A knotty problem: Churchill v Merthyr Tydfil Council – Local Government Lawyer

‘The Court of Appeal has handed down its ruling in a test case on compulsory ADR. Elizabeth England analyses the judgment.’

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Local Government Lawyer, 29th November 2023

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 1st, 2023 in legislation by tracey

SI 2023/1273 – The Financial Services and Markets Act 2023 (Panel Remuneration and Reports) Regulations 2023

SI 2023/1270 – The State Pension Debits and Credits (Revaluation) Order 2023

SI 2023/1269 – The State Pension Revaluation for Transitional Pensions Order 2023

SI 2023/1254 – The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2023

SI 2023/1281 – The Public Order Act 2023 (Commencement No. 2) (England and Wales) Regulations 2023

SI 2023/1286 – The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023

SI 2023/1279 – The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) (No. 2) Order 2023

SI 2023/1283 – The Carer’s Leave Act 2023 (Commencement) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 1st, 2023 in law reports by tracey

Supreme Court

Wolverhampton City Council & Ors v London Gypsies and Travellers & Ors [2023] UKSC 47 (29 November 2023)

TUI UK Ltd v Griffiths [2023] UKSC 48 (29 November 2023)

Imam, R (on the application of) v London Borough of Croydon [2023] UKSC 45 (28 November 2023)

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023)

Court of Appeal (Civil Division)

Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 (29 November 2023)

Humphrey & Anor v Bennett [2023] EWCA Civ 1433 (29 November 2023)

Court of Appeal (Criminal Division)

Wiseman v Rex [2023] EWCA Crim 1363 (29 November 2023)

High Court (Administrative Court)

Elliott Associates LP & Anor, R (On the Application Of) v The London Metal Exchange & Anor [2023] EWHC 2969 (Admin) (29 November 2023)

Adan, R (On the Application Of) v The Secretary of State for Justice [2023] EWHC 3059 (Admin) (29 November 2023)

Newcastle United Football Company Ltd v Revenue & Customs [2023] EWHC 3021 (Admin) (29 November 2023)

Total Sprint Ltd v Swale Borough Council [2023] EWHC 2968 (Admin) (29 November 2023)

Suez Recycling And Recovery UK Ltd, R (On the Application Of) v Environment Agency [2023] EWHC 3012 (Admin) (28 November 2023)

House & Anor v Waverley Borough Council & Anor [2023] EWHC 3011 (Admin) (28 November 2023)

Kent County Council, R. (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 3030 (Admin) (28 November 2023)

High Court (Chancery Division)

Lehman Brothers Holdings Plc, Re [2023] EWHC 3056 (Ch) (29 November 2023)

Old Park Capital Maestro Fund Ltd v Old Park Capital Ltd & Ors [2023] EWHC 3057 (Ch) (28 November 2023)

High Court (Commercial Court)

Canon Medical Systems Ltd v The Imaging Centre Assets Ltd & Ors [2023] EWHC 3007 (Comm) (30 November 2023)

Gordiy v Dorofejeva & Anor [2023] EWHC 3036 (Comm) (29 November 2023)

Infinity Reliance Ltd (t/a My 1st Years) v Heath Crawford Ltd [2023] EWHC 3022 (Comm) (28 November 2023)

High Court (King’s Bench Division)

Payone GmbH v Logo [2023] EWHC 3038 (KB) (30 November 2023)

Price v Newsquest Media Group Ltd [2023] EWHC 3027 (KB) (29 November 2023)

Source: www.bailii.org

Newham v Chaplair: the lessons to be learned – Local Government Lawyer

‘Archie Maddan explains what was involved in the first successful prosecution of a tower block owner for failure to remove flammable cladding.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

Biodiversity net gain and planning permission – Local Government Lawyer

‘A refusal of planning permission for a quarry has been quashed over an error on biodiversity net gain. Jenny Wigley KC looks at the lessons from the case.’

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Local Government Lawyer, 1st December 2023

Source: www.localgovernmentlawyer.co.uk

Reforms bring hope to rehabilitated people still serving abolished indefinite sentences – Ministry of Justice

‘Thousands of rehabilitated ex-prisoners serving long-since abolished indefinite sentences will become eligible to have their licence period terminated earlier as part of new reforms.’

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Ministry of Justice, 28th December 2023

Source: www.gov.uk

Some lawyers’ conduct poses “significant risk to the rule of law” – Legal Futures

Posted December 1st, 2023 in barristers, legal profession, news, rule of law, solicitors by tracey

‘Lawyers can sometimes be “too inclined” to act unethically or use a “mistaken” adherence to an overly narrow view of the rule of law to justify questionable conduct, major new research has said.’

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Legal Futures, 1st December 2023

Source: www.legalfutures.co.uk

Nearly half of Bar students now from ethnic minority backgrounds – Legal Futures

Posted December 1st, 2023 in barristers, diversity, equality, legal education, news, pupillage, statistics by tracey

‘Nearly half of UK students on the Bar training course are now from ethnic minority backgrounds, compared to a quarter a decade ago, according to new figures.’

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Legal Futures, 1st December 2023

Source: www.legalfutures.co.uk

Law Commission to review defences in cases of domestic homicide – Law Commission

Posted December 1st, 2023 in domestic violence, homicide, Law Commission, murder, news, statute law revision by tracey

‘The Law Commission today announces a new project that will review the use of defences in domestic homicide cases. The Law Commission has been asked to do this work by the Government in their response to Clare Wade KC’s Domestic Homicide Sentencing Review.’

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Law Commission, 29th November 2023

Source: lawcom.gov.uk

Laws on Burial, Cremation and New Funerary Methods to be reviewed – Law Commission

Posted December 1st, 2023 in burials and cremation, Law Commission, news, statute law revision by tracey

‘The Law Commission today announces details of its review of the law governing how we deal with the bodies of loved ones when they die.’

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Law Commission, 30th November 2023

Source: lawcom.gov.uk

World first agreement to tackle online fraud – Home Offfice

Posted December 1st, 2023 in fraud, government departments, internet, news by tracey

‘The UK government and some of the world’s biggest tech companies have agreed a series of pledges to protect the public from online fraud.’

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Home Office, 30th November 2023

Source: www.gov.uk

Haulage boss jailed seven years for his role in people-smuggling network linked to Essex lorry deaths – Crown Prosecution Service

‘A haulage boss has been jailed today for his involvement in a people-smuggling network linked to the tragic deaths of 39 Vietnamese men, women and children in Essex.’

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Crown Prosecution Service, 30th November 2023

Source: www.cps.gov.uk

Met Police officer cleared after Tasering girl, 10 – BBC News

Posted December 1st, 2023 in children, disciplinary procedures, firearms, news, police, professional conduct by tracey

‘A Met officer who Tasered a 10-year-old girl twice after she threatened her mother with garden shears has been cleared of gross misconduct.’

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BBC News, 30th November 2023

Source: www.bbc.co.uk

Leasehold ban not included in housing reform law – BBC News

Posted December 1st, 2023 in bills, housing, landlord & tenant, leases, news by tracey

‘The UK government’s proposed ban on the sale of new leasehold houses has not been included in its bill to reform housing rights.’

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BBC News, 30th November 2023

Source: www.bbc.co.uk

Father who saw toddler daughter killed by runaway Range Rover fighting to close legal loophole – The Independent

‘The father of a one-year-old girl killed by a runaway car says he’ll never stop fighting for a change in the law after the driver was not prosecuted due to a “loophole” in the legal system.’

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The Independent, 29th November 2023

Source: www.independent.co.uk

Ecclesiastical court judgments – November – Law & Religion UK

‘Eleven consistory court judgments were circulated in November and relate to reordering, exhumation, and churchyards.’

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Law & Religion UK, 30th November 2023

Source: lawandreligionuk.com

Frinton-on-Sea bigamist gets suspended term for ‘cruel deception’ – BBC News

Posted November 30th, 2023 in bigamy, guilty pleas, news, sentencing, suspended sentences by sally

‘A man who admitted to the “cruel deception” of bigamy has been handed a suspended jail term and placed on curfew.’

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BBC News, 29th November 2023

Source: www.bbc.co.uk

Deputy High Court judge orders London borough to provide accommodation pending completion of review of homelessness decision – Local Government Lawyer

Posted November 30th, 2023 in homelessness, housing, judicial review, local government, mental health, news by sally

‘The Royal Borough of Kensington & Chelsea acted unfairly in rejecting a request for accommodation by a man with mental health problems pending the outcome of his statutory review request of the defendant council’s earlier decision that he was not homeless, the High Court has found.’

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Local Government Lawyer, 30th November 2023

Source: www.localgovernmentlawyer.co.uk

MoJ identifies where, but not why, OIC cases are being delayed – Legal Futures

Posted November 30th, 2023 in delay, electronic filing, insurance, Ministry of Justice, news, personal injuries by sally

‘The period between a liability decision and the insurer making a first offer is where the ever-lengthening delays in the Official Injury Claim (OIC) portal are occurring, the Ministry of Justice (MoJ) said yesterday.’

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Legal Futures, 30th November 2023

Source: www.legalfutures.co.uk

NHS England faces lawsuit over patient privacy fears linked to new data platform – The Guardian

Posted November 30th, 2023 in data protection, health, hospitals, news, privacy by sally

‘The NHS has been accused of “breaking the law” by creating a massive data platform that will share information about patients.’

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The Guardian, 30th November 2023

Source: www.theguardian.com