11/03/2022 – Current Awareness

Recent Statutory Instruments – legislation.gov.uk

Posted March 11th, 2022 in legislation by tracey

SI 2022/271 – The Customs (Import and Export Declarations) (Amendment) Regulations 2022

SI 2022/266 – The Residential Property Developer Tax (Allocation of Allowance) Regulations 2022

SI 2022/259 – The Occupational Pension Schemes (Fraud Compensation Levy) (Amendment) Regulations 2022

SI 2022/257 – The Universal Credit (Energy Rebate Scheme Disregard) Regulations 2022

SI 2022/247 – The Government Resources and Accounts Act 2000 (Estimates and Accounts) Order 2022

SI 2022/240 – The Merchant Shipping (Light Dues) (Amendment) Regulations 2022

SI 2022/235 – The Immigration and Asylum Act 1999 (Part 5 Exemption: Licensed Sponsors) Order 2022

SI 2022/264 – The Trade Union (Power of the Certification Officer to Impose Financial Penalties) Regulations 2022

SI 2022/262 – The Passenger, Crew and Service Information (Civil Penalties) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: recent Decisions

Posted March 11th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Yilmaz & Anor v Secretary of State for the Home Department [2022] EWCA Civ 300 (10 March 2022)

Cheshire Cavity Storage 1 Ltd & Anor v Commissioners for Her Majesty’s Revenue and Customs [2022] EWCA Civ 305 (10 March 2022)

D, Re (Leave to Apply to Revoke Placement Orders) [2022] EWCA Civ 299 (10 March 2022)

High Court (Administrative Court)

Harris & Anor v Environment Agency [2022] EWHC 508 (Admin) (10 March 2022)

High Court (Queen’s Bench Division)

Packham v Wightman & Ors (Preliminary Issues) [2022] EWHC 482 (QB) (10 March 2022)

Source: www.bailii.org

Why The Human Rights Act Matters To The Rule of Law – Each Other

Posted March 11th, 2022 in human rights, news, rule of law by tracey

‘The rule of law is one of the most frequently invoked yet least understood ideas of legal and political thought. But it is not just lawyers and politicians who have an interest in it. It affects everyday issues and everyone has a stake in the rule of law.’

Each Other, 10th March 2022

Source: eachother.org.uk

Failure to remove claims – the Osman test – Local Government Lawyer

Posted March 11th, 2022 in domestic violence, families, local government, news, statutory duty by tracey

‘Jack Harding examines case law on failure to remove claims and the application of the Osman test in the context of domestic violence.’

Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Roderick Morton examines a High Court appeal against an inspector’s decision refusing a lawful development certificate (LDC) for stationing of mobile homes on a caravan site for permanent occupation. – Local Government Lawyer

Posted March 11th, 2022 in housing, local government, news, time limits by tracey

‘In St Anne’s Court Dorset Limited v SSHCLG and Dorset Council [2021] EWHC 2954 (QB) permission was granted in 1980 for use of the appeal site as a “site for touring caravans”. Conditions required that not more than 15 “touring camping units” could be stationed on the site, that a 2-week time limit applied to any stay, that the site could only be used seasonally between 1 March and 31 October and that no “camping units” could be used as permanent residential units.’

Local Government Lawyer, 11th March 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Assets of community value – House of Commons Library

Posted March 11th, 2022 in assets of community value, local government, news, parliament by tracey

‘This briefing paper outlines the the “community right to bid” for “assets of community value”, introduced into England by the Localism Act 2011. It also covers other community powers regarding land and property, including community asset transfer, the Right to Contest, and equivalent provisions in Scotland and Wales.’

House of Commons Library , 10th March 2022

Source: commonslibrary.parliament.uk

Home Secretary appoints chair to Sturgess inquiry – Home Office

Posted March 11th, 2022 in government departments, inquiries, news, poisoning, Russia, unlawful killing by tracey

‘Today, the Home Secretary has announced that Lord Hughes of Ombersley will chair the inquiry into the death of Dawn Sturgess, who died in July 2018 following exposure to the nerve agent Novichok.’

Home Office, 10th March 2022

Source: www.gov.uk

Capacity to litigate – Family Law

Posted March 11th, 2022 in appeals, Court of Protection, judges, mental health, news by tracey

‘The Court of Appeal has considered the question of whether it is fair and appropriate for a Court of Protection Judge to visit the person who lacks mental capacity and about whom the Judge is being asked to make a best interest decision.’

Family Law, 10th March 2022

Source: www.familylaw.co.uk

Surrogacy: the current law and proposals for reform – Family Law

Posted March 11th, 2022 in bills, children, families, news, surrogacy by tracey

‘The number of people choosing surrogacy as a way to parenthood is increasing. Whilst it is difficult to know exactly how many surrogacy cases there have been in recent years, the number of applications for parental orders, which is the order required to recognise intended parents as a child’s legal parents, is growing. With this growth have come calls for reform to surrogacy laws, which many say are outdated and do not reflect current attitudes and lifestyles.’

Family Law, 10th March 2022

Source: www.familylaw.co.uk

Firm fined almost £100,000 over ransomware attack – Law Society’s Gazette

Posted March 11th, 2022 in computer crime, data protection, fines, law firms, news, privacy by tracey

‘Criminal defence firm Tuckers Solicitors has been fined £98,000 after failing to secure sensitive court bundles that were later published on the dark web and held to ransom by organised criminals.’

Law Society's Gazette, 10th March 2022

Source: www.lawgazette.co.uk

Teaching assistant who had sex with 14-year-old pupil in supermarket car park is jailed – The Independent

Posted March 11th, 2022 in abuse of position of trust, child abuse, children, imprisonment, news, school children, sentencing, sexual grooming, sexual offences by tracey

‘A teaching assistant who had sex with a 14-year-old pupil in a supermarket car park has been jailed for six years.’

The Independent, 10th March 2022

Source: www.independent.co.uk

Watchdog tells police bosses to stop declaring thoughts are crimes – The Independent

Posted March 11th, 2022 in criminal justice, hate crime, news, ombudsmen, police by tracey

‘There is “no such thing as a thought crime”, the outgoing chief inspector of constabulary said as he told police bosses they “enforce the law, they do not make it”.’

The Independent, 10th March 2022

Source: www.independent.co.uk

Boris Johnson’s push to recruit 20,000 more police increased risk of ‘unsuitable’ officers, watchdog finds – The Independent

Posted March 11th, 2022 in disciplinary procedures, government departments, news, ombudsmen, police by tracey

‘Risks that racist and misogynist police could slip through checks were increased by the government’s push to rapidly recruit 20,000 extra officers, a watchdog has found.’

The Independent, 11th March 2022

Source: www.independent.co.uk

Bristol woman who hit officer with skateboard during protest jailed – The Guardian

Posted March 11th, 2022 in bills, criminal justice, imprisonment, news, police, sentencing, violent disorder by tracey

‘A woman who hit a police officer on the head with a skateboard during last year’s riot in Bristol has been jailed for five and a half years.’

The Guardian, 10th March 2022

Source: www.theguardian.com

Heavily pregnant woman can have C-section against her will, judge rules – BBC News

Posted March 11th, 2022 in birth, consent, detention, families, family courts, medical treatment, mental health, news, pregnancy by tracey

‘Doctors can perform a Caesarean section against the will of a diabetic woman in her late 20s, a judge has ruled.’

BBC news, 10th March 2022

Source: www.bbc.co.uk

Former Radio 1 DJ Mark Page jailed over Philippines child sexual offences – The Guardian

Posted March 11th, 2022 in abuse of position of trust, charities, child abuse, children, imprisonment, news, sentencing, sexual offences by tracey

‘A former BBC Radio 1 DJ has been jailed for 12 years for arranging to sexually abuse vulnerable children in the Philippines.’

The Guardian, 10th March 2022

Source: www.theguardian.com

UK Covid inquiry draft terms of reference set out – BBC News

Posted March 11th, 2022 in coronavirus, government departments, inquiries, news by tracey

‘The draft terms of reference for the UK public inquiry into the government’s handling of the Covid-19 pandemic have been published.’

BBC News, 11th March 2022

Source: www.bbc.co.uk

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