Family of headteacher Ruth Perry refused legal aid for inquest into her death – The Guardian

Posted November 27th, 2023 in bereavement, costs, families, inquests, legal aid, mental health, news, ombudsmen, suicide, teachers by tracey

‘The family of the headteacher Ruth Perry, whose death after a critical Ofsted inspection will be the subject of a high-profile inquest this week, have been refused legal aid to fund their representation just days before the hearing is due to start.’

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The Guardian, 26th November 2023


Recent Statutory Instruments –

Posted November 27th, 2023 in legislation by tracey

SI 2023/1263 – The United Kingdom Internal Market Act 2020 (Services Exclusions) Regulations 2023

SI 2023/1262 – The Animals (Penalty Notices) Act 2022 (Commencement) Regulations 2023

SI 2023/1257 – The Car, Van and Heavy Duty Vehicle Carbon Dioxide Emissions Performance Standards (Civil Penalties and Miscellaneous Amendments) Regulations 2023


BAILII: Recent Decisions

Posted November 27th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Vale SA v BHP Group (UK) Ltd [2023] EWCA Civ 1388 (24 November 2023)

Bruce v Wychavon District Council [2023] EWCA Civ 1389 (24 November 2023)

Ozmen, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 1366 (23 November 2023)

Court of Appeal (Criminal Division)

Brennand, R. v [2023] EWCA Crim 1384 (24 November 2023)

High Court (Administrative Court)

Solicitors Regulation Authority Ltd v Whittingham [2023] EWHC 2981 (Admin) (24 November 2023)

High Court (Chancery Division)

Freeborn & Ors v Emery House Property Ltd & Anor [2023] EWHC 3009 (Ch) (24 November 2023)

Stoney-Andersen v Abbas & Ors [2023] EWHC 2964 (Ch) (24 November 2023)

Rahman v Hassan & Ors [2023] EWHC 3004 (Ch) (24 November 2023)

Knell & Ors v Van Loo [2023] EWHC 2933 (Ch) (24 November 2023)

Steels v Steels & Anor [2023] EWHC 2985 (Ch) (23 November 2023)

High Court (Commercial Court)

Ceto Shipping Corporation v Savory Shipping Inc [2023] EWHC 2995 (Comm) (24 November 2023)

Mercuria Energy Trading PTE v Raphael Cotoner Investments Ltd (m/t Afra Oak) [2023] EWHC 2978 (Comm) (23 November 2023)

Infinity Treasures PTE Ltd v Global Currency Exchange Network Ltd [2023] EWHC 2945 (Comm) (23 November 2023)

High Court (Family Division)

Mahtani v Mahtani [2023] EWHC 2988 (Fam) (22 November 2023)

High Court (Patents Court)

Saint-Gobain Adfors SAS v 3M Innovative Properties Company (Re Costs) [2023] EWHC 2949 (Pat) (23 November 2023)

High Court (King’s Bench Division)

Hemming v Poulton [2023] EWHC 3001 (KB) (24 November 2023)

Bayless & Ors v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB) (23 November 2023)

Lenkor Energy Trading DMCC v Puri [2023] EWHC 2979 (KB) (23 November 2023)


Court of Appeal: ‘Very significant obstacles to integration’ is an objective test – EIN Blog

Posted November 27th, 2023 in appeals, asylum, deportation, government departments, immigration, news, violence by tracey

‘NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023). The Court of Appeal has held that the First-tier Tribunal had erred in its application of the “very significant obstacles to integration” test set out in paragraph 276ADE(1)(vi) of the Immigration Rules, as then in force, by failing to turn its attention to any evidence beyond an individual’s subjective fear of violence if they were returned to their home country. On proper analysis, the FTT should have focused on the reality of the individual’s daily life if returned; specifically, what steps she could reasonable take to avoid or mitigate her fear, such as by seeking state protection or asking for help from relatives. The appellant, “NC”, maintained that there was no error of law in the FTT’s determination, that the Upper Tribunal was itself in error in concluding that there was and that the FTT’s determination in her favour should stand. However, the SSHD maintained that the Upper Tribunal was correct to find that the FTT had made an error of law and to set aside the FTT’s determination. The focus of the appeal was on the meaning of “very significant obstacles to … integration” as those words appeared in paragraph 276ADE(1)(vi) at the material time. The appellant “NC” appealed against the Upper Tribunal’s determination that the FTT had made an error of law when it concluded that she should not be returned to St Kitts and Nevis. NC came to the UK in March 2016, aged 28. She claimed asylum in October 2016.’

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EIN Blog, 27th November 2023


UK to sign Hague Convention 2019 on cross-border enforcement of judgments –

Posted November 27th, 2023 in dispute resolution, enforcement, foreign jurisdictions, news by tracey

‘Businesses should be able to enforce UK court rulings more easily in other countries in future – and enforce judgments made by foreign courts in the UK too – once the UK accedes to the 2019 Hague Convention, experts in dispute resolution have said.’

Full Story, 24th November 2023


Lewis Graham: On Ouster Clauses (Again) – UK Constitutional Law Association

Posted November 27th, 2023 in constitutional law, Crown Court, indictments, judicial review, news, sentencing by tracey

‘When we think of the most important ouster clauses in the law of judicial review, we might think of the relevant parts of the Foreign Compensation Order considered in Anisminic, or section 67(8) the Regulation of Investigatory Powers Act, crucial to the decision in Privacy International. We might consider section 2 of the Judicial Review and Courts Act, restricting Cart-type reviews. Or we might look to provisions in the recently-passed Illegal Immigration Act and forthcoming Victims and Prisoners Bill, which purport to shield the respective legislation from certain kinds of review under the Human Rights Act.’

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UK Constitutional Law Association, 23rd November 2023


Minimum service levels update – major change to UK trade union law – Local Government Lawyer

Posted November 27th, 2023 in employment, industrial action, local government, news, trade unions by tracey

‘Under the Strikes (Minimum Service Levels) Act 2023, which received Royal Assent on 20 July 2023, the Secretary of State has the power to set Minimum Service Levels (MSLs) for “relevant services” in the fields of health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Christopher Grierson and Francesca Gallagher look at the key provisions.’

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Local Government Lawyer, 24th November 2023


Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling. – Local Government Lawyer

‘Charlotte Hadfield looks at the lessons to be learned from a recent Employment Appeal Tribunal ruling.’

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Local Government Lawyer, 24th November 2023


Permitted development and the Habitats Regulations 2017 – Local Government Lawyer

‘Anne Gerzon explains how the Conservation of Habitats and Species Regulations 2017 apply to the deemed grant of planning permission set out in the General Permitted Development Order 2015.’

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Local Government Lawyer, 24th November 2023


Leading firm fined £101,000 for anti-money laundering failures – Legal Futures

Posted November 27th, 2023 in fines, law firms, money laundering, news, solicitors, Solicitors Regulation Authority by tracey

‘A leading South-West law firm has been fined £101,357 for failing to act over money laundering red flags on three property transactions, two of which may have involved a sanctioned entity.’

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Legal Futures, 27th November 2023


People smugglers ordered to pay over £280,000 from criminal profits in the Essex lorry deaths case – Crown Prosecution Service

‘A convicted people smuggler, responsible for the manslaughter of 39 people who died in the back of a lorry in Essex, has today (24 September 2023) been ordered to pay a total of £65,157.65 to victims’ families through a Confiscation Order made by the court today.’

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Crown Prosecution Service, 24th November 2023


MoJ says it is working on making court records more accessible following MP’s outrage at £7,500 bill – Law Society’s Gazette

Posted November 27th, 2023 in bills, criminal justice, judgments, Ministry of Justice, news, victims by tracey

‘Ministry of Justice officials are working on ways to make transcripts of court proceedings available to victims of crime, a minister has revealed. But, speaking in parliament last week, Mike Freer MP did not respond to calls for immediate legislation to make this possible.’

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Law Society's Gazette, 26th November 2023


Solicitors Regulation Authority wins appeal against Solicitors Disciplinary Tribunal costs order – Law Society’s Gazette

‘A judge has overruled the Solicitors Disciplinary Tribunal’s decision to slash the Solicitors Regulation Authority’s costs claim in a strike-off case. The regulator had sought £22,800 in the case last January but the tribunal awarded only £5,000.’

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Law Society's Gazette, 27th November 2023


Ministers to appoint adviser to support disaster victims in England and Wales – The Guardian

Posted November 27th, 2023 in accidents, bills, emergency services, government departments, news, victims by tracey

‘Ministers are to appoint a permanent independent adviser to provide support for victims of major disasters in England and Wales.’

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The Guardian, 27th November 2023