Children and Families Act 2014 has failed to improve lives of children and young people, peers find – Local Government Lawyer

Posted December 7th, 2022 in children, families, inquiries, news, reports, special educational needs by sally

‘A lack of focus on implementing and monitoring the impact of the Children and Families Act 2014, despite it being envisaged as a “landmark piece of legislation”, has led to the Act being “a largely missed opportunity”, a House of Lords committee has concluded in a report.’

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Local Government Lawyer, 6th December 2022

Source: www.localgovernmentlawyer.co.uk

UK families call for easier access to deceased children’s social media history – The Guardian

Posted December 7th, 2022 in bereavement, bills, coroners, families, inquests, internet, mental health, news, suicide by sally

‘Bereaved families are calling for easier access to the social media histories of deceased children, supporting amendments to the online safety bill.’

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The Guardian, 5th December 2022

Source: www.theguardian.com

Bar regulator faces formal LSB action over performance crisis – Legal Futures

‘The Legal Services Board (LSB) has begun talking about taking formal action against the Bar Standards Board (BSB) over shortcomings in its performance, which it has emerged include how it has dealt with the Post Office scandal.’

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Legal Futures, 7th December 2022

Source: www.legalfutures.co.uk

BAILII – Recent Decisions

Posted December 6th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Arvunescu v Quick Release (Automotive) Ltd [2022] EWCA Civ 1600 (06 December 2022)

N (A Child), Re (Instruction of Expert) [2022] EWCA Civ 1588 (06 December 2022)

High Court (Administrative Court)

Rae v United States of America [2022] EWHC 3095 (Admin) (05 December 2022)

Western Sahara Campaign UK v Secretary of State for International Trade & Anor [2022] EWHC 3108 (Admin) (05 December 2022)

High Court (Chancery Division)

Patley Wood Farm LLP & Ors v Kicks & Anor [2022] EWHC 3118 (Ch) (06 December 2022)

East-West United Bank SA v Gusinski & Ors [2022] EWHC 3056 (Ch) (05 December 2022)

High Court (Commercial Court)

Lakatamia Shipping Company Ltd v Nobu Su & Ors [2022] EWHC 3115 (Comm) (05 December 2022)

High Court (Family Division)

A & Anor v B & Ors [2022] EWHC 3089 (Fam) (02 December 2022)

High Court (King’s Bench Division)

Moradi v The Home Office (Costs) [2022] EWHC 3125 (KB) (05 December 2022)

Source: www.bailii.org

Statutory Instruments – legislation.gov.uk

Posted December 6th, 2022 in legislation by michael

SI 2022/1280 – The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (Amendment) Regulations 2022

SI 2022/1279 – The Organic Production (Amendment) (No. 2) Regulations 2022

SI 2022/1278 – The Finance Act 2021 (Value Added Tax) (Penalties) (Appointed Day) Regulations 2022

SI 2022/1277 – The Finance Act 2009, Finance (No. 3) Act 2010 and Finance Act 2021 (Value Added Tax) (Interest) (Appointed Days) Regulations 2022

SI 2022/1275 – The Police and Crime Commissioner Elections (Amendment) Order 2022

SI 2022/1274 – The Seed (Equivalence) (Amendment) (England) Regulations 2022

SI 2022/1272 – The Competition Act 1998 (Specialisation Agreements Block Exemption) Order 2022

SI 2022/1271 – The Competition Act 1998 (Research and Development Agreements Block Exemption) Order 2022

SI 2022/1265 – The Electricity (Connection Charges) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

What Is The Mental Health Bill? – Each Other

Posted December 6th, 2022 in bills, detention, mental health, minorities, news, select committees by sally

‘The government is publishing a draft Mental Health Bill for pre-legislative scrutiny, to modernise the Mental Health Act (MHA) for the 21st century. While the draft Bill has been welcomed by many, there must be more detail and direction on how the new legislation will be implemented at ground level.’

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Each Other, 6th December 2022

Source: eachother.org.uk

Wait time for county court trials reaches new all-time high – Legal Futures

Posted December 6th, 2022 in coronavirus, county courts, delay, news, reports, statistics by sally

‘The time between issue and trial for fast- and multi-track claims has now exceeded 75 weeks, the longest this century, according to the latest government figures.’

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Legal Futures, 6th December 2022

Source: www.legalfutures.co.uk

Prof Brice Dickson: The UK’s Engagement With International Human Rights Monitoring Mechanisms – UK Human Rights Blog

Posted December 6th, 2022 in human rights, news, reports, standards, United Nations by sally

‘On 10 November 2022 the UN Human Rights Council conducted its fourth Universal Periodic Review of the UK’s compliance with international human rights standards. The Council’s report was adopted just six days later and contained no fewer than 302 recommendations from other States on how the UK could improve its human rights record. That figure is up from 227 in 2017. For early accounts of the review meeting see the pieces by Marcial Boo and Robert Booth.’

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UK Human Rights Blog, 5th December 2022

Source: ukhumanrightsblog.com

Black Londoners three times more likely to be stopped than white – BBC News

Posted December 6th, 2022 in London, minorities, news, police, statistics, stop and search by sally

‘Black Londoners are still three times more likely to be stopped and searched than white Londoners, latest figures from the London mayor’s office show.’

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BBC News, 5th December 2022

Source: www.bbc.co.uk

Met police illegally filmed children as young as 10 at climate protest – The Guardian

‘Police unlawfully spied on children as young as 10 taking part in a climate strike protest in London, documents have shown.’

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The Guardian, 5th December 2022

Source: www.theguardian.com

Statutory Instruments – legislation.gov.uk

Posted December 5th, 2022 in legislation by michael

SI 2022/1267 – The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022

SI 2022/1266 – The Environment Act 2021 (Commencement No. 5 and Transitional Provisions) Regulations 2022

SI 2022/1264 – The Armed Forces (Court Martial) (Amendment) Rules 2022

SI 2022/1263 – The Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022

SI 2022/1262 – The Armed Forces (Tri-Service Serious Crime Unit) (Consequential Amendments) (No. 2) Regulations 2022

SI 2022/1260 – The Drivers’ Hours, Tachographs, International Road Haulage and Licensing of Operators (Amendment) Regulations 2022

SI 2022/1257 – The Street Works (Charges for Occupation of the Highway) (West Sussex County Council) Order 2022

SI 2022/1248 – The A417 Missing Link Development Consent Order 2022

SI 2022/1247 – The Guarantees of Origin of Electricity Produced from Renewable Energy Sources and High-efficiency Cogeneration (Amendment) (EU Exit) Regulations 2022

SI 2022/1242 – The Thames Water Utilities Limited (Thames Tideway Tunnel) (Amendment) Order 2022

SI 12022/1240 – The Cessation of EU Law Relating to Prohibitions on Grounds of Nationality and Free Movement of Persons Regulations 2022

SI 2022/1239 – The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022

SI 2022/1236 – The Democratic Republic of the Congo (Sanctions) (EU Exit) (Amendment) Regulations 2022

SI 2022/1234 – The Merchant Shipping (Prevention of Oil Pollution and Prevention of Pollution by Sewage from Ships) (Amendment) Regulations 2022

SI 2022/1231 – The European University Institute (EU Exit) Regulations 2022

Source: www.legislation.gov.uk

BAILII – Recent Decisions

Posted December 5th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Kays, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWCA Civ 1593 (02 December 2022)

Court of Appeal (Criminal Division)

Khan, R. v [2022] EWCA Crim 1592 (05 December 2022)

High Court (Administrative Court)

Newton, R (On the Application Of) v The Parole Board for England and Wales [2022] EWHC 3051 (Admin) (02 December 2022)

Plant, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 3079 (Admin) (02 December 2022)

Delo, R (On the Application Of) v Information Commissioner & Anor [2022] EWHC 3046 (Admin) (02 December 2022)

Chief Constable of West Midlands Police, R (On the Application Of) v Police Misconduct Panel [2022] EWHC 3076 (Admin) (02 December 2022)

High Court (Chancery Division)

Countess of Wemyss and March & Anor v Simon C. Dickinson Ltd [2022] EWHC 3091 (Ch) (02 December 2022)

Boston Trust Company Ltd & Anor v Szerelmey Limited & Ors [2022] EWHC 3055 (Ch) (02 December 2022)

High Court (Commercial Court)

Raja & Ors v Holden & Ors [2022] EWHC 3085 (Comm) (02 December 2022)

Republic of Mozambique v Credit Suisse International & Ors (No. 5) [2022] EWHC 3094 (Comm) (02 December 2022)

High Court (King’s Bench Division)

Horlick & Ors v Cavaco & Ors (Costs) [2022] EWHC 3096 (KB) (02 December 2022)

Royal Borough of Kingston-Upon-Thames v Salzer & Anor [2022] EWHC 3081 (KB) (02 December 2022)

White & Ors v Secretary of State for Health and Social Care [2022] EWHC 3082 (KB) (02 December 2022)

High Court (Technology and Construction Court)

Coldunell Ltd v Hotel Management International Ltd [2022] EWHC 3084 (TCC) (02 December 2022)

Source: www.bailii.org

BSB mulls SLAPPs guidance as Zahawi’s solicitors are referred to SRA – Legal Futures

‘The Bar Standards Board (BSB) is considering following the Solicitors Regulation Authority (SRA) in issuing guidance on strategic lawsuits against public participation (SLAPPs).’

Full Story

Legal Futures, 5th December 2022

Source: www.legalfutures.co.uk

Online safety bill returns to parliament after five-month delay – The Guardian

Posted December 5th, 2022 in bills, delay, government departments, internet, news, political parties by sally

‘The online safety bill, the government’s flagship internet regulation, returns to parliament on Monday, after a five-month delay prompted by Conservative party factional warfare threatened to kill it off.’

Full Story

The Guardian, 5th December 2022

Source: www.theguardian.com

Children growing up in households with domestic abuse to be recognised as victims – The Independent

‘Children who grow up amid domestic abuse will be treated as victims and given specialist support even if they were not present during violent attacks.’

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The Independent, 5th December 2022

Source: www.independent.co.uk

Nightclub spiking: Police apology after victim waits five months for test result – BBC News

Posted December 5th, 2022 in assault, criminal justice, delay, drug offences, news, police, victims by sally

‘A woman who had been injected with morphine in a nightclub waited five months for test results after reporting the attack to the police.’

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BBC News, 5th December 2022

Source: www.bbc.co.uk

‘Smash ‘n’ grab’ claims the most common for UK adjudicators – OUT-LAW.com

Posted December 2nd, 2022 in company law, dispute resolution, news by tracey

‘”Smash ‘n’ grab” claims are the most common currently being dealt with by adjudicators in the UK. They are usually straightforward to deal with but some recent cases provide valuable lessons for companies caught up in them.’

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OUT-LAW.com, 2nd December 2022

Source: www.pinsentmasons.com

Contractual construction: the Tension – Practical Law: Construction Blog

Posted December 2nd, 2022 in construction industry, contracts, interpretation, news by tracey

‘When the courts are faced with questions of contractual construction there remains a tension in the approach they should take.’

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Practical Law: Construction Blog, 2nd December 2022

Source: constructionblog.practicallaw.com

Ronan Cormacain: The rise and rise of the super-enabling clause – UK Constitutional Law Association

Posted December 2nd, 2022 in constitutional law, legislation, news, rule of law by tracey

‘It has become increasingly popular to include what I term a “super-enabling clause” in primary legislation. It is my contention these clauses are bad for democracy and the rule of law. ‘

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UK Constitutional Law Association, 30th November 2022

Source: ukconstitutionallaw.org

Recent Statutory Instruments – legislation.gov.uk

Posted December 2nd, 2022 in legislation by tracey

SI 2022/1244 – The Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2022

SI 2022/1237 – The Religious Character of 16 to 19 Academies (Designation Procedure) (England) Regulations 2022

SI 2022/1235 – The Aviation Safety and Air Traffic Management (Amendment) Regulations 2022

SI 2022/1232 – The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2022

SI 2022/1255 – The Agriculture Act 2020 (Commencement No. 2) (England) Regulations 2022

SI 2022/1253 – The National Health Service (Charges to Overseas Visitors) (Amendment) (No. 4) Regulations 2022

SI 2022/1252 – The Financial Services and Markets Act 2000 (Qualifying Provisions) (Amendment) Order 2022

SI 2022/1251 – The State Pension Revaluation for Transitional Pensions Order 2022

SI 2022/1261 – The Police, Crime, Sentencing and Courts Act 2022 (Offensive Weapons Homicide Reviews) Regulations 2022

SI 2022/1256 – The Education (School Teachers’ Qualifications and Induction Arrangements) (Amendment) (England) Regulations 2022

SI 2022/1246 – The Subsidy Control (Subsidies and Schemes of Interest or Particular Interest) Regulations 2022

SI 2022/1241 – The EU Agencies (Revocations) Regulations 2022

Source: www.legislation.gov.uk