Statutory Instruments –

Posted December 19th, 2022 in legislation by tracey

SI 2022/1353 – The Combined Authorities (Mayoral Elections) (Amendment) Order 2022

SI 2022/1352 – The Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2022

SI 2022/1351 – The Food and Feed (Miscellaneous Amendments) Regulations 2022

SI 2022/1341 – The Apprenticeships (Miscellaneous Provisions) (England) (Amendment) (No. 3) Regulations 2022

SI 2022/1328 – The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No. 2) Regulations 2022

SI 2022/1356 – The Agricultural Holdings (Fee) Regulations 2022

SI 2022/1355 – The Proceeds of Crime (Money Laundering) (Threshold Amount) Order 2022

SI 2022/1354 – The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022

SI 2022/1346 – The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022


BAILII: Recent Decisions

Posted December 19th, 2022 in law reports by tracey

Court of Appeal (Civil Division)

Philip Morris Products, SA v Nicoventures Trading Ltd & Anor (Re Invalidity of Patents) [2022] EWCA Civ 1638 (16 December 2022)

Lovett v Wigan Borough Council (Re Breaches of ASBIs) [2022] EWCA Civ 1631 (16 December 2022)

Wright v Rogers [2022] EWCA Civ 1658 (16 December 2022)

Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2022] EWCA Civ 1639 (16 December 2022)

High Court (Administrative Court)

Smith v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 3209 (Admin) (16 December 2022)

Director of Public Prosecutions v Highbury Corner Magistrates’ Court [2022] EWHC 3207 (Admin) (16 December 2022)

Norton St. Philip Parish Council v Mendip District Council [2022] EWHC 3432 (Admin) (16 December 2022)

High Court (Chancery Division)

Railways Pension Trustee Company Ltd v Atos IT Services UK Ltd & Anor [2022] EWHC 3236 (Ch) (16 December 2022)

High Court (Commercial Court)

Havila Kystruten AS v Abarca Companhia De Seguros, SA [2022] EWHC 3196 (Comm) (16 December 2022)

BNP Paribas Trust Corporation UK Ltd v Uro Property Holdings, SA [2022] EWHC 3251 (Comm) (16 December 2022)

High Court (King’s Bench Division)

Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB) (16 December 2022)


Accommodating asylum seekers: legal issues arising from the use of hotel accommodation – Local Government Lawyer

‘The Home Office’s policy of placing asylum seekers in hotels and hostels has given rise to a number of legal issues for local authorities. Dean Underwood and Jack Barber detail the areas of concern.’

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Local Government Lawyer, 16th December 2022


The planning definition of ‘Gypsies and Travellers’ – Local Government Lawyer

‘Aileen McColgan KC examines a Court of Appeal ruling that the Government’s planning definition of “gypsies and travellers” was unlawfully discriminatory.’

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Local Government Lawyer, 16th December 2022


Rape response overhaul delivers progress – Ministry of Justice

‘Victims are seeing significant improvements in the criminal justice system’s response to rape, a new report has revealed today.’

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Ministry of Justice, 15th December 2022


Court allows costs challenge by client ‘not informed’ about options – Law Society’s Gazette

Posted December 19th, 2022 in costs, damages, news, personal injuries, solicitors, time limits by tracey

‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’

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Law Society's Gazette, 16th December 2022


Maternity scandal victims join fight against fixed costs – Law Society’s Gazette

Posted December 19th, 2022 in birth, children, costs, families, hospitals, negligence, news by tracey

‘A powerful new lobby has joined the fight to stop the government capping costs for clinical negligence claims worth less than £25,000. Some 28 families involved in the Shrewsbury and Telford maternity scandal have signed an open letter to health secretary Steve Barclay opposing the proposals.’

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Law Society's Gazette, 19th December 2022


Braverman acting unlawfully over asylum seeker support, high court finds – The Guardian

Posted December 19th, 2022 in asylum, benefits, government departments, immigration, news, refugees by tracey

‘The home secretary is acting unlawfully in failing to ensure the rate of support for more than 50,000 asylum seekers is adequate by not implementing an increase of almost £5 a week recommended by officials, the high court has found.’

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The Guardian, 17th December 2022


Poor state of English and Welsh courts worsening backlog, says Law Society – The Guardian

Posted December 19th, 2022 in courts, delay, Law Society, news, solicitors by tracey

‘Broken heating, sewage, mould, asbestos and leaking toilets and roofs are among the problems encountered by solicitors in courts in England and Wales, a survey by the Law Society has found.’

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The Guardian, 19th December 2022


Anglesey: ‘Lavish life’ couple in fraud case sentenced – BBC News

Posted December 19th, 2022 in fraud, imprisonment, money laundering, news, sentencing by tracey

‘A husband and wife who lived a “lavish lifestyle” with other people’s money have been sentenced for their part in a multi-million pound fraud.’

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BBC News, 17th December 2022


Manchester Arena attack: Martyn’s Law for venue security to cover all of UK – BBC News

Posted December 19th, 2022 in crime prevention, families, local government, news, terrorism, victims by tracey

‘New legislation will be introduced to tighten security at venues in the wake of the Manchester Arena bombing. The new rules, dubbed Martyn’s Law, will cover all of the UK and require venues and local authorities to have preventative action plans against terror attacks, the government said.’

Full Story

BBC News, 19th December 2022