Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by tracey

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

UK medical devices law reforms delayed till 2024 – OUT-LAW.com

Posted October 31st, 2022 in brexit, delay, EC law, health, medical treatment, medicines, news by tracey

‘New UK medical device regulations are to be brought into force by July 2024 – a year later than originally anticipated, the Medicines and Healthcare products Regulatory Agency (MHRA) has confirmed.’

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OUT-LAW.com, 28th October 2022

Source: www.pinsentmasons.com

BAILII: Recent Decisions

Posted October 31st, 2022 in law reports by tracey

Court of Appeal (Civil Division)

East-West Logistics Llp v Melars Group Ltd [2022] EWCA Civ 1419 (28 October 2022)

Thurston Parish Council, R (On the Application Of) v Mid Suffolk District Council & Anor [2022] EWCA Civ 1417 (28 October 2022)

Morahan, R (On the Application Of) v His Majesty’s Assistant Coroner for West London [2022] EWCA Civ 1410 (28 October 2022)

TMO Renewables Ltd v Yeo & Ors [2022] EWCA Civ 1409 (28 October 2022)

High Court (Administrative Court)

The Commissioner of Police of the Metropolis, R. (On the Application Of) v Michel & Anor [2022] EWHC 2711 (Admin) (28 October 2022)

High Court (Family Division)

Clarke v Clarke [2022] EWHC 2698 (Fam) (28 October 2022)

High Court (King’s Bench Division)

Hayden v Associated Newspapers Ltd [2022] EWHC 2693 (KB) (28 October 2022)

Source: www.bailii.org.uk

Mothers in law still struggle to juggle despite more supportive employers – Legal Futures

Posted October 31st, 2022 in children, families, law firms, legal profession, news, statistics, women by tracey

‘The vast majority of mothers (84%) working in the law still find it difficult to balance working life with the demands of being a mother, despite some signs of progress.’

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Legal Futures, 31st October 2022

Source: www.legalfutures.co.uk

Vulnerable parties and civil proceedings – Family Law

Posted October 31st, 2022 in civil justice, civil procedure rules, news, witnesses by tracey

‘The internet is replete with humorous courtroom exchanges – genuine or apocryphal – between hapless lawyers and intelligent, sarcastic witnesses but the reality is that advocates come prepared with plenty of experience and usually know what they are going to ask. In contrast, most parties and witnesses in civil claims have probably never been inside a court and their “preparation” for the experience itself may have involved watching multiple episodes of Kavanagh QC or similar, largely unrealistic, courtroom dramas.’

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Family Law, 28th October 2022

Source: www.familylaw.co.uk

Losing litigant in mixed claim avoids immediate costs order – Law Society’s Gazette

Posted October 31st, 2022 in civil procedure rules, costs, damages, news, personal injuries by tracey

‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

‘Public interest’ does not confer standing in JR, High Court rules – Law Society’s Gazette

Posted October 31st, 2022 in judicial review, news, public interest, school children, teachers by tracey

‘The High Court will interfere with a public authority’s decision only if there has been an error of law, a judge has stressed in a ruling explaining the requirements for judicial review.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Child slave’s cannabis farm conviction overturned – BBC News

‘A man’s cannabis growing conviction has been overturned after it was found he was compelled to commit the crime as a modern slavery victim when he was 17.’

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BBC News, 28th October 2022

Source: www.bbc.co.uk

Royal Navy chief orders inquiry into sexual assault claims in submarine service – The Guardian

Posted October 31st, 2022 in armed forces, bullying, harassment, inquiries, news, sexual offences, women by tracey

‘The head of the Royal Navy has ordered an investigation into “abhorrent” allegations of inappropriate behaviour in the submarine service and declared that sexual assault and harassment has no place in the fleet.’

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The Guardian, 29th October 2022

Source: www.theguardian.com

Government drops plan to combat anti-Muslim hatred with official definition of Islamophobia – The Independent

‘The government has dropped work on an official definition of Islamophobia that was promised more than three years ago, amid mounting concern over inaction on the issue.’

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The Independent, 30th October 2022

Source: www.independent.co.uk

Met police chief to reform list of alleged gang members targeting black men – The Guardian

Posted October 31st, 2022 in equality, gangs, London, news, proportionality, race discrimination, statistics by tracey

‘A controversial Metropolitan police list of alleged gang members mainly targeted black men “amplified disproportionality” and must be radically reformed, Britain’s top police officer has said.’

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The Guardian, 31st October 2022

Source: www.theguardian.com

GPS tagging migrants ‘psychological torture’, says report – The Guardian

‘Lawyers and charities have called for controversial electronic tagging of migrants to be scrapped, describing it in a new report as a form of “psychological torture”.’

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The Guardian, 31st October 2022

Source: www.theguardian.com

Newport: Three sentenced for enslaving vulnerable man – BBC News

Posted October 31st, 2022 in forced labour, immigration, imprisonment, news, sentencing by tracey

‘Two men have been jailed and a woman has received a suspended sentence for enslaving a vulnerable man.’

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BBC News, 28th October 2022

Source: www.bbc.co.uk

Keeping tips from workers could be illegal under new law -BBC News

Posted October 31st, 2022 in bills, employment, news, remuneration, trade unions by tracey

‘Employers not paying workers their tips in their entirety, without deductions, may soon become illegal.’

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BBC News, 30th October 2022

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted October 28th, 2022 in benefits, energy, health, legislation by tracey

2022 c. 44 – Energy Prices Act 2022

2022 c. 43 – Health and Social Care Levy (Repeal) Act 2022

2022 c. 42 – Social Security (Special Rules for End of Life) Act 2022

2022 c. 41 – Supply and Appropriation (Adjustments) Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 28th, 2022 in legislation by tracey

SI 2022/1087 – The Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022

SI 2022/1080 – The Financial Services (Miscellaneous Amendments) (EU Exit) Regulations 2022

SI 2022/1094 – The Railways (Penalty Fares) (Amendment) Regulations 2022

SI 2022/1093 – The Elections Act 2022 (Commencement No. 3 and Saving Provision) Regulations 2022

SI 2022/1092 – The Sanctions (Damages Cap) Regulations 2022

SI 2022/1090 – The Animals, Food, Plant Health, Plant Propagating Material and Seeds (Miscellaneous Amendments etc.) Regulations 2022

SI 2022/1083 – The Central Rating List and Telecommunications Apparatus (England) (Amendment) Regulations 2022

SI 2022/1109 – The Charities Act 2022 (Commencement No. 1, Consequential and Saving Provision) Regulations 2022

SI 2022/1108 – The Exotic Animal Disease (Amendment) (England) Order 2022

SI 2022/1107 – The Airports Slot Allocation (Alleviation of Usage Requirements) (No. 3) Regulations 2022

SI 2022/1096 – The Renewable Heat Incentive Scheme (Amendment) Regulations 2022

SI 2022/1091 – The Wireless Telegraphy (Licence Charges for the 3.4 GHz Frequency Band and the 3.6 GHz Frequency Band) Regulations 2022

SI 2022/1098 – The Digital Government (Disclosure of Information) (Amendment) Regulations 2022

SI 2022/1095 – The Armed Forces Act 2021 (Commencement No. 3) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 28th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Achille v Lawn Tennis Association Services Ltd [2022] EWCA Civ 1407 (27 October 2022)

Tyne and Wear Passenger Transport Executive (Trading As Nexus) v National Union of Rail, Maritime and Transport Workers & Anor [2022] EWCA Civ 1408 (27 October 2022)

Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors [2022] EWCA Civ 1411 (27 October 2022)

Belsner v CAM Legal Services Ltd [2022] EWCA Civ 1387 (27 October 2022)

MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022)

Karatysz v SGI Legal LLP [2022] EWCA Civ 1388 (27 October 2022)

Breen & Ors v Esso Petroleum Company Ltd [2022] EWCA Civ 1405 (26 October 2022)

Bacci & Ors v Green [2022] EWCA Civ 1393 (25 October 2022)

JB (Ghana), R (On the Application Of) v Secretary of State for the Home Department [2022] EWCA Civ 1392 (25 October 2022)

High Court (Administrative Court)

AB, R (On the Application Of) v A County Council & Anor [2022] EWHC 2707 (Admin) (25 October 2022)

Malik v Governor of HM Prison Hindley (No.2) [2022] EWHC 2684 (Admin) (24 October 2022)

High Court (Chancery Division)

Fairclough v Tosi Ltd & Anor [2022] EWHC 2714 (Ch) (27 October 2022)

Kireeva v Bedzhamov [2022] EWHC 2676 (Ch) (27 October 2022)

Allen v Hurst & Ors (Re Ann Stephanie Hurst) [2022] EWHC 2649 (Ch) (26 October 2022)

Pasternak v Prescott [2022] EWHC 2695 (Ch) (25 October 2022)

Emmott v Michael Wilson & Partners Ltd [2022] EWHC 2682 (Ch) (24 October 2022)

High Court (Commercial Court)

Kingdom of Sweden v Serwin & Ors [2022] EWHC 2706 (Comm) (27 October 2022)

Hulley Enterprises Ltd & Ors v The Russian Federation [2022] EWHC 2690 (Comm) (26 October 2022)

OCM Maritime Nile Llc & Anor v Courage Shipping Co & Ors [2022] EWHC 2696 (Comm) (26 October 2022)

TP ICAP Ltd v NEX Group Ltd [2022] EWHC 2700 (Comm) (25 October 2022)

Verlox International Ltd & Anor v Antoshin & Ors [2022] EWHC 2667 (Comm) (25 October 2022)

High Court (Family Division)

FB v MG [2022] EWHC 2677 (Fam) (21 October 2022)

High Court (King’s Bench Division)

Sedgwick v Mapfre Espana Compania De Seguros Y Reaseguros Sa [2022] EWHC 2704 (KB) (26 October 2022)

Three Counties Agricultural Society v Persons Unknown & Ors [2022] EWHC 2708 (KB) (26 October 2022)

Camberley Group Plc & Ors v Foster & Ors [2022] EWHC 2643 (KB) (25 October 2022)

Eaton v Auto-Cycle Union Ltd & Ors [2022] EWHC 2642 (KB) (25 October 2022)

Bae Systems Marine Ltd v Alfa Laval Ltd [2022] EWHC 2686 (KB) (25 October 2022)

High Court (Technology and Construction Court)

Manor Co-Living Ltd v RY Construction Ltd [2022] EWHC 2715 (TCC) (27 October 2022)

Source: www.bailii.org

Failure to comply with PD57AC — it can be costly! – Local Government Lawyer

Posted October 28th, 2022 in costs, drafting, indemnities, local government, news, practice directions, witnesses by tracey

‘Amba Griffin-Booth examines the lessons to be learned from a recent case concerning compliance with PD57AC.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk

Hoarding and mental capacity – Local Government Lawyer

Posted October 28th, 2022 in Court of Protection, local government, mental health, news by tracey

‘A recent Court of Protection ruling is important reading for the wide range of practitioners dealing with hoarding cases, write Julia Jones and Kate Hicks.’

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Local Government Lawyer, 28th October 2022

Source: www.localgovernmentlawyer.co.uk