March 2022 – Page 6 – Current Awareness

Recent Statutory Instruments – legislation.gov.uk

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

Source: www.legislation.gov.uk

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)

Source: www.bailii.org

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.’

EIN Blog, 17th March 2022

Source: www.ein.org.uk

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.’

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

Posted March 18th, 2022 in constitutional law, extraterritoriality, human rights, Ministry of Justice, news by tracey

‘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

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.’

Legal Futures, 18th March 2022

Source: www.legalfutures.co.uk

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.’

Law Commission, 16th March 2022

Source: www.lawcom.gov.uk

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.’

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

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.

The Independent, 17th March 2022

Source: www.independent.co.uk

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.’

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

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.’

The Independent, 17th March 2022

Source: www.independent.co.uk

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.’

The Guardian, 18th March 2022

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted March 17th, 2022 in accounts, legislation, public procurement by tracey

2022 c. 8 – Supply and Appropriation (Anticipation and Adjustments) Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 17th, 2022 in legislation by tracey

SI 2022/296 – The Immigration and Nationality and Immigration Services Commissioner (Fees) (Amendment) Regulations 2022

SI 2022/295 – The Marriages and Civil Partnerships (Approved Premises) (Amendment) Regulations 2022

SI 2022/291 – The Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment) Regulations 2022

SI 2022/286 – The Taxation of Banks (Amendments to the Corporation Tax Act 2009, Corporation Tax Act 2010 and Finance Act 2011) Regulations 2022

SI 2022/313 – The Social Security Contributions (Freeports) Regulations 2022

SI 2022/312 – The Tribunal Procedure (Amendment) Rules 2022

SI 2022/307 – The National Insurance Contributions Act 2022 (Application of Part 1) Regulations 2022

SI 2022/303 – The Police Act 1997 (Criminal Records) (Amendment) Regulations 2022

SI 2022/301 – The Education (Student Loans) (Repayment) (Amendment) Regulations 2022

SI 2022/300 – The Social Security (Contributions) (Amendment) Regulations 2022

SI 2022/298 – The Social Security (Medical Evidence) and Statutory Sick Pay (Medical Evidence) (Amendment) Regulations 2022

SI 2022/283 – The Divorce, Dissolution and Separation Act 2020 (Commencement) Regulations 2022

SI 2022/276 – The Social Security Contributions (Disregarded Payments) (Coronavirus) Regulations 2022

SI 2022/275 – The Finance Act 2021 (Modification of Section 26) (Coronavirus) Regulations 2022

SI 2022/302 – The Welfare Reform Act 2012 (Commencement No. 34 and Commencement No. 9, 21, 23, 31 and 32 and Transitional and Transitory Provisions (Amendment)) Order 2022

SI 2022/293 – The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 17th, 2022 in law reports by tracey

Supreme Court

Bott & Co Solicitors Ltd v Ryanair DAC [2022] UKSC 8 (16 March 2022)

Court of Appeal (Civil Division)

MD & Anor v Secretary of State for the Home Department [2022] EWCA Civ 336 (16 March 2022)

Zubaydah v Foreign And Commonwealth Office & Ors [2022] EWCA Civ 334 (16 March 2022)

GA v Secretary of State for the Home Department [2022] EWCA Civ 304 (15 March 2022)

Revenue And Customs v Perfect [2022] EWCA Civ 330 (15 March 2022)

Court of Appeal (Criminal Division)

Field, R. v [2022] EWCA Crim 316 (16 March 2022)

Rabani v R. [2022] EWCA Crim 325 (15 March 2022)

High Court (Administrative Court)

Article 39, R (On the Application Of) v Secretary of State for Education [2022] EWHC 589 (Admin) (16 March 2022)

AHN, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 582 (Admin) (16 March 2022)

Friends Of The Earth Ltd, R. (On the Application Of) v The Secretary of State for International Trade Export Credits Guarantee Department (UK Export Finance) (“UKEF”) & Anor [2022] EWHC 568 (Admin) (15 March 2022)

High Court (Chancery Division)

Duneau v Klimt Invest SA & Ors [2022] EWHC 596 (Ch) (17 March 2022)

Unicredit Bank AG v Euronav NV [2022] EWHC 564 (Comm) (15 March 2022)

Catalyst Investment Group Ltd (Now Dissolved) & Ors v Lewinsohn & Ors [2022] EWHC 522 (Ch) (15 March 2022)

All Scheme Ltd, Re [2022] EWHC 549 (Ch) (15 March 2022)

High Court (Commercial Court)

Geoquip Marine Operations AG v Tower Resources Cameroon SA & Anor [2022] EWHC 531 (Comm) (16 March 2022)

High Court (Queen’s Bench Division)

Rafiq v Thurrock Borough Council [2022] EWHC 584 (QB) (16 March 2022)

Lambert v Motor Insurers’ Bureau (Rev1) [2022] EWHC 583 (QB) (16 March 2022)

Source: www.bailii.org

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

Posted March 17th, 2022 in anonymity, brexit, judicial review, ministers' powers and duties, news, public interest by tracey

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Judge condemns “clearest breach” of witness statement rules – Legal Futures

Posted March 17th, 2022 in civil procedure rules, news, practice directions, witnesses by tracey

‘A High Court judge has condemned the “clearest case of failure to comply” with a new practice direction on witness statements that he had seen since it came into force last April.’

Legal Futures, 17th March 2022

Source: www.legalfutures.co.uk

Research Briefing: Statutory public inquiries: the Inquiries Act 2005 – House of Commons Library

Posted March 17th, 2022 in inquiries, news by tracey

‘A briefing paper explaining the Inquiries Act 2005, issues arising from the holding of statutory public inquiries, and summary notes on the progress of active statutory inquiries.’

House of Commons Library, 14th March 2022

Source: commonslibrary.parliament.uk

Peterborough: Judge rules woman with bleed on brain is dead – BBC News

Posted March 17th, 2022 in families, hospitals, medical treatment, news by tracey

‘A judge has ruled that a woman who suffered a brain haemorrhage is dead after a case at the High Court.’

BBC News, 16th March 2022

Source: www.bbc.co.uk

«
1
2
3
4
5
6
7
8
9
10
11
…
15
»

Categories

Archives