Reopening findings of fact: fairness of hearing – Local Government Lawyer

Posted February 17th, 2023 in adoption, care orders, child cruelty, child neglect, children, families, local government, news by tracey

‘A High Court judge recently granted an application to reopen findings of fact in a case centring on allegations of serious non-accidental injury. Rajni Virk considers the decision and practical issues that arise.’

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Local Government Lawyer, 17th February 2023


Recent Statutory Instruments –

Posted February 17th, 2023 in legislation by tracey

SI 2023/162 – The Dentists, Dental Care Professionals, Nurses, Nursing Associates and Midwives (International Registrations) Order 2023

SI 2023/159 – The Countryside Stewardship (England) (Amendment) Regulations 2023

SI 2023/150 – The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Legal Aid: Family and Domestic Abuse) (Miscellaneous Amendments) Order 2023

SI 2023/158 – The Armed Forces Act 2021 (Commencement No. 5) Regulations 2023

SI 2023/157 – The Universal Credit (Work-Related Requirements) In Work Pilot Scheme (Extension) Order 2023


BAILII: Recent Decisions

Posted February 17th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Keane v Sargen & Ors [2023] EWCA Civ 141 (15 February 2023)

Goddard-Watts v Goddard-Watts [2023] EWCA Civ 115 (15 February 2023)

El Zubaidy v Borg [2023] EWCA Civ 148 (15 February 2023)

High Court (Administrative Court)

Armstrong, R (On the Application Of) v Ashford Borough Council [2023] EWHC 317 (Admin) (15 February 2023)

General Medical Council v Mwambingu [2023] EWHC 324 (Admin) (15 February 2023)

Halton Borough Council, R (On the Application Of) v Road User Charging Adjudicators [2023] EWHC 303 (Admin) (14 February 2023)

High Court (Chancery Division)

Lim & Ors v Ong & Ors [2023] EWHC 321 (Ch) (16 February 2023)

Clements v Frisby [2023] EWHC 320 (Ch) (16 February 2023)

Bank of Scotland Plc v Hoskins [2023] EWHC 306 (Ch) (16 February 2023)

High Court (Commercial Court)

Virgin Aviation TM Ltd v Alaska Airlines Inc [2023] EWHC 322 (Comm) (16 February 2023)

Sui Northern Gas Pipelines Ltd v National Power Parks Management Company (Private) Ltd [2023] EWHC 316 (Comm) (15 February 2023)


UK government outlines reforms to thirty-year-old cybercrime law –

Posted February 17th, 2023 in computer crime, consultations, data protection, government departments, news, privacy by tracey

‘The UK government is proposing new powers for law enforcement agencies to tackle cybersecurity threats and online crimes, including the power to require data owners to preserve evidence pending a decision on whether a formal request for seizure of the data by an agency should be made to court.’

Full Story, 16th February 2023


Judicial review bid has implications for UK SIPP operators –

‘A decision expected from the Court of Appeal in London could re-open the door for the courts to consider the scope of self-invested personal pension scheme (SIPP) operators’ due diligence obligations under Financial Conduct Authority (FCA) rules, and on their obligations to compensate customers where there have been failings, legal experts have said.’

Full Story, 17th February 2023


Limits on when you can adjudicate – Practical Law: Construction Blog

‘I can’t say that I recall Dyson LJ’s judgment in Connex South Eastern Ltd v MJ Building Services Group being handed down back in 2005 but I do know it is the case that told us that the phrase “at any time” means exactly that. It’s like Ronseal’s famous phrase, “Does exactly what it says on the tin”. With the Court of Appeal giving the words their literal and ordinary meaning, it was plain speaking at its best! It has also meant that for as long as I can remember, we have all assumed that there is no time limit on when a party can start an adjudication. (In Connex, the court was dealing with a situation where the notice of adjudication was issued after practical completion and after repudiation of the contract.) Consequently, the only limitations (if there are any) are the ones we find in the Limitation Act 1980, which doesn’t prevent a party from starting an adjudication but may provide the responding party with a defence (if taken), which means the adjudicator’s decision will be in their favour. (The same applies in court proceedings and, if the defence is successful, the claim may be struck out.) If this is all so well-established, you might wonder why I’m bothering to mention it. The answer is, because of HHJ Russen KC’s judgment in LJR Interiors Ltd v Cooper Construction Ltd, which he handed down last month.’

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Practical Law: Construction Blog , 14th February 2023


Nightingale Courts to remain open to boost capacity and speed up justice – Ministry of Justice

Posted February 17th, 2023 in courts, criminal justice, Crown Court, delay, Ministry of Justice, news, statistics by tracey

‘Nightingale Courts across England and Wales are being kept open for another year to reduce waiting times and deliver swift justice for victims.’

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Ministry of Justice, 17th February 2023


Embassy employee convicted of spying for the Russian State – Crown Prosecution Service

‘A security guard at the British Embassy in Berlin has been convicted of spying for Russia.’

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Crown Prosecution Service, 16th February 2023


Speech by the President of the Family Division: Parents with intellectual impairment in public law proceedings – the need to be alert – Courts & Tribunals Judiciary

Posted February 17th, 2023 in disabled persons, families, family courts, learning difficulties, news by tracey

“It is, I suspect, easy for those whose professional lives have started much more recently than mine (which I dare say includes most of this audience!) to assume that we have always understood intellectual impairment as we do now, and that we have always acted in the knowledgeable and sensitive way that we all strive to do. If that is your assumption, then you are, I am afraid, wrong as the following pair of anecdotes may demonstrate.”

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Courts & Tribunals Judiciary, 14th February 2023


Bar Standards Board sets out its plans to assure competence of barristers – Bar Standards Board

Posted February 17th, 2023 in barristers, continuing professional development, Legal Services Board, news by tracey

‘The Bar Standards Board (BSB) has today published its response to the Legal Service Board’s policy statement on ongoing competence. The response includes an action plan which sets out the BSB’s approach to assuring the professional competence of barristers and, in doing so, how it meets the expectations of the LSB’s policy statement.’

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Bar Standards Board, 14th February 2023


Nicola Bulley – latest: Lancashire police ‘sexist’ for revealing missing dog walker’s alcohol issues – The Independent

Posted February 17th, 2023 in alcohol abuse, disclosure, families, missing persons, news, police, privacy by tracey

‘A former victims’ commissioner has criticised Lancashire Police for being “sexist” after they controversially revealed Nicola Bulley’s alcohol issues.’

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The Independent, 17th February 2023


Convictions under ‘racist’ gang law to be monitored by CPS for first time – The Independent

‘The Crown Prosecution Service (CPS) will monitor data on the race of those prosecuted under the joint enterprise laws for the first time following a legal challenge.’

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The Independent, 16th February 2023


Fake doctor who worked in NHS for 20 years found guilty of fraud – The Guardian

Posted February 17th, 2023 in doctors, forgery, fraud, hospitals, news, psychiatrists by tracey

‘A fraudulent doctor who worked in the NHS for 20 years has been convicted of a “deliberate and wicked deception” after forging a medical degree certificate and practising as a psychiatrist without the necessary qualifications.’

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The Guardian, 15th February 2023


Exeter Prison ‘needs to be safer to make community safer’ – BBC News

Posted February 17th, 2023 in death in custody, mental health, news, prisons, self-harm, statistics, suicide by tracey

‘A Devon prison has to be safer for inmates to ensure communities are safer, an inspector has said.’

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BBC News, 16th February 2023


Home Office accepts court defeat on EU citizens scheme – BBC News

Posted February 17th, 2023 in brexit, citizenship, EC law, government departments, immigration, news by tracey

‘A High Court judgement that regulations affecting more than 2.5m EU citizens living in the UK are unlawful will not be challenged by the government.’

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BBC News, 16th February 2023