Applications for Anti-Social Behaviour Injunctions and Gang-Related Violence Injunctions – Local Government Lawyer

‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’

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Local Government Lawyer, 1st September 2023


Is an appropriate adult always appropriate? – Local Government Lawyer

Posted September 4th, 2023 in appeals, children, local government, news by tracey

‘Sally Gore analyses a Court of Appeal ruling that considered the fairness of an age assessment when an appropriate adult was not used for the short-form assessment/interview.’

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Local Government Lawyer, 1st September 2023


Weinstein whistleblower attacks Bar Council over NDAs stance – Legal Futures

‘The woman who first broke a Harvey Weinstein non-disclosure agreement (NDAs) has strongly criticised the Bar Council for dismissing the growing evidence of NDA abuse.’

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Legal Futures, 4th September 2023


Home Secretary orders review into political activism in police – Home Office

Posted September 4th, 2023 in government departments, news, police by tracey

‘The Home Secretary has commissioned a review into activism and impartiality in the police.’

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Home Office, 2nd September 2023


A46 car crash murderers sentenced – Crown Prosecution Service

Posted September 4th, 2023 in Crown Prosecution Service, homicide, imprisonment, murder, news, sentencing by tracey

‘A TikTok influencer, her mother and a group of associates have been sentenced at Leicester Crown Court for their involvement in the killing of two men on the A46 in Leicestershire.’

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Crown Prosecution Service, 1st September 2023


One-hour oral judgment in family case ‘plainly irregular’ – Law Society’s Gazette

Posted September 4th, 2023 in appeals, child abuse, children, judges, judgments, news, sexual offences by tracey

‘A one-hour oral judgment delivered on a complex family case was “manifestly insufficient” and should be re-examined, the Court of Appeal has ruled.’

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Law Society's Gazette, 1st September 2023


ClientEarth to face costs bill in directors’ liability case – Law Society’s Gazette

‘Campaigning law charity ClientEarth will have to foot its opponent’s costs in its failed attempt to hold directors of Shell personally responsible for the oil company’s environmental policies, the judge in the case has ordered. In ClientEarth v Shell plc & Ors, The Honourable Mr Justice Trower rejected an attempt under the civil procedure rules to claim a derogation from the ‘unsuccessful party pays’ principle.’

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Law Society's Gazette, 1st September 2023


Man found guilty of murdering six-year-old in 1994 awaits ruling on appeal – The Independent

‘A 42-year-old man given a life sentence after being found guilty of murdering a six-year-old boy nearly 30 years ago is waiting for a ruling on an appeal.’

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The Independent, 4th September 2023


Missing evidence led to 16 homicides in England and Wales not going to trial – The Guardian

Posted September 4th, 2023 in evidence, homicide, news, police, prosecutions, statistics by tracey

‘Prosecutions involving more than a dozen homicides and more than 100 sexual offences collapsed before trial in England and Wales last year as a result of lost or missing evidence, the Guardian has learned.’

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The Guardian, 3rd September 2023


Ex-Nationwide teller in London jailed for part in £130,000 bank fraud – The Guardian

Posted September 4th, 2023 in banking, fraud, imprisonment, news, sentencing by tracey

‘A former teller at a London branch of Nationwide has been jailed for more than two years for his part in a £130,000 bank fraud.’

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The Guardian, 3rd September 2023


Botox providers in England facing stricter rules – BBC News

Posted September 4th, 2023 in cosmetic surgery, licensing, news by tracey

‘The government could ban unlicensed providers of cosmetic treatments in England, in what industry bodies say would be the biggest shake-up in a generation.
Under the plans, anyone carrying out Botox, breast or butt lift injections would have to be trained and licensed, with their premises also inspected.
The proposals have been have been opened up for public consultation.’

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BBC News, 3rd September 2023


Family courts: Mothers dying after ‘abusers’ claim access to children – BBC News

Posted September 4th, 2023 in children, domestic violence, families, family courts, news, suicide, victims by tracey

‘Five mums have died after family courts allowed fathers accused of abuse to apply for contact with their children, a BBC investigation has found.’

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BBC News, 4th September 2023


Recent Statutory Instruments

Posted September 4th, 2023 in legislation by tracey

SI 2023/934 – The Financial Services Act 2021 (Commencement No. 5) Regulations 2023

SI 2023/918 – The Finance (No. 2) Act 2023, Schedule 19 (Trade Remedies) (Appointed Day and Savings) Regulations 2023

SI 2023/936 – The Financial Services and Markets Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2023

SI 2023/937 – The Financial Services and Markets Act 2023 (Commencement No. 3) (Amendment) Regulations 2023

SI 2023/948 – The Health and Care Act 2022 (Further Consequential Amendments) Regulations 2023

SI 2023/945 – The National Health Service (Disapplication of NHS England’s Powers of Direction) (England) Regulations 2023


BAILII: Recent Decisions

Posted September 4th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

MSC Mediterranean Shipping Company SA v Stolt Tank Containers BV & Ors (Re “MSC Flaminia” (No. 2)) [2023] EWCA Civ 1007 (01 September 2023)

Royal and Sun Alliance Insurance Ltd & Ors v Tughans [2023] EWCA Civ 999 (31 August 2023)

SA, Re (Declaration of Non-Recognition of Marriage) [2023] EWCA Civ 1003 (30 August 2023)

T (Children), Re [2023] EWCA Civ 1004 (30 August 2023)

MXX v A Secondary School [2023] EWCA Civ 996 (25 August 2023)

Blake & Ors v Fox [2023] EWCA Civ 1000 (25 August 2023)

Court of Appeal (Criminal Division)

Watson, R. v [2023] EWCA Crim 1016 (04 September 2023)

Beard & Ors, R. v [2023] EWCA Crim 1015 (04 September 2023)

More, R. v [2023] EWCA Crim 1005 (01 September 2023)

High Court (Administrative Court)

London Fluid System Technologies Ltd & Ors, R (On the Application Of) v HM Revenue and Customs [2023] EWHC 2206 (Admin) (01 September 2023)

High Court (Chancery Division)

ClientEarth v Shell Plc & Ors (Re Costs) [2023] EWHC 2182 (Ch) (31 August 2023)

Scenna & Anor v Persons Unknown Using the Identity “Nancy Chen” & Ors (Re Costs) [2023] EWHC 2173 (Ch) (30 August 2023)

Krause & Ors v Tellisford UK Ltd & Ors (Re Tellisford UK Ltd and Companies Act 2006) [2023] EWHC 2143 (Ch) (29 August 2023)

Shaw v Maguire (Re Preliminary Issues) [2023] EWHC 2155 (KB) (25 August 2023)

Shill Properties Ltd v Bunch [2023] EWHC 2135 (Ch) (25 August 2023)

High Court (Commercial Court)

Viking Trading OU v Louis Dreyfus Company Suisse SA [2023] EWHC 2160 (Comm) (25 August 2023)

High Court (Family Division)

B (A Child), Re (Consent; Acquiescence; Intolerability) [2023] EWHC 2162 (Fam) (25 August 2023)

High Court (Patents Court) Decisions

Cook UK Ltd v Boston Scientific Ltd & Anor [2023] EWHC 2163 (Pat) (30 August 2023)

High Court (King’s Bench Division)

Takhar & Ors v Mohamed & Anor [2023] EWHC 2190 (KB) (31 August 2023)

Esso Petroleum Company Ltd v Breen & Anor [2023] EWHC 2013 (KB) (31 August 2023)

Mikadze & Anor v Dechert LLP & Ors [2023] EWHC 2165 (KB) (30 August 2023)

Waverley Borough Council v Gray & Ors [2023] EWHC 2161 (KB) (25 August 2023)

Celebrity Speakers Ltd v Daniel & Ors [2023] EWHC 2158 (KB) (25 August 2023)

Shaw v Maguire (Re Preliminary Issues) (Rev1) [2023] EWHC 2155 (KB) (25 August 2023)

High Court (Technology and Construction Court)

IBM United Kingdom Ltd v LzLabs GmbH & Ors [2023] EWHC 2142 (TCC) (24 August 2023)

Berkeley Homes (South East London) Ltd & Anor v John Sisk and Son Ltd [2023] EWHC 2152 (TCC) (24 August 2023)

Topalsson GmbH v Rolls-Royce Motor Cars Ltd [2023] EWHC 2092 (TCC) (17 August 2023)

Norfolk County Council v Blanmar 2 LLP (Re Permission to Appeal) [2023] EWHC 2120 (TCC) (17 August 2023)