Fine for Apley fly-tipper linked to Amazon package – BBC News

Posted August 19th, 2022 in fines, news, waste by tracey

‘A resident has been given a £400 fly-tipping fine after an empty Amazon package found among dumped rubbish was traced back to them.’

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BBC News, 19th August 2022

Source: www.bbc.co.uk

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

Source: www.33bedfordrow.co.uk

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

Source: insights.doughtystreet.co.uk

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

Source: www.lawgazette.co.uk

“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

Source: churchcourtchambers.co.uk

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

Source: www.bbc.co.uk

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

Source: www.localgovernmentlawyer.co.uk

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

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

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

Source: www.legislation.gov.uk

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)

Source: www.bailii.org

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

Source: www.legalfutures.co.uk

Entain to pay £17m for failing on rules to make gambling safer and crime free – The Guardian

Posted August 17th, 2022 in fines, gambling, licensing, news by sally

‘Entain, the gambling firm behind Ladbrokes and Coral, could lose its licence to operate in the UK after it was told to pay a record £17m settlement over its inaction as individual customers spent hundreds of thousands of pounds.’

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The Guardian, 17th August 2022

Source: www.theguardian.com

A Claimant’s Right To Apply for Further Damages Under a PDO Passes, on Death, to Their Estate and May Be Advanced by the Executor – Ropewalk Chambers

‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’

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Ropewalk Chambers, 1st August 2022

Source: www.ropewalk.co.uk

Supreme Court decision highlights complexity of the UK’s tax system – OUT-LAW.com

Posted August 17th, 2022 in appeals, corporation tax, HM Revenue & Customs, news, Supreme Court, taxation by sally

‘A recent UK Supreme Court decision is a reminder of some of the issues that need to be considered when calculating UK corporation tax profits whilst also highlighting the complexity of the UK’s tax system.’

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OUT-LAW.com, 15th August 2022

Source: www.pinsentmasons.com

Council reaffirms adoption of development plan document despite judicial review threat – Local Government Lawyer

Posted August 17th, 2022 in housing, judicial review, local government, news, planning by sally

‘Mid Sussex Council has reaffirmed its decision to adopt a development plan document that could see the building of 1700 homes, despite a threat of judicial review by one of its own councillors, who argues the decision was procedurally flawed.’

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Local Government Lawyer, 16th August 2022

Source: www.localgovernmentlawyer.co.uk

Sarah Everard vigil protester sues Met police after conviction – The Guardian

‘A woman who was arrested and charged after attending the vigil for Sarah Everard in Clapham last year has launched civil proceedings against the Metropolitan police.’

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The Guardian, 16th August 2022

Source: www.theguardian.com

Realistic care options without magic wands: CV (A Child) (Placement Order) [2022] EWCA Civ 930 – Becket Chambers

‘This article considers the successful appeal of a first instance case in which a final placement order was made in respect of a young child with complex medical needs.’

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Becket Chambers, 10th August 2022

Source: becket-chambers.co.uk

Post Office inquiry chair urges higher legal fees for compensation advice – Legal Futures

‘It is “essential” that sub-postmasters claiming on one of the compensation schemes following the Horizon scandal can recover their legal costs, the chair of the Post Office scandal enquiry said yesterday.’

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Legal Futures, 16th August 2022

Source: www.legalfutures.co.uk

Fiduciaries and the power of investment: when is an ethical investment not an investment? – Wilberforce Chambers

Posted August 16th, 2022 in charities, environmental protection, fiduciary duty, news, trusts by sally

‘The universe of socially responsible or “ethical” investments has been expanding exponentially in recent years.’

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Wilberforce Chambers, 18th July 2022

Source: www.wilberforce.co.uk

Family Public Law … Choosing an Expert – Becket Chambers

Posted August 16th, 2022 in expert witnesses, family courts, news, practice directions by sally

‘When it is decided that it is “necessary” – and that is the first question to be decided by the Court (Practice Direction 25 of the Family Procedure Rules 2010) – this should be as early as possible within the start of proceedings.’

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Becket Chambers, 11th August 2022

Source: becket-chambers.co.uk