New Financial Services and Markets Act will establish UK’s post-Brexit regulatory framework –

Posted June 30th, 2023 in bills, brexit, EC law, financial regulation, news by tracey

‘Less than a year since it was first laid before parliament, the Financial Services and Markets Bill has been granted Royal Assent – firing the starting pistol on what is likely to be a marathon effort to establish the UK’s post-Brexit financial services legislative and regulatory landscape.’

Full Story, 29th June 2023


Unpublished policy and unlawful detention: a case note on R (MXK) v Secretary of State for the Home Department – UK Human Rights Blog

‘In R (MXK) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin), the Administrative Court held that:
the repeated detention of the claimants – foreign nationals with limited leave to remain – when they returned to the UK from travelling abroad, so that they could be questioned about their NHS debts, was unlawful;
the policy pursuant to which the claimants were detained (the “Policy”) was unlawful because it contained a positive statement of law which was wrong or, alternatively, because it failed to provide a full account of the legal position;
the Policy was unlawful because it was unpublished; and
the Secretary of State for the Home Department (“SSHD”) was in breach of the public sector equality duty (“PSED”) under s.149 of the Equality Act 2010.

In reality, the facts carried the day. This was true not only in relation to the unlawful detention issue, but also on some other points – for example, the SSHD failed to evidence any public interest in not publishing the Policy or any consideration given to the equality impacts of the exercise of the relevant powers of detention. Insofar as there are lessons to be learned, they are likely to be found in the criticisms levelled at the evidence (or lack thereof) provided by the SSHD.’

Full Story

UK Human Rights Blog, 29th June 2023


New Act –

Posted June 30th, 2023 in immigration, legislation by tracey

2023 c. 27 – British Nationality (Regularisation of Past Practice) Act 2023

Recent Statutory Instruments –

Posted June 30th, 2023 in legislation by tracey

SI 2023/720 – The Judicial Appointments (Amendment) Order 2023

SI 2023/718 – The Direct Payments to Farmers (Eligible Hectares and Afforested Areas) (Amendment) (England) Regulations 2023

SI 2023/729 – The Persistent Organic Pollutants (Amendment) Regulations 2023

SI 2023/722 – The REACH (Amendment) Regulations 2023

SI 2023/721 – The Packaging Waste (Data Reporting) (England) (Amendment) Regulations 2023S

SI 2023/715 – The Public Service Vehicles (Accessible Information) Regulations 2023

SI 2023/733 – The Public Order Act 2023 (Commencement No. 1) (England and Wales) Regulations 2023

SI 2023/717 – The Youth Rehabilitation Order (Electronic Monitoring Whereabouts Requirement) (Responsible Persons) Regulations 2023


BAILII: Recent Decisions

Posted June 30th, 2023 in law reports by tracey

Supreme Court

Marouf, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 23 (28 June 2023)

Unger & Anor v Ul-Hasan (deceased) & Anor [2023] UKSC 22 (28 June 2023)

Court of Appeal (Civil Division)

AAA (Syria) & Ors, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 745 (29 June 2023)

ADA (Children: Care and Placement Orders) [2023] EWCA Civ 743 (29 June 2023)

Tabbitt v Clark [2023] EWCA Civ 744 (28 June 2023)

Court of Appeal (Criminal Division)

Jackson, R. v [2023] EWCA Crim 735 (28 June 2023)

High Court (Administrative Court)

Szentak v Regional Court of Lublin (Poland) [2023] EWHC 1596 (Admin) (27 June 2023)

High Court (Chancery Division)

Lapome Ltd v Kemp & Anor [2023] EWHC 1564 (Ch) (29 June 2023)

Adjei v Official Receiver & Anor [2023] EWHC 1553 (Ch) (29 June 2023)

High Court (Commercial Court)

Gagliardi v Evolution Capital Management LLC [2023] EWHC 1608 (Comm) (29 June 2023)

Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 1527 (Comm) (28 June 2023)

High Court (Patents Court)

Interdigital Technology Corp & Ors v Lenovo Group Ltd & Ors [2023] EWHC 1577 (Pat) (28 June 2023)

High Court (King’s Bench Division)

WFZ v British Broadcasting Corporation [2023] EWHC 1618 (KB) (29 June 2023)

Merlin Entertainments PLC v Idziak [2023] EWHC 1597 (KB) (28 June 2023)

Alger v Commissioner of Police of the Metropolis [2023] EWHC 1582 (KB) (28 June 2023)


End to Friday prison releases calls time on damaging race against the clock- Ministry of Justice

Posted June 30th, 2023 in bills, Ministry of Justice, news, prisons, recidivists, statistics by tracey

‘Thousands of prisoners vulnerable to addiction, mental health issues or homelessness will no longer be released on Fridays as a new Bill to reduce reoffending becomes law today (29 June 2023).’

Full Story

Ministry of Justice, 30th June 2023


Pioneering initiative to force offenders to get clean or face jail time – Ministry of Justice

‘Criminals serving community orders for low level offences will be closely monitored by judges as part of a new pilot forcing offenders to clean up their acts or be put behind bars.’

Full Story

Ministry of Justice, 28th June 2023


What is the Tipstaff and what is their role? – Family Law

Posted June 30th, 2023 in child abduction, children, courts, families, family courts, news by tracey

‘The Tipstaff is often one of the first topics of discussion raised by new clients who have been accused of abducting their children. Questions that I am regularly asked are “What is the Tipstaff?” “What is their role in my case?” “Why did they send the police to visit me?” and “why do I have to provide them with my passports?” ‘

Full Story

Family Law, 26th June 2023


Ban on providing legal advisory services to Russians comes into force – Legal Futures

Posted June 30th, 2023 in barristers, legal profession, legal services, news, Russia, sanctions, Ukraine, war by tracey

‘A ban on UK lawyers providing “legal advisory services” to Russians comes into force today as the government ratchets up sanctions following the Ukraine invasion yet further.’

Full Story

Legal Futures, 30th June 2023


New recommendations for reform and development of the law on digital assets to secure UK’s position as global crypto hub – Law Commission

‘The Law Commission of England and Wales has today published recommendations for reform and development of the law relating to digital assets.’

Full Story

Law Commission, 28th June 2023


BSB survey of sanctions compliance at the Commercial Bar finds good levels of compliance but room for improvement in some areas – Bar Standards Board

Posted June 30th, 2023 in barristers, news, Russia, sanctions, Ukraine, war by tracey

‘The Bar Standards Board (BSB) has today published a thematic review of sanctions compliance focused on 31 chambers that are members of the Commercial Bar Association. The BSB generally found that barristers were aware of the risks of unwittingly engaging with a designated person without a licence and that they were taking a cautious approach to compliance. We also found examples of good practice which we would encourage all barristers and their chambers or entity staff to consider regardless of their area of practice.’

Full Story

Bar Standards Board, 28th June 2023


Supreme Court rules in ‘death ends everything’ divorce case – Law Society’s Gazette

Posted June 30th, 2023 in appeals, bereavement, divorce, families, financial provision, news, Supreme Court by tracey

‘The Supreme Court has unanimously dismissed a wife’s appeal for financial relief against her husband’s estate after he died before the final determination of her application.’

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Law Society's Gazette, 30th June 2023


Retired judges ‘should get a practising certificate’ before returning – report – Law Society’s Gazette

Posted June 30th, 2023 in barristers, judges, judiciary, Law Society, Ministry of Justice, news, retirement by tracey

‘Retired judges wishing to return to legal work should obtain a practising certificate from the Law Society or Bar Standards Board, an academic report has suggested.’

Full Story

Law Society's Gazette, 29th June 2023


Public confidence in justice system at risk due to delayed reforms, MPs warn – The Independent

Posted June 30th, 2023 in budgets, civil justice, courts, criminal justice, delay, HM Courts Service, news, victims by tracey

‘Public confidence in the justice system is at risk of being undermined by the courts and tribunals service amid delays to key reforms, MPs have warned in a scathing report.’

Full Story

The Independent, 30th June 2023


Gender-critical woman wins harassment claim against Arts Council England – The Guardian

‘A gender-critical woman has won a harassment claim against Arts Council England, after hostile comments were made about her beliefs at an internal meeting and on a petition circulated within the organisation.’

Full Story

The Guardian, 27th June 2023


UK high court to look at legal battle over WhatsApp evidence for Covid inquiry – The Guardian

‘A legal battle between the Cabinet Office and Covid public inquiry will be considered by the high court on Friday, amid wrangling over the issue of redacted documents, including Boris Johnson’s WhatsApp messages.’

Full Story

The Guardian, 30th June 2023


Cardiff: Hailey Park sewage pumping station legal bid starts – BBC News

Posted June 30th, 2023 in judicial review, local government, news, parks, planning, sewerage, Wales, waste, water by tracey

‘A judicial review of plans to build a sewage pumping station in a popular park has begun.’

Full Story

BBC News, 29th June 2023


‘Ruthless’ gang jailed for south England ram-raid spree – BBC News

Posted June 30th, 2023 in burglary, criminal damage, gangs, imprisonment, news, sentencing, theft by tracey

‘Four men have been jailed following a series of ram-raids involving thefts of more than £1.2m.’

Full Story

BBC News, 30th June 2023


Braverman plan to send asylum seekers to Rwanda unlawful, appeal court rules – The Guardian

‘Court of appeal judges have ruled that it is unlawful to send asylum seekers to Rwanda to have their claims processed, in a judgment that delivers a potential hammer blow to government policy.’

Full Story

The Guardian, 29th June 2023


Shelving of Bill of Rights plan ‘disappointing’ – Raab – The Independent

Posted June 29th, 2023 in bills, human rights, news by sally

‘Conservative MP Dominic Raab has hit out at the Government, after ministers decided not to proceed with the Bill of Rights.’

Full Story

The Independent, 28th June 2023