New Acts –

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


Recent Statutory Instruments –

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


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)


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.’

Full Story

Local Government Lawyer, 28th October 2022


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.’

Full Story

Local Government Lawyer, 28th October 2022


The King (on the application of the Good Law Project Limited) v The Secretary of State for Health and Social Care v Abingdon Health Plc [2022] EWHC 2468 (TCC) – Part Two: Procurement principles – Local Government Lawyer

‘In the second in a two-part series on a recent procurement challenge brought by the Good Law Project, Juli Lau looks at the procurement principles considered by the court.’

Full Story

Local Government Lawyer, 28th October 2022


An overview of immigration routes to come to the UK – EIN Blog

Posted October 28th, 2022 in immigration, news, visas by tracey

‘There is only a limited number of immigration options that would allow non-British citizens to come to the UK for a long-term project and make it your permanent home. You will be either joining your family in the UK or you will be going for one of the work-related routes that allow settlement or permanent residence after five years.’

Full Story

EIN Blog, 27th October 2022


Jurisdiction and choice of law clauses in international contracts –

‘All commercial contracts contain a number of “boilerplate” clauses, which are often seen as standard add-ons to the main terms and conditions of the contract.
One such boilerplate clause relates to jurisdiction and choice of law, and although these can be relatively straightforward when both parties are based in the same jurisdiction, they deserve proper consideration – particularly when the parties to the contract are based in different jurisdictions.’

Full Story, 27th October 2022


How final is a final certificate? – Practical Law: Construction Blog

Posted October 28th, 2022 in appeals, construction industry, contracts, judgments, local government, news by tracey

‘At the end of last year, Jonathan discussed the Court of Session’s judgment in D McLaughlin & Sons Ltd v East Ayrshire Council, where Lord Clark looked at the conclusiveness of a final certificate under a Scottish Standard Building Contract with Quantities, 2011 Edition (SSBC, 2011 Edition). That case has popped up in the law reports again, this time in the Inner House (also called D McLaughlin & Sons Ltd v East Ayrshire Council), where three lords (Carloway, Woolman and Malcolm) have considered the Council’s appeal against Lord Clark’s judgment. In a rare occurrence these days, that judgment split the house.’

Full Story

Practical Law: Construction Blog , 26th October 2022


David Torrance: Constitutional mirrors: Coronations and the territorial constitution – UK Constitutional Law Association

Posted October 28th, 2022 in constitutional law, news, royal family by tracey

‘Writing about the “work” of the Queen in 1958, the journalist and Herald Dermot Morrah claimed there had been “scarcely any allusion” in her coronation ceremony to the fact that Elizabeth II “was Queen of seven distinct and sovereign realms”. Indeed, added Morrah, “she was crowned not even as Queen of the United Kingdom, but of England alone”.

This was a peculiarly Anglo-centric take, particularly so coming from the pen of a Herald, usually such sticklers for detail. At first glance, the coronation of a British monarch is indeed a very English affair. It takes place at the Abbey Church of Westminster and the service is given by the Archbishop of Canterbury.

Yet a closer examination of coronations between 1714 and 1953 reveals them to be constitutional mirrors in which were reflected changes to the territorial constitution. And by highlighting these reflections, one can draw some preliminary observations as to the likely ceremonial at the coronation of King Charles III on 6 May 2023.’

Full Story

UK Constitutional Law Association, 27th October 2022


“Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony” – Supreme Court

Posted October 28th, 2022 in cross-examination, judges, speeches, witnesses by tracey

‘At a Glance conference: 12 October 2022 Keynote address “Would you believe it? The relevance of demeanour in assessing the truthfulness of witness testimony”
Lord Leggatt’

Full speech

Supreme Court, 12th October 2022


Bio Age “likely to impact legal practice” amid global climate change – Legal Futures

‘A report into the so-called bio age, presumed successor to the digital age, has painted a picture of a world in which innovations in bio-technology and the role of global ecosystems have a huge impact on legal practice.’

Full Story

legal Futures, 28th October 2022


Law Commission to review how private international law applies to digital assets and other emerging technology – Law Commission

‘The Law Commission of England and Wales has launched a Government-commissioned review that aims to provide clarity on how private international law rules can apply to emerging technology, such as digital assets and electronic trade documents.’

Full Story

Law Commission, 18th October 2022


Better protection for victims under pre-charge bail reforms – Home Office

‘A new provision known as “Kay’s Law” protects victims of domestic abuse and sexual assault.’

Full Story

Home Office, 26th October 2022


Interview with Deputy High Court Judge Margaret Obi – Courts and Tribunals Judiciary

Posted October 28th, 2022 in diversity, judges, judiciary, news, solicitors by tracey

‘In our interview Deputy High Court Judge Margaret Obi talks about her Nigerian upbringing and its influences on her career, her journey from solicitor to judge and her hopes for the future of the judiciary.’

Full Story

Courts and Tribunals Judiciary, 27th October 2022


Speech by Lord Justice Bean – Personal Injuries Bar Association Speeches – Courts and Tribunals Judiciary

Posted October 28th, 2022 in judges, legal history, personal injuries, speeches by tracey

‘Personal Injuries Bar Association – Richard Davies Lecture 2022.’

Full speech

Courts and Tribunals Judiciary, 26th October 2022


Belsner: Lawyers win in crucial costs recovery ruling – Law Society’s Gazette

Posted October 28th, 2022 in appeals, codes of practice, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’

Full Story

Law Society’s Gazette, 27th October 2022


Problems with interim contact in private law disputes – Family Law Week

Posted October 28th, 2022 in children, contact orders, families, family courts, news by tracey

‘Many private law practitioners feel frustration about the significant disparity in contact arrangements between children in private and public proceedings. Sadly, this has long been the case: I last wrote an article about this in 2019 (One act, 2 Regimes: why? Family Law Week 17th December 2019) and cannot say that matters have moved on or changed meaningfully. As I set out in that article, there is no justification legally for courts to apply Children Act considerations varyingly. The problem here lies not with the law but in the practice.’

Full Story

Family Law Week, 21st October 2022


Transport body seeks to take legal action against 180 people over road protests – The Independent

‘Transport for London bosses have asked a High Court judge to let them take legal action against more than 180 named people following the intensification of Just Stop Oil protests.’

Full Story

The Independent, 27th October 2022


Rochdale grooming gang members to be deported to Pakistan – The Guardian

‘Two members of a Rochdale grooming gang are to be deported to Pakistan after losing a seven-year legal fight to remain in Britain.’

Full Story

The Guardian, 26th October 2022