Statutory Instruments – legislation.gov.uk

Posted January 16th, 2023 in legislation by tracey

SI 2023/28 – The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) Regulations 2023

SI 2023/19 – The Value Added Tax (Refund of Tax) Order 2023

SI 2023/16 – The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2023

SI 2023/34 – The Immigration and Asylum Act 1999 (Commencement No. 17) Order 2023

SI 2023/33 – The Nationality and Borders Act 2022 (Commencement No. 4 and Transitional Provision) Regulations 2023

SI 2023/32 – The Nationality, Immigration and Asylum Act 2002 (Commencement No. 15) Order 2023

Source: www.legisation.gov.uk

BAILII: Recent Decisions

Posted January 16th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Yin & Ors v 174 Law Solicitors Limited [2023] EWCA Civ 13 (13 January 2023)

Ashraf v Lester Dominic Solicitors & Ors [2023] EWCA Civ 4 (13 January 2023)

Friends of the Earth Ltd, R (On the Application Of) v Secretary of State for International Trade/UK Export Finance (UKEF) & Anor (Rev1) [2023] EWCA Civ 14 (13 January 2023)

Court of Appeal (Criminal Division)

Holder, R. v [2023] EWCA Crim 5 (13 January 2023)

High Court (Administrative Court)

Maher, R (On the Application Of) v First Tier Tribunal (Mental Health) & Ors [2023] EWHC 34 (Admin) (13 January 2023)

High Court (Chancery Division)

Darwall & Anor v Dartmoor National Park Authority [2023] EWHC 35 (Ch) (13 January 2023)

Manolete Partners Plc v Sampson Coward Llp [2023] EWHC 37 (Ch) (13 January 2023)

High Court (Commercial Court)

Trafigura PTE Ltd v TKK Shipping PTE Ltd [2023] EWHC 26 (Comm) (13 January 2023)

High Court (King’s Bench Division)

Osbourne v Persons Unknown Category A & Ors [2023] EWHC 39 (KB) (13 January 2023)

High Court (Technology and Construction Court)

Mullberry Homes Ltd v Council of the Borough of Barrow-In-Furness [2023] EWHC 38 (TCC) (13 January 2023)

Source: www.bailii.org

FCA fines show focus remains on AML compliance – OUT-LAW.com

Posted January 16th, 2023 in banking, financial regulation, financial services ombudsman, fines, news by tracey

‘Recent fines issued to two banks by the Financial Conduct Authority (FCA) highlight the regulator’s continued focus on driving compliance with anti-money laundering (AML) requirements in UK financial services, an expert has said.’

Full Story

OUT-LAW.com, 13th January 2023

Source: www.pinsentmasons.com

‘Special’ damages requiring prior knowledge of parties to construction contracts – OUT-LAW.com

Posted January 16th, 2023 in construction industry, contracts, damages, news by tracey

‘When a party breaches a term of a construction contract, the other party to the contract has the right to claim an award of damages.’

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OUT-LAW.com, 16th January 2023

Source: www.pinsentmasons.com

External research on equality and diversity in the work of the Sentencing Council published – Sentencing Council

Posted January 16th, 2023 in diversity, equality, news, sentencing by tracey

‘New research that examines the potential and perceived impact of sentencing guidelines on specific groups of offenders has been published by the Sentencing Council.’

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Sentencing Council, 10th January 2023

Source: www.sentencingcouncil.org.uk

Penalties for gambling breaches – Local Government Lawyer

Posted January 16th, 2023 in appeals, gambling, local government, news, penalties, tribunals by tracey

‘Philip Kolvin KC examines a recent tribunal judgment that contains some helpful analysis for gambling operators and their advisers.’

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Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

Rights of excusal from relationships and sexuality education – Local Government Lawyer

‘Clíodhna Kelleher considers a recent High Court judgment that there was no parental right to withdraw children from relationships and sexuality education.’

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Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

New Anti-Strike Laws – Understanding the rights and duties of employers and employees in industrial action – Local Government Lawyer

Posted January 16th, 2023 in employment, industrial action, local government, news by tracey

‘It seems that with each week there is news of a new sector or profession announcing a strike. Julie Bann, Christian Grierson and Beth Edwards consider fundamental employment law principles, answer FAQs and explore the practical and legal risks of strike action impacting the public sector.’

Full Story

Local Government Lawyer, 13th January 2023

Source: www.localgovernmentlawyer.co.uk

Bank’s solicitor “may have owed duty of care” to third party – Legal Futures

Posted January 16th, 2023 in appeals, banking, conveyancing, duty of care, land registration, news, solicitors by tracey

‘A bank’s solicitor may owe a duty of care to the seller of the property when filling in Land Registry paperwork to change the register, the Court of Appeal has ruled.’

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Legal Futures, 16th January 2023

Source: www.legalfutures.co.uk

SRA sanctioned for wrongly publishing trainee’s ban – Legal Futures

‘The Solicitors Regulation Authority (SRA) has been sanctioned in costs after prematurely stating on its website that it had banned a former trainee solicitor from working for law firms.’

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Legal Futures, 16th January 2023

Source: www.legalfutures.co.uk

Man jailed for life for murder in oldest double jeopardy case – BBC News

‘A man has been jailed for life for raping and murdering a girl almost 50 years ago, in the oldest double jeopardy case in England and Wales.’

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BBC News, 14th January 2023

Source: www.bbc.co.uk

Basildon Hospital maternity staff exposed to 30 times legal gas limit – BBC News

Posted January 16th, 2023 in employment, health & safety, hospitals, midwives, news by tracey

‘Staff at a maternity unit were exposed to almost 30 times the legal workplace exposure limit for nitrous oxide, documents have shown. Testing at Basildon Hospital revealed the levels more than 16 months before colleagues were informed.’

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BBC News, 16th January 2023

Source: www.bbc.co.uk

A mediator’s take on the Nuffield Family Justice Observatory’s latest report – Family Law

Posted January 16th, 2023 in children, dispute resolution, divorce, families, family courts, news by tracey

‘Another month, and the publishing of another detailed academic report considering the experiences of parents and their children who have been through a separation. This particular report, “Separating Families: Experiences of separation and support”, was published by the Nuffield Family Justice Observatory, with research carried out by University of Bristol. When the key findings first landed on my desk, I must say I was keen to delve into the detail having seen that the main focus of the programme of evidence was to increase understanding of private law proceedings in England and Wales, and in particular the types of support that families drew on to manage the process of separation without using the courts.’

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Family Law, 16th January 2023

Source: www.familylaw.co.uk

Court rejects costs budgeting plea on child’s clin neg claim – Law Society’s Gazette

Posted January 16th, 2023 in birth, costs, damages, hospitals, negligence, news, personal injuries by tracey

‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’

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Law Society's Gazette, 13th January 2023

Source: www.lawgazette.co.uk

Right to wild camp in England lost in Dartmoor court case – The Guardian

Posted January 16th, 2023 in commons, news, parks by tracey

‘The right to wild camp in England and Wales has been lost, after a wealthy landowner successfully brought a case against Dartmoor national park, the last place it was possible without seeking permission.’

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The Guardian, 13th January 2023

Source: www.theguardian.com

Firm fined a further £200,000 over Wolverhampton storm death – BBC News

Posted January 16th, 2023 in accidents, bereavement, fines, health & safety, inquests, news by tracey

‘A company has been fined £200,000 after a woman was killed by a water tank cover falling from a shopping centre.’

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BBC News, 14th January 2023

Source: www.bbc.co.uk

Victims and families call for prosecutions as contaminated blood inquiry nears end – The Guardian

Posted January 16th, 2023 in bereavement, blood products, families, inquiries, news, prosecutions, victims by tracey

‘Victims and family members affected by the contaminated blood scandal are calling for criminal charges to be considered as the public inquiry into the tragedy draws to a close. While the inquiry, which will begin to hear closing submissions on Tuesday, cannot determine civil or criminal liability, people affected by the scandal are keen for the mass of documents and evidence accumulated over more than four years to be handed over to prosecutors to see whether charges can be brought.’

Full Story

The Guardian, 16th January 2023

Source: www.theguardian.com

New plans to widen police powers for disruptive protests – BBC News

‘Police could be allowed to shut down protests before they cause serious disruption, under new government plans.’

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BBC News, 15th January 2023

Source: www.bbc.co.uk