Statutory Instruments –

Posted December 16th, 2022 in legislation by tracey

SI 2022/1345 – The Short-term Holding Facility (Amendment) Rules 2022

SI 2022/1344 – The Inter-American Investment Corporation (Immunities and Privileges) Order 2022

SI 2022/1343 – The Designation of Rural Primary Schools (England) Order 2022

SI 2022/1338 – The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2022

SI 2022/1336 – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022

SI 2022/1335 – The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022

SI 2022/1334 – The Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022

SI 2022/1325 – The Whole of Government Accounts (Designation of Bodies) (No. 2) Order 2022

SI 2022/1313 – The Aviation Security (Amendment) (No. 2) Regulations 2022

SI 2022/1324 – The Prescribed Persons (Reports on Disclosures of Information) (Amendment) Regulations 2022


BAILII: Recent Decisions

Posted December 16th, 2022 in law reports by tracey

Supreme Court

DB Symmetry Ltd & Anor v Swindon Borough Council [2022] UKSC 33 (14 December 2022)

Court of Appeal (Civil Division)

OA (Somalia) v Secretary of State for the Home Department [2022] EWCA Civ 1657 (15 December 2022)

A, Re (A Child : Findings of Fact) [2022] EWCA Civ 1652 (15 December 2022)

Hudson v Hathway [2022] EWCA Civ 1648 (14 December 2022)

High Court (Administrative Court)

Addison, R (On the Application Of) v London Borough of Southwark [2022] EWHC 3211 (Admin) (15 December 2022)

Dillon, R (On the Application Of) v HM Assistant Coroner for Rutland and North Leicestershire [2022] EWHC 3186 (KB) (Admin) (14 December 2022)

Murugason v Secretary of State for the Home Department [2022] EWHC 3160 (Admin) (14 December 2022)

Ilia v Appeal Court in Athens, Greece [2022] EWHC 3114 (Admin) (14 December 2022)

High Court (Chancery Division)

Honda Group-UK Pension Scheme Trustee Ltd & Ors v Mercer Ltd & Anor [2022] EWHC 3197 (Ch) (15 December 2022)

Hunt v Patel & Anor [2022] EWHC 3228 (Ch) (15 December 2022)

Shovlin v Site Civils and Surfacing Ltd & Anor [2022] EWHC 3198 (Ch) (15 December 2022)

Hong Kong Airlines Ltd, Re [2022] EWHC 3210 (Ch) (14 December 2022)

Frasers Group Plc v The Official Receiver & Ors [2022] EWHC 3184 (Ch) (13 December 2022)

High Court (Commercial Court)

Verlox International Ltd & Anor v Antoshin & Ors (Re Consequentials) [2022] EWHC 3182 (Comm) (09 December 2022)

Frangou v Frangos [2022] EWHC 3129 (Comm) (08 December 2022)

High Court (Family Division)

Mother v Father [2022] EWHC 3107 (Fam) (05 December 2022)

High Court (King’s Bench Division)

Chappell v Mrozek (Rev3) [2022] EWHC 3147 (KB) (14 December 2022)

Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) (14 December 2022)

High Court (Technology & Construction Court)

University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 3154 (TCC) (09 December 2022)


Naturalisation applications by EU citizens and their family – EIN Blog

Posted December 16th, 2022 in brexit, citizenship, EC law, families, immigration, news by tracey

‘For those who have obtained settlement (indefinite leave to remain) in the UK, the next stage is often to naturalise as a British citizen. Many of those who seek to naturalise are nationals of EU countries, or their family members, who began their residence in the UK prior to Brexit and obtained residence rights on that basis. Issues and uncertainties can arise during a naturalisation application which are specific to EU and EEA citizens, and below we take a look at the most common of these.’

Full Story

EIN Blog, 13th December 2022


Adam Tucker: Entrenchment, Parliamentary Sovereignty, and the Limited Radicalism of the Brown Report – UK Constitutional Law Association

‘The publication of the Report of the Commission on the UK’s Future is attracting widespread attention. The centrepiece of its constitutional content is the replacement of the House of Lords with a new second chamber with new composition and a reformed role, which would have particular responsibility for territorial aspects of the constitution (discussed here) and act as guardian of (newly) entrenched elements of the constitution –not just in the devolution context but also more widely.’

Full Story

UK Constitutional Law Association, 15th December 2022


Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

Full Story

Local Government Lawyer, 15th December 2022


How reasonable are your endeavours? – Local Government Lawyer

Posted December 16th, 2022 in contracts, local government, news by tracey

‘Patrick Adie sets out the most common types of endeavours obligation found in property contracts and – depending on your circumstances – the best obligation to agree.’

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Local Government Lawyer, 16th December 2022


Council loses Supreme Court appeal over planning conditions and dedication of land as public highway – Local Government Lawyer

Posted December 16th, 2022 in appeals, local government, news, planning, roads, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed an appeal by Swindon Borough Council in a dispute over whether it is lawful for a planning authority, in granting planning permission for a development, to impose a planning condition that the developer will dedicate land within the development site to be a public highway.’

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Local Government Lawyer, 14th December 2022


High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by tracey

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

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Law Society's Gazette, 15th December 2022


Prosecution crisis ‘will deepen’ without fee increase, CBA chief warns – Law Society’s Gazette

‘The Ministry of Justice has hailed the “significant progress” that has been made since the government published its landmark rape review action plan – however, the Criminal Bar Association has warned that complainants will continue to wait years for a trial unless prosecutors’ fees are increased.’

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Law Society's Gazette,15th December 2022


F v M: Parental Alienation and Unregulated Experts – Family Law Week

Posted December 16th, 2022 in children, expert witnesses, families, family courts, news by tracey

‘Roshni Popli, barrister at Four Brick Court, considers the lessons of a recent judgment highlighting the need for greater transparency in the instruction of experts.’

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Family Law Week, 14th December 2022


The ‘Syringe Method’ of Surrogacy and the Law – Family Law

Posted December 16th, 2022 in artificial insemination, children, families, family courts, news, pregnancy, surrogacy by tracey

‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’

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Family Law Week, 15th December 2022


Half of black British police suffer racial incidents from colleagues, survey finds – The Guardian

Posted December 16th, 2022 in bullying, diversity, equality, harassment, news, police, race discrimination, racism, statistics by tracey

‘More than half of Britain’s black police officers and staff suffered racial incidents from colleagues in the past year, a survey has found.’

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The Guardian,15th December 2022


Claire Foy stalker ‘likely to become a pest again’ – BBC News

Posted December 16th, 2022 in news, recidivists, sentencing, stalking by tracey

‘The sentencing of Claire Foy’s stalker has been adjourned after the court received a letter warning he would continue contacting the actress.’

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BBC News, 15th December 2022


Holmfirth: Father and son sentenced over £900k cash forgery ring – BBC News

Posted December 16th, 2022 in drug offences, forgery, imprisonment, news, sentencing by tracey

‘A father and son who admitted running a “sophisticated and lucrative” fake money operation worth nearly £1m in West Yorkshire have been sentenced.’

Full Story

BBC News, 15th December 2022