What Is In Store For Human Rights In 2023? – Each Other

Posted January 4th, 2023 in bills, brexit, deportation, human rights, immigration, news by sally

‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’

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Each Other, 4th January 2023

Source: eachother.org.uk

Case Comment: Khan v Meadows [2021] UKSC 21 – UKSC Blog

‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’

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UKSC Blog, 4th January 2023

Source: ukscblog.com

Statutory Instruments – legislation.gov.uk

Posted January 4th, 2023 in legislation by tracey

SI 2022/1390 – The Public Contracts (Amendment) Regulations 2022

SI 2022/1389 – The Register of Overseas Entities (Verification and Provision of Information) (Amendment) Regulations 2022

SI 2022/1388 – The Architects (Fees, Electronic Communications and Miscellaneous Amendments) Regulations 2022

SI 2022/1403 – The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2022

The Elections Act 2022 (Commencement No. 6 and Savings) Regulations 2022

SI 2022/1392 – The Education (Student Loans) (Repayment) (Amendment) (No. 5) Regulations 2022

SI 2022/1384 – The Professional Qualifications Act 2022 (Commencement No. 2) Regulations 2022

SI 2022/1383 – The Restriction of Hazardous Substances in Electrical and Electronic Equipment (Exemptions) (Fees) Regulations 2022

SI 2022/1382 – The Voter Identification Regulations 2022

SI 2022/1397 – The Voter Identification (Principal Area, Parish and Greater London Authority Elections) (Amendment) Rules 2022

SI 2022/1395 – The Investigatory Powers (Communications Data) (Relevant Public Authorities and Designated Senior Officers) Regulations 2022

SI 2022/1393 – The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022

SI 2022/1391 – The Immigration Skills Charge (Amendment) Regulations 2022

SI 2022/1400 – The Conformity Assessment (Mutual Recognition Agreements) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

Woman who lied about grooming gang guilty of perverting course of justice – The Guardian

‘A 22-year-old woman from Barrow-in-Furness has been found guilty of perverting the course of justice by telling “malevolent” lies about being trafficked by an Asian grooming gang and making false rape allegations against a series of white men.’

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The Guardian, 3rd January 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted January 4th, 2023 in law reports by tracey

Supreme Court

Candey Ltd v Crumpler & Anor, Re Peak Hotels and Resorts Ltd [2022] UKSC 35 (21 December 2022)

Stanford International Bank Ltd v HSBC Bank PLC [2022] UKSC 34 (21 December 2022)

Court of Appeal (Civil Division)

S, Re (Children: Party Status) [2022] EWCA Civ 1717 (22 December 2022)

MOL (Europe Africa) Ltd & Ors v Mark McLaren Class Representative Ltd [2022] EWCA Civ 1701 (21 December 2022)

Braithwaite And Melton Meadows Properties Ltd, R (On the Application Of) v East Suffolk Council [2022] EWCA Civ 1716 (21 December 2022)

Green & Ors v The Commissioner of Police of the Metropolis [2022] EWCA Civ 1686 (21 December 2022)

Jennison v Jennison & Anor [2022] EWCA Civ 1682 (21 December 2022)

ED & F Man Capital Markets Ltd v Come Harvest Holdings Lts & Ors [2022] EWCA Civ 1704 (21 December 2022)

Maranello Rosso Ltd v Lohomij BV & Ors [2022] EWCA Civ 1667 (21 December 2022)

Source: www.bailii.org

Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules breaches Article 14 of the ECHR – EIN Blog

Posted January 4th, 2023 in domestic violence, families, human rights, immigration, judicial review, news by sally

‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’

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EIN Blog, 3rd January 2023

Source: www.ein.org.uk

No jab no job: 5 care home workers dismissed for not taking the vaccine – Lamb Chambers

‘In Dimitrova et Ors v Barchester Healthcare Ltd ET 1803315/2021, 5 care home workers brought claims against Barchester Healthcare Ltd, the second largest provider of care home services in the UK. These 5 Claimants were heard in the first tranche of several other claims. They all brought claims of unfair dismissal and two brought claims of direct/indirect religion/belief discrimination. Another Claimant brought a belief related harassment claim.’

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Lamb Chambers, December 2022

Source: www.lambchambers.co.uk

Man leaps out of crown court dock and flees after sentencing – The Guardian

Posted January 4th, 2023 in assault, Crown Court, escape from custody, news, recidivists, sentencing by sally

‘Police are searching for a man after he leapt out of a crown court dock and fled after being sentenced for actual bodily harm.’

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The Guardian, 3rd January 2023

Source: www.theguardian.com