Recent Statutory Instruments – legislation.gov.uk

Posted November 11th, 2016 in legislation by sally

The Illegal Working Compliance Orders Regulations 2016

The Labour Market Enforcement (Code of Practice on Labour Market Enforcement Undertakings and Orders: Appointed Day) Regulations 2016

The Social Security (Contributions) (Amendment No. 4) Regulations 2016

The Immigration Act 2014 (Current Accounts) (Compliance &c) Regulations 2016

The Civil Courts (Amendment No. 2) Order 2016

The Merchant Shipping Act 1995 (Amendment) Order 2016

The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) (Amendment) Regulations 2016

The Remand to Local Authority Accommodation (Electronic Monitoring) (Responsible Person) Order 2016

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 11th, 2016 in law reports by sally

Supreme Court

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 (09 November 2016)

Court of Appeal (Civil Division)

National Aids Trust, R (On the Application Of) v The National Health Service Commissioning Board (NHS England) & Ors [2016] EWCA Civ 1100 (10 November 2016)

Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA (t/a CSAV) [2016] EWCA Civ 1103 (10 November 2016)

A & B (Children), Re [2016] EWCA Civ 1101 (09 November 2016)

Dean and Chapter of Rochester Cathedral v Debell [2016] EWCA Civ 1094 (09 November 2016)

Vyas & Anor v Goraya, (t/a Taj Construction Roofing) [2016] EWCA Civ 1095 (09 November 2016)

The Football Association Premier League Ltd v Luxton [2016] EWCA Civ 1097 (09 November 2016)

Bestfort Developments LLP & Ors v Ras Al Khaimah Investment Authority & Ors [2016] EWCA Civ 1099 (08 November 2016)

S (Children), Re [2016] EWCA Civ 1090 (08 November 2016)

Idenix Pharmaceuticals Inc v Gilead Sciences Inc & Ors [2016] EWCA Civ 1089 (08 November 2016)

Y (Children), Re [2016] EWCA Civ 1091 (08 November 2016)

Court of Appeal (Criminal Division)

Zawadzka v R [2016] EWCA Crim 1712 (09 November 2016)Singh,

Singh, R v [2016] EWCA Crim 1664 (04 November 2016)

Singh, R v [2016] EWCA Crim 1612 (04 November 2016)

High Court (Administrative Court)

Tinsley v Manchester City Council & Anor [2016] EWHC 2855 (Admin) (10 November 2016)

RLT Built Environment Ltd, R (on the application of) v The Cornwall Council & Anor [2016] EWHC 2817 (Admin) (10 November 2016)

Mansell v Tonbridge & Malling Borough Council [2016] EWHC 2832 (Admin) (10 November 2016)

The Solicitors Regulation Authority (SRA) v Solicitors Disciplinary Tribunal [2016] EWHC 2862 (Admin) (10 November 2016)

Auleear v Secretary of State for the Home Department [2016] EWHC 2833 (Admin) (10 November 2016)

SAN Investments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2830 (Admin) (09 November 2016)

Hibbitt & Anor v Secretary of State for Communities & Local Government & Ors [2016] EWHC 2853 (Admin) (09 November 2016)

Kent, R (on the application of) v Royal Borough of Kensington & Chelsea & Ors [2016] EWHC 2809 (Admin) (08 November 2016)

The Interim Executive Board of X School v Chief Inspector of Education, Children’s Services And Skills [2016] EWHC 2813 (Admin) (08 November 2016)

AB, R (On the Application Of) v The Secretary of State for the Home Department [2016] EWHC 2751 (Admin) (07 November 2016)

Barszcz v Regional Court In Bydgoszcz, Poland [2016] EWHC 2788 (Admin) (04 November 2016)

MMM, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 2655 (Admin) (04 November 2016)

The Court In Mures & Anor v Zagrean [2016] EWHC 2786 (Admin) (04 November 2016)

Birchall Gardens LLP & Anor, R (on the application of) v BP Mitchell Ltd & Ors [2016] EWHC 2794 (Admin) (04 November 2016)

Abasuru v Regional Court In Opole, Poland [2016] EWHC 2787 (Admin) (04 November 2016)

O’Connor & Anor, R (on the application of) v Crown Prosecution Service & Anor [2016] EWHC 2792 (Admin) (04 November 2016)

High Court (Chancery Division)

Caledonian Ltd & Anor, Re [2016] EWHC 2854 (Ch) (10 November 2016)

The Secretary of State for Business, Energy and Industrial Strategy v Rosenblatt [2016] EWHC 2821 (Ch) (9 November 2016)

Astex Therapeutics Ltd v Astrazeneca AB [2016] EWHC 2759 (Ch) (08 November 2016)

Hicken v Ellison [2016] EWHC 2791 (Ch) (08 November 2016)

Golstein v Bishop & Anor [2016] EWHC 2804 (Ch) (07 November 2016)

High Court (Commercial Court)

Pan Oceanic Chartering Inc v UNIPEC UK Co Ltd & Anor [2016] EWHC 2774 (Comm) (10 November 2016)

PT Transportasi Gas Indonesia v Conocophillips (Grissik) Ltd & Anor [2016] EWHC 2834 (Comm) (10 November 2016)

PJSC TATNEFT v Bogolyubov & Ors [2016] EWHC 2816 (Comm) (08 November 2016)

High Court (Family Division)

AS v TH (No 2) (Jurisdiction to Make Final Orders) [2016] EWHC 2825 (Fam) (04 November 2016)

Source: www.bailii.org

MoJ unmoved by MPs’ damning verdict on court fee hikes – Law Society’s Gazette

Posted November 11th, 2016 in budgets, civil justice, fees, Ministry of Justice, select committees by sally

‘The Ministry of Justice shows no sign of backing down over court fee hikes, despite a damning verdict from an influential group of MPs. The Commons justice committee called in June for an overhaul of employment tribunal fees and the scrapping of this year’s increase in the divorce petition fee. The government initially stood firm on the necessity of the fees – and a full response to the committee now suggests that position has not changed.’

Full story

Law Society’s Gazette, 9th November 2016

Source: www.lawgazette.co.uk

Will-writer fined £30k after complaints over nuisance calls – Law Society’s Gazette

Posted November 11th, 2016 in complaints, consent, fines, news, telecommunications, wills by sally

‘will-writing company which accuses traditional law firms of ‘failing the bereaved’ has been fined £30,000 for making nuisance calls. The Information Commissioner’s Office (ICO) imposed the penalty against Assist Law, based in Weston-super-Mare, Somerset.’

Full story

Law Society’s Gazette, 11th November 2016

source: www.lawgazette.co.uk

Cardiff teenager faces fight to avoid being sent back to Afghanistan – The Guardian

Posted November 11th, 2016 in Afghanistan, news, refugees, young persons by sally

‘Thousands of people, politicians, celebrities and refugee charities have backed a campaign to stop a teenager who fled to Britain from Afghanistan as a 10-year-old after his father was murdered from being forcibly removed to the country of his birth.’

Full story

The Guardian, 10th November 2016

Source: www.guardian.co.uk

Doctor who tried to start an affair with his patient’s wife is struck off – Daily Telegraph

Posted November 11th, 2016 in disciplinary procedures, doctors, news, professional conduct by sally

‘A doctor who tried to start an affair with his patient’s wife after he admitted his marriage was in crisis has been struck off.’

Full story

Daily Telegraph, 10th November 2016

Source: www.telegraph.co.uk

High Court rules second homes ban in St Ives will remain – BBC News

Posted November 11th, 2016 in housing, local government, news, planning, referendums by sally

‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’

Full story

BBC News, 10th November 2016

Source: www.bbc.co.uk

London man Jabed Hussain convicted of terror offences after trying to join Isis in Syria – The Independent

Posted November 11th, 2016 in guilty pleas, news, sentencing by sally

‘A man who attempted to join Isis in Syria has been convicted of terrorism. At the Old Bailey on Thursday, Jabed Hussain, from Acton in London, pleaded guilty to two counts of preparing terrorist acts after being caught on the Turkish border.’

Full story

The Independent, 11th November 2016

Source: www.independent.co.uk

NHS to consider funding ‘game-changer’ HIV drugs as High Court dismisses appeal – Daily Telegraph

Posted November 11th, 2016 in appeals, budgets, HIV, medicines, news by sally

‘The NHS will be forced to formally consider whether to fund pills to prevent HIV despite claiming that doing so could mean cancer victims and children with cystic fibrosis are refused treatment.’

Full story

Daily Telegraph, 10th November 2016

Source: www.telegraph.co.uk

Spalding murders: Youngest couple convicted of murder sentenced to minimum of 20 years each – The Independent

Posted November 11th, 2016 in murder, news, sentencing, young offenders by sally

‘A 15-year-old boy and girl have been sentenced to a minimum of 20 years for the murders of a mother and daughter, who were smothered and stabbed in the throat as they slept in their beds.’

Full story

The Independent, 10th November 2016

Source: www.independent.co.uk

Employment Appeal Tribunal confirms that judges don’t work for a living… – Cloisters

‘… they do, however, faithfully and diligently discharge their office and can be, of course, in an employment relationship.’

Full story

Cloisters, 31st October 2016

Source: www.cloisters.com

Digital Economy Bill: The New Electronic Code – Falcon Chambers

Posted November 10th, 2016 in agreements, bills, compulsory purchase, news, telecommunications by sally

‘The Electronic Communications Code is contained in the Telecommunications Act 1984 Schedule 2, as amended by Schedule 3 to the Communications Act 2003 (“the Existing Code”).’

Full story

Falcon Chambers, September 2016

Source: www.falcon-chambers.com

Dealing with a breach of contract. What are the options for the innocent party when the contract is broken? Can they walk away from the deal, when and how? – Falcon Chambers

Posted November 10th, 2016 in contracts, news, rescission, speeches by sally

‘I have been asked to talk this afternoon about breach of contract, specifically what strategies can be adopted in the event that one party fails to complete under the terms of the contract. What are the options for escaping the contract or, alternatively, for forcing the other party to complete?

Full story

Falcon Chambers, September 2016

Source: www.falcon-chambers.com

Cardiff v Lee: Permission needed to enforce a suspended possession order – Hardwicke Chambers

‘Last week, the Court of Appeal handed down judgment in the case of Cardiff County Council v Lee (Flowers) [2016] EWCA Civ 1034, confirming that all landlords, whether social or private, are required to seek the permission of the County Court under CPR r83.2 in order to obtain a warrant of possession for breach of a suspended possession order.’

Full story

Hardwicke Chambers, 26th November 2016

Source: www.hardwicke.co.uk

Keith Ewing: A Review of the Miller Decision – UK Constitutional Law Association

‘Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How we can stop Brexit – lobby our MPs’ (29 June 2016), no doubt as inflammatory and unacceptable to the BREXITEERS as subsequent developments have been to the REMAINERS. Fearing that Parliament was being enlisted with an agenda to defeat the referendum result, it is not surprising that the BREXITEERS should wish to exclude Parliament from the process altogether.’

Full story

UK Constitutional Law Association, 10th November 2016

Source: www.ukconstitutionallaw.org

One in four prisons hold transgender inmates, says Ministry of Justice report – Daily Telegraph

Posted November 10th, 2016 in news, prisons, reports, transgender persons by sally

‘One in four prisons in England and Wales are holding transgender inmates, an official report has revealed.’

Full story

Daily Telegraph, 9th November 2016

Source: www.telegraph.co.uk

With and without foundation – Bedroom tax in Supreme Court – Nearly Legal

‘The Supreme Court has handed down its judgment in the culmination of years of cases on the discriminatory impact of the ‘removal of the spare room subsidy’ – the bedroom tax. The outcome was mixed, even including a split judgment on one case, but in at least one respect, the bedroom tax regulations were held to unlawfully and unjustifiably discriminate against households with disabled members.’

Full story

Nearly Legal, 9th November 2016

Source: www.nearlylegal.co.uk

Minor neighbour dispute sees sex offender caught for his crimes 15 years later – Daily Telegraph

Posted November 10th, 2016 in DNA, news, sentencing, sexual offences by sally

‘A would-be rapist who attacked two women on the streets 15 years ago has been jailed for 12 years after being caught following a dispute with his neighbour.’

Full story

Daily Telegraph, 9th November 2016

Source: www.telegraph.co.uk

Female lawyers fear “Trump effect” – Legal Futures

Posted November 10th, 2016 in legal profession, news, speeches, women by sally

‘Leading women lawyers have expressed their concerns that Donald Trump’s victory in the race for US president will have a negative impact on the legal profession in this country.’

Full story

Legal Futures, 10th November 2016

Source: www.legalfutures.co.uk

Government confirms civil and criminal tax investigations following ‘Panama Papers’ leaks – OUT-LAW.com

Posted November 10th, 2016 in law firms, news, tax evasion by sally

‘A special taskforce set up following the ‘Panama Papers’ leaks has opened civil and criminal investigations into suspected tax fraud or financial wrongdoing by more than 30 individuals and companies, the government has announced.’

Full story

OUT-LAW.com, 10th November 2016

Source: www.out-law.com