Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2022 in legislation by tracey

SI 2022/1014 – The Public Service Pensions and Judicial Offices (Commencement No. 1 and Transitional and Saving Provision) Regulations 2022

SI 2022/1013 – The Approved Premises (Substance Testing) Act 2022 (Commencement) Regulations 2022

SI 2022/1020 – The Pests of Plants (Authorisations) (Amendment) Regulations 2022

SI 2022/1018 – The Social Security (Scotland) Act 2018 (Winter Heating Assistance) (Consequential Modifications) Order 2022

SI 2022/1011 – The Social Security Additional Payments (Second Qualifying Day) Regulations 2022

SI 2022/1019 – The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 5th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Business Mortgage Finance 4 PLC & Ors v Hussain [2022] EWCA Civ 1264 (04 October 2022)

Dune Group Ltd & Ors v Visa Europe Ltd & Ors [2022] EWCA Civ 1278 (04 October 2022)

Court of Appeal (Criminal Division)

AYO & Ors, R. v [2022] EWCA Crim 1271 (30 September 2022)

High Court (Administrative Court)

Gregory Park Holding Ltd v Hart District Council [2022] EWHC 2406 (Admin) (03 October 2022)

High Court (Chancery Division)

Sharpe v Dyson & Anor [2022] EWHC 2462 (Ch) (04 October 2022)

Hawken v Jelbert & Anor [2022] EWHC 2472 (Ch) (03 October 2022)

Ventures Food Ltd v Little Dessert Shop Limted [2022] EWHC 2437 (Ch) (30 September 2022)

Plymouth City Council v ABC [2022] EWHC 2426 (Ch) (30 September 2022)

High Court (Family Division)

Guy’s And St Thomas’ NHS Foundation Trust v A & Ors [2022] EWHC 2422 (Fam) (28 September 2022)

Lancashire County Council v PX & Ors [2022] EWHC 2379 (Fam) (21 September 2022)

High Court (Patents Court)

Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2022] EWHC 2363 (Pat) (27 September 2022)

High Court (King’s Bench Division)

Schoultz v Ball & Ors [2022] EWHC 2452 (KB) (03 October 2022)

Piepenbrock v London School of Economics and Political Science & Ors [2022] EWHC 2421 (KB) (30 September 2022)

Juj v John Lewis Partnership PLC [2022] EWHC 2418 (KB) (30 September 2022)

Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB) (29 September 2022)

Charles Street Securities Europe LLP, R (On the Application Of) v The Financial Ombudsman Service [2022] EWHC 2401 (KB) (26 September 2022)

High Speed Two (HS2) Ltd & Anor v Persons Unknown & Ors [2022] EWHC 2364 (KB) (23 September 2022)

Ralph v Given [2022] EWHC 2395 (KB) (23 September 2022)

108 Medical Ltd v Millar [2022] EWHC 2303 (KB) (21 September 2022)

High Speed Two (HS2) Ltd & Anor v Four Categories of Persons Unknown & Ors [2022] EWHC 2360 (KB) (20 September 2022)

High Court (Technology and Construction Court)
Goldberg London Ltd v Primelodge Developments Ltd [2022] EWHC 2430 (TCC) (03 October 2022)

Source: www.bailii.org

Dealing with workplace investigations and employee suspensions – Kingsley Napley Insights Blog

‘Whenever a company or organisation is carrying out an investigation, usually one of the first questions to consider is whether any of the employees involved should be suspended.’

Full Story

Kingsley Napley Insights Blog, 4th October 2022

Source: www.kingsleynapley.co.uk

‘Claims I had sexsomnia destroyed my rape case’ – BBC News

‘Jade McCrossen-Nethercott’s rape case was dropped by the Crown Prosecution Service (CPS) because of claims she had an episode of a rare sleep condition called “sexsomnia”. As a result, the CPS no longer believed they could secure a conviction. But Jade challenged the decision and spent months reinvestigating.’

Full Story

BBC News, 5th October 2022

Source: www.bbc.co.uk

‘Wagatha Christie’ trial: Vardy ordered to pay up to £1.5m of Rooney’s legal fees – The Guardian

Posted October 5th, 2022 in costs, defamation, evidence, media, news, sport by sally

‘Rebekah Vardy will have to pay up to £1.5m to Coleen Rooney in legal fees after losing yet another stage in the “Wagatha Christie” libel trial.’

Full Story

The Guardian, October 2022

Source: www.theguardian.com

Court of Appeal concludes in AG referral of jury acquittal of Colston 4 that ECHR rights were not engaged where damage to property was criminal – UK Human Rights Blog

‘Four defendants were acquitted by a jury in Bristol Crown Court following their trial for allegations of criminal damage on 7 June 2020 to a statue of the English merchant Edward Colston (1636-1721). The story has been widely covered elsewhere so I will limit this post to a discussion of the reference itself.’

Full Story

UK Human Rights Blog, 4th October 2022

Source: ukhumanrightsblog.com

Electronic disclosure in England and Wales – OUT-LAW.com

Posted October 5th, 2022 in disclosure, electronic mail, news, telecommunications by sally

‘Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.’

Full Story

OUT-LAW.com, 4th October 2022

Source: www.pinsentmasons.com

Man admits killing woman and three children in Derbyshire – The Guardian

Posted October 5th, 2022 in child abuse, children, families, homicide, murder, news, rape, sexual offences by sally

‘A man has admitted the manslaughter of a mother and three children, but pleaded not guilty to their murders and denied raping one of the child victims.’

Full Story

The Guardian, 4th October 2022

Source: www.theguardian.com

Van driver avoids jail for punching cyclist unconscious – BBC News

Posted October 5th, 2022 in assault, compensation, dangerous driving, news, sentencing, suspended sentences by sally

‘A van driver who knocked a cyclist unconscious in a road rage attack has been spared jail.’

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BBC News, 4th October 2022

Source: www.bbc.co.uk

Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference – UK Constitutional Law Association

‘On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC will accept the reference, we argue that it should rule that the Scottish Parliament has no legal power to pass legislation facilitating an independence referendum without a section 30 Order. However, we propose that this does not prevent the UKSC from attempting to break the deadlock by declaring that the UK Government is acting unconstitutionally in a political sense if it does not make a section 30 Order. Of course, there is no guarantee that a section 30 Order would be issued – we consider alternative pathways to an Indyref 2, including possible invocations of constituent power, in a forthcoming article – but we argue that this would be a constitutionally proper and desirable approach for the UKSC to take.’

Full Story

UK Constitutional Law Association, 3rd October 2022

Source: ukconstitutionallaw.org

‘Repellent and appalling’ sex offender jailed for groping teen girl on train – The Independent

‘A “dangerous” sex offender with more than 90 criminal convictions has been jailed for groping a teenage girl on a train.’

Full Story

The Independent, 3rd October 2022

Source: www.independent.co.uk

Drivers could be fined £1,000 for letting ambulance pass – how to avoid it – The Independent

Posted October 4th, 2022 in emergency services, fines, news, road traffic offences by sally

‘Drivers are being warned they face a £1,000 fine if they break the Highway Code when allowing an ambulance to pass them on the road.’

Full Story

The Independent, 4th October 2022

Source: www.independent.co.uk

Number of potential trafficking victims locked up in UK triples in four years – The Guardian

Posted October 4th, 2022 in detention, news, reports, statistics, trafficking in human beings, victims by sally

‘The number of potential trafficking victims who have been detained by the Home Office has tripled in four years, according to a new report.’

Full Story

The Guardian, 4th October 2022

Source: www.theguardian.com

Inquest into police shooting of Chris Kaba due to open and adjourn – The Independent

Posted October 4th, 2022 in firearms, inquests, London, news, police by sally

‘The inquest into the death of Chris Kaba, who was shot by police in south London, is due to be opened and adjourned in a short hearing on Tuesday.’

Full Story

The Independent, 4th October 2022

Source: www.independent.co.uk

Essex man jailed over £226m Caribbean resort scam – BBC News

Posted October 4th, 2022 in fraud, news, sentencing by sally

‘A fraudster who duped more than 8,000 people into investing in celebrity-backed luxury Caribbean holiday resorts in a £226m scam has been jailed.’

Full Story

BBC News, 3rd October 2022

Source: www.bbc.co.uk

Suella Braverman to consider giving anonymity to suspected criminals – The Guardian

‘The home secretary will examine the possibility of giving anonymity to suspected criminals after concern over the identification and treatment of high-profile people wrongly accused of sexual abuse.’

Full Story

The Guardian, 3rd October 2022

Source: www.theguardian.com

UK law firms banned from handling transactional work for Russians – Legal Futures

‘UK law firms will be unable to provide “transactional legal advisory services” to Russians after the government ratcheted up the sanctions regime yet further.’

Full Story

Legal Futures, 3rd October 2022

Source: www.legalfutures.co.uk

Rikki Neave police ‘ignored scientific evidence’ – BBC News

‘Six-year-old Rikki Neave disappeared after leaving home for school in November 1994 – his body was discovered the following day. A BBC investigation has found that police ignored scientific evidence to build a case against his mother, leaving his killer free for more than 20 years.’

Full Story

BBC News, 3rd October 2022

Source: www.bbc.co.uk