Recent Statutory Instruments – legislation.gov.uk

Posted April 2nd, 2019 in legislation by sally

The Financial Services and Markets (Insolvency) (Amendment of Miscellaneous Enactments) Regulations 2019

The Stamp Duty (Method of Denoting Duty) Regulations 2019

The Architects Act 1997 (Amendment) (EU Exit) Regulations 2019

The Forestry and Land Management (Scotland) Act 2018 (Consequential Provisions and Modifications) Order 2019

The Employment Rights (Miscellaneous Amendments) Regulations 2019

EU Withdrawal Act 2018 statutory instruments can be found here https://www.gov.uk/eu-withdrawal-act-2018-statutory-instruments

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 2nd, 2019 in law reports by sally

High Court (Administrative Court)

Solicitors Regulation Authority v Good [2019] EWHC 817 (Admin) (02 April 2019)

Brown v Director of Public Prosecutions [2019] EWHC 798 (Admin) (02 April 2019)

High Court (Commercial Court)

Mohamed v Breish & Ors [2019] EWHC 786 (Comm) (01 April 2019)

High Court (Queen’s Bench Division)

BES Commercial Electricity Ltd & Ors v Cheshire West And Chester Borough Council [2019] EWHC 748 (QB) (02 April 2019)

Source: www.bailii.org

New edition of BSB Handbook introduces new Bar qualification rules – Bar Standards Board

‘The Bar Standards Board (BSB) has today published a new edition of its Handbook which sees new Bar qualification rules come into force.’

Full press release

Bar Standards Board, 1st April 2019

Source: www.barstandardsboard.org.uk

The Inheritance Act and Adult Child Claimants – recent guidance from the Chancery Division – Family Law Week

‘Gwyn Evans, barrister of Tanfield Chambers, explains the court’s judgment in a recent Inheritance Act case involving an estranged adult claimant, reliant on state benefits, and defendants for whom inheritance was a windfall.’

Full Story

Family Law Week, 29th March 2019

Source: www.familylawweek.co.uk

Judge to rule whether man’s wife has mental capacity to consent to sex – Daily Telegraph

‘A judge is set to rule whether a man can continue to sleep with his wife of more than 20 years amid concerns over her mental capacity.’

Full Story

Daily Telegraph, 1st April 2019

Source: www.telegraph.co.uk

G4S stripped of contract to run Birmingham prison – The Guardian

Posted April 2nd, 2019 in contracting out, Ministry of Justice, news, prisons by sally

‘G4S is to be permanently stripped of its contract to run Birmingham prison after the government was forced to take control of the failing jail.’

Full Story

The Guardian, 1st April 2019

Source: www.theguardian.com

St Austell boy, 9, made to do ‘boot camp exercises’ – BBC News

Posted April 2nd, 2019 in child cruelty, children, news, sentencing, suspended sentences by sally

‘A nine-year-old boy was taken from his bed and forced to perform boot camp-style exercises by his parents and step parents for three hours.

His mother and stepfather admitted child cruelty and were given suspended jail terms. His father and stepmother were cautioned by the police.’

Full Story

BBC News, 1st April 2019

Source: www.bbc.co.uk

City watchdog told to review London Capital & Finance collapse – The Guardian

‘Government orders FCA inquiry into £236m scandal surrounding investment firm.’

Full Story

The Guardian, 1st April 2019

Source: www.theguardian.com

‘Frail’ pensioner who beat wheelchair-bound husband to death with a pole cleared of murder – Daily Telegraph

‘A “frail” pensioner who beat her wheelchair-bound husband to death with a wooden pole after suffering decades of “hell” and abuse has been cleared of his murder.’

Full Story

Daily Telegraph, 1st April 2019

Source: www.telegraph.co.uk

Stanhope Castle school abuse claims ‘groundless’, said 1979 report – BBC News

‘Allegations of abuse at a scandal-hit school were dismissed as “groundless”, a report leaked to the BBC has shown.’

Full Story

BBC News, 2nd April 2019

Source: www.bbc.co.uk

Police officer who shot unarmed black youth worker was ‘following procedure’, watchdog finds – The Independent

Posted April 2nd, 2019 in codes of practice, news, ombudsmen, police, racism, weapons by sally

‘A police officer who shot an unarmed black man on his way to the shops was “following procedure”, a watchdog has found.’

Full Story

The Independent, 1st April 2019

Source: www.independent.co.uk

Fraud victims let down by ‘inconsistent policing’ – BBC News

Posted April 2nd, 2019 in fraud, news, ombudsmen, police, standards, statistics, victims by sally

‘Some police forces are actively seeking reasons to drop investigations into fraud, a watchdog’s report has warned. Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services said an “inconsistent” approach to policing fraud in England and Wales left the public at high risk of scams.’

Full Story

BBC News, 2nd April 2019

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 1st, 2019 in legislation by sally

The Financial Guidance and Claims Act 2018 (Commencement No. 6) Regulations 2019

The Non-Domestic Rating (Rates Retention and Levy and Safety Net) (Amendment) and (Levy Account: Basis of Distribution) Regulations 2019

The Financial Guidance and Claims Act 2018 (Commencement No. 6) Regulations 2019

The Bankruptcy (Financial Services and Markets Act 2000) Rules 2001 and the Insurers (Winding Up) Rules 2001 (Amendment) Rules 2019

The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019

The Agency Workers (Amendment) Regulations 2019

The Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2019

The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted April 1st, 2019 in law reports by sally

Court of Appeal (Civil Division)

Mears Ltd v Costplan Services (South East) Ltd & Ors [2019] EWCA Civ 502 (29 March 2019)

High Court (Administrative Court)

Good Law Project Ltd, R (On the Application Of) v Secretary of State for Health And Social Care [2019] EWHC 800 (Admin) (29 March 2019)

High Court (Chancery Division)

Kuznetsov v London Borough of Camden [2019] EWHC 805 (Ch) (01 April 2019)

Winterbrook Global Opportunities Fund v NB Finance Ltd & Ors [2019] EWHC 737 (Ch) (01 April 2019)

Schofield v Jones [2019] EWHC 803 (Ch) (01 April 2019)

Long v Rodman & Ors [2019] EWHC 753 (Ch) (29 March 2019)

Trump International Ltd v DTTM Operations LLC [2019] EWHC 769 (Ch) (29 March 2019)

High Court (Commercial Court)

Levack & Anor v Philip Ross & Co (a firm) & Anor [2019] EWHC 762 (Comm) (29 March 2019)

High Court (Family Division)

PR v JES & Anor (Appeal: Sexual Abuse, Fact Finding) [2019] EWHC 791 (Fam) (29 March 2019)

High Court (Patents Court)

Ablynx NV & Anor v Vhsquared Ltd & Ors [2019] EWHC 792 (Pat) (29 March 2019)

High Court (Queen’s Bench Division)

Ollosson v Lee [2019] EWHC 784 (QB) (29 March 2019)

Source: www.bailii.org

EU law does not compel UK to participate in European Parliament elections – Brexit Law

Posted April 1st, 2019 in brexit, EC law, elections, news by sally

‘Lord Anderson of Ipswich KBE QC, Marie Demetriou QC and Emma Mockford of Brick Court Chambers have today published an Opinion, along with two other QCs and Professor Piet Eeckhout, Dean of the Law Faculty at UCL, grappling with the controversial issue of whether the UK need hold European Parliamentary elections in the event that there is any further extension of Article 50 beyond April 2019.’

Full Story

Brexit Law, 28th March 2019

Source: brexit.law

Financial ombudsman clarifies Equality Act powers – OUT-LAW.com

Posted April 1st, 2019 in equality, financial regulation, news, ombudsmen by sally

‘The head of the UK’s Financial Ombudsman Service (FOS) has confirmed that the body has the power to require financial services firms to make reasonable adjustments for consumers with disabilities or to stop discriminating against people with other ‘protected characteristics’ where it considers they have not been treated fairly, and has already done so on occasion.’

Full Story

OUT-LAW.com, 29th March 2019

Source: www.out-law.com

Dorset man found guilty of illegally selling clams to high-end restaurant suppliers – The Guardian

Posted April 1st, 2019 in fisheries, food, health & safety, news, sentencing, suspended sentences by sally

‘A shellfish gatherer from Dorset has narrowly escaped being jailed after being caught illegally selling clams to wholesalers who supply high-end restaurants.’

Full Story

The Guardian, 31st March 2019

Source: www.theguardian.com

Government to implement Jackson’s fixed costs blueprint – Litigation Futures

Posted April 1st, 2019 in costs, news by sally

‘The Ministry of Justice (MoJ) today laid out its intention to implement Sir Rupert Jackson’s blueprint for fixed recoverable costs (FRC) across the fast-track and in most money cases worth up to £100,000.’

Full Story

Litigation Futures, 28th March 2019

Source: www.litigationfutures.com

Solicitors must think about “impression created” by NDAs – Legal Futures

‘Solicitors must think beyond the drafting of non-disclosure agreements (NDAs) and confidentiality agreements to the “impression created” by them, a panel of experts has warned.’

Full Story

Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

Knife crime: More stop and search powers for police – BBC News

Posted April 1st, 2019 in news, offensive weapons, police, stop and search by sally

‘Police in England and Wales are being given greater stop and search powers to tackle rising knife crime.’

Full Story

BBC News, 31st March 2019

Source: www.bbc.co.uk