Research Briefing: E-petition debate: The removal of parental responsibility for people convicted of serious offences – House of Commons Library

Posted September 5th, 2022 in children, criminal justice, news, parental responsibility, parliament by tracey

‘Read the Government’s response and background ahead of the debate on e-petition 614893 on Monday 12 September 2022.’

Full Story

House of Commons Library , 2nd September 2022

Source: commonslibrary.parliament.uk

Ivy owner Richard Caring defies order to remove £40m home’s incongruous windows – The Guardian

Posted September 5th, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘Richard Caring, the billionaire nightclub and restaurant entrepreneur, is refusing to remove three “incongruous and dominant” windows from his £40m house in South Kensington despite the council issuing an “enforcement notice” ordering him to do so.’

Full Story

The Guardian, 5th September 2022

Source: www.theguardian.com

Barristers start indefinite strike action over pay in England and Wales – BBC News

‘Barristers in England and Wales are starting an indefinite, uninterrupted strike, in an escalation of industrial action over pay which began in April.’

Full Story

BBC News, 5th September 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 2nd, 2022 in legislation by tracey

SI 2022/927 – The Building Safety Act 2022 (Commencement No. 2) Regulations 2022

SI 2022/926 – The African Swine Fever (Import Controls) (England and Scotland) Order 2022

SI 2022/924 – The Non-Commercial Movement of Pet Animals (Amendment) (England) (No. 2) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 2nd, 2022 in law reports by tracey

Court of Appeal (Civil Division)

HXA v Surrey County Council [2022] EWCA Civ 1196 (31 August 2022)

High Court (Administrative Court)

Spitalfields Historic Building Trust, R (On the Application Of) v London Borough of Tower Hamlets [2022] EWHC 2262 (Admin) (31 August 2022)

High Court (Patents Court)

Cook (UK) Ltd v Boston Scientific Ltd & Ors [2022] EWHC 2248 (Pat) (30 August 2022)

Source: www.bailii.org

Local authority age assessments considered in R (HAM) v Brent LBC – EIN Blog

Posted September 2nd, 2022 in asylum, children, immigration, judicial review, local government, news, young persons by tracey

‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’

Full Story

EIN Blog, 1st September 2022

Source: www.ein.org.uk

“Church treasures”: an unnecessary classification? – Law & Religion UK

Posted September 2nd, 2022 in Church of England, news by tracey

‘The recently published Removal of bells from a closed church considers two judgments relating to St James, Church Kirk in the Blackburn Diocese; the earlier case, Re St James Church Kirk [2019] ECC Bla 4, suggested that the designation of “church treasure” was not appropriate in relation to one of the church’s bells [12, 13]. The Worshipful John W Bullimore addressed the issue in the context of a closed church, and below we explore this further and consider the utility of such a designation, other than providing a convenient shorthand for a range of disparate but valuable objects.’

Full Story

Law & Religion UK, 2nd September 2022

Source: lawandreligionuk.com

The test for discharging a planning condition – Local Government Lawyer

Posted September 2nd, 2022 in judicial review, local government, news, planning by tracey

‘A local authority recently defeated a judicial review challenge in the High Court in relation to discharging planning conditions. Piers Riley-Smith explains how.’

Full Story

Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Late service of CIL liability notice – Local Government Lawyer

Posted September 2nd, 2022 in local government, news, planning by tracey

‘Christopher Cant analyses the consequences of a delay in issuing and serving a Community Infrastructure Levy (CIL) liability notice when it comes to enforcement.’

Full Story

Local Government Lawyer, 2nd September 2022

Source: www.localgovernmentlawyer.co.uk

Time taken to get civil cases to trial reaches all-time high – Legal Futures

‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’

Full Story

Legal Futures, 2nd September 2022

Source: www.legalfutures.co.uk

Man jailed for attacking blind wife with meat cleaver – BBC News

‘A man has been jailed for nine years after striking his blind wife in the head with a meat cleaver.’

Full Story

BBC News, 1st September 2022

Source: www.bbc.co.uk

Convictions for peaceful protests “should not lead to regulatory action” – Legal Futures

‘The Solicitors Regulation Authority (SRA) is unlikely to take action against solicitors convicted in exercising their right to protest where no significant harm has been caused, it said yesterday.’

Full Story

Legal Futures, 2nd September 2022

Source: www.legalfutures.co.uk

Babies, bodies and borders: the risks and rise of surrogacy – Family Law

Posted September 2nd, 2022 in children, families, foreign jurisdictions, news, surrogacy by tracey

‘Despite its challenges, surrogacy is becoming a readily available form of family formation for many who have endured considerable heartache and difficulty in conceiving naturally. Surrogacy has an important role to play within our modern society particularly bearing in mind the overwhelming tide-change in social attitudes, the importance of assisted reproduction, such as IVF, and the introduction of same sex marriage which was legalised back in 2014.’

Full Story

Family Law, 1st September 2022

Source: www.familylaw.co.uk

Court of Appeal reopens claims on child abuse duty of care – Law Society’s Gazette

‘The Court of Appeal has ruled that negligence claims against local authorities over their duty of care to abused children must be heard in court.’

Full Story

Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk

NEWS Flirting, banter and plying with drink: SRA sets out detailed sexual misconduct guidance – Law Society’s Gazette

‘The Solicitors Regulation Authority today set out in granular detail what will or may constitute sexual misconduct by solicitors, after a surge of complaints in the past five years.’

Full guidance

Full Story

Law Society's Gazette, 1st September 2022

Source: www.lawgazette.co.uk

House of Zana boutique owner celebrates trademark win against Zara – The Guardian

Posted September 2nd, 2022 in intellectual property, news, trade marks by tracey

‘A boutique owner who took on the world’s largest fashion retailer and won is urging other independent stores to stand up to big business.’

Full Story

The Guardian, 31st August 2022

Source: www.theguardian.com

Child protection agencies failed son of drug addict, review finds – The Guardian

‘A severely asthmatic seven-year-old boy who died “gasping for air” alone at night was failed by child protection agencies who “could and should have done better”, a serious case review has found.’

Full Story

The Guardian, 1st September 2022

Source: www.theguardian.com

Rwanda flight migrants include torture victims, say doctors – BBC News

‘A detailed clinical review of the backgrounds of asylum seekers likely to be sent to Rwanda has found many may have been tortured.’

Full Story

BBC News, 1st September 2022

Source: www.bbc.co.uk

Parents’ legal bid to ban sex education in schools fails

Posted September 2nd, 2022 in children, education, injunctions, judicial review, news, school children, Wales by tracey

‘A last-minute legal bid to block the teaching of relationships and sexuality education (RSE) in schools has failed. Five parents wanted to withdraw their children from the mandatory lessons from the start of the new term or stop the rollout of RSE altogether in Wales. At the High Court, judge Mrs Justice Tipples said an injunction would cause “very substantial disruption” just days before the start of a new term. A judicial review already granted to the group is scheduled for November.’

Full Story

BBC New, 1st September 2022

Source: www.bbc.co.uk

First Tier Tribunal (Tax Chamber) – Payment of Tax or Hardship Application not Required to Lodge Notice of Appeal – 23 Essex Street

Posted September 1st, 2022 in appeals, chambers articles, news, notification, repayment, taxation, VAT by sally

‘On 19 May 2017 HMRC decided that SNMP was not entitled to repayments of input tax claimed in respect of ten accounting periods and issued assessments for £312,377. That decision was later confirmed following a statutory review under sections 83A-G Value Added Tax Act 1994 (“VATA”). The solicitors for SNMP submitted a notice of appeal on 18 August 2017 but an application for hardship was not made nor had the amount in dispute been paid. As a consequence the FTT returned the appeal. The solicitors for SNMP re-submitted the appeal on 31 August 2017 but the disputed tax had still not been paid and neither had a hardship application been made. On the same date the FTT returned the appeal for the same reason as before by e-mail. Unfortunately the FTT used the wrong e-mail address for the solicitor and it was never received.’

Full Story

23 Essex Street, 25th August 2022

Source: www.23es.com