Removal of gametes from brain dead man would breach his rights to privacy: Court of Protection – UK Human Rights Blog

Posted November 25th, 2022 in consent, Court of Protection, families, human rights, news, privacy by tracey

‘The 22 year old patient in this case, X, was unconscious in intensive care during the course of this hearing, following a serious stroke. There was virtually no prospect that he would recover. This urgent application by X’s parents, out of hours, before Poole J was for a declaration that it would be lawful for a doctor to retrieve X’s sperm for storage after his death. The applicants also sought an order that X’s father V could sign the relevant consents under the Human Fertilisation and Embryology Act 1990 (“The 1990 Act”). The applicants did not seek any orders in respect of the use of X’s sperm once collected and stored. That was for another day.’

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UK Human Rights Blog, 24th November 2022


Recent Statutory Instruments –

Posted November 25th, 2022 in legislation by tracey

SI 2022/1212 – The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022

SI 2022/1209 – The Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022

SI 2022/1208 – The Tax Credits Act 2002 (Additional Payments Modification and Disapplication) Regulations 2022

SI 2022/1203 – The Corporation Tax Act 2010 (Factors Determining Substantial Commercial Interdependence) Regulations 2022

SI 2022/1217 – The Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2022

SI 2022/1198 – The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2022

SI 2022/1197 – The Offshore Installations (Safety Zones) (No. 3) Order 2022

SI 2022/1225 – The Rural Development (Amendment) (No. 2) (England) Regulations 2022

SI 2022/1224 – The Avian Influenza and Influenza of Avian Origin in Mammals (Amendment) (England) Order 2022

SI 2022/1223 – The Financial Services (Miscellaneous Amendments) Regulations 2022

SI 2022/1222 – The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2022

SI 2022/1216 – The Social Workers (Amendment and Transitional Provision) Regulations 2022

SI 2022/1213 – The Data Protection (Adequacy) (Republic of Korea) Regulations 2022

SI 2022/1210 – The Building Safety Act 2022 (Commencement No. 3 and Transitional Provision) Regulations 2022

SI 2022/1227 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 5) Regulations 2022

SI 2022/1220 – The Pensions Dashboards Regulations 2022

SI 2022/1226 – The Elections Act 2022 (Commencement No. 4 and Savings) Regulations 2022


BAILII: Recent Decisions

Posted November 25th, 2022 in law reports by tracey

Supreme Court

Devolution issues under the Scotland Act 1998, Reference by the Lord Advocate (Rev1) [2022] UKSC 31 (23 November 2022)

Court of Appeal (Civil Division)

DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (Re “Newcastle Express”) [2022] EWCA Civ 1555 (24 November 2022)

QX v Secretary of State for the Home Department [2022] EWCA Civ 1541 (22 November 2022)

AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022)

Commissioners for His Majesty’s Revenue and Customs v Centrica Overseas Holdings Ltd [2022] EWCA Civ 1520 (18 November 2022)

AG (A Child), Re [2022] EWCA Civ 1505 (18 November 2022)

Court of Appeal (Criminal Division)

RK, R. v [2022] EWCA Crim 1523 (18 November 2022)

London Fire Commissioner v Bupa Care Homes (ANS) Ltd [2022] EWCA Crim 1508 (17 November 2022)

Skeete, R. v [2022] EWCA Crim 1511 (17 November 2022)

High Court (Administrative Court)

Owczarek v Polish Judicial Authority [2022] EWHC 2913 (Admin) (21 November 2022)

Noren v The Secretary of State for the Home Department [2022] EWHC 2942 (Admin) (21 November 2022)

Wales & West Utilities Ltd, R (On the Application Of) v Competition And Markets Authority [2022] EWHC 2940 (Admin) (21 November 2022)

Ward v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 2932 (Admin) (18 November 2022)

Gulrez, R (On the Application Of) v London Borough of Redbridge [2022] EWHC 2908 (Admin) (18 November 2022)

Niagui v Governor of HMP Wandsworth (Rev1) [2022] EWHC 2911 (Admin) (17 November 2022)

Airedale Chemical Company Ltd, R (On the Application Of) v Revenue And Customs [2022] EWHC 2937 (Admin) (16 November 2022)

High Court (Chancery Division)

Ras Al Khaimah Investment Authority v Azima [2022] EWHC 2980 (Ch) (22 November 2022)

Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors (Re Worldwide Freezing Order) [2022] EWHC 2960 (Ch) (22 November 2022)

Thielmann & Ors v Besharova [2022] EWHC 2879 (Ch) (22 November 2022)

Von Westenholz & Ors v Gregson & Anor [2022] EWHC 2947 (Ch) (21 November 2022)

Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) (21 November 2022)

McLinden v Lu [2022] EWHC 2807 (Ch) (21 November 2022)

Munim v Rahman [2022] EWHC 2870 (Ch) (21 November 2022)

Carton-Kelly v Darty Holdings SAS [2022] EWHC 2873 (Ch) (17 November 2022)

Zumax Nigeria Ltd v First City Monument Bank Plc [2022] EWHC 2885 (Ch) (17 November 2022)

Chowdhury v Ali [2022] EWHC 2924 (Ch) (16 November 2022)

High Court (Commercial Court)

Skatteforvaltningen (The Danish Customs and Tax Administration) (“SKAT”) v Solo Capital
Partners LLP & Ors [2022] EWHC 2969 (Comm) (21 November 2022)

Ebury Partners Belgium SA/NV v Technical Touch BV & Anor [2022] EWHC 2927 (Comm) (18 November 2022)

AMT Vehicle Rental Ltd v Volkswagen Group United Kingdom Ltd [2022] EWHC 2934 (Comm) (18 November 2022)

Aiteo Eastern E&P Company Ltd v Shell Western Supply and Trading Ltd [2022] EWHC 2912 (Comm) (17 November 2022)

Olympic Council of Asia v Novans Jets LLP & Ors [2022] EWHC 2910 (Comm) (16 November 2022)

RQP v ZYX [2022] EWHC 2949 (Comm) (14 November 2022)

High Court (Family Division)

Stacey v McNicholas [2022] EWHC 278 (Fam) (02 November 2022)

High Court (King’s Bench Division)

Kerseviciene v Quadri & Anor [2022] EWHC 2952 (KB) (21 November 2022)

Kerseviciene v Quadri & Anor [2022] EWHC 2951 (KB) (21 November 2022)

His Majesty’s Attorney General for England and Wales v British Broadcasting Corporation (Costs) [2022] EWHC 2925 (KB) (18 November 2022)

Horlick & Ors v Cavaco & Ors [2022] EWHC 2935 (KB) (18 November 2022)

Ogedegbe v Simplyhealth People Ltd [2022] EWHC 2694 (KB) (17 November 2022)


New laws to better protect victims from abuse of intimate images – Ministry of Justice

Posted November 25th, 2022 in bills, consent, internet, Law Commission, Ministry of Justice, news, pornography, victims by tracey

‘Victims will be better protected from abusers who share intimate images without their consent, under a raft of changes to the law announced today (25 November 2022).’

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Ministry of Justice, 25th November 2022


So-called honour-based abuse inquiry launched – Family Law

‘The Women and Equalities Committee launch an inquiry into so-called honour-based abuse, as part of its work on preventing violence against women and girls.’

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Family Law, 21st November 2022


Rude judge? Don’t just shrug your shoulders, says LCJ – Law Society’s Gazette

Posted November 25th, 2022 in barristers, codes of practice, complaints, judges, judiciary, news by tracey

‘Lawyers should raise complaints about a rude judge at an early stage rather than let the problem grow and fester, the lord chief justice has told the Bar Council’s flagship conference.’

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Law Society's Gazette, 24th November 2022


Parental Responsibility, the Modern Family and Access to Justice – Family Law Week

Posted November 25th, 2022 in children, families, family courts, news, parental responsibility by tracey

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris LLP, explores the concept of parental responsibility and LAA funding issues in the context of a changing society.’

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Family Law Week, 18th November 2022


Leicestershire mum campaigns for workplace fertility rights – BBC News

Posted November 25th, 2022 in employment, families, news, pregnancy, women by tracey

‘A mum is calling for more workplace rights for people undergoing fertility treatment. Becky Kearns, from Bottesford in Leicestershire, underwent five rounds of failed IVF treatment before having three children through egg donation. She is supporting a private members’ bill brought by MP Nickie Aiken, calling for a right to paid time off, which is due to be heard later.’

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BBC News, 25th November 2022


Restorative justice: Victims who meet offenders say it helps recovery – BBC News

Posted November 25th, 2022 in criminal justice, news, prisons, rehabilitation, victims by tracey

‘More than 70% of victims in Greater Manchester who chose to communicate with offenders have said it helped their recovery, research has shown. Greater Manchester Combined Authority said 1,500 victims had been in touch with their perpetrator through the restorative justice system since 2019.’

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BBC News, 25th November 2022


Watchdog apologises for saying MPs’ Christmas party costs are claimable – The Guardian

Posted November 25th, 2022 in expenses, government departments, news, ombudsmen, political parties by tracey

‘The MPs’ expenses watchdog has apologised for telling parliamentarians they could claim back some costs for Christmas parties.’

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The Guardian, 24th November 2022


Logan Mwangi: Murder prompts information sharing review – BBC News

‘The murder of a five-year-old boy has prompted a review into how the NHS, social services, police and schools share information. It was one of the recommendations of the report into Logan Mwangi’s death which ministers said will be adopted.’

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BBC News, 25th November 2022


Law Commission recommendations to protect victims of intimate image abuse to be implemented – Law Commission

Posted November 25th, 2022 in bills, consent, internet, Law Commission, Ministry of Justice, news, pornography, victims by tracey

‘The Government has today announced that it will implement Law Commission recommendations to strengthen the law to protect victims of intimate image abuse.’

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Law Commission, 25th November 2022


Meta seeks government protection from Rees-Mogg’s EU law bonfire – The Guardian

Posted November 25th, 2022 in bills, brexit, company law, EC law, internet, news by tracey

‘Facebook and Instagram have asked for government protection from Jacob Rees-Mogg’s bonfire of up to 4,000 EU laws on post-Brexit statute books. In a letter to a parliamentary committee to be published on Friday, the parent group, Meta, asks that laws underpinning social media firms are either “explicitly maintained elsewhere” or “removed from the scope” of the retained EU law (revocation and reform) bill.’

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The Guardian, 25th November 2022


Stalking super-complaint launched against police – BBC News

Posted November 25th, 2022 in charities, complaints, murder, news, stalking, victims by tracey

‘Campaigners have launched a super-complaint against the police over their approach to stalking. The National Stalking Consortium has claimed officers are failing to identify offenders, properly investigate crimes or protect victims.’

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BBC News, 25th November 2022


M25 protests: Arrests of journalists not justified, review finds – BBC News

Posted November 24th, 2022 in climate change, demonstrations, media, news, nuisance, police, roads, wrongful arrest by sally

‘A review into the actions of a police force during a Just Stop Oil protest on the M25 has concluded the arrests of journalists “were not justified”.’

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BBC News, 23rd November 2022


Council prosecution sees defendant ordered to pay £80k+ over tree preservation order breach – Local Government Lawyer

Posted November 24th, 2022 in fines, local government, news, trees by sally

‘A defendant has been ordered to pay more than £80,000 over the destruction of 16 oak trees in breach of a tree preservation order.’

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Local Government Lawyer, 23rd November 2022


Bar Council piles pressure on BSB over Dinah Rose case – Legal Futures

Posted November 24th, 2022 in barristers, complaints, disciplinary procedures, news by sally

‘The Bar Council has taken the unusual step of criticising the Bar Standards Board (BSB) for its “unacceptable and inexcusable” handling of a complaint against Dinah Rose KC.’

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Legal Futures, 24th November 2022


Footballer Quitongo loses race discrimination claim against former club – The Independent

Footballer Rico Quitongo has described losing his race discrimination claim against his former club as a “bitter blow”.

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The Independent, 24th November 2022


New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

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UKSC Blog, 23rd November 2022


MPs back tougher economic crime fines and oversight for lawyers – Legal Futures

‘MPs have backed giving the Solicitors Regulation Authority (SRA) unlimited fining powers in cases of economic crime.’

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Legal Futures, 24th November 2022