New Acts –

Posted March 18th, 2022 in judiciary, legislation, national insurance, pensions by tracey

2022 c. 9 – National Insurance Contributions Act 2022

2022 c. 7 – Public Service Pensions and Judicial Offices Act 2022


Recent Statutory Instruments –

Posted March 18th, 2022 in legislation by tracey

SI 2022/322 – The Misuse of Drugs Act 1971 (Amendment) Order 2022

SI 2022/319 – The Judicial Pensions Regulations 2022

SI 2022/318 – The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 2) Regulations 2022

SI 2022/317 – The Health Protection (Coronavirus, International Travel and Operator Liability) (Revocation) (England) Regulations 2022

SI 2022/316 – The National Health Service (Clinical Commissioning Groups) (Amendment) 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


BAILII: Recent Decisions

Posted March 18th, 2022 in law reports by tracey

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)

Optis Cellular Technology LLC & Ors v Apple Retail Uk Ltd & Ors [2022] EWHC 561 (Pat) (15 March 2022)

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)


Right to Work Checks – EIN Blog

Posted March 18th, 2022 in employment, fines, government departments, immigration, news by tracey

‘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.’

Full Story

EIN Blog, 17th March 2022


Trade mark dispute provides lessons on costs, confusion and consent –

Posted March 18th, 2022 in consent, costs, intellectual property, news, trade marks by tracey

‘A recent costs ruling shows that brands should think twice before claiming directors are jointly liable with their company for the infringement of their intellectual property (IP) rights. The costs ruling concerned a dispute over trade mark rights heard recently by the High Court in London. Its judgment in the case, involving rival property management companies Urbanbubble and Urban Evolution, shows how difficult it is for brand owners to rely on evidence purportedly showing actual confusion over who operates their brand, to demonstrate trade mark infringement. It further highlights the care trade mark owners must take when engaging with other brands to avoid inadvertently giving competitors permission to use similar trade marks.’

Full Story, 17th March 2022


Guidance on Applications for Interim Payments – Ropewalk Clinical Negligence Blog

Posted March 18th, 2022 in chambers articles, damages, medical treatment, negligence, news by tracey

‘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.’

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Ropewalk Clinical Negligence Blog, 16th March 2022


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.’

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UK Constitutional Law Association, 16th March 2022


Bott urges solicitors to put all defendants on notice of equitable lien – Legal Futures

Posted March 18th, 2022 in airlines, appeals, compensation, delay, fees, law firms, news, solicitors, Supreme Court by tracey

‘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.’

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Legal Futures, 18th March 2022


Recommendations to allow electronic documents would revolutionise trade – Law Commission

Posted March 18th, 2022 in bills, documents, electronic filing, Law Commission, news by tracey

‘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.’

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Law Commission, 16th March 2022


Firm to take champerty case to Supreme Court – Law Society’s Gazette

Posted March 18th, 2022 in appeals, assignment, champerty, law firms, news, solicitors, Supreme Court by tracey

‘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.’

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Law Society's Gazette, 17th March 2022


Coroner will write to the Government over Emiliano Sala’s illegal ‘grey’ flight – The Independent

Posted March 18th, 2022 in accidents, aircraft, coroners, inquests, licensing, news, sport by tracey

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.

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The Independent, 17th March 2022


80% of UK police accused of domestic abuse kept jobs, figures show – The Guardian

Posted March 18th, 2022 in disciplinary procedures, domestic violence, news, police, statistics by tracey

‘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.’

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The Guardian, 17th March 2022


David Maggs: Man, 71, who killed wife of 28 years in bed as he’d ‘just had enough’ is jailed – The Independent

Posted March 18th, 2022 in domestic violence, married persons, murder, news by tracey

‘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.’

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The Independent, 17th March 2022


Ministers failed to allow parliament opportunity to scrutinise UK Covid laws – The Guardian

Posted March 18th, 2022 in bills, coronavirus, government departments, inquiries, news, parliament by tracey

‘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.’

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The Guardian, 18th March 2022