Recent Statutory Instruments – legislation.gov.uk

Posted January 29th, 2019 in legislation by sally

The Social Security (Contributions) (Amendment) Regulations 2019

The Zoonotic Disease Eradication and Control (Amendment) (Northern Ireland) (EU Exit) Regulations 2019

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2018

The Taxation (Cross-border Trade) Act 2018 (Value Added Tax Transitional Provisions) (EU Exit) Regulations 2019

The Taxation (Cross-border Trade) Act 2018 (Appointed day No. 3) and the Value Added Tax (Postal Packets and Amendment) (EU Exit) Regulations 2018 (Appointed day) (EU Exit) Regulations 2019

The Competition (Amendment etc.) (EU Exit) Regulations 2019

The Value Added Tax and Excise Personal Reliefs (Special Visitors and Goods Permanently Imported) (Amendment) (EU Exit) Regulations 2019

The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019

The Electronic Identification and Trust Services for Electronic Transactions (Amendment etc.) (EU Exit) Regulations 2019

The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019

The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) Regulations 2019

The EU Export Credits Legislation (Revocation) (EU Exit) Regulations 2019

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2019

The Church of England Pensions Measure 2018 (Commencement and Savings) Order 2019

The Church Property Measure 2018 (Commencement) Order 2019

The Control of Mercury (Amendment) (EU Exit) Regulations 2019

The Railways (Access, Management and Licensing of Railway Undertakings) (Amendment) Regulations 2019

The Church of England (Miscellaneous Provisions) Measure 2018 (Commencement) Order 2019

The Organic Products (Amendment) (EU Exit) Regulations 2019

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 29th, 2019 in law reports by sally

Court of Appeal (Civil Division)

Seddon v Driver And Vehicle Licensing Agency [2019] EWCA Civ 14 (28 January 2019)

Huddlestone v Bassetlaw District Council [2019] EWCA Civ 21 (25 January 2019)

Shirley & Anor, R (On the Application Of) v Secretary of State for Housing, Communities and Local Government [2019] EWCA Civ 22 (25 January 2019)

Court of Appeal (Criminal Division)

PY, R v (Rev 1) [2019] EWCA Crim 17 (22 January 2019)

High Court (Chancery Division)

Yusuf v Yusuf & Anor [2019] EWHC 90 (Ch) (28 January 2019)

Omers Administration Corporation & Ors v Tesco Plc [2019] EWHC 109 (Ch) (25 January 2019)

Santander UK Plc v Abbey National Treasury Services Plc [2019] EWHC 111 (Ch) (25 January 2019)

High Court (Queen’s Bench Division)

Dymoke v Association for Dance Movement Pyschotherapy UK Ltd [2019] EWHC 94 (QB) (25 January 2019)

Olsen & Anor v Griffin & Ors [2019] EWHC 78 (QB) (25 January 2019)

Kennedy v Frankel [2019] EWHC 106 (QB) (25 January 2019)

Hernandez v Acar & Anor [2019] EWHC 72 (QB) (25 January 2019)

Mohmed v Barnes & Anor [2019] EWHC 87 (QB) (24 January 2019)

Source: www.bailii.org

Information Commissioner calls for FOIA and EIR reform to address outsourcing – Local Government Lawyer

Posted January 29th, 2019 in contracting out, environmental protection, freedom of information, news by sally

‘The Information Commissioner has called for the Freedom of Information Act 2000 (FOIA) and the Environmental Information Regulations 2004 (EIR) to be updated to include organisations providing a public function.’

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Local Government Lawyer, 28th January 2019

Source: www.localgovernmentlawyer.co.uk

Ep. 63: Whose life is it anyway? Dignity in dying – Law Pod UK

Posted January 29th, 2019 in assisted suicide, news, podcasts by sally

‘Do terminally ill patients have the right to die at the time and place of their choosing, with the attendance of a medical practitioner? The ban on assisted suicide has raised one of the great moral questions of our time. The Chief Executive of Dignity in Dying, Sarah Wootton discusses their campaign to change the law with Rosalind English.’

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Law Pod UK, 28th January 2019

Source: audioboom.com

Breast-ironing: British peer to raise issue in parliament – The Guardian

Posted January 29th, 2019 in child abuse, news, parliament by sally

‘Alex Carlile, one of the UK’s leading QCs who is a former deputy high court judge and a member of the House of Lords, told the Guardian that he hoped to trigger a wider scrutiny of the practice in the UK.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

Female nursery worker, 18, jailed for sexually abusing children – The Guardian

Posted January 29th, 2019 in child abuse, news, sentencing, sexual offences, young offenders by sally

‘A teenage childcare student has been jailed for sexually abusing two children and taking photographs of them for a man she met online.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

‘I’d do it again,’ said driver who killed four in crash, as judge asks for tougher sentencing powers – Daily Telegraph

Posted January 29th, 2019 in dangerous driving, guilty pleas, news, sentencing by sally

‘A judge has urged parliament to introduce tougher sentences for people who cause multiple deaths by dangerous driving after jailing two brothers who killed four people in a high speed chase.’

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Daily Telegraph, 28th January 2019

Source: www.telegraph.co.uk

Justice ministry knew court IT systems were ‘obsolete’, papers reveal – The Guardian

Posted January 29th, 2019 in criminal justice, electronic filing, electronic mail, Ministry of Justice, news, reports by sally

‘The Ministry of Justice knew its court computer systems were “obsolete” and “out of support” long before the network went into meltdown last week, internal documents have revealed.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

“Bullied and manipulated” young solicitor struck off – Legal Futures

Posted January 29th, 2019 in bullying, disciplinary procedures, news, solicitors, whistleblowers by sally

‘A young solicitor who was “deceived, pressured, bullied and manipulated” has been struck off by the Solicitors Disciplinary Tribunal (SDT), despite being the one to blow the whistle on misconduct in her firm.’

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Legal Futures, 29th January 2019

Source: www.legalfutures.co.uk

Commons approves proxy voting trial for new parents – BBC News

Posted January 29th, 2019 in maternity leave, news, parliament, paternity leave by sally

‘MPs have unanimously voted to implement a year-long trial of proxy voting for MPs on parental leave.’

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BBC News, 29th January 2019

Source: www.bbc.co.uk

Former prisoner sues Ministry of Justice over PTSD from rats – The Guardian

Posted January 29th, 2019 in equality, human rights, Ministry of Justice, negligence, news, post-traumatic stress disorder, prisons by sally

‘A man is suing the prison service after he developed post-traumatic stress disorder (PTSD) from rats running across his body and bed while he was locked in his cell, the Guardian has learned.’

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The Guardian, 29th January 2019

Source: www.theguardian.com

Dad Elliott Appleyard who treated daughter as ‘wife’ jailed – BBC News

Posted January 28th, 2019 in child abuse, children, families, news, rape, sentencing, sexual offences by sally

‘A father who repeatedly raped and abused his teenage daughter has been jailed for 20 years.’

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BBC News, 25th January 2019

Source: www.bbc.co.uk

Closed judgments: security, accountability and court processes – UK Human Rights Blog

Posted January 28th, 2019 in closed material, disclosure, evidence, human rights, immigration, news, practice directions by sally

‘A new practice direction reveals some valuable progress in the management of closed judgments, but leaves uncertainty and, very worryingly, indicates that some judgments will be destroyed.’

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UK Human Rights Blog, 25th January 2019

Source: ukhumanrightsblog.com

Review proposes enhancements to Modern Slavery Act reporting – OUT-LAW.com

Posted January 28th, 2019 in enforcement, forced labour, news, statutory interpretation, trafficking in human beings by sally

‘More clarity is needed over which organisations are required to comply with modern slavery reporting requirements, while the reports themselves need a consistent structure and far stronger enforcement, an independent review has recommended.’

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OUT-LAW.com, 25th January 2019

Source: www.out-law.com

Lay users “must be at heart of court process”, says think tank – Litigation Futures

Posted January 28th, 2019 in courts, legal aid, litigants in person, news by sally

‘Greater efforts need to be made to put lay court users at the centre of the legal system so they understand the process, know what to expect, and can therefore participate fully, according to an influential justice think tank.’

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Litigation Futures, 28th January 2019

Source: www.litigationfutures.com

Philip Green ends ‘gagging order’ legal action against Telegraph – The Guardian

Posted January 28th, 2019 in appeals, bullying, confidentiality, costs, disclosure, employment, freedom of expression, harassment, injunctions, media, news, non-disclosure agreements, parliamentary privilege, race discrimination, sexual offences by sally

‘Sir Philip Green and his business empire, Arcadia, have ended their legal claim against the Telegraph after the newspaper reported allegations of sexual and racial harassment against him.’

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The Guardian, 28th January 2019

Source: www.theguardian.com

Family courts next to test video hearings – Legal Futures

Posted January 28th, 2019 in consultations, family courts, judiciary, live link evidence, news, pilot schemes by sally

‘A test in the family courts will be the next step in exploring fully video hearings, against a backdrop of widespread concern about the technology among judges, it has emerged.’

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Legal Futures, 28th January 2019

Source: www.legalfutures.co.uk

No order for costs following withdrawn forfeiture application – UK Police Law Blog

Posted January 28th, 2019 in appeals, costs, drug offences, forfeiture, news, police, proceeds of crime by sally

‘In Bennett v Chief Constable of Merseyside [2018] EWHC 3591 (Admin), the High Court confirmed that a district judge was correct to make no order for costs against the police after it withdrew its Proceeds of Crime Act 2002 (‘POCA’) s.298 application for cash forfeiture. In considering the decision of the district judge, the High Court reaffirmed three points: the starting point is that no order for costs should be made provided that the public authority has acted reasonably and properly; in determining whether the police acted reasonably and properly, the court should scrutinise the behaviour of the police with care; and it may be justifiable to award costs against the police, particularly where the successful private party would suffer substantial hardship if no order for costs were made in their favour.’

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UK Police Law Blog, 27th January 2019

Source: ukpolicelawblog.com

Melania Trump: Telegraph apologises and pays damages – BBC News

Posted January 28th, 2019 in damages, defamation, media, news by sally

‘The Daily Telegraph has apologised “unreservedly” to Melania Trump and agreed to pay her “substantial damages” for an article it published last week.’

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BBC News, 26th January 2019

Source: www.bbc.co.uk

Half of magistrates courts in England and Wales closed since 2010 – The Guardian

Posted January 28th, 2019 in budgets, computer programs, courts, magistrates, news, statistics by sally

‘More than half of all magistrates courts in England and Wales have closed since 2010, forcing defendants, witnesses, police, lawyers and justices of the peace to travel sometimes more than 50 miles to access local justice.’

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The Guardian, 27th January 2019

Source: www.theguardian.com