January 2023 – Page 7 – Current Awareness

‘Tech executives whose platforms persistently fail to protect children from online harm will face criminal charges after ministers reached a deal with Conservative backbenchers.’

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The Guardian, 16th January 2023

Source: www.theguardian.com

Ministry of Justice to launch call for evidence on open justice – Legal Futures

Posted January 17th, 2023 in courts, electronic filing, media, Ministry of Justice, news, remote hearings, tribunals by sally

‘The Ministry of Justice (MoJ) is to launch a “wide-ranging” call for evidence on open justice, access to information and transparency across the courts and tribunals.’

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Legal Futures, 17th January 2023

Source: www.legalfutures.co.uk

Rishi Sunak blocks Scotland’s gender recognition legislation – The Guardian

Posted January 17th, 2023 in bills, birth certificates, devolution, news, Scotland, transgender persons by sally

‘Rishi Sunak’s government has blocked legislation passed by the Scottish parliament that would make Scotland the first part of the UK to introduce a self-identification system for people who want to change gender.’

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The Guardian, 16th January 2023

Source: www.theguardian.com

Will disputes – Mills & Reeve

Posted January 17th, 2023 in executors, news, powers of attorney, probate, wills by sally

‘It’s becoming more and more common to see disputes over inheritance. In 2019, 188 cases of challenging Wills reached the High Court, a dramatic increase of 47% from cases in 2018. In fact, it is now estimated that 3 in 4 people are likely to encounter such a dispute within their lifetimes. It is more important than ever therefore to be aware of the grounds upon which a Will may be challenged.’

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Mills & Reeve, 16th January 2023

Source: www.mills-reeve.com

London borough successfully defends judicial review claim as judge considers interaction between local authority obligations under Care Act 2014 and Housing Act 1996 – Local Government Lawyer

Posted January 17th, 2023 in community care, disabled persons, housing, judicial review, local government, news by sally

‘A High Court judge has dismissed a judicial review claim over the London Borough of Ealing’s decision to withdraw its funding of the claimant’s temporary bed and breakfast accommodation. The application concerned the interaction between the local authority’s obligations under the Care Act 2014 and its obligations under the Housing Act 1996.’

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Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

Human Rights in the UK Are in Crisis According to New Report – Each Other

Posted January 17th, 2023 in human rights, news, reports, United Nations by sally

‘Over 70 organisations from across civil society in England and Wales have provided evidence for a new report to the UN on the UK’s human rights record. The report concludes that rights in the UK – including everyday rights such as to food, housing, social security, work, trade unions, health and education – are in crisis.’

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Each Other, 17th January 2023

Source: eachother.org.uk

Man who shared explosives recipe guilty of terror offences – BBC News

Posted January 17th, 2023 in explosives, news, terrorism, video recordings by sally

‘A man who shared bomb-making instructions in a far-right group chat has been convicted of terror offences.’

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BBC News, 16th January 2023

Source: www.bbc.co.uk

Judges allow partial appeal against Rwanda asylum seeker ruling – The Guardian

Posted January 17th, 2023 in appeals, asylum, deportation, news, Rwanda by sally

‘Two judges who ruled that the Home Office’s plan to send asylum seekers to Rwanda to have their cases processed was lawful have granted permission for parts of their decision to be challenged at the court of appeal.’

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The Guardian, 16th January 2023

Source: www.theguardian.com

What Is Sentencing And How Does It Work? – Each Other

Posted January 17th, 2023 in appeals, joint enterprise, news, select committees, sentencing by sally

‘The House of Commons Justice Committee has launched an inquiry into the public’s opinion and understanding of sentencing. The Justice Committee will examine their understanding of the current approach to sentencing in England and Wales. It has made us ask the question: what does sentencing mean for our rights?’

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Each Other, 13th January 2023

Source: eachother.org.uk

Met chief ‘can’t promise women reporting sexual offence will not meet officer accused of wrongdoing’ – The Independent

Posted January 17th, 2023 in disciplinary procedures, domestic violence, London, news, police, sexual offences, women by sally

‘The head of the Metropolitan Police said he can’t promise that women reporting sexual offences will not encounter an officer under investigation.’

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The Independent, 17th January 2023

Source: www.independent.co.uk

Government to review damp and mould guidance following death of Awaab Ishak – Local Government Lawyer

Posted January 17th, 2023 in children, coroners, health & safety, housing, inquests, news, reports by sally

‘The Government has announced plans to review guidance to landlords on damp and mould, after a coroner asked the government to take action to prevent future deaths.’

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Local Government Lawyer, 16th January 2023

Source: www.localgovernmentlawyer.co.uk

Killamarsh murders: Probation failings over killer Damien Bendall – BBC News

Posted January 17th, 2023 in domestic violence, murder, news, probation, reports, sentencing by sally

‘A review into how a quadruple murderer was dealt with by probation officers has found failings “at every stage”.’

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BBC News, 17th January 2023

Source: www.bbc.co.uk

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.’

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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

Posted January 16th, 2023 in children, education, human rights, local government, news, parental rights, school children, Wales by tracey

‘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