most certainly in favour of the reforms which will aid the ability to separate on a less acrimonious footing, regardless of who has done what and to whom.

However, as the April 6th deadline rapidly approaches it feels prudent to caution that this major legislative change is not, in isolation, the end to all of our problems.’

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Family Law, 3rd March 2022


Draft guidelines published to help improve practice when the state acts to safeguard a baby at birth – Family Law

Posted March 4th, 2022 in birth, care orders, children, families, local government, news by tracey

‘Draft guidelines to help improve practice when the state acts to safeguard a baby at birth have been published by Nuffield Family Justice Observatory (Nuffield FJO) and are being tested for feasibility in sites across England and Wales.’

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Family Law, 3rd March 2022


Competition watchdog probes Mitie over immigration centre contracts – The Independent

Posted March 4th, 2022 in competition, government departments, immigration, news, public procurement by tracey

‘The UK competition regulator has launched an investigation into whether outsourcing firm Mitie Group has broken competition law in relation to a procurement process for immigration removal centre contracts run by the Home Office.’

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The Independent, 4th March 2022


Senior judge recommends scaling back of Commons standards tsar’s dual role – The Independent

Posted March 4th, 2022 in codes of practice, disciplinary procedures, news, parliament by tracey

‘Parliamentary Standards Commissioner Kathryn Stone should have her decision-making powers stripped back and the Commons be banned from amending reports into MPs’ rule breaches, a review of the standards system has recommended.’

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The Independent, 4th March 2022


Justice system in England and Wales ‘risks causing fresh trauma to girls’ – The Guardian

‘The vast majority of vulnerable young women and girls in the criminal justice system in England and Wales have previously suffered abuse and violence and are in danger of being retraumatised by the experience, charities say.’

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The Guardian, 4th March 2022


Greater Manchester Police pays £8,000 damages to rape complainant – BBC News

‘A woman who said “dismissive” police told her “nothing would come” out of reporting being raped after her drink was spiked has received £8,000 damages.’

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BBC News, 4th March 2022


New Act –

Posted March 4th, 2022 in charities, legislation by tracey

2022 c. 6 – Charities Act 2022


Recent Statutory Instruments –

Posted March 4th, 2022 in legislation by tracey

SI 2022/191 – The Polygraph (Amendment) Rules 2022

SI 2022/206 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022

SI 2022/200 – The Direct Payments to Farmers (Allocation of Payment Entitlements from the National Reserve) (England) Regulations 2022

SI 2022/198 – The Housing (Approval of Code of Management Practice) (Student Accommodation) (England) Order 2022

SI 2022/197 – The Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2022

SI 2022/196 – Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2022


BAILII: Recent Decisions

Posted March 4th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Brake & Anor v Guy & Ors [2022] EWCA Civ 235 (02 March 2022)

The London Steam-Ship Owners’ Mutual Insurance Association Ltd v The Kingdom of Spain M/T “PRESTIGE” (No. 5) [2022] EWCA Civ 238 (01 March 2022)

Court of Appeal (Criminal Division)

Fleming, R. v (Rev1) [2022] EWCA Crim 250 (03 March 2022)

High Court (Administrative Court)

Jan, Re Application for Judicial Review v The Commissioner of Police for the Metropolis [2022] EWHC 446 (Admin) (02 March 2022)

Pugsley & Anor v Director of Public Prosecutions [2022] EWHC 425 (Admin) (02 March 2022)

High Court (Chancery Division)

Axnoller Events Ltd v Brake & Anor (Form of Order) [2022] EWHC 459 (Ch) (03 March 2022)

Business Mortgage Finance 4 Plc & Ors v Hussain [2022] EWHC 449 (Ch) (02 March 2022)

DC Comics (Partnership) v Unilever Global IP Ltd [2022] EWHC 434 (Ch) (02 March 2022)

Preston v Beaumont [2022] EWHC 440 (Ch) (01 March 2022)

De Weyer Ltd, Re [2022] EWHC 395 (Ch) (01 March 2022)

Hoegh & Anor v Taylor Wessing LLP & Anor [2022] EWHC 392 (Ch) (28 February 2022)

Competition and Markets Authority v Truly Holdings Ltd & Ors [2022] EWHC 386 (Ch) (28 February 2022)

Burnford & Ors v Automobile Association Developments Ltd [2022] EWHC 368 (Ch) (28 February 2022)

High Court (Commercial Court)

Consulting Concepts International Inc v Consumer Protection Association (Saudi Arabia) [2022] EWHC 461 (Comm) (03 March 2022)

Suppipat & Ors v Siam Commercial Bank Public Company Ltd & Ors [2022] EWHC 381 (Comm) (02 March 2022)

The Republic of Mozambique v Credit Suisse International & Ors [2022] EWHC 429 (Comm) (28 February 2022)

High Court (Queen’s Bench Division)

Young v Chief Constable of the Warwickshire Police & Anor (Costs) [2022] EWHC 447 (QB) (02 March 2022)

Klifa v Slater & Anor [2022] EWHC 427 (QB) (28 February 2022 (1130am))

Law By Design Ltd v Ali [2022] EWHC 426 (QB) (28 February 2022)

Rafique & Anor v The Association of Community Organisations for Reform Now Ltd & Anor [2022] EWHC 414 (QB) (28 February 2022)