Recent Statutory Instruments – legislation.gov.uk

Posted July 4th, 2022 in legislation by tracey

SI 2022/740 – The Offshore Installations (Safety Zones) (No. 2) Order 2022

SI 2022/733 – The Occupational Pension Schemes (Climate Change Governance and Reporting) (Amendment, Modification and Transitional Provision) Regulations 2022

SI 2022/728 – The Football Spectators (Seating) Order 2022

Source: www.legislation.gov.uk

BAILII: recent Decisions

Posted July 4th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Commissioners for Her Majesty’s Revenue and Customs v Denning & Ors [2022] EWCA Civ 909 (01 July 2022)

Northern Gas Networks Ltd v Commissioners for Her Majesty’s Revenue and Customs [2022] EWCA Civ 910 (01 July 2022)

Court of Appeal (Criminal Division)

Heslop & Ors v Regina [2022] EWCA Crim 897 (01 July 2022)

High Court (Administrative Court)

Cifci v Crown Prosecution Service [2022] EWHC 1676 (Admin) (01 July 2022)

JZ, R (On the Application Of) v The Secretary of State for the Home Department & Ors [2022] EWHC 1708 (Admin) (01 July 2022)

Bruton, R (On the Application Of) v Parole Board of England and Wales [2022] EWHC 1692 (Admin) (01 July 2022)

High Court (Commercial Court)

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2022] EWHC 1695 (Comm) (04 July 2022)

HDR Global Trading Ltd v Shulev & Anor [2022] EWHC 1685 (Comm) (01 July 2022)

Simon v Tache & Ors [2022] EWHC 1674 (Comm) (01 July 2022)

NDK Ltd v HUO Holding Ltd & Anor [2022] EWHC 1682 (Comm) (01 July 2022)

Kyla Shipping Co Ltd & Anor v Freight Trading Ltd & Ors [2022] EWHC 1625 (Comm) (01 July 2022)

CMC Spreadbet Plc v Tchenguiz [2022] EWHC 1640 (Comm) (01 July 2022)

High Court (Family Division)

Blackpool Borough Council v HT (A Minor) & Ors [2022] EWHC 1480 (Fam) (17 June 2022)

High Court (Patents Court)

Saint-Gobain Adfors SAS v 3M Innovative Properties Company [2022] EWHC 1666 (Pat) (28 June 2022)

High Court (Queen’s Bench Division)

John Poyser & Co Ltd v Spencer [2022] EWHC 1678 (QB) (01 July 2022)

Haviland v The Andrew Lownie Literary Agency Ltd & Anor [2022] EWHC 1688 (QB) (01 July 2022)

CJ & Ors Wiltshire Police [2022] EWHC 1661 (QB) (01 July 2022)

Source: www.bailii.org

Setting up a branch or subsidiary of an overseas business in the UK – EIN Blog

Posted July 4th, 2022 in company law, employment, immigration, news, visas by tracey

‘There is no specific visa requirement for anyone who wants to register a business in the UK. However, this is not the same as working for or on behalf of the business.’

Full Story

EIN Blog, 30th June 2022

Source: www.ein.org.uk

Karolina Szopa and Jamie Fletcher: The Future of Abortion Rights under the European Convention on Human Rights in Light of Dobbs – UK Constitutional Law Association

Posted July 4th, 2022 in abortion, constitutional law, human rights, news, pregnancy, women by tracey

‘On Friday 24th June 2022, in Dobbs v Jackson Women’s Health Organization, the US Supreme Court (SCOTUS) overruled the right to an abortion nearly 50 years since it first declared it a constitutionally protected right. An outpour of protests and condemnation followed the release of the opinion, with many legal professionals, politicians and NGOs across Europe speaking out against the devastating consequences this decision will have on women’s and other pregnant people’s rights in the US. Pregnancy holds implications for women’s physical and social identity, with repercussions on the woman’s economic status, her chance for education, career and ability to pursue the life she chooses, not least to mention her physical health. In the opinion of this blog’s authors, a pivotal decision such as access to an abortion should be shielded from state interference.’

Full Story

UK Constitutional Law Association, 30th June 2022

Source: ukconstitutionallaw.org

Non-Binary Passports: R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 – UK Human Rights Blog

‘The Appellant in R (on the application of Elan-Cane) (Appellant) v Secretary of State for the Home Department (Respondent) [2021] UKSC 56 was assigned female at birth, however during and after puberty they felt revulsion at their body and underwent surgery in 1989 and 1990 to alleviate those feelings. The Appellant who identifies as non-gendered, is a campaigner for the legal and social recognition of this category. The provision of “X passports” are a focal point of the Appellant’s campaign.’

Full Story

UK Human Rights Blog, 4th July 2022

Source: ukhumanrightsblog.com

A Response to the Criminal Justice Joint Evidence Review: Neurodiversity in the Criminal Justice System action plan – Ministry of Justice

‘In December 2020, the Lord Chancellor and Secretary of State for Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HMICFRS, to undertake an independent review of neurodiversity in the criminal justice system (CJS).’

Full plan

Ministry of Justice, 30th June 2022

ECHR dismisses discrimation claim against council housing policy for Orthodox Jewish community – Local Government Lawyer

‘A legal challenge claiming the London Borough of Hackney’s decision not to refer a mother to a housing association on the basis of her not being part of the Orthodox Jewish Community (OJC) has been unanimously dismissed by the European Court of Human Rights (ECHR).’

Full Story

Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Article 2 inquest determination concerning Community Mental Health Services quashed – Local Government Lawyer

‘Dominic Ruck Keene outlines a case in which an article 2 inquest determination concerning Community Mental Health Services was quashed.’

Full Story

Local Government Lawyer, 1st July 2022

Source: www.localgovernmentlawyer.co.uk

Law firm overturns costs bill misconduct ruling – Legal Futures

‘The rules on misconduct in the CPR do not apply to solicitor/client costs assessments, the High Court has decided in overturning a finding against a Manchester law firm.’

Full Story

Legal Futures, 4th July 2022

Source: www.legalfutures.co.uk

Civil Justice Council kicks off ‘holistic’ review of costs – Law Society’s Gazette

Posted July 4th, 2022 in civil justice, consultations, costs, news by tracey

‘The Civil Justice Council has set in motion a possible shake-up of the civil costs regime with the start of a wide-ranging consultation. The judicial-led group will look at the key areas of costs budgeting, guideline hourly rates, the impact of digitisation and portals, and the consequences of the extension of fixed recoverable costs.’

Full Story

Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

Claimant loses £49k damages as High Court overturns ‘injustice’ finding – Law society’s Gazette

Posted July 4th, 2022 in accidents, damages, deceit, insurance, news, personal injuries by tracey

‘An injured person who claimed more than £500,000 for lost earnings – while hiding the fact he was still in paid work – has lost his entire damages award because of fundamental dishonesty.’

Full Story

Law Society's Gazette, 1st July 2022

Source: www.lawgazette.co.uk

Women accused of illegal abortions in England and Wales after miscarriages and stillbirths – The Guardian

Posted July 4th, 2022 in abortion, criminal justice, news, pregnancy by tracey

‘Women in England and Wales who have suffered miscarriages or stillbirths are being investigated by police on suspicion of having illegal abortions, with some forced to hand over their phones and laptops for invasive “digital strip searches”.’

Full Story

The Guardian, 2nd July 2022

Source: www.theguardian.com

West Sussex council ordered to pay £2,000 to mother of child with special needs – BBC News

‘A mother of a child with special needs has been paid £2,000 by a council for failures involving his education, health and care plan. The mother – known as Ms C – turned to the Local Government & Social Care Ombudsman after making a complaint to West Sussex County Council. The ombudsman has upheld her complaint, according to the Local Democracy Reporting Service.’

Full Story

BBC News, 4th July 2022

Source: www.bbc.co.uk

Courts ‘in limbo’ as barristers strike for second week – BBC News

‘Criminal cases in courts across England and Wales face further disruption as barristers enter a second week of strike action. The walkouts began last week in a long-running dispute over pay and conditions.’

Full Story

BBC News, 4th July 2022

Source: www.bbc.co.uk