Court of Appeal allows appeal concerning amenability to judicial review of decision by adjudicator – 39 Essex Chambers

Posted December 5th, 2024 in chambers articles, contracts, dispute resolution, health, judicial review, ministers' powers and duties, news by sally

’39 Essex Chambers barristers Vikram Sachdeva KC and Jake Thorold have successfully represented the appellant in a Court of Appeal case concerning the amenability to judicial review of a decision of an adjudicator appointed by the Secretary of State determining a dispute arising out of a contract governing the provision of primary care services.’

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39 Essex Chambers, 3rd December 2024

Source: www.39essex.com

Trends in disrepair and complex housing claims – Local Government Lawyer

Posted December 5th, 2024 in equality, housing, human rights, landlord & tenant, news, repairs by sally

‘Following recent changes in the law and guidance, as well as recent media coverage of housing issues, there is a significant rise in housing disrepair claims. Mandy Williams and Nichola Johnston anticipate this trend will continue together with an increase in claims’ complexity.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Are anonymity orders involving protected parties in peril? – 7BR

Posted December 5th, 2024 in anonymity, children, elderly, mental health, news, reporting restrictions by sally

‘The very detailed judgment citing the extensive caselaw in this area in the case of PMC (a child by his mother and litigation friend FLR) v A Local Health Board on 22nd November 2024 [2024] EWHC 2969 (KB) could have very important implications for what solicitors should do when issuing proceedings and particularly those proceedings involving protected parties.’

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7BR, 29th November 2024

Source: www.7br.co.uk

No wasted costs after fundamental dishonesty: Williams-Henry v Associated British Ports [2024] EWHC 2415 (KB) – 12 King’s Bench Walk

Posted December 4th, 2024 in chambers articles, fundamental dishonesty, news, wasted costs orders by sally

‘In this blog Megan Griffiths reviews the Defendant’s failed application for wasted costs after securing a finding of fundamental dishonesty in Williams-Henry [2024] EWHC 2415.’

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12 King’s Bench Walk , 26th November 2024

Source: 12kbw.co.uk

Changes to Procedures and Time Limits in Crown Court Asset Forfeiture Appeals – 5SAH

Posted December 4th, 2024 in amendments, appeals, Crown Court, forfeiture, news, proceeds of crime, regulations, time limits by sally

‘The Crown Court (Amendment No. 2) Rules 2024/1131 came into effect on 2 December 2024. They amend the Crown Court Rules 1982 (“the Rules”) which provide procedures for appeals against magistrates’ court orders for the seizure and forfeiture property under the Proceeds of Crime Act 2002 (“POCA”). These amendments concern appeals against orders for all asset forfeiture proceedings in the magistrates’ court, including those made under the Anti-Terrorism Crime and Security Act 2001 (“ATCSA”), and POCA.’

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5SAH, 3rd December 2024

Source: www.5sah.co.uk

Sergeant who punched detainee in head keeps his job – BBC News

Posted December 4th, 2024 in assault, disciplinary procedures, news, police, standards by sally

‘A former sergeant who used “excessive force” and punched a man in the head multiple times in a cell has been allowed to continue policing.’

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BBC News, 4th December 2024

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 4th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Shashikanth, R (On the Application Of) v NHS Litigation Authority & Anor [2024] EWCA Civ 1477 (03 December 2024)

ZX (Capacity to Engage in Sexual Relations) [2024] EWCA Civ 1462 (03 December 2024)

High Court (Commercial Court)

Manta Penyez Shipping Inc & Anor v Zuhoor Alsaeed Foodstuff Company [2024] EWHC 3109 (Comm) (03 December 2024)

Source: www.bailii.org

UK Supreme Court to hear another important AI patent case – OUT-LAW.com

Posted December 4th, 2024 in artificial intelligence, news, patents, Supreme Court by sally

‘Commercially important questions concerning the degree to which software, including artificial intelligence (AI) systems, can be patented, are to be considered by the UK’s highest court in what will be the second important AI patent case to come before it.’

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OUTLAW.com, 3rd December 2024

Source: www.pinsentmasons.com

Failure to prevent fraud offence to impact on construction sector – OUT-LAW.com

Posted December 4th, 2024 in company law, construction industry, crime prevention, fraud, news by sally

‘Businesses operating in the UK construction sector must prepare for the new failure to prevent fraud offence by ensuring robust compliance procedures are in place.’

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OUT-LAW.com, 3rd December 2024

Source: www.pinsentmasons.com

Evidencing Article 3 Systems Duty Breaches – UK HUman Rights Blog

Posted December 4th, 2024 in human rights, immigration, news by sally

‘In SAG & Ors v Secretary of State for the Home Department [2024] EWHC 2984 (Admin), the High Court considered challenges to the Secretary of State’s determination of applications to remove no recourse to public funds (“NRPF”) conditions placed on the Claimants’ leave to remain.’

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UK Human Rights Blog, 4th December 2024

Source: ukhumanrightsblog.com

Positive requirements in ASB injunctions – Local Government Lawyer

Posted December 4th, 2024 in anti-social behaviour, appeals, injunctions, local government, news by sally

‘Daryl Bigwood looks at the lessons from a successful appeal over a judge’s refusal to include a positive requirement in an ASB injunction.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

Unpublished guidance and housing allocation schemes – Local Government Lawyer

Posted December 4th, 2024 in children, families, housing, judicial review, local government, news by sally

‘A recent bid for judicial review concerned the inconsistency between a council’s unpublished guidance and its housing allocations scheme. Jeremy Ogilvie-Harris analyses the outcome.’

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Local Government Lawyer, 4th December 2024

Source: www.localgovernmentlawyer.co.uk

AI “could amplify gender biases in legal profession” – Legal Futures

Posted December 4th, 2024 in artificial intelligence, bias, equality, gender, law firms, legal profession, news, sex discrimination, solicitors, women by sally

‘Increased use of artificial intelligence (AI) could “perpetuate or even amplify existing gender biases in the legal profession”, new research has warned.’

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Legal Futures, 4th December 2024

Source: www.legalfutures.co.uk

Pioneering collective action settles subject to tribunal approval – Legal Futures

Posted December 4th, 2024 in appeals, banking, class actions, compensation, consumer protection, news by sally

‘The groundbreaking collective action brought against Mastercard has settled, subject to approval by the Competition Appeal Tribunal (CAT), it was announced yesterday.’

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Legal Futures, 4th November 2024

Source: www.legalfutures.co.uk

Research Briefing: A short introduction to equality law and policy – House of Commons Library

Posted December 4th, 2024 in equality, human rights, news, parliament by sally

‘This briefing provides an overview of equality law, summarising the main concepts and the role of the Equality and Human Rights Commission.’

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House of Commons Library, 2nd December 2024

Source: commonslibrary.parliament.uk

Incentivise defence solicitors for early guilty pleas, DPP tells MPs – Law Society’s Gazette

Posted December 4th, 2024 in Crown Court, delay, guilty pleas, news, solicitors by sally

‘Letting the prosecution proactively approach the defence and incentivising lawyers for early guilty pleas could make a significant dent in the Crown court backlog, the head of the Crown Prosecution Service has told MPs.’

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Law Society's Gazette, 4th December 2024

Source: www.lawgazette.co.uk

Legal fight against homes between protected commons – BBC News

Posted December 4th, 2024 in commons, environmental protection, housing, local government, news, planning by sally

‘A group of people have launched a legal challenge against plans to build homes on land between two protected commons.’

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BBC News, 4th December 2024

Source: www.bbc.co.uk

Bitcoin miner sues over £600m ‘lost in tip’ – BBC News

Posted December 4th, 2024 in compensation, cryptocurrencies, local government, news, waste by sally

‘A man trying to recover a Bitcoin hard drive in a landfill site which he says is now worth about £600m is “seeking to bribe the council”, it has been claimed in court. Newport council has asked a High Court judge to strike out a claim by James Howells, who is attempting to sue the local authority to gain access to the site or get £495m in compensation.’

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BBC News, 3rd December 2024

Source: www.bbc.co.uk

Gang jailed over £200m of cocaine in banana boxes – BBC News

Posted December 4th, 2024 in drug offences, drug trafficking, firearms, gangs, imprisonment, national crime agency, news, sentencing by sally

‘A gang has been jailed after trying to smuggle cocaine with a street value of about £200m in a cargo of bananas from Colombia.’

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BBC News, 3rd December 2024

Source: www.bbc.co.uk

All the new driving laws and costs coming to British roads in December – and what they mean for you – The Independent

Posted December 4th, 2024 in fines, news, road traffic, road traffic offences, roads by sally

‘A raft of road rules and changes are due to come into effect this December.’

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The Independent, 2nd December 2024

Source: www.independent.co.uk