Landlord was warned of mould that killed toddler in Rochdale flat – The Guardian

‘A health visitor wrote to housing officials expressing concern about conditions in a rented flat months before a two-year-old died after his exposure to mould.’

Full Story

The Guardian, 8th November 2022

Source: www.theguardian.com

Judge ‘in error’ over sentence for Jeremy Vine stalker, says solicitor general – The Guardian

Posted November 8th, 2022 in appeals, judges, news, sentencing, stalking by sally

‘The judge who sentenced Jeremy Vine’s stalker to five and a half years in prison made a mistake and could have given Alex Belfield a higher sentence, one of the UK government’s most senior legal advisers has said.’

Full Story

The Guardian, 8th November 2022

Source: www.theguardian.com

Neurodivergence in the CJS and the role of the Bar (1) – Counsel

Posted November 8th, 2022 in autism, barristers, criminal justice, disabled persons, diversity, dyslexia, news by sally

‘Thinking differently, engaging differently: the first of this two-part series by Dr Tom Smith looks at the experience of neurodivergent individuals in the criminal justice system and how barristers can mitigate/aggravate the challenges.’

Full Story

Counsel, November 2022

Source: www.counselmagazine.co.uk

Mental health patients held ‘unlawfully’ in A&Es across the country, experts warn – The Independent

Posted November 8th, 2022 in detention, hospitals, mental health, news, time limits by sally

‘Mental health patients are being held “unlawfully” in A&Es across the country as long waits for care and beds force staff into “fudging” the law, The Independent has been told.’

Full Story

The Independent, 8th November 2022

Source: www.independent.co.uk

UK rolling back efforts to tackle modern slavery, charity says – The Guardian

‘The UK has been accused of “rolling back” moves to tackle modern slavery before a UN review of its human rights record on Thursday.’

Full Story

The Guardian, 8th November 2022

Source: www.theguardian.com

Ruling supports ‘bad faith’ trade mark counterclaims – OUT-LAW.com

Posted November 8th, 2022 in news, striking out, trade marks by sally

‘Assertions that a trade mark has been registered in bad faith should be assumed to be true unless the trade mark holder can provide evidence to demonstrate otherwise, the Court of Appeal has said.’

Full Story

OUT-LAW.com, 7th November 2022

Source: www.pinsentmasons.com

LSB promises regulators “greater autonomy” in performance regime – Legal Futures

Posted November 8th, 2022 in legal profession, Legal Services Board, news, standards by sally

‘The Legal Services Board (LSB) has promised the frontline legal regulators “greater autonomy” in the framework it will use to assess regulators’ progress.’

Full Story

Legal Futures, 8th November 2022

Source: www.legalfutures.co.uk

Eastbourne couple jailed for neglecting children in squalid house – BBC News

Posted November 8th, 2022 in animal cruelty, child neglect, dogs, guilty pleas, news, sentencing by sally

‘A couple who neglected children in a house filled with litter, rotting food and animal faeces have been jailed.’

Full Story

BBC News, 7th November 2022

Source: www.bbc.co.uk

Just Stop Oil: High Court grants injunction to prevent M25 protests Published 23 hours ago – BBC News

‘A High Court injunction has been granted to prevent Just Stop Oil protesters disrupting the M25.’

Full Story

BBC News, 6th November 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 7th, 2022 in legislation by tracey

SI 2022/1132 – The National Health Service (Primary Dental Services) (Amendment) Regulations 2022

SI 2022/1131 – The National Health Service (Performers Lists) (England) (Amendment) Regulations 2022

SI 2022/1129 – The Feed Additives (Authorisations) (England) Regulations 2022

SI 2022/1125 – The Energy Bill Relief Scheme and Energy Price Guarantee Pass-through Requirement and Miscellaneous Amendments Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 7th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Parveen v Hussain [2022] EWCA Civ 1434 (04 November 2022)

Court of Appeal (Criminal Division)

Nguyen, R. v [2022] EWCA Crim 1444 (04 November 2022)

High Court (Administrative Court)

Hojden v District Court, Gorzow, Wielkopolski, Poland (Appeal Under Section 26 of the Extradition Act 2003) [2022] EWHC 2725 (Admin) (04 November 2022)

High Court (Chancery Division)

Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch) (04 November 2022)

Financial Conduct Authority v Papadimitrakopoulos & Anor [2022] EWHC 2792 (Ch) (04 November 2022)

High Court (Commercial Court)

Khouj v Acropolis Capital Management Ltd & Anor [2022] EWHC 2802 (Comm) (07 November 2022)

VTB Commodities Trading DAC v JSC Antipinsky Refinery [2022] EWHC 2795 (Comm) (04 November 2022)

Moss & Ors v Martin & Anor [2022] EWHC 2788 (Comm) (04 November 2022)

Sefe Marketing & Trading Ltd v Vitol SA [2022] EWHC 2800 (Comm) (03 November 2022)

Source: www.bailii.org

Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal

Posted November 7th, 2022 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’

Full Story

Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

Clicks, pops and nuisance – Nearly Legal

Posted November 7th, 2022 in expert witnesses, housing, leases, news, noise, nuisance by tracey

‘Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC). This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn.’

Full Story

Nearly Legal, 6th November 2022

Source: nearlylegal.co.uk

The latest injunction against HS2 protestors bans nearly everyone anywhere on 170 mile route – UK Human Rights Blog

‘High Speed Two (HS2) Limited and the Secretary of State for Transport v Four Categories of Persons Unknown and Ross Monaghan and 58 other Named Defendants [2022] EWHC 2360 (KB). This case involved the application, and grant, of an interim injunction in the “unknown” as well as “known” protester context by Knowles J in the Birmingham District Registry.’

Full Story

UK Human Rights Blog, 7th November 2022

Source: ukhumanrightsblog.com

The small boats storm and the unlawful seizure of mobile phones – UK Human Rights Blog

‘The storm raging around small boats arriving on the south coast has been brewing for some time. In early summer the focus was a policy to send arrivals to Rwanda. Intervention by the European Court of Human Rights effectively suspended flights while a domestic ruling on the policy’s legality is awaited. Meanwhile, in Dover a migrant processing centre has been firebombed, another is dangerously overcrowded, and the new Home Secretary raises tensions by speaking of an “invasion”.’

Full Story

UK Human Rights Blog, 4th November 2022

Source: ukhumanrightsblog.com

Slough woman unable to access upstairs because of council grant delay, Ombudsman finds – Local Government Lawyer

Posted November 7th, 2022 in compensation, delay, disabled persons, housing, local government, news, ombudsmen by tracey

‘A disabled woman had to sleep, eat and wash in her downstairs living room because Slough Borough Council took too long to decide whether she can have a stairlift, an investigation by the Local Government and Social Care Ombudsman has revealed.’

Full Story

Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Council pays £55,000 and makes an apology to survivor of abuse in children’s home – Local Government Lawyer

‘Essex County Council has personally apologised to a man and agreed to pay him £55,000 in compensation following a civil compensation claim over sexual abuse he suffered as a child while in the council’s care.’

Full Story

Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary

Posted November 7th, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, speeches by tracey

‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’

Full speech

Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Rule makers to give ‘early notice’ of fixed costs rules – Law Society’s Gazette

Posted November 7th, 2022 in civil justice, civil procedure rules, costs, news by tracey

‘The final procedural rules for next April’s extension of fixed recoverable costs to civil claims worth up to £100,000 will be made public as soon as possible, Lord Justice Birss said last week.’

Full Story

Law Society’s Gazette, 7th November 2022

Source: www.lawgazette.co.uk

New powers for forensic science regulator by end of March – Law Society’s Gazette

‘Forensic science witnesses in criminal justice cases can expect to be subject to the Forensic Science Regulator’s statutory regime by the end of March 2023, incumbent regulator Gary Pugh said today.’

Full Story

Law Society’s Gazette, 4th November 2022

Source: www.lawgazette.co.uk