Government to repeal Strikes Act 2023 including requirements on minimum service levels – Local Government Lawyer

Posted August 7th, 2024 in bills, employment, government departments, industrial action, news by sally

‘The Government has today (6 August) announced it will repeal the Strikes Act 2023, claiming that the measures “unduly restrict workers’ rights” and “undermine good industrial relations”.’

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Local Government Lawyer, 6th August 2024

Source: www.localgovernmentlawyer.co.uk

BAILII: Recent Decisions

Posted August 7th, 2024 in law reports by sally

Supreme Court

QX v Secretary of State for the Home Department [2024] UKSC 26 (05 August 2024)

Court of Appeal (Civil Division)

Bland & Anor v Keegan [2024] EWCA Civ 934 (05 August 2024)

High Court (Chancery Division)

Manolete Partners PLC v Karim & Ors [2024] EWHC 2053 (Ch) (06 August 2024)

Cloud Cycle Ltd v Verifi LLC & Anor [2024] EWHC 2001 (Ch) (06 August 2024)

Wood & Anor v Desai & Anor [2024] EWHC 2060 (Ch) (05 August 2024)

Passi & Ors v Hansrani [2024] EWHC 2062 (Ch) (05 August 2024)

Lloyd v Hayward & Anor [2024] EWHC 2033 (Ch) (05 August 2024)

High Court (Commercial Court)

Betta Oceanway Company v SC Tomini Trading SR (Re Costs) [2024] EWHC 2068 (Comm) (06 August 2024)

High Court (Patents Court)

Motorola Mobility, LLC v Telefonaktiebolaget LM Ericsson (Publ) [2024] EWHC 2027 (Pat) (05 August 2024)

High Court (King’s Bench Division)

London Borough of Enfield v Snell & Ors [2024] EWHC 2064 (KB) (05 August 2024)

High Court (Technology and Construction Court)

Peabody Trust v National House-Building Council [2024] EWHC 2063 (TCC) (06 August 2024)

Source: www.bailii.org

Winding Up Petitions and Arbitration Agreements – Sian Participation – 33 Bedford Row

Posted August 6th, 2024 in arbitration, chambers articles, news, winding up by sally

‘Sian Participation Corp (In Liquidation) v Halimeda International Ltd [2024] UKPC 16 (“Sian”) has, in part, overruled, Salford Estates (No.2) Ltd v Altomart Ltd [2014] EWCA Civ 1575; [2015] BCC 306 (“Salford Estates”). The part overruled is in respect to section 122(1) of the Insolvency Act 1986 and whether the Companies Court can, on a creditors winding up petition, determine whether or not the petition debt is genuinely disputed on substantial grounds. Salford Estates was not overruled in respect to whether section 9 of the Arbitration Act 1996 applies to creditors winding up petitions.’

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33 Bedford Row, 1st August 2024

Source: www.33bedfordrow.co.uk

Dr. Arun Kasi and Amrit K. Dhanoa’s on Shipping, Monthly, Issue 5 | July 2024 – 4-5 Gray’s Inn Square

Posted August 6th, 2024 in chambers articles, insurance, news, shipping law by sally

‘AK on shipping – monthly”

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4-5 Gray’s Inn Square , 31st July 2024

Source: www.4-5.co.uk

Political Upheaval in Bangladesh and Its Implications for UK Asylum Seekers – EIN Blog

Posted August 6th, 2024 in asylum, Bangladesh, news, political parties by sally

‘Bangladesh Prime Minister Sheikh Hasina resigned and fled the country on Monday 05 August 2024 following a violent crackdown on demonstrations that began as protests against job quotas and escalated into a widespread movement demanding her resignation. This dramatic political upheaval has far-reaching implications, not only within Bangladesh but also for those who sought asylum in the UK due to their opposition to the Awami League-led government.’

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EIN Blog, 5th August 2024

Source: www.ein.org.uk

Salaried partner unfairly dismissed, tribunal rules – Legal Futures

Posted August 6th, 2024 in employment tribunals, law firms, news, partnerships by sally

‘A salaried partner in the London office of a leading Canadian law firm has won his case for unfair dismissal after a tribunal rejected its claim that he was made redundant.’

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Legal Futures, 6th August 2024

Source: www.legalfutures.co.uk

Research Briefing: Deportation of foreign national offenders – House of Commons Library

Posted August 6th, 2024 in deportation, foreign jurisdictions, news, statistics by sally

‘Deporting foreign national offenders from the UK is a longstanding government priority but the number of people deported has fallen.’

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House of Commons Library , 2nd August 2024

Source: commonslibrary.parliament.uk

Government saves three times what it spends on early legal advice, finds new report – The Bar Council

Posted August 6th, 2024 in budgets, government departments, legal advice, news by sally

‘Providing free specialist legal advice could save the government £4.5billion for every half a million people who receive it, a new report has found, as leading legal organisations renew calls to “spend to save on justice”.’

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The Bar Council, 5th August 2024

Source: www.barcouncil.org.uk

Wife of jailed Azeri banker forfeits house near Harrods and Ascot golf club – The Guardian

Posted August 6th, 2024 in false accounting, forfeiture, married persons, money laundering, news by sally

‘A mansion in Knightsbridge and a golf club in Ascot owned by the wife of the jailed Azeri banker Jahangir Hajiyev have been forfeited to the British state as part of a settlement worth an estimated £18.5m to taxpayers.’

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The Guardian, 5th August 2024

Source: www.theguardian.com

Teen jailed for murdering dad-of-three in smoking row – BBC News

Posted August 6th, 2024 in drug abuse, murder, news, sentencing, young offenders by sally

‘A teenager has been jailed for life for murdering a father-of-three with a machete following a confrontation near a children’s play area.’

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BBC News, 5th August 2024

Source: www.bbc.co.uk

Vetting of sacked police chief failed, inquiry finds – BBC News

Posted August 6th, 2024 in inquiries, news, police, vetting by sally

‘Basic checks were not carried out in the recruitment of a chief constable who was later found to have lied about his career, an inquiry has found.’

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BBC News, 6th August 2024

Source: www.bbc.co.uk

Slavery victim wins payout as ‘others die waiting’ – BBC News

‘A vulnerable man kept as a slave for almost 26 years has won a “record payout” after his family sued the government for denying him adequate compensation.’

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BBC News, 6th August 2024

Source: www.bbc.co.uk

Are the authorities powerless to stop Tommy Robinson’s online output? – The Guardian

Posted August 6th, 2024 in internet, media, news, prosecutions, public order by sally

‘New laws may make it easier to pursue far-right activist over alleged role in spreading disinformation.’

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The Guardian, 6th August 2024

Source: www.theguardian.com

Three water firms face record total £168m fine after sewage investigation – The Guardian

Posted August 6th, 2024 in fines, news, sewerage, waste, water, water companies by sally

‘Thames, Yorkshire and Northumbrian Water will be fined a record £168m between them for a “catalogue of failure” over illegal sewage discharges into rivers and the sea after the industry regulator’s biggest ever investigation.’

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The Guardian, 6th August 2024

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted August 5th, 2024 in legislation by sally

2024 c. 23 – Supply and Appropriation (Main Estimates) Act 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted August 5th, 2024 in law reports by sally

Court of Appeal (Civil Division)

N (A Child), Re (Care Order: Welfare Evaluation) [2024] EWCA Civ 938 (02 August 2024)

Signature Litigation LLP v Ivanishvili [2024] EWCA Civ 901 (01 August 2024)

High Court (Administrative Court)

Wickford Development Company Ltd & Ors, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2034 (Admin) (02 August 2024)

Aquilina, R (On the Application Of) v Secretary of State for Education [2024] EWHC 1998 (Admin) (01 August 2024)

High Court (Chancery Division)

Coulson v Paul [2024] EWHC 2021 (Ch) (02 August 2024)

Bond & Anor v Webster & Ors [2024] EWHC 1972 (Ch) (02 August 2024)

Rahman v Hassan & Ors (Re Consequential Matters) [2024] EWHC 2038 (Ch) (01 August 2024)

Gibbins v Tierney & Ors [2024] EWHC 2004 (Ch) (01 August 2024)

High Court (Commercial Court)

Aiteo Eastern E & P Company Ltd v Shell Western Supply and Trading Ltd & Ors [2024] EWHC 1993 (Comm) (01 August 2024)

Republic of Korea v Elliott Associates, LP (Re Arbitration Act 1996 – A PCA Arbitration) [2024] EWHC 2037 (Comm) (01 August 2024)

Gilbert & Anor v Broadoak Private Finance Ltd (Re Costs) [2024] EWHC 2046 (Comm) (01 August 2024)

LAX SA v JBC SA [2024] EWHC 2042 (Comm) (01 August 2024)

High Court (King’s Bench Division)

Sully & Ors v Mazur & Anor [2024] EWHC 1999 (KB) (02 August 2024)

Paisley v Linehan (Rev1) [2024] EWHC 1976 (KB) (01 August 2024)

Literacy Capital PLC v Webb [2024] EWHC 2026 (KB) (31 July 2024)

High Court (Technology and Construction Court)

Tata Consultancy Services Ltd v Disclosure and Barring Service [2024] EWHC 2025 (TCC) (01 August 2024)

Source: www.bailii.org

Housing Need Assessments and Suitability – Getting it wrong. Again – Nearly Legal

Posted August 5th, 2024 in education, housing, judicial review, local government, news by sally

‘UO v London Borough of Redbridge (2024) EWHC 1989 (Admin). We first saw UO and Redbridge in this judicial review of an unlawful housing needs assessment (HNA) and suitability decision. That decision was, to say the least, scathing about Redbridge’s decision making. So it is perhaps a surprise to see a further judicial review of Redbridge’s further HNA(s) and a suitability decision as to out of borough accommodation, not least because this judicial review decision includes judicial comment on Redbridge failing to take account of the evidence and findings in the previous JR. But that is what this is.’

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Nearly Legal, 4th August 2024

Source: nearlylegal.co.uk

Universities must improve harassment protections ahead of OfS regulation – OUT-LAW.com

‘Higher education institutions across England will face a range of significant sanctions if they fail to comply with new harassment and sexual misconduct protection requirements set by the Office for Students (OfS).’

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OUT-LAW.com, 2nd August 2024

Source: www.pinsentmasons.com

Upper Tribunal allows appeal as it could not be inferred First TierTribunal had considered child’s view about appropriateness of local authority’s preferred school – Local Government Lawyer

‘The Upper Tribunal has allowed an appeal made by the parents of a 7-year-old boy with autism, finding that a decision by the First-tier tribunal did not take the child’s negative feelings about the local authority preferred school into account, which was an error of law.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk

CoA issues guidance on placement timings after local authority wrongly proceeded with ‘farewell visit’ while father’s application for permission to appeal was pending – Local Government Lawyer

‘The Court of Appeal has outlined guidance on placement timings, after finding that a local authority’s decision to proceed with a farewell visit while a father’s application for permission to appeal was pending was “plainly wrong” and “contrary to the children’s interests”.’

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Local Government Lawyer, 2nd August 2024

Source: www.localgovernmentlawyer.co.uk