05/05/2022 – Current Awareness

‘R (All the Citizens) v SoS (2022) EWHC 960 (Admin), a Divisional Court is concerned with whether there is a legal duty, enforceable by judicial review, to create and maintain records so that they are available for posterity, and whether policies are enforceable as a matter of public law.’

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Local Government Law, 4th May 2022

Source: local-government-law.11kbw.com

Case Comment: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49 – UKSC Blog

Posted May 5th, 2022 in company directors, confiscation, Crown Prosecution Service, fiduciary duty, illegality, news, proceeds of crime by sally

‘In this post, Amy Wilkinson, a senior associate in CMS’ financial crime team, comments on the decision of the UK Supreme Court in Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49. On 3 November 2021, the Supreme Court unanimously dismissed the appeal and ruled in favour of Aquila Advisory Ltd. The decision concerns attribution of directors’ criminal actions and who should have priority over assets derived from their criminal schemes.’

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UKSC Blog, 4th May 2022

Source: ukscblog.com

Government will not challenge court ruling on care home discharge policies – The Independent

Posted May 5th, 2022 in care homes, coronavirus, elderly, hospitals, ministers' powers and duties, news by sally

‘The Government has said it will not be appealing against a High Court ruling which stated its care home discharge policies were unlawful.’

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The Independent, 4th May 2022

Source: www.independent.co.uk

Judicial College Guidelines updated – Law Society’s Gazette

Posted May 5th, 2022 in damages, news, personal injuries by sally

‘On 11 April, the Judicial College published the 16th edition of its guidelines to the assessment of general damages in personal injury cases. The previous edition was published in November 2019. These guidelines were first published in 1992 and provide a critical tool for practitioners and the courts. They rely heavily on reported decisions, covering categories as diverse as injuries caused by death, chronic pain, dermatitis and other skin conditions. The higher awards are to be found in chapters 2 and 3, tetraplegia and head injury, where the ranges in the top bracket are £324,600 to £403,990 and £282,010 to £403,990 respectively. Total blindness and deafness attracts an award in the region of £403,990, while minor injuries “where there is a complete recovery within seven days” are valued at “a few hundred pounds to £690”.’

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Law Society's Gazette, 4May 2022

Source: www.lawgazette.co.uk

Five killers including triple murderer who smothered his baby have jail terms reviewed by judges – The Independent

Posted May 5th, 2022 in appeals, child abuse, domestic violence, murder, news, sentencing by sally

‘Five notorious killers including Sarah Everard’s murderer and a father who smothered his own baby daughter are having their sentences reviewed by senior judges.’

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The Independent, 5th May 2022

Source: www.independent.co.uk

No messing about – Nearly Legal

Posted May 5th, 2022 in homelessness, housing, local government, news, statutory duty by sally

‘Two joined appeals on local authority duties to provide suitable accommodation under section 193 (2) Housing Act 1996 were before the Court of Appeal.’

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Nearly Legal, 4th May 2022

Source: nearlylegal.co.uk

Sex offenders being freed from UK military jail without any probation supervision, report warns – The Independent

Posted May 5th, 2022 in armed forces, courts martial, domestic violence, news, parole, sexual offences by sally

‘Sex offenders and domestic abusers are being freed from the UK’s military jail “without any safeguards or probation supervision”, inspectors have warned.’

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The Independent, 5th May 2022

Source: www.independent.co.uk

UK lawyers still able to work for Russian clients despite new services sanctions – The Guardian

Posted May 5th, 2022 in export controls, legal services, news, Russia, sanctions, Ukraine, war crimes by sally

‘The UK has said it will ban the export of services including accountancy, consultancy and PR advice to Russia in the latest attempt to isolate the country’s economy after the invasion of Ukraine – but lawyers will still be able to service Russian clients.’

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The Guardian, 4th May 2022

Source: www.theguardian.com