Recent Statutory Instruments – legislation.gov.uk

Posted February 27th, 2017 in legislation by sally

The Trade Union Act 2016 (Commencement No. 3 and Transitional) Regulations 2017

The Important Public Services (Border Security) Regulations 2017

The Important Public Services (Transport) Regulations 2017

The Important Public Services (Education) Regulations 2017

The Important Public Services (Health) Regulations 2017

The Trade Union Act 2016 (Political Funds) (Transition Period) Regulations 2017

The Personal Injuries (Civilians) Scheme (Amendment) Order 2017

The Defence Science and Technology Laboratory Trading Fund (Revocation) Order 2017

The Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2017

The Important Public Services (Fire) Regulations 2017

The Social Security (Reciprocal Agreements) Order 2017

The Inspectors of Education, Children’s Services and Skills Order 2017

The Terrorist Asset-Freezing etc. Act 2010 (Overseas Territories) (Amendment) Order 2017

The Criminal Procedure (Amendment) Rules 2017

The Democratic Republic of the Congo (Sanctions) (Overseas Territories) (Amendment) Order 2017

The Railway Pensions (Substitution) (Amendment) Order 2017

The National Health Service Litigation Authority (Amendment) Regulations 2017

The Plant Health (Sweet Chestnut Blight) (England) Order 2017

The Assisted Areas (Amendment) Order 2017

The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2017

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 27th, 2017 in law reports by sally

Supreme Court

MM (Lebanon) & Ors, R( on the applications of) v Secretary of State and another [2017] UKSC 10 (22 February 2017)

Homes and Communities Agency v JS Bloor (Wilmslow) Ltd [2017] UKSC 12 (22 February 2017)

Agyarko and Ikuga, R (on the applications of) v Secretary of State for the Home Department [2017] UKSC 11 (22 February 2017)

Hicks & Ors, R (on the application of)v Commissioner of Police for the Metropolis [2017] UKSC 9 (15 February 2017)

Court of Appeal (Civil Division)

Rosserlane Consultants Ltd & Anor v Credit Suisse International [2017] EWCA Civ 91 (24 February 2017)

Wodzicki v Wodzicki [2017] EWCA Civ 95 (24 February 2017)

Samarkand Film Partnership No. 3 & Ors v Revenue And Customs [2017] EWCA Civ 77 (24 February 2017)

Banerjee v The General Medical Council [2017] EWCA Civ 78 (24 February 2017)

Grizzly Business Ltd v Stena Drilling Ltd & Anor [2017] EWCA Civ 94 (24 February 2017)

McGeer v McIntosh [2017] EWCA Civ 79 (23 February 2017)

Elim Court RTM Company Ltd v Avon Freeholds Ltd [2017] EWCA Civ 89 (23 February 2017)

Frugal v Nottinghamshire Police [2017] EWCA Civ 86 (22 February 2017)

UB (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 85 (22 February 2017)

Archbishop Bowen & Anor v JL [2017] EWCA Civ 82 (21 February 2017)

Workman v Forrester & Ors [2017] EWCA Civ 73 (21 February 2017)

Balogun v Boyes Sutton and Perry (a firm) [2017] EWCA Civ 75 (21 February 2017)

J (A Child) (Finland)(Habitual Residence) [2017] EWCA Civ 80 (21 February 2017)

Steinfeld & Anor v Secretary of State for Education [2017] EWCA Civ 81 (21 February 2017)

Dawson – Damer & Ors v Taylor Wessing LLP [2017] EWCA Civ 74 (16 February 2017)

Savills (UK) Ltd v Blacker & Anor (Rev 1) [2017] EWCA Civ 68 (16 February 2017)

MK (Afghanistan) v The Secretary of State for the Home Department [2017] EWCA Civ 72 (15 February 2017)

Oakley v South Cambridgeshire District Council & Anor [2017] EWCA Civ 71 (15 February 2017)

M (Children : Care Proceedings : Passport Order) [2017] EWCA Civ 69 (14 February 2017)

Webster (A Child) v Burton Hospitals NHS Foundation Trust [2017] EWCA Civ 62 (13 February 2017)

Court of Appeal (Criminal Division)

Recycled Materials Supplies Ltd, R v [2017] EWCA Crim 58 (24 February 2017)

Garwood & Ors, R v [2017] EWCA Crim 59 (22 February 2017)

Reynolds v R [2017] EWCA Crim 57 (22 February 2017)

Tsekiri, R v [2017] EWCA Crim 40 (17 February 2017)

Leathem & Anor v R [2017] EWCA Crim 42 (15 February 2017)

Bailey, R v [2017] EWCA Crim 35 (10 February 2017)

Halim, R v [2017] EWCA Crim 33 (10 February 2017)

Lunn, R v [2017] EWCA Crim 34 (10 February 2017)

Source: www.bailii.org

Surrogacy Law /HFEA Update (February 2017) – Family Law Week

Posted February 27th, 2017 in adoption, children, consent, documents, domicile, family courts, guardianship, human rights, international law, legislation, medical records, news, parental responsibility, registrars, reports, surrogacy by sally

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent surrogacy cases in this jurisdiction, developments in the European Court of Human Rights, calls for law reform and recent judgments concerning administrative errors by fertility clinics.’

Full story

Family Law Week, 22nd February 2017

Source: www.familylawweek.co.uk

HRA Claims and Concurrent Care Proceedings: Third Party Costs Orders, Statutory Charge Guidance and an Invitation to the Lord Chancellor – Family Law Week

Posted February 27th, 2017 in children, civil procedure rules, costs, damages, family courts, human rights, immunity, legal aid, local government, lord chancellor, news, regulations, statutory duty, third parties by sally

‘Ben Mansfield, barrister of The 36 Group, examines the judgment of Mr Justice Keehan in H (A Minor) v Northamptonshire County Council and the Legal Aid Agency [2017] EWHC 282 (Fam).’

Full story

Family Law Week, 23rd February 2017

Source: www.familylawweek.co.uk

Army widow sues MoD for failing to spot husband’s PTSD – Daily Telegraph

Posted February 27th, 2017 in Afghanistan, armed forces, duty of care, mental health, news, personal injuries, post-traumatic stress disorder by sally

‘An Army widow who suffered five miscarriages after her husband attacked her while suffering from post traumatic stress disorder (PTSD) has launched a legal case against the Ministry of Defence for failing them both.’

Full story

Daily Telegraph, 26th February 2017

Source: www.telegraph.co.uk

Girl, 5, dies of asthma attack after ‘volatile GP refused to see her because she was several minutes late’ – The Independent

Posted February 27th, 2017 in children, doctors, health, inquests, news, professional conduct, reports by sally

‘A five-year-old girl died of an asthma attack after an “unapproachable and volatile” doctor refused to see her because she and her mother arrived a few minutes late for her appointment, the General Medical Council has found.’

Full story

The Independent, 27th February 2017

Source: www.independent.co.uk

Woman deported from UK despite being married to Briton for 27 years – The Guardian

Posted February 27th, 2017 in deportation, families, immigration, news, visas by sally

‘A woman living in the UK who has been married to a British man for 27 years has been forcibly removed from the country.’

Full story

The Guardian, 26th February 2017

Source: www.guardian.co.uk

BBC orders urgent investigation into behaviour of TV licence fee collectors amid allegations of underhand tactics – Daily Telegraph

Posted February 27th, 2017 in BBC, codes of practice, enforcement, fees, licensing, media, news, select committees by sally

‘The BBC has ordered an urgent investigation into the behaviour of television licence fee collectors amid allegations they are using underhand tactics and aggressive incentive schemes to catch evaders.’

Full story

Daily Telegraph, 27th February 2017

Source: www.telegraph.co.uk

NHS misplaced half a million patient documents – BBC News

Posted February 27th, 2017 in contracting out, documents, health, medical records, news, postal service by sally

‘Thousands of NHS patients may have come to harm because of an administrative mix-up, says NHS England. Some 500,000 documents containing medical information, including cancer test results, were mistakenly put in storage rather than being sent to the GP or filed in the patients’ records.’

Full story

BBC News, 27th February 2017

Source: www.bbc.co.uk

Thousands spent on judges’ security amid growing hostility – The Guardian

Posted February 27th, 2017 in freedom of information, internet, judges, judiciary, Ministry of Justice, news, statistics, threatening behaviour by sally

‘Ministry of Justice says security was upgraded at judges’ homes, with figures showing many in judiciary fear for safety.’

Full story

The Guardian, 27th February 2017

Source: www.guardian.co.uk

Child sex abuse inquiry public hearings to start – BBC News

Posted February 27th, 2017 in charities, child abuse, children, Christianity, immigration, inquiries, news, sexual offences by sally

‘The Independent Inquiry into Child Sexual Abuse in England and Wales is to hold its first public hearings later.’

Full story

BBC News, 27th February 2017

Source: www.bbc.co.uk

EU referendum campaign spending probed – BBC News

Posted February 24th, 2017 in budgets, disclosure, news, political parties, referendums by sally

‘The spending returns of the Stronger In and Vote Leave campaigns in last year’s EU referendum are under investigation, the Electoral Commission has announced.’

Full story

BBC News, 24th February 2017

source: www.bbc.co.uk

If you’ve ever thought that prison is the place for mentally ill criminals, you need to hear about the tragic life of Vishnu Wood – The Independent

Posted February 24th, 2017 in mental health, news, prisons, suicide by sally

‘I’m not a vindictive person by nature. But when I attended Vishnu’s funeral after mentoring him through so many highs and lows, I wanted the judges who had sent him to Wormwood Scrubs to be there.’

Full story

The Independent, 24th February 2017

Source: www.independent.co.uk

European Parliament calls for comprehensive legal framework for robotics and AI – Technology Law Update

Posted February 24th, 2017 in artificial intelligence, EC law, news by sally

‘Robots. Whether you love them or hate them, they are on the march. Many new consumer robotics products were on display at CES 2017 in Las Vegas, offering personalised help with controlling connected equipment and mundane household tasks. Robots and Artificial Intelligence are increasingly active in industrial fields like manufacturing and warehouse logistics (think Ocado’s new online shopping distribution warehouse, for example) and service contexts like banking.’

Full story

Technology Law Update, February 2017

Source: www.technology-law-blog.co.uk

Council to set up QC-led inquiry into controversial compulsory purchase order – Local Government Lawyer

Posted February 24th, 2017 in compulsory purchase, inquiries, news by sally

‘The full council at the London Borough of Lewisham has unanimously agreed to set up an independent inquiry led by a QC to examine matters relating to a controversial proposed compulsory purchase order.’

Full story

Local Government Lawyer, 23rd February 2017

Source: www.localgovernmentlawyer.co.uk

Are we tough enough on animal cruelty? – BBC News

Posted February 24th, 2017 in animal cruelty, bills, news, sentencing by sally

‘When two brothers who filmed themselves torturing a dog were spared jail it provoked an outcry. Yet England and Wales has the lightest maximum sentence in Europe for animal cruelty offences. Now an MP is hoping to make the law tougher on perpetrators.’

Full story

BBC News, 24th February 2017

Source: www.bbc.co.uk

Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

Posted February 24th, 2017 in civil procedure rules, costs, legislative drafting, news, part 36 offers, road traffic by sally

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

Full story

Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

Solicitors unite to oppose fee cuts – Law Society’s Gazette

Posted February 24th, 2017 in budgets, criminal justice, fees, legal aid, news, solicitors by sally

‘The criminal defence community cannot absorb any more legal aid fee cuts, the Law Society and practitioner groups have told the government, which this week suggested that it will press ahead with controversial proposals.’

Full story

Law Society’s Gazette, 24th February 2017

Source: www.lawgazette.co.uk

British Bill of Rights plan shelved again for several more years, Justice Secretary confirms – The Independent

Posted February 24th, 2017 in bills, human rights, news by sally

‘The long-running Conservative proposal for a “British Bill of Rights” has once again been shelved for several more years.’

Full story

The Independent, 23rd February 2017

Source: www.independent.co.uk

Women who sign up to dating sites are not consenting to sex regardless, judge tells Plenty of Fish rapist – Daily Telegraph

Posted February 24th, 2017 in consent, internet, news, rape, sentencing by sally

‘Women who sign up to dating sites are not consenting to sex, a judge said as he jailed a man for raping a woman he met on Plenty of Fish.’

Full story

Daily Telegraph, 23rd February 2017

Source: www.telegraph.co.uk