Recent Statutory Instruments –

Posted January 22nd, 2024 in legislation by tracey

SI 2024/52 – The Sovereign Grant Act 2011 (Change of Percentage) Order 2024

SI 2024/41 – The Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2024

SI 2024/40 – The Building Safety Act 2022 (Commencement No. 6) Regulations 2024


BAILII: Recent Decisions

Posted January 22nd, 2024 in law reports by tracey

Court of Appeal (Civil Division) Decisions

Commissioners for His Majesty’s Revenue and Customs v Arrbab [2024] EWCA Civ 16 (19 January 2024)

Secretary of State for the Home Department v AA (Poland) [2024] EWCA Civ 18 (19 January 2024)

Commission Recovery Ltd v Marks & Clerk LLP & Anor [2024] EWCA Civ 9 (18 January 2024)

Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15 (18 January 2024)

Mackenzie v Cheung & Anor [2024] EWCA Civ 13 (17 January 2024)

Substation Action Save East Suffolk Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero & Ors [2024] EWCA Civ 12 (17 January 2024)

High Court (Administrative Court)

LJ Fairburn & Son Ltd & Ors, R (On the Application Of) v Secretary of State for Environment Food and Rural Affairs [2024] EWHC 65 (Admin) (19 January 2024)

Supporting Care Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 68 (Admin) (19 January 2024)

Dragoi, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 60 (Admin) (18 January 2024)

Castellucci, R (On the Application Of) v Gender Recognition Panel [2024] EWHC 54 (Admin) (17 January 2024)

High Court (Chancery Division)

Clarke & Anor v Lakha & Ors (Re Bramber Road Management Ltd and Companies Act 2006) [2024] EWHC 51 (Ch) (18 January 2024)

Akbar v Ghaffar & Anor [2024] EWHC 50 (Ch) (17 January 2024)

Nilsson & Anor v Iqbal & Anor [2024] EWHC 49 (Ch) (17 January 2024)

High Court (Commercial Court)

Border Timbers Ltd & Anor v Republic of Zimbabwe [2024] EWHC 58 (Comm) (19 January 2024)

High Court (Family Division)

T, Re (A Child)(S9(6) Children Act 1989 Orders: Exceptional Circumstances: Parental Alienation) [2024] EWHC 59 (Fam) (17 January 2024)

NR, Re (A Child: Withholding CPR) [2024] EWHC 61 (Fam) (17 January 2024)

XZR, Re (Abduction: Hague Convention (Lithuania)) [2024] EWHC 64 (Fam) (17 January 2024)

B v N (No. 2) (Art 7 and Transfer of Jurisdiction) [2024] EWHC 17 (Fam) (16 January 2024)

High Court (King’s Bench Division)

Hart v Secretary of State for Education & Anor [2024] EWHC 44 (KB) (19 January 2024)

Clark & Ors v Adams & Anor [2024] EWHC 62 (KB) (19 January 2024)

Mir v Hussain & Ors [2024] EWHC 56 (KB) (17 January 2024)


The HMO that wasn’t – Rent Repayment Order appeal – Nearly Legal

Posted January 22nd, 2024 in appeals, houses in multiple occupation, housing, landlord & tenant, news, rent by tracey

‘Barker v Shokar (HOUSING – RENT REPAYMENT ORDER – criteria for identifying a ‘self-contained flat’ – whether building was a house in multiple occupation – adequacy of reasons) (2024) UKUT 17 (LC). This was a landlord’s appeal of a rent repayment order made by the FTT in the sum of £3750. The appeal was on the grounds that the property did not require a licence, and that the FTT did not give sufficient reasons for its calculation of the number of occupants occupying the building as their only or main residence.’

Full Story

Nearly Legal, 21st January 2024


Ruling confirms conditions for planning permission severability –

Posted January 22nd, 2024 in local government, news, planning by tracey

‘A new ruling has confirmed that developers have limited scope to obtain retrospective changes to planning permission they have been granted to specify explicitly that the permission is “severable”, according to a planning law expert.’

Full Story, 18th January 2024


UK government AI report confirms decision on protection of copyright works –

‘The UK government’s response to the House of Lords Culture, Media and Sport Committee’s report on AI and the creative industries confirms its position on striking a balance between encouraging AI innovation and protecting copyright works, an expert has said.’

Full Story, 19th January 2024


Robert Craig: The constitutional implications of legislating to exonerate the Post Office sub-postmasters – UK Constitutional Law Association

‘Some commentators have claimed that the decision to expedite the process of formally exonerating the sub-postmasters potentially runs afoul of certain core constitutional principles, in particular the separation of powers. It has also been claimed that the “crown does not have a prerogative of justice but only a prerogative of mercy”. This blog considers and challenges those claims.’

Full Story

UK Constitutional Law Association, 16th January 2024


Long-term sustainability of civil legal aid in doubt, MoJ research finds – Legal Futures

Posted January 22nd, 2024 in civil justice, legal aid, legal profession, Ministry of Justice, news, statistics by tracey

‘There is “notable cause for concern” over the long-term sustainability of the civil legal aid sector, research commissioned by the Ministry of Justice has concluded.’

Full Story

Legal Futures, 22nd January 2024


HMRC has not charged a single company over tax evasion under landmark legislation – The Guardian

Posted January 22nd, 2024 in corporation tax, enforcement, HM Revenue & Customs, news, tax evasion, taxation by tracey

‘HMRC has not charged a single company under landmark legislation passed six years ago to crack down on corporate tax evasion.’

Full Story

The Guardian, 20th January 2024


Pair killed man then went shopping with his money – BBC News

Posted January 22nd, 2024 in fraud, imprisonment, murder, news, sentencing by tracey

‘A man and woman from Bradford have been jailed for life for murdering a vulnerable grandfather in his own home.’

Full Story

BBC News, 22nd January 2024


BBC review: Ofcom to gain more powers over BBC News website – BBC News

Posted January 22nd, 2024 in BBC, enforcement, government departments, internet, news, ombudsmen by tracey

‘Ofcom is to gain more powers over BBC online services, including the BBC News website, as part of a series of changes unveiled by the government.’

Full Story

BBC News, 22nd January 2024


Online sex blackmailer who forced victim to abuse a seven-year-old jailed for 24 years – The Independent

‘An online sex blackmailer who subjected dozens of victims to “mental torture” – forcing them to film degrading sexual acts including the abuse of a seven-year-old girl – has been jailed for 24 years.’

Full Story

The Independent, 20th January 2024


Modern slavery in social care surging since visa rules eased – The Guardian

‘Modern slavery is surging in social care since ministers relaxed immigration rules to fill thousands of vacancies, with a growing wave of exploitation leading to workers being ripped off or living in squalor.’

Full Story

The Guardian, 21st January 2024


Sexual assault victims charged tens of thousands of pounds for court documents – The Independent

‘Domestic abuse and sexual violence victims are being charged up to tens of thousands of pounds to access court scripts after being wrongly advised not to attend court, The Independent has learned.’

Full Story

The Independent, 21st January 2024


Judge defines Monster Munch in bizarre ruling on Walkers’ poppadoms – The Independent

Posted January 22nd, 2024 in appeals, food, news, taxation, VAT by tracey

‘A judge has ruled that Walkers’ poppadoms are crisps rather than the popular Indian food, as the company lost at a tax tribunal.’

Full Story

The Independent, 21st January 2024


UK medics told not to report illegal abortions to police – The Guardian

‘Medical staff in the UK should not report women to the police if they believe their patients may have illegally ended their own pregnancy, a professional body has said. The Royal College of Obstetricians and Gynaecologists (RCOG) has said it is never in the public interest to report women who have abortions to law enforcement agencies, according to the BBC.’

Full Story

The Guardian, 22nd January 2024