Recent Statutory Instruments – legislation.gov.uk

Posted March 25th, 2024 in legislation by tracey

SI 2024/399 – The Social Housing (Regulation) Act 2023 (Consequential and Miscellaneous Amendments) Regulations 2024

SI 2024/398 – The Immigration, Nationality and Passport (Fees) (Amendment) Regulations 2024

SI 2024/395 – The Investment Allowance and Cluster Area Allowance (Investment Expenditure) (Amendment) Regulations 2024

SI 2024/389 – The Levelling-up and Regeneration Act 2023 (Commencement No. 3 and Transitional and Savings Provision) Regulations 2024

SI 2024/406 – The Customs (Tariff and Miscellaneous Amendments) Regulations 2024

SI 2024/404 – The Windsor Framework (Implementation) Regulations 2024

SI 2024/387 – The Clergy Discipline (Amendment) Rules 2024

SI 2024/381 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2024

SI 2024/417 – The Strikes (Minimum Service Levels: Fire and Rescue Services) (England) Regulations 2024

SI 2024/416 – The Official Controls (Location of Border Control Posts) (England) Regulations 2024

SI 2024/403 – The Renewables Obligation (Amendment) (Energy Intensive Industries) Order 2024

SI 2024/401 – The Gender Recognition (Approved Countries and Territories and Saving Provision) Order 2024

SI 2024/410 – The Economic Crime and Corporate Transparency Act 2023 (Consequential, Supplementary and Incidental Provisions) Regulations 2024

SI 2024/409 – The Energy-Intensive Industry Electricity Support Payments and Levy Regulations 2024

SI 2024/408 – The Criminal Justice Act 2003 (Suitability for Fixed Term Recall) Order 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 25th, 2024 in law reports by tracey

High Court (Commercial Court)

Al-Aggad v Al-Aggad & Ors [2024] EWHC 673 (Comm) (22 March 2024)

Dolphin Capital Partners Ltd v DCI Advisors Ltd [2024] EWHC 678 (Comm) (21 March 2024)

High Court (Family Division)

AB (a child), Re [2024] EWHC 586 (Fam) (21 March 2024)

Barnsley Metropolitan Borough Council v EM & Ors [2024] EWHC 657 (Fam) (21 March 2024)

Source: www.bailii.org

Unfitness for human habitation quantum – 100% again – Nearly Legal

Posted March 25th, 2024 in damages, deposits, housing, landlord & tenant, news, rent, repairs, repossession by tracey

‘Mason v 1) Olivera and 2) Santana, Claim no: K2PP0132 (15th December 2023, County Court at Clerkenwell and Shoreditch). We’ve previously seen a county court claim for unfitness for human habitation involve an award of 100% of rent in general damages, on the basis that it was a binary question – either the property was fit for human habitation, or it was not. If not, then it couldn’t be said that the tenant had derived any value from the tenancy. This is a second county court judgment on the issue and the same conclusions appear to be reached.’

Full Story

Nearly Legal, 24th March 2024

Source: nearlylegal.co.uk

ICO unveils new data protection fining guidance – OUT-LAW.com

Posted March 25th, 2024 in data protection, fines, news, ombudsmen, privacy by tracey

‘The Information Commissioner’s Office (ICO) has published new guidance setting out how it will determine penalty notices and calculate fines under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA).’

Full Story

OUT-LAW.com, 22nd March 2024

Source: www.pinsentmasons.com

UK bitcoin money laundering case underscores key prevention role of professional services – OUT-LAW.com

Posted March 25th, 2024 in cryptocurrencies, legal profession, money laundering, news by tracey

‘A recent case involving the seizure of over £2 billion worth of bitcoin in the UK highlights the crucial role professionals in the financial and legal sectors can play in preventing money laundering, a financial crime expert has said.’

Full Story

OUT-LAW.com, 22nd March 2024

Source: www.pinsentmasons.com

Consultation on proposed sentencing guidelines for immigration offences – Sentencing Council

Posted March 25th, 2024 in consultations, immigration, news, sentencing, trafficking in human beings by tracey

‘The Sentencing Council is consulting on the first ever sentencing guidelines for immigration offences. The guidelines reflect legislative changes to the Immigration Act 1971 brought in by the Nationality and Borders Act 2022.’

Full Story

Sentencing Council, 20th March 2024

Source: www.sentencingcouncil.org.uk

Shedding light on solar farm capacity – Local Government Lawyer

Posted March 25th, 2024 in amendments, energy, judicial review, local government, news, planning by tracey

‘Michele Vas analyses the recent Galloway v Durham County Council case which was principally concerned with the issue of whether the planning permission approved a solar farm with a capacity of 50MW or more.’

Full Story

Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

PHV operators and sub-contracting to ‘out of area’ drivers – Local Government Lawyer

Posted March 25th, 2024 in appeals, licensing, local government, news, taxis by tracey

‘Charles Holland examines a recent ruling where conditions restricting the ability to cross-border subcontract were quashed on appeal.’

Full Story

Local Government Lawyer, 22nd March 2024

Source: www.localgovernmentlawyer.co.uk

Shell seeks millions in costs from law firm over failed oil spill claim – Legal Futures

Posted March 25th, 2024 in class actions, costs, disclosure, law firms, news, solicitors, wasted costs orders by tracey

‘Listed law firm Rosenblatt is facing the prospect of having to pay out millions of pounds after the High Court allowed proceedings for costs orders against it to proceed.’

Full Story

Legal Futures, 25th March 2024

Source: www.legalfutures.co.uk

SRA fines “unfair” and “schizophrenic”, solicitors argue – Legal Futures

Posted March 25th, 2024 in dangerous driving, disciplinary procedures, drunk in charge, fines, law firms, news, professional conduct, solicitors, Solicitors Regulation Authority by tracey

‘The Solicitors Regulation Authority’s (SRA) approach to fines has been branded unfair and “schizophrenic” in the wake of hefty penalties handed out to solicitors convicted of drink-driving.’

Full Story

Legal Futures, 25th March 2024

Source: www.legalfutures.co.uk

More synthetic opioids banned to protect communities – Home Office

Posted March 25th, 2024 in criminal justice, drug abuse, drug offences, drug trafficking, government departments, news by tracey

‘Fifteen additional synthetic opioids are now under the strictest controls to prevent drug related deaths and ensure anyone caught supplying them faces tough penalties.’

Full Story

Home Office, 20th March 2024

Source: www.gov.uk

Small boat pilot jailed after endangering more than 50 lives – Home Office

Posted March 25th, 2024 in government departments, immigration, imprisonment, news, sentencing, trafficking in human beings by tracey

‘A small boat pilot has been jailed after crossing the Channel with more than 50 migrants in a perilously overcrowded dinghy.’

Full Story

Home Office, 21st March 2024

Source: www.gov.uk

Lady Chief Justice: Kalisher lecture 2024 – Courts and Tribunals Judiciary

Posted March 25th, 2024 in criminal justice, judges, news, rule of law, speeches by tracey

‘This evening, on Tuesday 19 March 2024, Baroness Carr of Walton-On-The-Hill, Lady Chief Justice of England and Wales, delivered this year’s Kalisher lecture titled “To Know The Law And Observe It Well – Magna Carta And Criminal Justice”.’

Full lecture

Full Story

Courts and Tribunals Judiciary , 19th March 2024

Source: www.judiciary.uk

Bar Standards Board publishes 2023 annual report on diversity of its workforce and members – Bar Standards Board

Posted March 25th, 2024 in barristers, diversity, equality, news, statistics by tracey

‘The Bar Standards Board (BSB) has today published its annual report, Diversity of the BSB Workforce and Board Members 2023. It follows the publication of the Diversity at the Bar Report 2022, which showed that the Bar continues to become more diverse and more representative of the society that it serves but women and barristers from minoritised ethnic backgrounds remain underrepresented at the most senior levels of the Bar.’

Full Story

Bar Standards Board, 20th March 2024

Source: www.barstandardsboard.org.uk

Party escapes £27,000 costs bill in 14-year-old boundary dispute – Law Society’s Gazette

Posted March 25th, 2024 in appeals, boundaries, civil procedure rules, costs, damages, news, trespass by tracey

‘One of the parties in a 14-year-long boundary dispute has avoided having to pay £27,000 in costs for an appeal, because the order he was appealing against said nothing about costs.’

Full Story

Law Society’s Gazette, 25th March 2024

Source: www.lawgazette.co.uk

Luke D’Wit: Fentanyl killer who poisoned millionaire couple and faked will to steal company is jailed – The Independent

Posted March 25th, 2024 in fraud, imprisonment, murder, news, sentencing, wills by tracey

‘An IT worker and double murderer who befriended a married couple before poisoning them with fentanyl has been jailed for life.’

Full Story

The Independent, 23rd March 2024

Source: www.independent.co.uk

Former CPS chief says clampdown on protests risks creating ‘thought crimes’ – The Guardian

Posted March 25th, 2024 in Crown Prosecution Service, demonstrations, freedom of expression, government departments, human rights, news by tracey

‘The former director of public prosecutions for England and Wales has warned against the risk of creating “thought crimes” amid the recent clampdown on protesters and demonisation of demonstrators by politicians.’

Full Story

The Guardian, 24th March 2024

Source: www.theguardian.com

BAILII: Recent Decisions

Posted March 22nd, 2024 in law reports by michael

Court of Appeal (Civil Division)

J, Re (Care Plan for Adoption) [2024] EWCA Civ 265 (22 March 2024)

JC Bamford Excavators Ltd v Manitou UK Ltd & Anor [2024] EWCA Civ 276 (22 March 2024)

Suffolk Energy Action Solutions SPV Ltd, R (On the Application Of) v Secretary of State for Energy Security and Net Zero [2024] EWCA Civ 277 (22 Marc2024)

LND1 & Ors, R (On the Application Of) v Secretary of State for the Home Department & Anor [2024] EWCA Civ 278 (21 March 2024)

Navigator Equities Ltd & Anor v Deripaska [2024] EWCA Civ 268 (20 March 2024)

SMIT Salvage BV & Ors v Luster Maritime SA & Anor (MV Ever Given – Salvage Claim) [2024] EWCA Civ 260 (19 March 2024)

Lidl Great Britain Ltd & Anor v Tesco Stores Ltd & Anor (Rev1) [2024] EWCA Civ 262 (19 March 2024)

High Court (Administrative Court)

Tota, R (On the Application Of) v Secretary of State for the Home Department (Re Referrals under the Hamid Jurisdiction) [2024] EWHC 665 (Admin) (22 March 2024)

MT, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 640 (Admin) (22 March 2024)

Moss, R (On the Application Of) v Service Complaints Ombudsman of the Armed Forces (No. 3) (Re Remedy) [2024] EWHC 669 (Admin) (22 March 2024)

CU, R (On the Application Of) v Secretary of State for Education [2024] EWHC 638 (Admin) (21 March 2024)

Kim, R (On the Application Of) v Governor of His Majesty’s Prison Wandsworth [2024] EWHC 645 (Admin) (21 March 2024)

Guilin GFS Monk Fruit Corporation, R (On the Application Of) v Food Standards Agency [2024] EWHC 614 (Admin) (19 March 2024)

Bhandari v Government of India & Anor [2024] EWHC 612 (Admin) (19 March 2024)

High Court (Chancery Division)

Bratt v Jones [2024] EWHC 631 (Ch) (22 March 2024)

Hyde v Stunt (Re Insolvency Act 1986) [2024] EWHC 630 (Ch) (22 March 2024)

Winchester Park Ltd v 1 Palace Gate Freehold Ltd [2024] EWHC 661 (Ch) (22 March 2024)

Barklem v Commissioners for His Majesty’s Revenue and Customs [2024] EWHC 651 (Ch) (22 March 2024)

Lowe v Governors of Sutton’s Hospital In Charterhouse [2024] EWHC 646 (Ch) (21 March 2024)

Lenovo Group Ltd & Ors v InterDigital Technology Corporation & Ors [2024] EWHC 596 (Ch) (21 March 2024)

Scott & Ors v Walker & Ors [2024] EWHC 636 (Ch) (21 March 2024)

Shankland & Ors v McKeand (Re Lion House Portfolio Ltd – Insolvency Act 1986) [2024] EWHC 610 (Ch) (20 March 2024)

Farol Holdings Ltd v Clydesdale Bank PLC & Anor [2024] EWHC 593 (Ch) (19 March 2024)

High Court (Commercial Court)

SY Roro 1 PTE Ltd & Anor v Onorato Armatori SRL & Ors [2024] EWHC 611 (Comm) (21 March 2024)

High Court (Family Division)

Z, Re (Infant Fatality) [2024] EWHC 618 (Fam) (18 March 2024)

High Court (King’s Bench Division)

Al Tarboush v Cassam [2024] EWHC 639 (KB) (22 March 2024)

Coram v DR Dunthorn & Son Ltd [2024] EWHC 672 (KB) (22 March 2024)

Bell v Commissioner of Police of the Metropolis (No. 2: Consequential Matters) [2024] EWHC 650 (KB) (21 March 2024)

Sinton v Maybourne Hotels Ltd & Ors [2024] EWHC 647 (KB) (21 March 2024)

Kapoor v Johal [2024] EWHC 551 (KB) (20 March 2024)

Bridgen v Hancock [2024] EWHC 623 (KB) (20 March 2024)

Owens v Lewis [2024] EWHC 609 (KB) (19 March 2024)

Francis v Pearson [2024] EWHC 605 (KB) (19 March 2024)

St Albans City And District Council v Taylerson & Ors [2024] EWHC 602 (KB) (15 March 2024)

SZR v Blackburn with Darwen Borough Council [2024] EWHC 598 (KB) (15 March 2024)

CCP Graduate School Ltd v National Westminster Bank PLC & Anor [2024] EWHC 581 (KB) (14 March 2024)

High Court (Technology & Construction Court)

South East Water Ltd v Elster Water Metering Ltd [2024] EWHC 620 (TCC) (21 March 2024)

Source: www.bailii.org

Avon Cosmetics: a critical analysis – Pensions Barrister

Posted March 22nd, 2024 in amendments, chambers articles, news, trusts by sally

‘Naomi Ling of Outer Temple Chambers has provided a critical analysis of the recent Avon Cosmetics decision.’

Full Story

Pensions Barrister, 21st March 2024

Source: www.pensionsbarrister.com

Woman guilty of murdering son, 3, in Durham after ‘sadistic cruelty’ – The Guardian

Posted March 22nd, 2024 in causing death of children or vulnerable adults, child cruelty, children, families, murder, news by sally

‘A woman who subjected her three-year-old son to a campaign of “sadistic cruelty” and punishment for petty wrongs has been found guilty of his murder.’

Full Story

The Guardian, 21st March 2024

Source: www.theguardian.com