Rishi Sunak urged to scrap ‘undemocratic’ proposals to axe 2,400 laws – The Guardian

Posted October 25th, 2022 in bills, brexit, EC law, news, repeals by sally

‘Employers, trade unions, lawyers and environmentalists are calling on Rishi Sunak to scrap Jacob Rees-Mogg’s legislation that would sweep away 2,400 laws derived from the EU.’

Full Story

The Guardian, 24th October 2022

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 25th, 2022 in law reports by tracey

High Court (Chancery Division)

Kelly-Lambo v Lambo [2022] EWHC 2672 (Ch) (21 October 2022)

Shuker v Inspecs Ltd (Rev1) [2022] EWHC 2668 (Ch) (21 October 2022)

Manolete Partners Plc v Coleman & Ors (Re David Coleman & Co Ltd) [2022] EWHC 2644 (Ch) (20 October 2022)

Malik v Henley Homes Plc [2022] EWHC 2611 (Ch) (20 October 2022)

Bank of London Group Ltd v Simmons & Simmons Llp [2022] EWHC 2617 (Ch) (20 October 2022)

High Court (Commercial Court)

National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor [2022] EWHC 2641 (Comm) (21 October 2022)

Ceto Shipping Corporation v Savory Shipping Inc [2022] EWHC 2636 (Comm) (21 October 2022)

High Court (Family Division)

E (A Child), Re [2022] EWHC 2650 (Fam) (19 October 2022)

High Court (King’s Bench Division)

Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2688 (KB) (24 October 2022)

Muyepa v Ministry of Defence [2022] EWHC 2648 (KB) (21 October 2022)

Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2664 (KB) (21 October 2022)

Atmani & Ors v Royal Borough of Kensington & Chelsea & Ors [2022] EWHC 2618 (KB) (19 October 2022)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 24th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Doran & Anor v County Rentals Ltd (t/a Hunters) [2022] EWCA Civ 1376 (24 October 2022)

Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375 (24 October 2022)

Rowe v London Borough of Haringey [2022] EWCA Civ 1370 (21 October 2022)

L3 v Secretary of State for the Home Department [2022] EWCA Civ 1357 (21 October 2022)

Al-Subaihi & Anor v Al-Sanea [2022] EWCA Civ 1349 (20 October 2022)

Court of Appeal (Criminal Division)

Surrey, R. V [2022] EWCA Crim 1379 (21 October 2022)

High Court (Administrative Court)

Rhieni Dros Addysg Gymraeg (Parents for Welsh-Medium Education), R (On the Application Of) v Neath Port Talbot County Borough Council [2022] EWHC 2674 (Admin) (24 October 2022)

TBG v A Chief Constable of Police [2022] EWHC 2665 (Admin) (21 October 2022)

Bickford-Smith, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2022] EWHC 2622 (Admin) (20 October 2022)

Bernacki v The Regional Court In Slupsk, Poland [2022] EWHC 2630 (Admin) (19 October 2022)

Standard Life Assurance Ltd v Secretary of State for Levelling-Up, Housing And Communities & Ors[2022] EWHC 2632 (Admin) (19 October 2022)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 24th, 2022 in legislation by michael

SI 2022/1075 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 3) Regulations 2022

SI 2022/1073 – The Warm Home Discount (Scotland) Regulations 2022

SI 2022/1072 – The Air Navigation (Restriction of Flying) (Queen Elizabeth II Bridge, West Thurrock) (Emergency) (Revocation) Regulations 2022

SI 2022/1070 – The A47/A11 Thickthorn Junction Development Consent Order 2022

SI 2022/1068 – The Air Navigation (Restriction of Flying) (Queen Elizabeth II Bridge, West Thurrock) (Emergency) Regulations 2022

SI 2022/1067 – The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

SI 2022/1065 – The Air Navigation (Restriction of Flying) (Royal Air Force Coningsby) Regulations 2022

SI 2022/1060 – The Ministry of Defence Police (Committee) (Amendment) Regulations 2022

SI 2022/1059 – The Environment Agency (Upper Black Moss and Lower Black Moss Reservoirs) Drought Order 2022

SI 2022/1055 – The Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2022

SI 2022/1053  – The Hampshire and Isle of Wight Police Area (Consequential Amendments) Regulations 2022

Source: www.legislation.gov.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

Full Story

Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

Full Story

Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Law Society has ‘duty’ to tell solicitors to shun underpaid work, says president – The Guardian

‘The new president of the Law Society has said the association has a duty to tell solicitors in England and Wales to refuse criminal work if they are not paid properly for it, as they demand a 15% increase in legal aid fees to give them parity with barristers.’

Full Story

The Guardian, 23rd October 2022

Source: www.theguardian.com

Jail for pair who exploited 13-year-old drug mule – The Independent

Posted October 24th, 2022 in children, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A “callous” couple who exploited a 13-year-old boy to run heroin and crack cocaine from London to Kent as part of a county lines drugs operation have been jailed for a total of 12 years.’

Full Story

The Independent, 24th October 2022

Source: www.independent.co.uk

Family lawyers and judges “need menopause training” – Legal Futures

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

Full Story

Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk

Is Enough Being Done To Support ‘Adults At Risk’ In Immigration Detention? – Each Other

Posted October 24th, 2022 in detention, government departments, immigration, mental health, news by sally

‘The UK government can detain people considered not to have the legal right to be in the UK or whose claim to stay in the UK is being decided under immigration powers. These people can be detained by the Home Office in immigration removal centres (IRCs) in the UK, or prisons if they are serving a custodial sentence. But what happens when someone in detention is considered ‘particularly vulnerable to harm in immigration detention’?’

Full Story

Each Other, 24th October 2022

Source: eachother.org.uk

Travel and childcare costs ‘stopping domestic abuse victims getting to court’ – The Independent

‘The cost-of-living crisis is increasingly being used as justification for domestic abuse while some victims are unable to afford to get to court to obtain protection, a charity has warned.’

Full Story

The Independent, 24th October 2022

Source: www.independent.co.uk

Requirements for private sector offers in discharge of duty – Nearly Legal

Posted October 24th, 2022 in appeals, homelessness, housing, local government, news, statutory duty by sally

‘A second appeal from a section 204 appeal of Haringey’s decision to discharge homeless duty following a private rented sector offer (PRSO).’

Full Story

Nearly Legal, 23rd October 2022

Source: nearlylegal.co.uk

Seeking Leave to Oppose the Making of an Adoption Order – Becket Chambers

Posted October 24th, 2022 in adoption, care orders, chambers articles, children, families, family courts, news by sally

‘Following the conclusion of Care proceedings and where a child has been placed for adoption, a parent may only oppose the making of an adoption order with leave of the court. A parent’s application seeking leave of the court will have two stages. Firstly, the court needs to be satisfied, on the facts, that there has been a change of circumstances within section 47(7) Adoption and Children Act 2002 (“the 2002 Act”). Secondly, if there has been such a change, the court will then need to consider the application of section 1 of the 2002 Act to the facts of the case with the paramount consideration of the court being the child’s welfare throughout their life.’

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Becket Chambers, 19th October 2022

Source: becket-chambers.co.uk

Police apologise to woman for not pursuing sex assault report – BBC News

Posted October 24th, 2022 in evidence, media, news, police, sexual offences, victims by sally

‘A woman who was sexually assaulted at a bus station said police failed to act despite her sending them photos of her attacker.’

Full Story

BBC News, 24th October 2022

Source: www.bbc.co.uk

Rees-Mogg move to axe 2,400 laws is ‘anti-democratic’, say legal experts – The Guardian

Posted October 24th, 2022 in bills, brexit, EC law, government departments, news, statute law revision by sally

‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’

Full Story

The Guardian, 24th October 2022

Source: www.theguardian.com

Good faith: reliance on the repugnant – Practical Law: Construction Blog

Posted October 21st, 2022 in appeals, construction industry, contracts, news, Supreme Court by tracey

‘English law has, to put it mildly, a fractious relationship with the concept of good faith. There is a deep-rooted scepticism towards it that has often manifested as outright hostility: Lord Ackner famously described the duty to negotiate in good faith as “inherently repugnant to the adversarial position of the parties” (Walford v Miles). Indeed, the Supreme Court has recently confirmed that there is no general principle of good faith in English law (Times Travel (UK) Ltd and another v Pakistan International Airlines Corp).’

Full Story

Practical Law: Construction Blog , 19th October 2022

Source: constructionblog.practicallaw.com

The risks in the written representations procedure – Local Government Lawyer

Posted October 21st, 2022 in appeals, enforcement notices, housing, local government, news, planning by tracey

‘The High Court has overturned an inspector’s decision to uphold an enforcement notice in respect of a property in south-west London. Sam Fowles explains why.’

Full Story

Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

City council to refund 11 years of care home top-up fees to family following Ombudsman investigation – Local Government Lawyer

Posted October 21st, 2022 in care homes, compensation, delay, families, fees, local government, news, ombudsmen by tracey

‘An investigation by the Local Government and Social Care Ombudsman has concluded that a family should never have been charged for 11 years’ worth of care home top-up fees for their mother’s care.’

Full Story

Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Construction begins on brand new flagship London court in the Square Mile – Ministry of Justice

Posted October 21st, 2022 in computer crime, courts, fraud, London, Ministry of Justice, money laundering, news by tracey

‘The construction of a state-of-the-art combined court is underway in the heart of London’s legal centre as part of Salisbury Square, a new development on Fleet Street.’

Full Story

Ministry of Justice, 18th October 2022

Source: www.gov.uk

Family lawyers and judges “need menopause training” – Legal Futures

‘A large majority of women (76%) who have experienced divorce or separation and the menopause believe family lawyers and judges should have training on the issue so they can “factor it into their cases”.’

Full Story

Legal Futures, 21st October 2022

Source: www.legalfutures.co.uk