Recent Statutory Instruments –

Posted February 27th, 2023 in legislation by tracey

SI 2023/179 – The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2023

SI 2023/175 – The Non-Domestic Rating (Designated Areas) Regulations 2023

SI 2023/173 – The Policing and Crime Act 2017 (Maritime Enforcement Powers: Revised Code of Practice) Regulations 2023

SI 2023/172

SI 2023/188 – The Non-Domestic Alternative Fuel Payment Pass-through Requirement and Amendment Regulations 2023

SI 2023/186 – The Social Security (Contributions) (Amendment) Regulations 2023

SI 2023/185 – The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023

SI 2023/184 – The Post Office Horizon Compensation and Infected Blood Interim Compensation Payment Schemes (Tax Exemptions and Relief) Regulations 2023

SI 2023/193 – The Private Security Industry Act 2001 (Licences) (Amendment) Regulations 2023


BAILII: Recent Decisions

Posted February 27th, 2023 in law reports by tracey

Supreme Court

News Corp UK & Ireland Ltd v Revenue and Customs [2023] UKSC 7 (22 February 2023)

Court of Appeal (Civil Division)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2023] EWCA Civ 191 (24 February 2023)

URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 189 (23 February 2023)

CAB Housing Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWCA Civ 194 (23 February 2023)

Kinnersley, R (On the Application Of) v Maidstone Borough Council [2023] EWCA Civ 172 (22 February 2023)

JZ v Secretary of State for the Home Department & Ors [2023] EWCA Civ 178 (22 February 2023)

Court of Appeal (Criminal Division)

Anderson, R. v [2023] EWCA Crim 181 (23 February 2023)

Bell v R. [2023] EWCA Crim 175 (22 February 2023)

High Court (Administrative Court)

Medway Council, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 377 (Admin) (24 February 2023)

Hayle Town Council, R (On the Application Of) v The Cornwall Council [2023] EWHC 389 (Admin) (24 February 2023)

Ullah, R (On the Application Of) v National Crime Agency [2023] EWHC 371 (Admin) (22 February 2023)

High Court (Chancery Division)

Etroy & Anor v Speechly Bircham LLP [2023] EWHC 386 (Ch) (23 February 2023)

High Court (Commercial Court)

Commission Recovery Ltd v Marks & Clerk LLP & Anor [2023] EWHC 398 (Comm) (24 February 2023)

Pan Ocean Co Ltd v Daelim Corporation [2023] EWHC 391 (Comm) (24 February 2023)

Glencore Energy UK Ltd v NIS J.S.C. Novi Sad [2023] EWHC 370 (Comm) (23 February 2023)

High Court (Family Division)

PP (A Child: Anonymisation), Re [2023] EWHC 330 (Fam) [2023] EWHC 330 (Fam) (20 February 2023)

High Court (King’s Bench Division)

Read v Dorset County Hospital NHS Foundation Trust & Anor [2023] EWHC 367 (KB) (24 February 2023)

Transport for London v Lee & Ors [2023] EWHC 402 (KB) (24 February 2023)

Afzal v Khan & Ors [2023] EWHC 376 (KB) (24 February 2023)

Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (24 February 2023)

Czernuszka v King [2023] EWHC 380 (KB) (23 February 2023)

Osbourne v Persons Unknown & Ors [2023] EWHC 340 (KB) (22 February 2023)


Revealed: one in 100 police officers in England and Wales faced a criminal charge last year – The Guardian

‘Shocking figures obtained by the Observer show roughly one in 100 police officers in England and Wales faced criminal charges, including for sexual offences, last year alone.’

Full Story

The Guardian, 25th February 2023


Case Preview: London Borough of Merton Council v Nuffield Health Ltd – UKSC Blog

Posted February 27th, 2023 in appeals, charities, local government, news, rates, Supreme Court by sally

‘In this post, Lisa Fox, a senior associate in the litigation team at CMS, previews the decision awaited from the Supreme Court in London Borough of Merton v Nuffield Health Ltd.’

Full Story

UKSC Blog, 24th February 2023


Upholding ethical standards – Law Society’s Gazette

‘The Committee on Standards in Public Life (CSPL), established in 1994 by John Major to advise the prime minister on arrangements for upholding ethical standards of conduct across public life in England, clearly expected more from the government in this area. For while the CSPL’s January 2019 review of Local Government Ethical Standards contained 26 recommendations, on 4 October 2022, the CSPL’s chair, Lord Evans, wrote to the secretary of state for Levelling Up, Housing and Communities (LUHC), at the time Simon Clarke MP, indicating that it was “very disappointed that many of its careful recommendations have not been accepted”. Among other things, Lord Evans noted “clear frustration within local authorities at the limited powers within the local government standards regime to address poor behaviour by a minority of individuals”. Because while the 2019 report indicated that “the vast majority of councillors and officers want to maintain the highest standards of conduct in their own authority”, it nevertheless noted that a “minority of councillors engage in bullying or harassment, or other highly disruptive behaviour, and a small number of parish councils give rise to a disproportionate number of complaints about poor behaviour”.’

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Law Society's Gazette, 24th February 2023


Supreme Court to rule next week over rent repayment orders and superior landlord liability – Local Government Lawyer

‘The Supreme Court will next week (1 March) hand down its ruling in a dispute over whether a rent repayment order can only be made against an immediate landlord or whether a superior landlord can also be liable.’

Full Story

Local Government Lawyer, 24th February 2023


Full list of new driving rules in March and April everyone should know – The Independent

Posted February 27th, 2023 in London, news, road traffic, roads by sally

‘Motorists are set to be slapped with a new set of driving rules and changes this year, with some alterations expected to impact thousands of Britons.’

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The Independent, 27th February 2023


Amendments to the Treasure Act 1996 – and an ecclesiastical exemption – Law & Religion UK

Posted February 27th, 2023 in Church of England, codes of practice, news, treasure by sally

‘The Government has announced forthcoming changes to the Treasure Act 1996, as amended. The Act applies in England, Wales and Northern Ireland. Under its terms, newly-discovered artefacts defined as “treasure” are the property of the Crown, and a person who finds an object that he or she believes to be treasure must notify the relevant authorities within 14 days. The Act currently applies to objects that are more than 300 years old and are made of precious metal or are part of a collection of valuable objects or artefacts.’

Full Story

Law & Religion UK, 24th February 2023


Tighter regulation of psychologists in family law cases up to MPs, says senior judge – The Guardian

Posted February 27th, 2023 in expert witnesses, families, family courts, judges, news, psychiatrists by sally

‘England’s most senior family court judge has advised there is a “need for rigour” and “clarity” when instructing psychologists to give expert evidence – but has stopped short of saying the family courts should never appoint those who are “unregulated”.’

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The Guardian, 26th February 2023


What’s the future for open justice and ‘justice system data’ policy? – Transparency Project

Posted February 27th, 2023 in civil justice, consultations, criminal justice, data protection, news by sally

‘“Our justice system is years behind other public services like health and education in collecting and using data to understand performance and impact” says Natalie Byrom, director of research at the Legal Education Foundation (TLEF). “We need a fundamental shift in attitude and culture to ensure that changes are underpinned by solid evidence and that decision-makers are accountable to those who need the law most.”’

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Transparency Project, 24th February 2023


Depth of NHS crisis is revealed by coroners’ courts reports – The Guardian

Posted February 27th, 2023 in coroners, delay, hospitals, inquests, news by sally

‘NHS waiting times, staff shortages and service backlogs have been flagged as concerns in relation to dozens of patient deaths across England and Wales since the start of last year, the Observer can reveal, with coroners facing a succession of inquests concerning ambulance delays.’

Full Story

The Guardian, 26th February 2023


Minimum marriage age rises to 18 in England and Wales – BBC News

Posted February 27th, 2023 in children, civil partnerships, forced marriages, marriage, news, young persons by sally

‘A new law increasing the legal age of marriage to 18 has come into force in England and Wales.’

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BBC News, 27th February 2023


Police should be given power to charge suspects, say senior officers in England – The Guardian

Posted February 27th, 2023 in criminal justice, Crown Prosecution Service, delay, news, police by sally

‘The police, rather than independent prosecution lawyers, should have the power to charge suspects in most cases, three senior police chiefs have said, as they warned of a deepening crisis in the justice system.’

Full Story

The Guardian, 27th February 2023