“All cases are unique, and very similar to others” [1] – Local Government Lawyer

Posted May 29th, 2024 in appeals, employment, employment tribunals, local government, news by sally

‘Nigel Pitchford looks at the lessons for workplace resolution from a timely review of local authority cases before the Employment Appeal Tribunal.’

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Local Government Lawyer, 28th May 2024

Source: www.localgovernmentlawyer.co.uk

Government “does not understand” impact of decade-old legal aid cuts – Legal Futures

‘The government does not understand how costs may have shifted to other areas of the justice system or public sector following cuts in legal aid spending, the House of Commons public accounts committee (PAC) has warned.’

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Legal Futures, 29th May 2024

Source: www.legalfutures.co.uk

Costs order was ‘fair’ where barrister forgot to renew his practising certificate, High Court judge finds – Law Society’s Gazette

‘Restricting the recovery of a barrister’s fees to work done while he held a practising certificate was not unfair, the High Court judge has ruled.’

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Law Society's Gazette, 28th May 2024

Source: www.lawgazette.co.uk

Standish – the Narrowing of ‘Matrimonialisation’ – Financial Remedies Journal

‘In L v L [2021] EWFC B83 His Honour Judge Booth (sitting as a judge of the High Court) stated at [26] he had been referred to the concept of “matrimonialisation” but it was “a word that I hope will not acquire common usage”. Although not a word in the Oxford English Dictionary, His Honour Judge Booth’s hope has not come to fruition. In Standish v Standish [2024] EWCA 567 Richard Todd KC (for the appellant wife) invited the court (at [71]) to “remove [the category of matrimonialised assets] from the lexicon of the law on financial remedies” and Timothy Bishop KC (for the respondent husband) suggested (at [93]) “the court might consider whether this concept merits being maintained at all”. However Moylan LJ (in a judgment with whom King and Phillips LJJs both agreed) stated at [161] the answer to “the question raised by both parties, namely whether the whole concept of matrimonialisation should no longer be applied”, was “it should continue to be applied”.’

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Financial Remedies Journal, 28th May 2024

Source: financialremediesjournal.com

Semi-pro footballers jailed for £260m drug plot – BBC News

‘Six semi-professional footballers who formed a drugs gang to supply cocaine have been jailed.’

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BBC News, 28th May 2024

Source: www.bbc.co.uk

Torquay brothers jailed for manslaughter – BBC News

Posted May 29th, 2024 in homicide, imprisonment, news, offensive weapons, sentencing by sally

‘Two brothers who attacked a man in a row over a designer bag have been jailed for manslaughter.’

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BBC News, 28th May 2024

Source: www.bbc.co.uk

Martha’s Rule to be rolled out in hospitals – BBC News

‘A scheme has been launched following the death of a 13-year-old who was not admitted to intensive care despite concerns being raised by her family. NHS England has worked with the parents of Martha Mills, who died from sepsis , externalin 2021. An inquest, external said Martha could have survived had her care been better.’

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BBC News, 28th May 2024

Source: www.bbc.co.uk

Pensioner fined for huge pile of scrap metal – BBC News

Posted May 29th, 2024 in environmental health, environmental protection, fines, news, waste by sally

‘A pensioner has been fined thousands of pounds for illegally storing waste, including scrapped cars, at a site in Somerset.’

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BBC News, 29th May 2024

Source: www.bbc.co.uk

Rebekah Vardy and Coleen Rooney’s ‘Wagatha Christie’ case returns to High Court – The Independent

Posted May 29th, 2024 in costs, defamation, media, news, privacy, sport by sally

‘Rebekah Vardy and Coleen Rooney have taken the “Wagatha Christie” case back to court for a further hearing over soaring costs.’

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The Independent, 28th May 2024

Source: www.independent.co.uk

Angela Rayner cleared of criminal wrongdoing over sale of home – The Guardian

‘Angela Rayner has been cleared of criminal wrongdoing over claims she avoided tax on the sale of a home, with the Labour deputy leader criticising what she called the “desperate tactics” of Conservative MPs who urged police to investigate.’

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The Guardian, 28th May 2024

Source: www.theguardian.com

Stalker jailed over repeatedly stabbing pregnant ex-girlfriend in street in Aberfan – The Independent

‘A knifeman who attacked his pregnant ex-girlfriend after she’d dropped her children off at school has been jailed for attempted murder.’

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The Independent, 28th May 2024

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted May 28th, 2024 in law reports by sally

Court of Appeal (Civil Division)

Shovlin v Site Civils and Surfacing Ltd & Anor [2024] EWCA Civ 585 (24 May 2024)

Sandoz AG & Ors v Bayer Intellectual Property GmbH & Ors [2024] EWCA Civ 562 (24 May 2024)

Boohene & Ors v The Royal Parks Ltd [2024] EWCA Civ 583 (24 May 2024)

Rhine Shipping DMCC v Vitol SA [2024] EWCA Civ 580 (23 May 2024)

Standish v Standish [2024] EWCA Civ 567 (23 May 2024)

Solicitors Regulation Authority Ltd v Khan & Ors [2024] EWCA Civ 531 (23 May 2024)

A, Re (Covert Medication: Residence) [2024] EWCA Civ 572 (23 May 2024)

High Court (Administrative Court)

Oji, R (On the Application Of) v The Director of Legal Aid Casework [2024] EWHC 1281 (Admin) (24 May 2024)

Tarbuc v Bunyan (List Officer) [2024] EWHC 897 (Admin) (24 May 2024)

Weiss & Anor, R (On the Application Of) v Westminster Magistrates’ Court [2024] EWHC 1256 (Admin) (24 May 2024)

New Hope Care Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1270 (Admin) (24 May 2024)

Hegazey v Concepcion Espejel Jorquera (Spain) [2024] EWHC 1280 (Admin) (24 May 2024)

Dennis & Anor v Head Start Day Nursery Ltd & Anor [2024] EWHC 1248 (Admin) (23 May 2024)

Parkes, R (On the Application Of) v Dorset Council [2024] EWHC 1253 (Admin) (23 May 2024)

McPhee, R (On the Application Of) v Secretary of State for Justice [2024] EWHC 1247 (Admin) (23 May 2024)

Dutta v General Medical Council [2024] EWHC 1217 (Admin) (23 May 2024)

Court (Chancery Division)

Financial Conduct Authority v London Property Investments (UK) Ltd (t/a LPI Emergency Property Finance) & Ors [2024] EWHC 1276 (Ch) (24 May 2024)

Tropical Zoo Ltd v Mayor and Burgesses of the London Borough of Hounslow [2024] EWHC 1240 (Ch) (24 May 2024)

Wade & Anor v Singh & Ors [2024] EWHC 1203 (Ch) (24 May 2024)

High Court (Commercial Court)

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2024] EWHC 1263 (Comm) (24 May 2024)

Gordiy v Dorofejeva & Anor [2024] EWHC 1273 (Comm) (24 May 2024)

High Court (Family Division)

N (A Child) (Ukraine: Art. 13 (b)) (No. 2), Re [2024] EWHC 1282 (Fam) (24 May 2024)

High Court (King’s Bench Division)

High Speed Two (HS2) Ltd & Anor v Persons Unknown & Ors [2024] EWHC 1277 (KB) (24 May 2024)

Vine v Barton (Re Preliminary Issues) [2024] EWHC 1268 (KB) (24 May 2024)

Unity Plus Healthcare Ltd v Clay & Ors (Re Preliminary Issues) [2024] EWHC 1278 (KB) (24 May 2024)

High Court (Technology and Construction Court)

Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd & Ors [2024] EWHC 1257 (TCC) (23 May 2024)

Dawnvale Cafe Components Ltd v Hylgar Properties Ltd [2024] EWHC 1199 (TCC) (20 May 2024)

Source: www.bailii.org

Disposal of open space – Local Government Lawyer

Posted May 28th, 2024 in judicial review, leases, local government, London, news, parks, sport, trusts by sally

‘The High Court has rejected a challenge to the lease by a London borough of part of a park to Tottenham Hotspur FC for a women’s and girls’ football academy. Matt Hutchings KC explains why.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

Limitation in public contracts challenges – Local Government Lawyer

Posted May 28th, 2024 in contracting out, limitations, news, public procurement, regulations by sally

‘The High Court has handed down an important judgment, providing extensive guidance on the correct interpretation and application of a number of aspects of the rules governing limitation in respect of challenges to the award of public contracts under the Public Contracts Regulations 2015 (“the PCR”). Joseph Barrett KC examines the ruling.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

DCOs and the need for development – Local Government Lawyer

Posted May 28th, 2024 in airports, judicial review, news, planning by sally

‘The Court of Appeal recently refused an appeal against a High Court’s decision to dismiss a judicial review of the grant of development consent for Manston Airport. Barristers at Francis Taylor Building analyse the ruling.’

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Local Government Lawyer, 24th May 2024

Source: www.localgovernmentlawyer.co.uk

Nicholas Kilford: Interpreting The Devolution Statutes – UK Constitutional Law Association

Posted May 28th, 2024 in devolution, news, statutory interpretation by sally

‘Throughout the life of devolution, the courts appear to have diverged on how to properly determine the scope and limits of devolved lawmaking power, and the extent to which norms and principles not expressly contained in the text of the devolution statutes can usefully sculpt or inform those statutes’ interpretation.’

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UK Constitutional Law Association, 28th May 2024

Source: ukconstitutionallaw.org

Operation Stovewood: Rotherham taxi driver guilty of raping two young girls – Crown Prosecution Service

Posted May 28th, 2024 in child abuse, news, rape, sexual offences, taxis by sally

‘A former taxi driver has been found guilty of committing child sex offences against two underage girls during the 2000s.’

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Crown Prosecution Service, 24th May 2024

Source: www.cps.gov.uk

Banking fraudster sentenced – Crown Prosecution Service

Posted May 28th, 2024 in banking, loans, news, pensions, sentencing by sally

‘A banking fraudster has been sentenced for making fake applications to banks and a pension company to obtain loans, banking, and pension facilities, totalling around £178,000 in potential losses.’

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Crown Prosecution Service, 24th May 2024

Source: www.cps.gov.uk

BSB launches Anti-Racist Strategy for 2024-27 for its people – Bar Standards Board

Posted May 28th, 2024 in barristers, news, racism by sally

‘Following on from the publication of its Anti-Racist Statement in 2020, the BSB has now launched its Anti-Racist Strategy covering the period 2024-2027. This new Strategy sets our internal commitment to anti-racism in how the BSB operates with its people, outlining how we intend to lead by example by setting and meeting high standards in our own approach.’

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Bar Standards Board, 22nd May 2024

Source: www.barstandardsboard.org.uk

Man fails in bid to end French civil partnership in England – Law Society’s Gazette

Posted May 28th, 2024 in choice of forum, civil partnerships, divorce, France, jurisdiction, news by sally

‘A man born in England has lost his bid to have the Family Court here oversee the dissolution of his French civil partnership.’

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Law Society's Gazette, 24th May 2024

Source: www.lawgazette.co.uk