Financial Services and Markets Act 2001 exemptions– the importance of when an agreement is entered for unregulated lenders – 33 Bedford Row

Posted August 18th, 2022 in chambers articles, deceit, estoppel, loans, mortgages, news by sally

‘This article will consider an interesting case involving deceit, when some defendants took out an unregulated loan, secured on a residential property, on the basis that the loan was wholly or predominantly for a business purpose.’

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33 Bedford Row, 11th August 2022


A rare EAT finding of the appearance of unconscious confirmation bias – Doughty Street Chambers

‘In Laing v Bury & Bolton Citizens Advice [2022] EAT 85, the EAT found that a tribunal had erred in dismissing a claim brought by Litigant in Person where it had commented extensively, at times using strong and personalised language, on the Claimant’s behaviour throughout the hearing drawing upon such behaviour in support of how he must have behaved at work. It concluded that a fair-minded and informed observer would conclude that there was a real possibility that his behaviour had engendered an antipathy towards him which unconsciously influenced the tribunal’s collective decision in relation to a victimisation complaint.’

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Doughty Street Chambers, 1st August 2022


Bill of Rights: good or bad for human rights? – Law Society’s Gazette

Posted August 18th, 2022 in bills, brexit, government departments, human rights, news by sally

‘The Bill of Rights Bill (the Bill), if enacted, will repeal the Human Rights Act (the HRA) 1998.’

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Law Society's Gazette, 17th August 2022


“Sportswashing – Are Legal Remedies Available?” – Church Court Chambers

Posted August 18th, 2022 in arbitration, human rights, international courts, news, sport, United Nations by sally

‘The phrase ‘sportswashing’ is one that is used regularly in the press. So, what is it? There is no single definition and none that appears in the Oxford English dictionary. We can be bold and safely surmise that it is where a state uses sport to propel their reputation positively as a means to cover their poor human rights record.’

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Church Court Chambers, July 2022


Rwanda asylum plan: UK ministers partially lose Rwanda secrecy bid – BBC News

‘Ministers have partially lost an attempt to keep secret a series of comments about Rwanda from an adviser.’

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BBC News, 17th August 2022


Upper Tribunal requires council to secure EHCP for student who is hypersensitive to Wi-Fi signals – Local Government Lawyer

‘The Upper Tribunal has ruled that a council must secure special educational provision for a child who has electromagnetic hypersensitivity and is particularly sensitive to Wi-Fi signals.’

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Local Government Lawyer, 17th August 2022


Black people in England and Wales twice as likely to be fined for breaking lockdown rules – The Guardian

Posted August 18th, 2022 in coronavirus, fines, minorities, news, police, regulations, statistics by sally

‘Black and Asian people were more likely than white people to be given fines for breaking Covid-19 lockdown rules, police figures for England and Wales suggest.’

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The Guardian, 17th August 2022


Recent Statutory Instruments –

Posted August 18th, 2022 in legislation by tracey

SI 2022/905 – The Independent School Standards and Non-Maintained Special Schools (England) (Amendment) Regulations 2022

SI 2022/908 – The Elections Act 2022 (Commencement No. 1 and Saving Provision) Regulations 2022

SI 2022/912 – The Nationality and Borders Act 2022 (Commencement No. 2) Regulations 2022

SI 2022/909 – The Mental Health Units (Use of Force) Act 2018 (Commencement No. 3) Regulations 2022


BAILII: Recent Decisions

Posted August 18th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Gardiner v Hertsmere Borough Council & Anor [2022] EWCA Civ 1162 (16 August 2022)

High Court (Administrative Court)

Parul, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2143 (Admin) (15 August 2022)

High Court (Chancery Division)

Jones & Anor v McCarthy [2022] EWHC 2186 (Ch) (17 August 2022)

Bucher-Haefner v Lewinsohn & Anor [2022] EWHC 2080 (Ch) (16 August 2022)

Hinton v Wotherspoon [2022] EWHC 2083 (Ch) (16 August 2022)

Oceanfill Ltd v Nuffield Health Wellbeing Ltd & Anor [2022] EWHC 2178 (Ch) (15 August 2022)

Hothi v Stokes [2022] EWHC 2161 (Ch) (15 August 2022)

Hamilton v Her Majesty’s Attorney-General & Ors [2022] EWHC 2132 (Ch) (12 August 2022)

High Court (Queen’s Bench Division)

Smith v Baker [2022] EWHC 2176 (QB) (17 August 2022)

Geo-Minerals GT Ltd & Anor v Downing & Ors [2022] EWHC 2151 (QB) (16 August 2022)

Bitar v Bank of Beirut SAL [2022] EWHC 2163 (QB) (15 August 2022)


Modernising lasting powers of attorney: change is coming – Legal Futures

‘In 2007, the Mental Capacity Act 2005 introduced Lasting Powers of Attorney (LPAs) which for the first time allowed a donor to appoint an attorney to make decisions both about their property and financial affairs, but also about their health and welfare.’

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Legal Futures, 17th August 2022