Day: 18 March 2022
Recent Statutory Instruments – legislation.gov.uk
SI 2022/322 – The Misuse of Drugs Act 1971 (Amendment) Order 2022
SI 2022/319 – The Judicial Pensions Regulations 2022
SI 2022/294 – The Personal Injuries (Civilians) Scheme (Amendment) Order 2022
SI 2022/267 – The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2022
SI 2022/320 – The Teachers’ Pension Scheme (Amendment) Regulations 2022
SI 2022/308 – The Cathedrals Measure 2021 (Saving Provision) Order 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
EOG & Anor v Secretary of State for the Home Department [2022] EWCA Civ 307 (17 March 2022)
High Court (Administrative Court)
COL v Director of Public Prosecutions [2022] EWHC 601 (Admin) (17 March 2022)
High Court (Chancery Division)
Zumax Nigeria Ltd v First City Monument Bank Plc (Rev1) [2022] EWHC 604 (Ch) (17 March 2022)
High Court (Commercial Court)
IS Prime Ltd v TF Global Markets (UK) Ltd & Ors [2022] EWHC 605 (Comm) (17 March 2022)
High Court (Patents Court)
High Court (Queen’s Bench Division)
Ayannuga & Ors v One Shot Products Ltd [2022] EWHC 590 (QB) (17 March 2022)
High Court (Technology and Construction Court)
Smith & Anor v Howard & Anor [2022] EWHC 562 (TCC) (16 March 2022)
Source: www.bailii.org
Right to Work Checks – EIN Blog
‘The Home Office has recently published information about civil penalties that were imposed between 1 July to 30 September 2021. Civil penalties are imposed on organisations which have employed an individual who does not have permission to work. If found to be employing workers who do not have the right to work, employers can face a penalty of up to £20,000 per worker. During the 3-month period that the Home Office’s guidance covers, 8 civil penalties were imposed on employers in the North West of England.’
EIN Blog, 17th March 2022
Source: www.ein.org.uk
Guidance on Applications for Interim Payments – Ropewalk Clinical Negligence Blog
‘In complex clinical negligence cases involving substantial damages and an uncertain prognosis, there is often an urgency on the part of claimants to access funds so as to procure immediate needs such as; treatment, care and suitable accommodation. There are two hurdles to that end goal, however: establishing liability, and the sheer length of time that it is now taking for matters to proceed through the courts to a final conclusion. Undoubtedly, the impact of the pandemic has not helped the latter obstacle, and indeed, has made it even more of a concern than it was before. In clinical negligence claims, cases are often case managed with elongated timetables to trial to allow for the gathering of expert opinion on both sides, joint statements etc.’
Ropewalk Clinical Negligence Blog, 16th March 2022
Source: www.ropewalk.co.uk
Conall Mallory: Beyond Fantasy Island: The British solution to the extraterritorial conundrum – UK Constitutional Law Association
‘Addressing the extraterritorial application of the ECHR has emerged as one of the priorities in the UK Government’s pursuit of ‘updating’ human rights law. In recent months, the outline of an ostensible solution to the challenge posed by extraterritorial obligations has taken shape. In December, Justice Secretary Dominic Raab stated the issue was one the Government would “seek to address with partners in Strasbourg”. The Independent Human Rights Act Review (IHRAR) took a similar approach, suggesting a settlement at the Council of Europe, augmented by judicial dialogue. Simultaneously the Ministry of Justice consultation on replacing the HRA with a Bill of Rights sought input on how best to take the issue forward for a state-based solution. At the end of February Robert Buckland, the former Justice Secretary, gave a lecture where he called upon the government to take the issue to Strasbourg for a new protocol.’
UK Constitutional Law Association, 16th March 2022
Source: ukconstitutionallaw.org
Bott urges solicitors to put all defendants on notice of equitable lien – Legal Futures
‘Litigators should now put defendants on notice at the start of any matter that they will enforce an equitable lien if necessary, the senior partner of Bott & Co has advised.’
Legal Futures, 18th March 2022
Source: www.legalfutures.co.uk
Recommendations to allow electronic documents would revolutionise trade – Law Commission
‘The Law Commission has today published its recommendations and draft legislation to allow for the legal recognition of electronic versions of trade documents such as bills of lading and bills of exchange.’
Law Commission, 16th March 2022
Source: www.lawcom.gov.uk
Firm to take champerty case to Supreme Court – Law Society’s Gazette
‘A London commercial firm will ask the Supreme Court to develop the common law of champerty after an appeal over the assignment of its now-deceased client’s claim was dismissed.’
Law Society's Gazette, 17th March 2022
Source: www.lawgazette.co.uk
Coroner will write to the Government over Emiliano Sala’s illegal ‘grey’ flight – The Independent
A coroner will be writing to the Government and the sports industry with her concerns about illegal “grey” passenger flights following the death of footballer Emiliano Sala.
The Independent, 17th March 2022
Source: www.independent.co.uk
80% of UK police accused of domestic abuse kept jobs, figures show – The Guardian
‘More than 1,000 police officers and staff accused of domestic abuse are still serving in law enforcement, new figures show. Eight out of 10 kept their jobs after the allegations were made, with a small fraction being disciplined or dismissed.’
The Guardian, 17th March 2022
Source: www.theguardian.com
David Maggs: Man, 71, who killed wife of 28 years in bed as he’d ‘just had enough’ is jailed – The Independent
‘A man who stabbed his wife more than 15 times as she lay in bed has been jailed for life, with a minimum term of twenty years, for her murder.’
The Independent, 17th March 2022
Source: www.independent.co.uk
Ministers failed to allow parliament opportunity to scrutinise UK Covid laws – The Guardian
‘Ministers failed to allow parliament enough opportunity to scrutinise the sweeping laws passed to tackle the Covid pandemic, according to a cross-party committee of MPs.’
The Guardian, 18th March 2022
Source: www.theguardian.com
