Recent Statutory Instruments – legislation.gov.uk

Posted May 27th, 2022 in legislation by michael

SI 2022/592 – The Green Gas Support Scheme (Amendment) Regulations 2022

SI 2022/591 – The Integrated Care Boards (Nomination of Ordinary Members) Regulations 2022

SI 2022/589 – The Air Navigation (Restriction of Flying) (Revocation) (No. 2) Regulations 2022

SI 2022/588 – The Customs (Export Declarations) (Amendment) Regulations 2022

SI 2022/587 – The Automated and Electric Vehicles Act 2018 (Commencement No. 2) Regulations 2022

Source: legislation.gov.uk

BAILII: Recent Decisions

Posted May 27th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics (UK) Ltd & Anor [2022] EWCA Civ 699 (27 May 2022)

The Secretary of State for the Home Department v Akter & Ors [2022] EWCA Civ 741 (27 May 2022)

High Court (Administrative Court)

Garrett, R (On the Application Of) v Legal Aid Agency [2022] EWHC 1258 (Admin) (27 May 2022)

Hiley v The Secretary of State for Levelling Up, Housing And Communities & Anor [2022] EWHC 1289 (Admin) (27 May 2022)

Pancu v Judicial Authority for Romania [2022] EWHC 1287 (Admin) (27 May 2022)

Secretary of State for Justice, R (On the Application Of) v The Parole Board Of England And Wales & Anor [2022] EWHC 1282 (Admin) (27 May 2022)

Hawker v The Health And Care Professions Council [2022] EWHC 1228 (Admin) (27 May 2022)

Green & Ors v Metropolitan Police Commissioner [2022] EWHC 1286 (Admin) (27 May 2022)

Gurskis v Latvian Judicial Authority [2022] EWHC 1305 (Admin) (27 May 2022)

High Court (Chancery Division)

Ras Al Khaimah Investment Authority v Azima [2022] EWHC 1295 (Ch) (27 May 2022)

High Court (Commercial Court)

Kinled Investments Ltd v Zopa Group Ltd [2022] EWHC 1194 (Comm) (27 May 2022)

High Court (Queen’s Bench Division)

Camberley Group & Ors v Foster & Ors [2022] EWHC 1309 (QB) (27 May 2022)

High Court (Technology & Construction Court)

Standard Life Assurance Lid v Gleeds (UK) (a firm) & Ors [2022] EWHC 1310 (TCC) (27 May 2022)

Tjd Trade Limited v Bam Construction Limited [2022] EWHC 1285 (TCC) (26 May 2022)

Source: www.bailii.org

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in news by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

Full Story

UKSC Blog, 25th May 2022

Source: ukscblog.com

Lessons in dishonesty – 1 Crown Office Row

Posted May 27th, 2022 in news by sally

‘Are there lessons to be learned from three recent High Court decisions concerning allegations of dishonesty? It is instructive that the cases involved the three types of appeal that can bring a disciplinary/regulatory case before the High Court.’

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1 Crown Office Row, 24th May 2022

Source: 1corqmlr.com

Margaret Thatcher statue egg-thrower Jeremy Webster fined – BBC News

Posted May 27th, 2022 in news by sally

‘A university arts chief who threw eggs at a statue of Margaret Thatcher within hours of its installation has been fined £90.’

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BBC News, 26th May 2022

Source: www.bbc.co.uk

Supreme Court maintains SRA costs protection for failed prosecutions – Legal Futures

Posted May 27th, 2022 in news by sally

‘The Supreme Court has upheld the principle that costs should only be awarded against the Solicitors Regulation Authority (SRA) in unsuccessful prosecutions where there is good reason to do so.’

Full Story

Legal Futures, 26th May 2022

Source: www.legalfutures.co.uk

CPS guidance ‘makes things worse’ for rape survivors, victims’ commissioner says – The Guardian

Posted May 27th, 2022 in news by sally

‘New guidance designed to give rape victims confidence to get therapy before their trial “makes things worse” for survivors and lessened their protections, according to the victims’ commissioner, Vera Baird.’

Full Story

The Guardian, 26th May 2022

Source: www.theguardian.com

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in news by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

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Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

New rules to protect sex assault victims’ privacy – BBC News

Posted May 27th, 2022 in news by sally

‘Victims of sexual offences have been promised less invasion into their private lives under changes to how evidence is gathered for trials.’

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BBC News, 26th May 2022

Source: www.bbc.co.uk

Courts send different messages to lawyers over witness statements – Legal Futures

Posted May 27th, 2022 in news by sally

‘The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.’

Full Story

Legal Futures, 27th May 2022

Source: www.legalfutures.co.uk

Joint Enterprise: Does Conviction By Association Pose A Risk To Human Rights? – Each Other

Posted May 27th, 2022 in news by sally

‘ “Joint enterprise” is a common law doctrine according to which an individual can be jointly convicted of the crime of another. It is a feature of law that has been misinterpreted for over 30 years. Now, the Crown Prosecution Service (CPS) and the Ministry of Justice (MOJ) may face legal action for breaching their duties under the Equality Act 2010 by failing to record data on joint enterprise prosecutions.’

Full Story

Each Other, 26th May 2022

Source: eachother.org.uk

BAILII: Recent Decisions

Posted May 26th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Farrer & Co LLP v Meyer [2022] EWCA Civ 706 (26 May 2022)

Court of Appeal (Criminal Division)

R v Camara [2022] EWCA Crim 542 (25 May 2022)

R v Wilkes [2022] EWCA Crim 525 (25 May 2022)

High Court (Administrative Court)

Price v Crown Prosecution Service [2022] EWHC 1278 (Admin) (26 May 2022)

JD v Secretary of State for Justice [2022] EWHC 1238 (Admin) (25 May 2022)

United States of America v Al-Sarbel [2022] EWHC 1294 (Admin) (25 May 2022)

High Court (Chancery Division)

Ortho Clinical Diagnostics Holdings Plc, Re [2022] EWHC 1283 (Ch) (26 May 2022)

Tohidi v Estridge [2022] EWHC 1237 (Ch) (26 May 2022)

Turner & Ors v Thomas & Anor [2022] EWHC 1239 (Ch) (26 May 2022)

Bourlakova v Bourlakov [2022] EWHC 1269 (Ch) (26 May 2022)

Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) (25 May 2022)

High Court (Queen’s Bench Division)

ST v The Chief Constable of Nottinghamshire Police [2022] EWHC 1280 (QB) (26 May 2022)

High Court (Technology & Construction Court)

Northumbria Healthcare NHS Foundation Trust & Anor v Lendlease Construction (Europe) Ltd & Anor [2022] EWHC 1266 (TCC) (25 May 2022)

Source : www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted May 26th, 2022 in legislation by michael

SI 2022/584 – The Sentencing Act 2020 (Surcharge) (Amendment) Regulations 2022

SI 2022/581 – The Immigration and Nationality (Fees) (Amendment) Regulations 2022

SI 2022/578 – The Leasehold Reform (Ground Rent) (Business Lease Notices) Regulations 2022

Source: www.legislation.gov.uk

Nurse fined £10k over NHS pay protest in lockdown wins compensation – The Guardian

Posted May 26th, 2022 in compensation, coronavirus, demonstrations, fines, news, penalties, police, regulations by sally

‘Two NHS nurses have won compensation from Greater Manchester police (GMP) after being fined over a socially distant protest about NHS pay during lockdown.’

Full Story

The Guardian, 25th May 2022

Source: www.theguardian.com

What does UK law say about sexual harassment in the workplace? – OUP Blog

Posted May 26th, 2022 in employment, equality, harassment, news, vicarious liability by sally

‘An MP watching porn in the House of Commons and inappropriate comments made about the deputy leader of the Labour party’s legs: not even the place where our legislation is made appears to be immune from the issue of sexual harassment in the workplace.’

Full Story

OUP Blog, 25th May 2022

Source: blog.oup.com

Case Preview: DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland) – UKSC Blog

Posted May 26th, 2022 in news, Scotland, Supreme Court, time limits, VAT by sally

‘DCM is an optician that sells spectacles and provides refractive eye surgery services. Under the value added tax regime, it makes both taxable supplies of goods and exempt supplies of medical services. The dual nature of its supplies creates difficulties in calculating the amount of VAT chargeable on its supplies and input tax recoverable on its acquisitions. In fact, from at least 2000, DCM had been in dispute with HMRC over a different input tax and output tax related issue.’

Full Story

UKSC Blog, 25th May 2022

Source: ukscblog.com

How Deportation Flights Affect Our Human Rights – Each Other

Posted May 26th, 2022 in deportation, human rights, immigration, news by sally

‘Last Wednesday, the UK government deported seven Jamaican nationals living in the UK. Under the UK Borders Act (2007), any foreign national who has served a prison sentence of 12 months or longer may face deportation. One father left behind his partner and his five-year-old daughter. For him, and for others in his position, it will be a struggle to see his family again, despite the right to a family life which is protected under the Human Rights Act (HRA).’

Full Story

Each Other, 25th May 2022

Source: eachother.org.uk

‘Guilty as charged’: top UK officer urges police chiefs to admit institutional racism – The Guardian

Posted May 26th, 2022 in minorities, news, police, racism by sally

‘One of Britain’s most senior officers has called on chiefs to admit that institutional racism blights policing, declaring “we are guilty as charged”, and blaming failures on the leadership of law enforcement.’

Full Story

The Guardian, 25th May 2022

Source: www.theguardian.com

Plans to put victims back at the centre of justice system published – Ministry of Justice

Posted May 26th, 2022 in bills, criminal justice, news, prosecutions, victims by sally

‘Draft legislation published today by the Deputy Prime Minister Dominic Raab will pave the way for the first ever Victims’ Law – putting their needs and voices firmly at the heart of the justice system.’

Full Story

Ministry of Justice, 25th May 2022

Source: www.gov.uk

Patient funding request for life-saving treatment – Law Society’s Gazette

Posted May 26th, 2022 in cancer, judicial review, medical treatment, news, Wales by sally

‘The case of R (on the application of Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin) [2022] ACD 27 involved a challenge to a refusal to fund potentially life-saving medical treatment. It concerned Maria Wallpott, a 50-year-old woman with a rare form of appendix cancer. Ms Wallpott’s clinicians had recommended that she undergo cytoreductive surgery with hyperthermic intraperitoneal chemotherapy (CRS with HIPEC). This treatment, involving the surgical removal of visible tumour and flushing with a heated chemotherapy agent, was not routinely available in Wales, in contrast to England, Scotland and Northern Ireland. An individual patient funding request (IPFR) was therefore made by Ms Wallpott’s doctor to the Welsh Health Specialised Services Committee (WHSSC), which acted on behalf of the local health board. A WHSSC panel refused the request and maintained its decision on review.’

Full Story

Law Society's Gazette, 20th May 2022

Source: www.lawgazette.co.uk