Can Arslan found guilty of murdering neighbour – BBC News

Posted April 6th, 2022 in expert witnesses, mental health, murder, news by sally

‘A man who subjected his neighbours to years of anti-social behaviour before stabbing one of them to death has been found guilty of murder.’

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BBC News, 5th April 2022


Autistic girl, 14, unlawfully detained in hospital, high court judge finds – The Guardian

Posted April 6th, 2022 in autism, children, detention, hospitals, news, restraint by sally

‘A 14-year-old autistic girl was unlawfully detained in hospital and restrained in front of scared young patients, a high court judge has found.’

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The Guardian, 5th April 2022


Limiting the scope of psychiatric evidence in criminal trials – Case Analysis – R v BRM [2022] EWCA Crim 385 – 4 King’s Bench Walk

‘The case related to the murder of Ollie Stephens, the trial of which occurred at Reading Crown Court in June to July 2021 and was widely reported in the national media. Mr Raggatt and Mr Moss appeared on behalf of BRM, instructed by Heather Howe of Andrew Storch Solicitors, a 14 year-old boy, 13 at the time of the killing, with a longstanding diagnosis of Asperger’s/Autistic Spectrum Disorder (ASD). An intermediary assisted him throughout the trial and during the giving of evidence.’

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4 King's Bench Walk, 1st April 2022


Who Needs to Know? – Devereux Chambers

Posted April 6th, 2022 in chambers articles, disclosure, news by sally

‘When a judge is asked to award an interim payment, should they be told about negotiations to settle? In an article for PI Focus, Rob Hunter and Bethany Sanders of Leigh Day examine what led to the different outcomes in Fryer v London Transport Executive [1982] 11 WLUK 247 Times, December 4, 1982 [1982] C.L.Y and Handyside v Lowery (Newcastle upon Tyne District Registry, 2 April 2015, unreported), and consider whether there are grounds for treating different types of offers differently.’

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Devereux Chambers, 30th March 2022


Dance teacher who ‘bombarded’ boy, 13, with sexual Whatsapp messages after he asked her to stop is spared jail – The Independent

‘A married dance teacher who “bombarded” a 13-year-old boy with sexual messages has been spared jail.’

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The Independent, 5th April 2022


Case Comment: Croydon London Borough Council v Kalonga [2022] UKSC 7 – UKSC Blog

‘Ms Chipo Kalonga (“Ms Kalonga”) was the tenant of a property in Croydon under a flexible tenancy for a fixed term of five years from 25 May 2015 to 24 May 2020 (the “Tenancy Agreement“). Croydon London Borough Council was her landlord (“Croydon“).’

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UKSC Blog, 5th April 2022


New rules on gambling adverts ban celebrities and sports stars – BBC News

Posted April 6th, 2022 in advertising, children, gambling, news, performing arts, regulations, sport by sally

‘Footballers, celebrities and social media influencers will be banned from gambling adverts under new rules.’

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BBC News, 5th April 2022


Class as a protected characteristic? – 12 King’s Bench Walk

Posted April 6th, 2022 in chambers articles, employment, equality, news by sally

‘The social, economic and cultural effects of the pandemic are likely to cast a long shadow into the future, exacerbating existing inequalities and creating new ones. One impact is that social inequality is set to rise. Could social class be protected under the Equality Act 2010, and what would it mean for employees and employers?’

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12 King's Bench Walk, 10th March 2022


Business Rates – Actual Occupation and Preparing Hereditament for Contemplated Use – 33 Bedford Row

Posted April 6th, 2022 in chambers articles, news, rates by sally

‘In determining whether someone with a physical presence on a hereditament is in rateable occupation for the purposes of national non-domestic rating (‘Business Rates’) under section 43(1) of the Local Government Finance Act 1988 (‘LGFA 1988’), it is necessary to determine whether that person satisfies the fourfold test set out in Laing & Sons v Kingswood AC [1949] 1 KB 344 (‘Laing’), at 350.”

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33 Bedford Row, 30th March 2022


Separated Parents: Sharing Parental Responsibility – Becket Chambers

‘Thankfully, most parents who go through the challenges of separation do manage to co-parent and make joint decisions regarding the upbringing of their child or children. Sadly, this is not always the case. The family courts see a large number of cases where in the context of custody or contact disputes, the right to make decisions can become part of the battle ground. The disputes can range from the significant to the relatively trivial.’

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Becket Chambers, 1st April 2022


Man, 24, admits murder of Plymouth teenager Bobbi-Anne McLeod – The Guardian

Posted April 6th, 2022 in guilty pleas, murder, news, young persons by sally

‘A 24-year-old rock musician has admitted murdering 18-year-old Bobbi-Anne McLeod, who disappeared from a bus stop in Devon in November last year.’

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The Guardian, 5th April 2022


New Acts –

Posted April 5th, 2022 in coronavirus, legislation, national insurance, parliament, rent by tracey

2022 c. 12 – Commercial Rent (Coronavirus) Act 2022

2022 c. 11 – Dissolution and Calling of Parliament Act 2022

2022 c. 16 – National Insurance Contributions (Increase of Thresholds) Act 2022


Recent Statutory Instruments –

Posted April 5th, 2022 in law reports by tracey

SI 2022/390 – The Agriculture (Lump Sum Payment) (England) Regulations 2022

SI 2022/389 – The Agriculture (Financial Assistance) (Amendment) Regulations 2022

SI 2022/383 – The Flood Reinsurance (Amendment) Regulations 2022

SI 2022/396 – The Commissioner for Patient Safety (Appointment and Operation) (England) Regulations 2022

SI 2022/393 – The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) Regulations 2022

SI 2022/401 – The Electricity Supplier Payments (Amendment) Regulations 2022

SI 2022/399 – The Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2022

SI 2022/398 – The National Security and Investment Act 2021 (Prescribed Form and Content of Notices and Validation Applications) (Amendment) Regulations 2022

SI 2022/397 – The Early Legal Advice Pilot Scheme Order 2022

SI 2022/392 – The Registered Pension Schemes (Miscellaneous Amendments) Regulations 2022

SI 2022/382 – The National Minimum Wage (Amendment) Regulations 2022

SI 2022/369 – The Education (Induction Arrangements for School Teachers) (England) (Coronavirus) (Amendment) Regulations 2022

SI 2022/405 – The Valuation for Rating (Plant and Machinery) (England) (Amendment) Regulations 2022

SI 2022/404 – The National Health Service (General Medical Services Contracts and Personal Medical Services Agreements) (Amendment) Regulations 2022

SI 2022/414 – The Trade Remedies (Miscellaneous Amendments) Regulations 2022

SI 2022/413 – The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2022

SI 2022/377 – The Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022


BAILII: Recent Decisions

Posted April 5th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Soteria Insurance Ltd v IBM United Kingdom Ltd [2022] EWCA Civ 440 (04 April 2022)

Biden v Waverley Borough Council [2022] EWCA Civ 442 (01 April 2022)

QH (Afghanistan) v Secretary of State for the Home Department [2022] EWCA Civ 421 (01 April 2022)

Samsung Electronics Co. Ltd & Ors v LG Display Co Ltd & Anor [2022] EWCA Civ 423 (01 April 2022)

Chalk & Anor, R. v [2022] EWCA Crim 433 (31 March 2022)

Amin, R (on the application of) v Secretary of State for the Home Department [2022] EWCA Civ 439 (31 March 2022)

Qatar Investment and Project Development Holding Company & Anor v Phoenix Ancient Art SA (Rev1) [2022] EWCA Civ 422 (30 March 2022)

Court of Appeal (Criminal Division)

BIH, AWW & BIZ v R. [2022] EWCA Crim 447 (4 April 2022)

Richards, R v [2022] EWCA Crim 247 (4 April 2022)

Abdulahi, R v [2022] EWCA Crim 412 (4 April 2022)

Lam v R. [2022] EWCA Crim 448 (01 April 2022)

White & Anor v Post Office Ltd [2022] EWCA Crim 435 (31 March 2022)

High Court (Administrative Court)

JZ, R (On the Application Of) v Secretary of State for Foreign, Commonwealth and Development Affairs & Ors [2022] EWHC 771 (Admin) (01 April 2022)

LB (A Child), R (On the Application Of) v Surrey County Council [2022] EWHC 772 (Admin) (01 April 2022)

JS v Cardiff City Council [2022] EWHC 707 (Admin) (01 April 2022)

Ramaswamy v General Medical Council [2022] EWHC 732 (Admin) (31 March 2022)

Veeravalli v General Medical Council [2022] EWHC 747 (Admin) (31 March 2022)

Kessie-Adjei, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 722 (Admin) (30 March 2022)

Director of Public Prosecutions v Cuciurean [2022] EWHC 736 (Admin) (30 March 2022)

High Court (Chancery Division)

Safari Holding Verwaltungs GmbH, Re [2022] EWHC 781 (Ch) (04 April 2022)

Jennison & Anor v Jennison [2022] EWHC 792 (Ch) (04 April 2022)

Malik v The National Bank of Ras-Al-Khaimah [2022] EWHC 716 (Ch) (04 April 2022)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 775 (Ch) (01 April 2022)

Changtel Solutions UK Ltd, Re [2022] EWHC 694 (Ch) (01 April 2022)

PJP (NE) Ltd v Taylor [2022] EWHC 709 (Ch) (01 April 2022)

Sky Apartments 2018 Ltd, Re [2022] EWHC 763 (Ch) (01 April 2022)

Saurymper & Anor v Fishman Brand Stone (a firm) [2022] EWHC 752 (Ch) (31 March 2022)

Bilta (UK) Ltd & Ors v SVS Securities plc & Ors [2022] EWHC 723 (Ch) (31 March 2022)

Johnson v Spooner [2022] EWHC 735 (Ch) (31 March 2022)

HRH Prince Hussam Bin Saud Bin Abdulaziz Al Saud v Mobile Telecommunications Company KSCP (Rev1) [2022] EWHC 744 (Ch) (31 March 2022)

Quay House Admirals Way Land Ltd & Anor v Rockwell Properties Ltd [2022] EWHC 742 (Ch) (30 March 2022)

Quantum Care Ltd & Anor v Modi [2022] EWHC 721 (Ch) (30 March 2022)

Smile Telecoms Holdings Ltd, Re (Part 26a of the Companies Act 2006) [2022] EWHC 740 (Ch) (30 March 2022)

Anan Kasei Co Ltd & Anor v Neo Chemicals & Oxides (Europe) Ltd & Ors [2022] EWHC 708 (Ch) (29 March 2022)

High Court (Commercial Court)

Abu Dhabi Commercial Bank Pjsc v Shetty & Ors [2022] EWHC 529 (Comm) (01 April 2022)

Chep Equipment Pooling BV v ITS Ltd & Ors [2022] EWHC 741 (Comm) (01 April 2022)

Prakash Industries Ltd v Peter Beck Und Partner Vermogensverwaltung GmbH [2022] EWHC 754 (Comm) (01 April 2022)

Africa Finance Corporation & Ors v Aiteo Eastern E & P Company Ltd [2022] EWHC 768 (Comm) (01 April 2022)

Al Saud & Anor v Gibbs & Anor [2022] EWHC 706 (Comm) (30 March 2022)

Rolls-Royce Holdings Plc v Goodrich Corporation [2022] EWHC 745 (Comm) (30 March 2022)

High Court (Family Division)

V & W, Re (Hague Return Order, Lithuania) [2022] EWHC 739 (Fam) (30 March 2022)

High Court (Patents Court)

Commscope Technologies LLC v SOLiD Technologies, Inc [2022] EWHC 769 (Pat) (01 April 2022)

High Court (Queen’s Bench Division)

Privacy International, R (On the Application Of) v Investigatory Powers Tribunal [2022] EWHC 770 (QB) (04 April 2022)

Braintree District Council v Wilson & Ors [2022] EWHC 753 (QB) (01 April 2022)

Jenkinson v Robertson (Rev1) [2022] EWHC 791 (QB) (31 March 2022)

Lombard North Central Plc v European Skyjets Ltd [2022] EWHC 728 (QB) (30 March 2022)

Chief Constable of Kent Police & Anor v Taylor [2022] EWHC 737 (QB) (30 March 2022)

Wilson v Mendelsohn & Ors [2022] EWHC 715 (QB) (30 March 2022)

Vakharia & Ors v Bukowski & Anor [2022] EWHC 673 (QB) (25 March 2022)


Suitability, enquiries, gender reassignment and the public sector equality duty – Nearly Legal

Posted April 5th, 2022 in disabled persons, equality, homelessness, housing, news, transgender persons by sally

‘An interesting Court of Appeal decision on the sufficiency of enquiries to establish suitability of accommodation offered in discharge of section 189B Housing Act 1986 duty where the homeless person has the protected characteristics of disability and gender reassignment.’

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Nearly Legal, 3rd April 2022


Court of Appeal rejects appeal over sufficiency of inquiries made by housing options manager – Local Government Lawyer

Posted April 5th, 2022 in disabled persons, equality, homelessness, housing, news, transgender persons by sally

‘The Court of Appeal has dismissed an appeal over the sufficiency of inquiries made by a borough council to determine the suitability of accommodation offered to a homeless applicant with ‘protected characteristics’ of disability and gender reassignment.’

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Local Government Lawyer, 4th April 2022


Human rights watchdog publishes single-sex spaces guide – BBC News

Posted April 5th, 2022 in domestic violence, equality, news, transgender persons by sally

‘Services such as bathrooms and domestic abuse refuges can be single sex in certain circumstances, Britain’s human rights body has said in new guidance.’

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BBC News, 4th April 2022


Case Comment: Bott & Co Solicitors v Ryanair DAC [2022] UKSC 8 – UKSC Blog

Posted April 5th, 2022 in airlines, compensation, delay, fees, news, solicitors, Supreme Court by sally

‘The case brought by Bott & Co Solicitors (“Bott”) against Ryanair DAC (“Ryanair”) concerns the extent of the solicitor’s equitable lien, a remedy that has been recognised by the courts for over two hundred years.’

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UKSC Blog, 1st April 2022


Prosecutors given new guidance to prevent ‘myths’ from stopping domestic abuse charges – The Independent

Posted April 5th, 2022 in Crown Prosecution Service, domestic violence, news, prosecutions by sally

‘Prosecutors are to be given new guidance on domestic abuse cases that aims to tackle “myths and stereotypes” that can stop perpetrators being charged.’

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The Independent, 4th April 2022


Case Preview: Harpur Trust v Brazel – UKSC Blog

Posted April 5th, 2022 in EC law, holiday pay, news, part-time work, Supreme Court, working time by sally

‘On 9 November 2021, the Supreme Court heard the appeal in Harpur Trust v Brazel. The forthcoming decision is expected to provide some much-needed clarity on how employers should approach calculating annual leave entitlement and pay for workers who work irregular hours, including those workers on zero hours contracts.’

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UKSC Blog, 1st April 2022