Lucy Letby public inquiry formally opened by judge – BBC News
‘The public inquiry into serial killer Lucy Letby’s crimes has formally begun although hearings may not begin until next autumn.’
BBC News, 22nd November 2023
Source: www.bbc.co.uk
Month: November 2023
Family President signals need for “radical departure” from current model of how courts consider contact with birth family after adoption – Local Government Lawyer
‘The President of the Family Division, Sir Andrew McFarlane, has outlined a “pressing need” for courts and those who advise them to modernise the approach that is taken to supporting young, adopted persons by “enhancing the degree to which they may maintain some form of relationship with their birth family after adoption”.’
Local Government Lawyer, 22nd November 2023
Source: www.localgovernmentlawyer.co.uk
Robert Blackburn: The Formal Powers of the Royal Head of State: Terminology, Concepts, and Practice – UK Constitutional Law Association
‘This post argues that the terminology of “reserve powers” and “personal prerogatives” are inaccurate and misleading descriptions of the royal powers of prime ministerial appointment, the dissolution of Parliament, and royal assent. They should be described in our constitutional writing as the “formal” or “ceremonial” powers of the royal Head of State. They are distinguishable as being “direct” prerogatives of the Monarch, separate from other Crown prerogatives that are exercised “indirectly”, in the name of the Crown, by ministers.’
UK Constitutional Law Association, 23rd November 2023
Source: ukconstitutionallaw.org
Adviser warns UK government against tightening laws on glorifying terrorism – The Guardian
‘No 10 should not implement plans to amend the law on glorifying terrorism after the pro-Palestine marches as it would do “no favours” to police, MI5 or the probation service, a government adviser has said.’
The Guardian, 23rd November 2023
Source: www.theguardian.com
Loophole in NHS Pensions Regs? – Pensions Barrister
‘Paul Newman KC has written a casenote on the recent decision of the CA in Campbell v NHS Business Services Authority, in which a member was held to have died in pensionable service and therefore to have been entitled only to a death in service benefit lump sum, rather than a higher ill health lump sum, by reason of untaken leave entitlement.’
Pensions Barrister, 23rd November 2023
Source: www.pensionsbarrister.com
Domestic abuse: Stalker to be released despite being ruled unsafe – BBC News
‘A stalker who held his ex-girlfriend at gunpoint will be released from prison in February despite a parole board panel finding he was not safe to live in the community.’
BBC News, 22nd November 2023
Source: www.bbc.co.uk
‘It risks miscarriages of justice’: MPs oppose rap lyrics being used as evidence in UK trials – The Guardian
‘The lawyer Shami Chakrabarti, the DJ Annie Mac and Labour MPs Nadia Whittome and Kim Johnson are among the figures lending support to a new campaign to change how rap lyrics are used as evidence in UK criminal hearings.’
The Guardian, 22nd November 2023
Source: www.theguardian.com
Recent Statutory Instruments – legislation.gov.uk
SI 2023/1230 – The Parliamentary Constituencies Order 2023
SI 2023/1228 – The Electricity (Designation of Delivery Bodies) (Transmission) Regulations 2023
SI 2023/1227 – The Police and Crime Commissioner Elections (Amendment) Order 2023
SI 2023/1236 – The Insurance Companies (“The Long-term Business Fixed Capital”) Regulations 2023
SI 2023/1233 – The Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023
SI 2023/1220 – The Electronic Communications Code (Jurisdiction) (Amendment) Regulations 2023
SI 2023/1252 – The Dormant Assets (Distribution of Money) (England) Order 2023
SI 2023/1243 – The Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023
SI 2023/1238 – The Universal Credit (Transitional Provisions) (Amendment) Regulations 2023
SI 2023/1234 – The Elections Act 2022 (Commencement No. 10 and Savings) Regulations 2023
SI 2023/1242 – The Online Safety Act 2023 (Commencement No. 1) Regulations 2023
SI 2023/1216 – The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Court of Appeal (Civil Division)
NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023)
Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 (22 November 2023)
Kyle v Coventry City Council [2023] EWCA Civ 1360 (20 November 2023)
FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357 (20 November 2023)
THI Systems Ltd & Anor v Sheridan & Anor [2023] EWCA Civ 1354 (20 November 2023)
Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023)
N (Children: Revocation of Placement Orders) [2023] EWCA Civ 1352 (17 November 2023)
Court of Appeal (Criminal Division)
Mahmood, R. v [2023] EWCA Crim 1358 (17 November 2023)
High Court (Administrative Court)
AB, R (On the Application Of) v Uxbridge Youth Court [2023] EWHC 2951 (Admin) (21 November 2023)
High Court (Chancery Division)
PlusHolding GmbH, In the Matter Of (Re Companies Act 2006) [2023] EWHC 2915 (Ch) (17 November 2023)
Next Generation Holdings Ltd & Anor v Finch & Ors [2023] EWHC 2925 (Ch) (17 November 2023)
Roberts v Kseye Capital No.1 Ltd & Anor [2023] EWHC 2927 (Ch) (17 November 2023)
Warner Music UK Ltd & Anor v TuneIn, Inc [2023] EWHC 2875 (Ch) (17 November 2023)
High Court (Commercial Court)
The Witz Company LLC & Anor v Truell [2023] EWHC 2877 (Comm) (17 November 2023)
High Court (Family Division)
His Majesty’s Solicitor General v Jason-Steven: Wong [2023] EWHC 2966 (Fam) (21 November 2023)
High Court (King’s Bench Division)
WNA v NDP [2023] EWHC 2970 (KB) (22 November 2023)
DMH Electrical (UK) Ltd v MK City Group Ltd [2023] EWHC 2960 (KB) (21 November 2023)
Boodia & Anor v Slade (t/a Richard Slade And Company) [2023] EWHC 2963 (KB) (21 November 2023)
Riniker v Al-Turk [2023] EWHC 2910 (KB) (17 November 2023)
Edward v Okeke & Ors [2023] EWHC 2932 (KB) (17 November 2023)
Hameed v Sheikh [2023] EWHC 2845 (KB) (17 November 2023)
QBE UK Ltd v Hilton [2023] EWHC 2931 (KB) (17 November 2023)
High Court (Technology and Construction Court)
Brookhouse Group Limited v Lancashire County Council [2023] EWHC 2921 (TCC) (17 November 2023)
Source: www.bailii.org
Fixed Recoverable Costs and Vulnerability – Gatehouse Chambers
‘The changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 are now here and were implemented on 1 October 2023. With this comes the new ‘intermediate track’ which lay between Fast Track and Multi Track cases valued at £100,000 and over. This article is not intended to tell you about the four complexity bands within the intermediate track or the grids of costs within PD45, or about the new standard directions for this track, but to say a few words about how the costs arising from vulnerability are to be dealt with.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
Developer who ignored listed building notice hit with £80k fine – Local Government Lawyer
‘A developer who neglected a listed mansion has been found guilty of ignoring a listed building notice for five years following a prosecution brought by Liverpool City Council.’
Local Government Lawyer, 21st November 2023
Source: www.localgovernmentlawyer.co.uk
Blow to gig economy workers after UK supreme court rules against collective bargaining rights – The Guardian
‘Deliveroo riders do not have the right to collective negotiations on pay and conditions, the UK’s top court has ruled, in a blow to gig economy campaigners and the unions that represent them.’
The Guardian, 21st November 2023
Source: www.theguardian.com
The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub
‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’
Oxford Human Rights Hub, 22nd November 2023
Source: ohrh.law.ox.ac.uk
How Smith v Finch has been run over by a Boris bike – Gatehouse Chambers
‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’
Gatehouse Chambers, 20th October 2023
Source: gatehouselaw.co.uk
Bailiffs and their powers in England and Wales – OUT-LAW.com
‘Having a bailiff take control of goods and sell them is a common method of enforcement a money judgment in England and Wales.’
OUT-LAW.com, 21st November 2023
Source: www.pinsentmasons.com
Consolidation of legal regulators “may be a good thing” – Legal Futures
‘Consolidation of legal regulators “may be a good thing” if designed to achieve “the pulling together of knowledge, lessons, consumer research and engagement”, the Legal Services Consumer Panel has said.’
Legal Futures, 22nd November 2023
Source: www.legalfutures.co.uk
Theodore Konstadinides: Reassessing the UK’s Rwanda Asylum Policy: Tinkering with International Law and the Constitution – UK Constitutional Law Association
‘On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. Despite the swift turnaround, the judgment was meticulously formulated, reflecting the serious implications of the case.’
UK Constitutional Law Association, 21st November 2023
Source: ukconstitutionallaw.org
Workington parents jailed for death of baby Dallas Kelly – BBC News
‘A man has been sentenced to life imprisonment for murdering his four-month-old son.’
BBC News, 21st November 2023
Source: www.bbc.co.uk
