Recent Statutory Instruments –

Posted December 19th, 2023 in legislation by tracey

SI 2023/1402 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023

SI 2023/1400 – The Designation of Rural Primary Schools (England) Order 2023

SI 2023/1398 – The Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023

SI 2023/1397 – The Civil Procedure (Amendment No. 4) Rules 2023

SI 2023/1395 – The Civil Jurisdiction and Judgments (Saving Provision) Regulations 2023

SI 2023/1391 – The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

SI 2023/1386 – The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023

SI 2023/1385 – The Counter-Terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023

SI 2023/1384 – The National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023

SI 2023/1410 – The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023

SI 2023/1409 – The Financial Services and Markets Act 2023 (Benchmarks and Capital Requirements) (Amendment) Regulations 2023

SI 2023/1404 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023

SI 2023/1396 – The Local Audit and Accountability Act 2014 (Commencement No. 7, Transitional Provisions and Savings) (Amendment) Order 2023


BAILII: Recent decisions

Posted December 19th, 2023 in law reports by tracey

High Court (Commercial Court)

AMS Ameropa Marketing Sales AG & Anor v Ocean Unity Navigation Inc [2023] EWHC 3264 (Comm) (19 December 2023)

Tyson International Company Ltd v Partner Reinsurance Europe SE (Rev1) [2023] EWHC 3243 (Comm) (15 December 2023)

King Crude Carriers SA & Ors v Ridgebury November LLC & Ors (Re An Arbitration Claim) [2023] EWHC 3220 (Comm) (15 December 2023)

Trafigura PTE Ltd & Anor v Gupta & Ors [2023] EWHC 3184 (Comm) (15 December 2023)

Boonyaem v Pesons Unknown Category A & Ors [2023] EWHC 3180 (Comm) (14 December 2023)

Doliaa SAS & Anor v Mediterranean Shipping Company SA [2023] EWHC 3165 (Comm) (13 December 2023)

High Court (Family Division)

EC v BM [2023] EWHC 3237 (Fam) (15 December 2023)

MB v KB & Ors [2023] EWHC 3177 (Fam) (13 December 2023)

KH v MB [2023] EWHC 3194 (Fam) (13 December 2023)

D v E [2023] EWHC 3171 (Fam) (11 December 2023)

High Court (King’s Bench Division)

AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB) (15 December 2023)

All England Lawn Tennis Club (Championships) Ltd & Anor v Broker 4 U Ltd & Anor [2023] EWHC 3226 (KB) (15 December 2023)

JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus [2023] EWHC 3221 (KB) (15 December 2023)

Oluponle v The Home Office (Rev1) [2023] EWHC 3188 (KB) (13 December 2023)

Johnstone v Fawcett’s Garage (Newbury) Ltd [2023] EWHC 3010 (KB) (13 December 2023)

CAX v PQR [2023] EWHC 3198 (KB) (13 December 2023)

High Court (Technology and Construction Court)

Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd [2023] EWHC 3219 (TCC) (15 December 2023)


Deficient enquiries and accommodation pending review – Nearly Legal

Posted December 19th, 2023 in homelessness, housing, judicial review, local government, news by tracey

‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’

Full Story

Nearly Legal, 17th December 2023


Sammy Talalay: The Lord Chancellor, the independence of the judiciary and the rule of law – UK Constitutional Law Association

‘At the beginning of the year, this blog covered the report from the House of Lords Constitution Committee into the Lord Chancellor and the Law Officers, with Conor Casey’s post focusing in particular on the latter. This post aims to ensure that 2023 is bookended by consideration of the issues addressed in the committee’s report – and in the subsequent Lords debate on that report in July – by providing a closer look at the role of the Lord Chancellor.’

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UK Constitutional Law Association, 19th December 2023


Defra’s generic plan for river clean up unlawful – local focus on water bodies needed – UK Human Rights Blog

Posted December 19th, 2023 in environmental protection, fisheries, news, pollution, regulations, water by tracey

‘This interesting case concerns a problem endemic to the manner of regulating water bodies under the Water Framework Directive and the regulations passed under it.’

Full Story

UK Human Rights Blog, 15th December 2023


A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 19th, 2023 in injunctions, local government, news, travellers by tracey

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world” [143(i)]. Local authorities sought to use such injunctions, due to the inefficacy of obtaining an injunction against named Gypsies or Travellers who, by the time proceedings have commenced, have left, and been replaced by another group, against whom the injunction has no effect.’

Full Story

UK Human Rights Blog, 19th December 2023


New Act –

Posted December 19th, 2023 in legislation, national insurance by tracey

2023 c. 57 – National Insurance Contributions (Reduction in Rates) Act 2023


Recent Statutory Instruments –

Posted December 19th, 2023 in legislation by tracey

SI 2023/1370 – The Aviation (Consumers) (Amendment) Regulations 2023

SI 2023/1369 – The Public Service Obligations in Transport Regulations 2023

SI 2023/1360 – The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2023

SI 2023/1359 – The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2023

SI 2023/1352 – The Social Security Additional Payments (Third Qualifying Day) Regulations 2023

SI 2023/1392 – The Designation of Schools Having a Religious Character (England) (No. 2) (Amendment) Order 2023

SI 2023/1388 – The Consular Fees (Amendment) Order 2023

SI 2023/1387 – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023

SI 2023/1382 – The Financial Services and Markets Act 2023 (Commencement No. 4 and Transitional and Saving Provisions) (Amendment) Regulations 2023

SI 2023/1378 – The Chief Regulator of Qualifications and Examinations Order 2023

SI 2023/1375 – The Visiting Forces (Designation) Order (No. 2) 2023

SI 2023/1374 – The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2023

SI 2023/1373 – The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023

SI 2023/1372 – The Asylum Support (Amendment) Regulations 2023

SI 2023/1371 – The Money Laundering and Terrorist Financing (Amendment) Regulations 2023

SI 2023/1361 – The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2023

SI 2023/1357 – The Non-Domestic Rating (Improvement Relief) (England) Regulations 2023

SI 2023/1356 – The Court Funds (Amendment No. 2) Rules 2023

SI 2023/1399 – The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023

SI 2023/1394 – The Vehicle Emissions Trading Schemes Order 2023

SI 2023/1389 – The Local Government Finance Act 1988 (Calculation of Small Business Non-Domestic Rating Multiplier) (England) Regulations 2023

SI 2023/1368 – The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2023

SI 2023/1362 – The Wine (Revocation and Consequential Provision) Regulations 2023


BAILII – Recent Decisions

Posted December 19th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Montres Breguet SA & Ors v Samsung Electronics Co Ltd & Anor (Rev1) [2023] EWCA Civ 1478 (15 December 2023)

Fiske, R (On the Application Of) v Test Valley Borough Council [2023] EWCA Civ 1495 (15 December 2023)

University of Exeter v Allianz Insurance PLC (Rev1) [2023] EWCA Civ 1484 (14 December 2023)

Banca Intesa Sanpaolo Spa & Anor v Comune Di Venezia [2023] EWCA Civ 1482 (13 December 2023)

Kei v Hua She Asset Management (Shanghai) Company Ltd [2023] EWCA Civ 1483 (13 December 2023)

Court of Appeal (Criminal Division)

Ames v Rex (Serious Fraud Office) [2023] EWCA Crim 1463 (15 December 2023)

Abdul, R. v [2023] EWCA Crim 1477 (15 December 2023)

Porter & Anor, R. v [2023] EWCA Crim 1485 (14 December 2023)

High Court (Administrative Court)

General Medical Council v Rezk [2023] EWHC 3228 (Admin) (18 December 2023)

Ingold & Ors, R (On the Application Of) v Secretary of State for Work and Pensions [2023] EWHC 3207 (Admin) (15 December 2023)

Lidl Great Britain Ltd, R (On the Application Of) v East Lindsey District Council [2023] EWHC 3210 (Admin) (15 December 2023)

Tossici-Bolt & Anor v Bournemouth, Christchurch and Poole Council [2023] EWHC 3229 (Admin) (15 December 2023)

Tossici-Bolt & Anor v Bournemouth, Christchurch and Poole Council (Amendment Judgment) [2023] EWHC 3230 (Admin) (15 December 2023)

Commissioner of Police of the Metropolis v Malik [2023] EWHC 3213 (Admin) (14 December 2023)

Derbyshire Health Care NHS Trust v Secretary of State for Health and Social Care [2023] EWHC 3182 (Admin) (14 December 2023)

AA, R (On the Application Of) v Sodexo Ltd & Anor [2023] EWHC 3215 (Admin) (14 December 2023)

Aga v General Dental Council [2023] EWHC 3208 (Admin) (13 December 2023)

Orsos v Gabor, Penitentiary Judge at the Pecs Regional Court, Hungary [2023] EWHC 3089 (Admin) (12 December 2023)

Court (Chancery Division)

Complete Care Services (Rossendale) Ltd v Godwin & Anor (Re Partnership – Expulsion of claimant from domiciliary crisis care business – Whether expulsion valid – Whether one of two partners can rely upon existing grounds for expulsion that were unknown at the time of the expulsion notice and only discovered subsequently – Relevance of mutual duties of good faith) [2023] EWHC 3139 (Ch) (15 December 2023)

The Duke of Sussex & Ors v MGN Ltd [2023] EWHC 3217 (Ch) (15 December 2023)

Morton v Morton & Anor (Re Costs) [2023] EWHC 3223 (Ch) (15 December 2023)

Oatly AB v Dairy UK Ltd [2023] EWHC 3204 (Ch) (14 December 2023)

Guy & Ors v Brake & Ors (Re Moratorium Cancellation Costs) [2023] EWHC 3179 (Ch) (14 December 2023)

Worsley v Gould & Ors [2023] EWHC 3181 (Ch) (14 December 2023)

Mercy Global Consult Ltd v Adegbuyi-Jackson & Ors [2023] EWHC 3203 (Ch) (13 December 2023)

Bouchier & Anor v Booth & Anor [2023] EWHC 3195 (Ch) (13 December 2023)

Bin Obaid & Ors v RLS Solicitors Limited (t/a RLS Law) [2023] EWHC 3136 (Ch) (11 December 2023)


Easier access to historic wills under new government plans – Ministry of Justice

Posted December 19th, 2023 in archives, consultations, Ministry of Justice, news, wills by tracey

‘The ambitious digitisation programme could see millions of wills dating back more than 150 years moved online and more easily accessible to the public in a bid to improve the current storage system.’

Full Story

Ministry of Justice, 15th December 2023


Anti-bullying training “should be compulsory for barristers” – Legal Futures

Posted December 19th, 2023 in barristers, bullying, continuing professional development, harassment, news by tracey

‘Training to prevent bullying and harassment should be compulsory for barristers, the leader of gender equality group Behind the Gown has said.’

Full Story

Legal Futures, 19th December 2023


Review of law on kinship – Law Commission

Posted December 19th, 2023 in carers, families, Law Commission, news by tracey

‘If a child can’t live with their parents, they should ideally live with someone they already know and trust. This is called kinship care. The Law Commission will be carrying out a review into the legal framework for kinship carers. The project has been referred to us by the Department for Education who are seeking to ensure the legislative framework is fair, modern, and best meets the needs of some of the most vulnerable members of society.’

Full Story

Law Commission, 15th December 2023


Fraudster forced to pay back £1 million to victims – Crown Prosecution Service

Posted December 19th, 2023 in confiscation, Crown Prosecution Service, fraud, news, proceeds of crime, victims by tracey

‘More than 200 people who were conned into buying useless investments have received payouts from the money recovered from the fraudster.’

Full Story

Crown Prosecution Service, 18th December 2023


Hitler partly to blame for 2021 blast damage, Court of Appeal confirms – Law Society’s Gazette

Posted December 19th, 2023 in explosives, insurance, news, war by tracey

‘A judge was correct to find that damage caused by the detonation of a 79-year-old German bomb was the fault of the Luftwaffe and not a 2021 bomb disposal squad, the Court of Appeal has ruled. In University of Exeter v Allianz Insurance plc, three judges led by Lord Justice Coulson dismissed an appeal by the University of Exeter against a High Court ruling earlier this year over a denied insurance claim for damage caused.’

Full Story

Law Society's Gazette, 18th December 2023


Doctor who sexually harassed nurses to stay in work – BBC News

‘A hospital doctor who admitted sexually harassing two nurses should not be suspended, a High Court judge has ruled.’

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BBC News, 18th December 2023


Wiltshire man who abused girl, 7, jailed for life – BBC News

‘A man has been jailed for life for his “horrific crimes” in sexually abusing a seven-year-old girl.’

Full Story

BBC News, 18th December 2023


UK court removes daughter from care of mother who disputed use of expert – The Guardian

Posted December 19th, 2023 in child arrangements orders, contact orders, expert witnesses, guardianship, news by tracey

‘A family court judge has accepted the recommendation of an unregulated expert and ruled that a child should be removed from her mother’s care after finding the mother made an “entirely false allegation” about the child’s father.’

Full Story

The Guardian, 16th December 2023


‘Respected’ doctor caught selling drugs using dark web under Star Wars pseudonym – The Independent

Posted December 19th, 2023 in drug offences, extradition, guilty pleas, internet, news, sentencing by tracey

‘A doctor who bought illegal drugs to sell to customers on the dark web using the Star Wars pseudonym “Imperial Storm Trooper” has been jailed for five years.’

Full Story

The Independent, 17th December 2023


Boy kept in solitary confinement wins £31,500 payout – The Guardian

Posted December 19th, 2023 in compensation, detention, human rights, mental health, news, young offenders by tracey

‘The UK government has agreed to pay £31,500 compensation after accepting that a 15-year-old boy with serious mental health problems was subjected to “inhuman or degrading treatment” by being kept in solitary confinement for almost two months.’

Full Story

The Guardian, 18th December 2023


Teachers in England won’t have to inform parents if pupils ask about gender – The Independent

Posted December 19th, 2023 in equality, news, notification, school children, teachers, transgender persons by tracey

‘Teachers in England will not be made to inform parents if pupils come to them with questions about gender identity under new government guidance due to be published this week.’

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The Independent, 18th December 2023