Housing Ombudsman launches special investigations into three London landlords after rising maladministration rates – Local Government Lawyer

‘The Housing Ombudsman has launched special investigations into Camden Council, Hackney Council and Hyde Group after casework showed all three landlords struggle with damp and mould, repairs and complaint handling.’

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Local Government Lawyer, 12th December 2023

Source: www.localgovernmentlawyer.co.uk

MoD fined after email blunder risked Afghan interpreters’ lives – BBC News

‘The Ministry of Defence (MoD) has been fined £350,000 over an email blunder that exposed details of interpreters fleeing Afghanistan.’

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BBC News, 13th December 2023

Source: www.bbc.co.uk

Structural racism behind increased Taser use against black people, report finds – The Guardian

Posted December 13th, 2023 in equality, firearms, news, police, race discrimination, racism by sally

‘Police are far more likely to use a Taser electrical weapon against black people due to structural and institutional racism rather than the views of individual officers, a new report says.’

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The Guardian, 13th December 2023

Source: www.theguardian.com

Legal Implications of Doubling the Family Visa Income Requirement – EIN Blog

‘As many readers will be aware, part of the Home Secretary’s recently announced “five-point plan” on immigration included a significant increase to the minimum income threshold for family visas under Appendix FM of the Immigration Rules.’

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EIN Blog, 12th December 2023

Source: www.ein.org.uk

Generative AI could be useful “secondary tool”, judges told – Legal Futures

Posted December 13th, 2023 in artificial intelligence, judges, judiciary, news by sally

‘Generative AI could be a “potentially useful secondary tool” for judges to use in the course of their work, according to new guidance from the senior judiciary.’

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Legal Futures, 13th December 2023

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 13th, 2023 in legislation by tracey

SI 2023/1347 – The Insurance and Reinsurance Undertakings (Prudential Requirements) Regulations 2023

SI 2023/1346 – The Insurance and Reinsurance Undertakings (Prudential Requirements) (Risk Margin) Regulations 2023

SI 2023/1344 – The Classification, Labelling and Packaging of Substances and Mixtures (Amendment and Consequential Provision) Regulations 2023

SI 2023/1341 – The Value Added Tax (Women’s Sanitary Products: Reusable Underwear) Order 2023

SI 2023/1339 – The Customs Tariff (Miscellaneous Amendments) Regulations 2023

SI 2023/1350 – The Animals (Penalty Notices) (England) Regulations 2023

SI 2023/1340 – The Health Protection (Coronavirus, Testing Requirements and Standards) (England) (Amendment and Transitional Provision) Regulations 2023

SI 2023/1328 – The Flexible Working (Amendment) Regulations 2023

SI 2023/1353 – The Strikes (Minimum Service Levels: Border Security) Regulations 2023

SI 2023/1348 – The Health Care Services (Provider Selection Regime) Regulations 2023

SI 2023/1334 – The Local Government and Greater London Authority Elections (Amendment) Rules 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 13th, 2023 in law reports by tracey

Court of Appeal (Civil Division)

Ntzegkoutanis v Kimionis & Ors [2023] EWCA Civ 1480 (12 December 2023)

The 3Million & Anor, R (On the Application Of) v Secretary of State for the Home Department [2023] EWCA Civ 1474 (11 December 2023)

High Court (Chancery Division)

Otto & Ors v Inner Mongolia Happy Lamb Catering Management Company Ltd & Ors [2023] EWHC 3151 (Ch) (08 December 2023)

High Court (Commercial Court)

Green v CT Group Holdings Ltd [2023] EWHC 3168 (Comm) (11 December 2023)

Renaissance Securities (Cyprus) Ltd v Chlodwig Enterprises Ltd & Ors [2023] EWHC 3160 (Comm) (08 December 2023)

High Court (Family Division)

J, Re (Habitual Residence: Acquiescence) [2023] EWHC 3141 (Fam) (08 December 2023)

High Court (King’s Bench Division)

Hayes v The Liberal Democrats & Anor [2023] EWHC 3166 (KB) (11 December 2023)

Beatty v Lewisham and Greenwich NHS Trust [2023] EWHC 3163 (KB) (08 December 2023)

Source: www.bailii.org

Landlord handed £424k confiscation order after renting shed out as five flats – Local Government Lawyer

Posted December 12th, 2023 in confiscation, fines, housing, landlord & tenant, local government, news by sally

‘Brent Council has secured a £424,000 confiscation order against a landlord who rented out a large shed as five flats.’

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Local Government Lawyer, 11th December 2023

Source: www.localgovernmentlawyer.co.uk

Multi-million-pound defective design claim out of time – Mills & Reeve

Posted December 12th, 2023 in construction industry, contracts, limitations, news by sally

‘Here’s our guide to scope of duty and limitation in a wide-ranging judgment handed down by the Technology and Construction Court. The decision in Lendlease Construction (Europe) Limited v Aecom Limited [2023] EWHC 2620 (TCC) provides a helpful review of these issues in the context of construction projects.’

Full Story

Mills & Reeve, 12th December 2023

Source: www.mills-reeve.com

Children’s doctor guilty of misconduct after drinking lager on night shift – The Independent

Posted December 12th, 2023 in alcohol abuse, disciplinary procedures, doctors, news, professional conduct by sally

‘A children’s doctor who drank a can of strong lager on shift before being sent home after causing an “incident” has been found guilty of professional misconduct.’

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The Independent, 11th December 2023

Source: www.independent.co.uk

Shakira Spencer: three found guilty of murdering woman ‘treated like a slave’ – The Guardian

Posted December 12th, 2023 in forced labour, murder, news, preventing lawful & decent burial by sally

‘Three people have been found guilty of murdering a vulnerable woman who was tortured, starved and “treated like a slave” over many months, reducing her to a “gaunt and skeletal” appearance.’

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The Guardian, 11th December 2023

Source: www.theguardian.com

Stonehenge A303 tunnel opponents in second High Court bid – BBC News

Posted December 12th, 2023 in government departments, judicial review, monuments, news, road traffic, roads by sally

‘Campaigners will make a second High Court bid later to try to block a road tunnel project near Stonehenge.’

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BBC News, 12th December 2023

Source: www.bbc.co.uk

Commission to hear abuse cases in gymnastics branded ‘not fit for purpose’ – The Guardian

Posted December 12th, 2023 in child abuse, complaints, news, sport by sally

‘An independent complaints commission set up by British Gymnastics to hear abuse cases has been called “not fit for purpose” after it emerged that it had failed to ban a single coach over the past 18 months.’

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The Guardian, 11th December 2023

Source: www.theguardian.com

The profession’s ethics are in the spotlight and junior lawyers want change – Legal Futures

Posted December 12th, 2023 in legal profession, Legal Services Board, news, professional conduct, reports by sally

‘A report published earlier this month by the Legal Services Board highlighted the ethical risks faced by today’s lawyers.’

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Legal Futures, 12th December 2023

Source: www.legalfutures.co.uk

Varying a possession order from discretionary to mandatory ground – Nearly Legal

Posted December 11th, 2023 in appeals, county courts, firearms, housing, landlord & tenant, news, repossession by tracey

‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’

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Nearly Legal, 10th December 2023

Source: nearlylegal.co.uk

Managing corporate crime risk under the Economic Crime and Corporate Transparency Act 2023 – OUT-LAW.com

Posted December 11th, 2023 in company directors, company law, fraud, news by tracey

‘The UK’s Economic Crime and Corporate Transparency Act 2023 (the Act) has reformed the law of corporate criminal attribution for a wide range of economic crimes and introduced a new offence of corporate failure to prevent economic crimes.’

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OUT-LAW.com, 8th December 2023

Source: www.pinsentmasons.com

Amendments at the appeal stage – Local Government Lawyer

Posted December 11th, 2023 in agriculture, appeals, consultations, local government, news, planning by tracey

‘Wheatcroft, then Holborn, now Bramley – the Planning Court has ruled on practicalities of amendments at appeal stage. Thea Osmund-Smith and Odette Chalaby provide a digest of the decision.’

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Local Government Lawyer, 8th December 2023

Source: www.localgovernmentlawyer.co.uk

Tier 4 CAMHS, detainability under the Mental Health Act 1983 and (righteous) judicial frustration – Local Government Lawyer

Posted December 11th, 2023 in children, detention, local government, mental health, news by tracey

‘Alex Ruck Keene KC (Hon) analyses a recent High Court ruling on whether a 15-year-old should continue to be deprived of her liberty in a hospital.’

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Local Government Lawyer, 8th December 2023

Source: www.localgovernmentlawyer.co.uk

CAT “wrong” to identify ban on defendants contacting claimants directly – Legal Futures

Posted December 11th, 2023 in appeals, class actions, competition, consumer protection, news, tribunals by tracey

‘The Competition Appeal Tribunal (CAT) was wrong to identify a rule that prevents defendants communicating directly with legally represented members of an opt-out class action, the Court of Appeal has ruled.’

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Legal Futures, 11th December 2023

Source: www.legalfutures.co.uk

Chief Coroner response to the Bishop James Jones report – Hillsborough – Courts and Tribunals Judiciary

Posted December 11th, 2023 in bereavement, coroners, families, inquests, news, sport by tracey

‘His Honour Judge Thomas Teague KC, the Chief Coroner of England and Wales, has published his response to the Bishop James Jones report regarding the experiences of the Hillsborough Families. The response addresses parts of the report that relate to coroners and the recommendations that are associated with the coroner service.’

Full response

Full Story

Courts and Tribunals Judiciary, 6th December 2023

Source: www.judiciary.uk