Recent Statutory Instruments –

Posted November 30th, 2022 in legislation by tracey

SI 2022/1230 – The Police, Fire and Crime Commissioner for Cumbria (Fire and Rescue Authority) Order 2022

SI 2022/1250 – The State Pension Debits and Credits (Revaluation) Order 2022

SI 2022/1243 – The Income Tax (Pay As You Earn) (Amendment) Regulations 2022

SI 2022/1249 – The Public Interest Disclosure (Prescribed Persons) (Amendment) (No. 2) Order 2022

SI 2022/1219 – The Merchant Shipping (High Speed Craft) Regulations 2022

SI 2022/1218 – The Merchant Shipping (Additional Safety Measures for Bulk Carriers) Regulations 2022


BAILII: Recent Decisions

Posted November 30th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Mastercard Incorporated & Ors v Merricks [2022] EWCA Civ 1568 (29 November 2022)

Cooper v The Freedom Travel Group Ltd [2022] EWCA Civ 1557 (25 November 2022)

Crowter & Anor, R (On the Application Of) v The Secretary of State for Health And Social Care [2022] EWCA Civ 1559 (25 November 2022)

High Court (Administrative Court)

Selevicius, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 3022 (Admin) (28 November 2022)

Save Britain’s Heritage, R (On the Application Of) v Herefordshire County Council [2022] EWHC 2984 (Admin) (25 November 2022)

Murtagh v Secretary of State for Levelling Up, Housing and Communities [2022] EWHC 2991 (Admin) (25 November 2022)

Hexpress Healthcare Ltd, R (On the Application Of) v Care Quality Commission [2022] EWHC 2943 (Admin) (25 November 2022)

High Court (Chancery Division)

Perez v Equiom Trust Corporation (UK) Ltd & Anor [2022] EWHC 2996 (Ch) (29 November 2022)

Angelic Interiors Ltd (In Administration), Re (Rev1) [2022] EWHC 2974 (Ch) (29 November 2022)

Andrew v Royal Devon And Exeter NHS Foundation Trust [2022] EWHC 2992 (Ch) (28 November 2022)

Patley Wood Farm LLP & Ors v Kicks & Ors [2022] EWHC 2973 (Ch) (25 November 2022)

Moorgate Industries UK Ltd v Mittal & Anor [2022] EWHC 3009 (Ch) (25 November 2022)

Lehman Brothers International (Europe) (In Administration) & Ors, Re [2022] EWHC 2995 (Ch) (25 November 2022)

Durose & Ors v Tagco BV & Ors [2022] EWHC 3000 (Ch) (25 November 2022)

High Court (Commercial Court)

Qatar Investment & Projects Development Holding Co & Anor v John Eskenazi Ltd & Anor [2022] EWHC 3023 (Comm) (29 November 2022)

Frangou v Frangos [2022] EWHC 3031 (Comm) (29 November 2022)

LMN v Bitflyer Holdings Inc & Ors [2022] EWHC 2954 (Comm) (29 November 2022)

Last Bus Ltd (t/a Dublin Coach) v Dawsongroup Bus And Coach Ltd & Anor [2022] EWHC 2971 (Comm) (28 November 2022)

Buheiry v VistaJet Ltd [2022] EWHC 2998 (Comm) (25 November 2022)

CW & CG Claims Ltd v Clarkewood Ltd & Anor [2022] EWHC 2959 (Comm) (25 November 2022)

High Court (Family Division)

A & Anor v B & Anor [2022] EWHC 2962 (Fam) (23 November 2022)

High Court (King’s Bench Division)

Parsons v Garnett & Ors [2022] EWHC 3017 (KB) (28 November 2022)

Carr v G4S Care and Justice Services (UK) Ltd [2022] EWHC 3003 (KB) (25 November 2022)

Idnekpoma v Amazon UK Services Ltd [2022] EWHC 3010 (KB) (25 November 2022)

Gooderson v Qureshi [2022] EWHC 2977 (KB) (25 November 2022)

Brown v G & K Manson Ltd [2022] EWHC 3004 (KB) (24 November 2022)


One for all: SRA regulation for staff – Kingsley Napley Employment Law Blog

‘All those who work in law firms, not just lawyers, are liable to sanction by both their employer and the SRA for acts of misconduct…’

Full Story

Kingsley Napley Employment Law Blog, 29th November 2022


MoJ: Number of unrepresented claimants is not measure of OIC success – Legal Futures

‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’

Full Story

Legal Futures, 30th November 2022


Mastercard fails to throw out class of ‘dead claimants’ – Law Society’s Gazette

Posted November 30th, 2022 in appeals, banking, class actions, competition, news by sally

‘Court of Appeal judges today unanimously dismissed an appeal against the landmark decision this year to allow about three million now deceased people to continue to be part of a mammoth group action against Mastercard. The ruling concludes a six-year struggle to get the collective proceedings certified in the Competition Appeal Tribunal.’

Full Story

Law Society's Gazette, 29th November 2022


Colin Murray: A New Period of “Indirect” Direct Rule – The Northern Ireland (Executive Formation etc) Bill – UK Constitutional Law Association

‘Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a proposal in the New Decade, New Approach Agreement of January 2020, was that during its 24-week post-election period Northern Ireland Executive ministers would continue to hold office and take decisions within their remit. This period prevented what Lord Bingham referred to in Robinson as a “persisting vacuum in the conduct of devolved government” (para 15). Its extended duration under the 2022 legislation was intended to provide a sufficient window after an election for a new power sharing administration to be formed, but to keep a count-down to new elections in place to focus Northern Ireland’s major parties towards that end. This arrangement, however, has proven no more effective as an impetus than the terms that it replaced.’

Full Story

UK Constitutional Law Association, 29th November 2022


Calls for UK ban on pre-payment meter installations made under court warrants – The Guardian

Posted November 30th, 2022 in consumer protection, debts, energy, news by sally

‘Campaigners have called for an immediate ban on pre-payment meter (PPM) installations made under court warrants because of fears that energy suppliers are using them to disconnect the poorest, most indebted customers “by the back door”.’

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The Guardian, 29th November 2022


‘Deeply unjust’ postcode lottery putting lives of domestic abuse victims at risk – The Independent

Posted November 30th, 2022 in bills, domestic violence, news, reports, statistics, victims by sally

‘The Domestic Abuse Commissioner has warned a “deeply unjust” postcode lottery is putting the lives of victims at risk in a report that maps services nationally for the first time ever.’

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The Independent, 29th November 2022


Offences Against Match Officials: Where to Draw the Line? – Football Law

Posted November 30th, 2022 in assault, disciplinary procedures, interpretation, news, sport by sally

‘What constitutes an “assault” in the FA Disciplinary Regulations? Where is the line to be drawn within the FA Disciplinary Regulations between an “assault” and the lesser offence of “physical contact”? A recent decision of an FA Appeal Board has provided some much-needed clarity addressing these questions insofar as they relate to offences against match officials as outlined in paragraph 96 of the FA Disciplinary Regulations, Part D – On-Field Regulations, Section 3 (“OFR, Section 3”).’

Full Story

Football Law, November 2022


Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

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UK Constitutional Law Association, 29th November 2022


New Legal Duty to Require Local Bodies to Consider How Decision-Making Impacts Members of Armed Forces Community – Local Government Lawyer

Posted November 30th, 2022 in armed forces, government departments, local government, news, statutory duty by sally

‘Councils, NHS trusts and other local bodies will be required to consider how their decision-making impacts upon members of the Armed Forces community, under a new duty introduced last week (22 November).’

Full Story

Local Government Lawyer, 28th November 2022