UK’s treatment of asylum seekers must comply with international law, UN says – The Independent

‘The UK should make sure its “treatment of asylum seekers complies with international laws”, members of the United Nations Human Rights Council said.’

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The Independent, 10th November 2022


Man jailed for life over murder of partner 21 years after fire attack – The Guardian

Posted November 11th, 2022 in domestic violence, fire, grievous bodily harm, imprisonment, murder, news, sentencing by tracey

‘A man has been jailed for life and told he will serve at least 15 years for the “sadistic” and “monstrous” murder of his partner, who died 21 years after he doused her with petrol and set her on fire. In what is believed to be a legal first, Steven Craig, 58, was convicted of murdering Jacqueline Kirk more than two decades after the attack, having already served almost 19 years in prison for it.’

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The Guardian, 10th November 2022


Stamford Hill: Man guilty of attacking three Jewish people – BBC News

Posted November 11th, 2022 in grievous bodily harm, Judaism, news, religiously aggravated offences by tracey

‘A man has been found guilty of carrying out antisemitic attacks on three Jewish people.’

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BBC News, 10th November 2022


Police are failing crime victims, says UK neighbourhood officer – BBC News

Posted November 11th, 2022 in criminal justice, news, police, victims by tracey

‘Police are spending too much time taking care of societal problems and are not tackling enough crime, the UK lead for neighbourhood policing says. Chief Constable Olivia Pinkney says officers can spend half their shifts working on behalf of other services.’

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BBC News, 11th November 2022


Personal injury solicitor awarded £32,000 for unfair dismissal – Legal Futures

‘A personal injury solicitor who was transferred to a new law firm without notice or consultation has been awarded just under £32,000 in damages by an employment tribunal.’

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Legal Futures, 10th November 2022


Recent Statutory Instruments –

Posted November 10th, 2022 in legislation by tracey

SI 2022/1145 – The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022

SI 2022/1153 – The Subsidy Control (Subsidy Database Information Requirements) Regulations 2022

SI 2022/1152 – The Subsidy Control (Information-Gathering Powers) (Modification) Regulations 2022

SI 2022/1150 – The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022

SI 2022/1149 – The Local Land Charges (Amendment) Rules 2022

SI 2022/1148 – The Childcare Payments (Miscellaneous Amendments) Regulations 2022

SI 2022/1147 – The Taxation (International and Other Provisions) Act 2010 Transfer Pricing Guidelines Designation Order 2022

SI 2022/1146 – The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2022

SI 2022/1144 – The Hybrid and Other Mismatches (Financial Instruments: Excluded Instruments) (Amendment) Regulations 2022

SI 2022/1163 – The Water Fluoridation (Consultation) (England) Regulations 2022

SI 2022/1162 – The Warm Home Discount (Reconciliation) Regulations 2022

SI 2022/1151 – The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2022

SI 2022/1168 – The Football Spectators (Relevant Offences) Regulations 2022

SI 2022/1165 – The Insurance Contracts (Tax) (Change in Accounting Standards) Regulations 2022

SI 2022/1164 – The Finance Act 2022, Part 2 of Schedule 5 (Insurance Contracts: Change in Accounting Standards) (Commencement and Savings Provision) Regulations 2022

SI 2022/1134 – The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

SI 2022/1133 – The Early Years Foundation Stage (Welfare Requirements) (England) (Amendment) Regulations 2022


BAILII: Recent Decisions

Posted November 10th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

SSE Generation Ltd & Ors, R (On the Application Of) v Competition and Markets Authority [2022] EWCA Civ 1472 (08 November 2022)

GW Pharma Ltd & Anor v Otsuka Pharmaceutical Co. Ltd [2022] EWCA Civ 1462 (08 November 2022)

Court of Appeal (Criminal Division)

Anderson v R. [2022] EWCA Crim 1465 (09 November 2022)

Richards v Rex [2022] EWCA Crim 1470 (08 November 2022)

High Court (Administrative Court)

The Director of Public Prosecutions v Charlesworth [2022] EWHC 2835 (Admin) (09 November 2022)

Bouchti v London Borough of Enfield [2022] EWHC 2809 (Admin) (09 November 2022)

CPRE (Somerset), R (On the Application Of) v South Somerset District Council [2022] EWHC 2817 (Admin) (08 November 2022)

Tesco Stores Ltd, R (On the Application Of) v Allerdale Borough Council [2022] EWHC 2827 (Admin) (08 November 2022)

YR, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 2813 (Admin) (08 November 2022)

Build Hollywood Ltd v London Borough of Hackney [2022] EWHC 2806 (Admin) (07 November 2022)

High Court (Chancery Division)

Margulies v Margulies [2022] EWHC 2843 (Ch) (10 November 2022)

Hopes & Anor (Trustees of the Skandia Life Policy Trust) v Burton & Ors [2022] EWHC 2770 (Ch) (09 November 2022)

Weiss Technik UK Ltd & Ors v Davies & Ors [2022] EWHC 2773 (Ch) (08 November 2022)

High Court (Commercial Court)

Royal & Sun Alliance Insurance Ltd & Ors v Tughans (a firm) [2022] EWHC 2825 (Comm) (09 November 2022)

High Court (Patents Court)

Teva Pharmaceutical Industries Ltd & Anor v Novartis AG & Anor [2022] EWHC 2847 (Pat) (10 November 2022)

Lisa Draxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat) (08 November 2022)

High Court (King’s Bench Division)

AB v Chief Constable of British Transport Police [2022] EWHC 2749 (KB) (07 November 2022)


Assault EW cases and the perverse effects of virtue-signalling legislation – Counsel

Posted November 10th, 2022 in assault, autism, emergency services, hospitals, imprisonment, mental health, news, police by sally

‘Defence lawyers are concerned that charging is frequently not in the public interest and that defendants with severe mental health problems and/or who are neurodivergent are being pointlessly swept into the criminal justice system, warns Penelope Gibbs.’

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Counsel, November 2022


Cloudside man who served mince pies in lockdown jailed – BBC News

‘A man who broke Covid lockdown rules by serving wine and mince pies at a shooting club, then later attempted to destroy evidence, has been jailed.’

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BBC News, 9th November 2022


MPs warn court system is failing to support public understanding of justice system – Local Government Lawyer

Posted November 10th, 2022 in civil justice, criminal justice, judgments, news, reports by sally

‘The Justice Committee has called for a “renewed focus” in the court system to remove barriers to the media and members of the public coming to court proceedings.’

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Local Government Lawyer, 9th November 2022


Councils in court over hotels housing asylum seekers – BBC News

Posted November 10th, 2022 in asylum, change of use, hotels, injunctions, local government, news, planning by sally

‘Lawyers for two councils have urged the High Court to block the Home Office’s contractors from using large hotels to house asylum seekers, claiming the schemes break planning laws and harm communities.’

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BBC News, 9th November 2022


UK teenager’s death probably caused by bed blocking breathing tube – coroner – The Guardian

Posted November 10th, 2022 in hospitals, inquests, news, young persons by sally

‘A teenager died shortly after routine surgery when a breathing tube became blocked, possibly when it was squashed by the wheels of her recovery bed, a coroner has concluded.’

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The Guardian, 9th November 2022


Commission urges reform of ‘ineffective’ confiscation regime – Law Society’s Gazette

‘Codification of legal decisions reached in more than 500 cases brought under the Proceeds of Crime Act 2002 is among the proposals of a call for reform of an “ineffective” confiscation regime published today.’

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Law Society's Gazette, 9th November 2022


Campaigning and political activity by charities: guidance – Law & Religion UK

‘On 7 November, the Charity Commission issued updated guidance for England and Wales on Campaigning and political activity by charities. It follows the passing of the Elections Act 2022, which received Royal Assent on 28 April.’

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Law & Religion UK, 9th November 2022


Sam Guy: Eroding Public Law’s Exclusions? Charting the Landscape of Crowdfunding in Judicial Review – UK Constitutional Law Association

Posted November 9th, 2022 in constitutional law, judicial review, news by sally

‘The use of crowdfunding to access public law litigation is a matter which attracts much online commentary but has thus far, with notable exceptions, received considerably less rigorous scholarly engagement. Accordingly, several important questions remain unanswered as to the dynamics of crowdfunded litigation – amongst others, who are the actors bringing (and defending) these cases, how much money do cases raise, and how do they fare in the judicial review system? In a recent article published open access in the Modern Law Review, I report the results of an empirical study which charts the landscape of judicial review crowdfunding systematically for the first time. In the study, I analyse 413 crowdfunding pages by people seeking funding for judicial review claims, posted on CrowdJustice, the leading litigation crowdfunding website. Here, I highlight some of the study’s results, and emphasise the difficulties facing prospective litigants in accessing judicial review, even with the advent of crowdfunding, a problem which has, previously on this blog, been termed ‘public law’s disgrace’.’

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UK Constitutional Law Association, 8th November 2022


Government planning definition of “gypsies and travellers” unlawfully discriminatory, Court of Appeal rules – Local Government Lawyer

‘A decision on a planning application made by settled Travellers by North West Leicestershire District Council and the Secretary of State for Levelling Up, Housing & Communities has been quashed by the Court of Appeal.’

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Local Government Lawyer, 9th November 2022


EU law overhaul will have ‘devastating impact’ – Society – Law Society’s Gazette

Posted November 9th, 2022 in bills, brexit, EC law, Law Society, news, rule of law by sally

‘The Retained EU Law (Revocation and Reform) Bill could have a devastating impact on legal certainty in the UK, the Law Society said today as the bill reaches committee stage in the House of Commons.’

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Law Society's Gazette, 8th November 2022


‘No evidence’ Archie Battersbee did TikTok blackout challenge, coroner says – The Guardian

‘Archie Battersbee accessed TikTok on the day he suffered a catastrophic brain injury but no evidence has been found that he was taking part in the online “blackout challenge”, a coroner’s court has heard.’

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The Guardian, 8th November 2022


Burnett: “I can’t magic up lawyers to help reduce Crown Court backlog” – Legal Futures

‘It will be “very difficult” for the Crown Court to achieve the government’s target of reducing the backlog to 53,000 cases by 2025, the Lord Chief Justice has warned MPs.’

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Legal Futures, 9th November 2022


Victim of ex-detective sex attacker ‘felt failed’ by system – BBC News

Posted November 9th, 2022 in bail, child abuse, news, police, rape, recidivists, sexual offences, victims, women by sally

‘A woman sexually assaulted by a former police officer while he was on bail has told the BBC she was failed by the police and the courts.’

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BBC News, 8th November 2022