Recent Statutory Instruments – legislation.gov.uk

Posted May 4th, 2021 in legislation by tracey

The Street Works (Charges for Occupation of the Highway) (Transport for London) Order 2021

The Driving Licences (Exchangeable Licences) Order 2021

Source: www.legislation.gov.uk

New Acts – legislation.gov.uk

2021 c. 24 – Fire Safety Act 2021

2021 c. 21 – Animal Welfare (Sentencing) Act 2021

2021 c. 20 – Education (Guidance about Costs of School Uniforms) Act 2021

2021 c. 19 – Botulinum Toxin and Cosmetic Fillers (Children) Act 2021

2021 c. 18 – Prisons (Substance Testing) Act 2021

2021 c. 16 – Education and Training (Welfare of Children) Act 2021

2021 c. 15 – British Library Board (Power to Borrow) Act 2021

2021 c. 13 – Non-Domestic Rating (Public Lavatories) Act 2021

2021 c. 12 – Air Traffic Management and Unmanned Aircraft Act 2021

2021 c. 10 – Trade Act 2021

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 4th, 2021 in law reports by tracey

Supreme Court

Zabolotnyi v The Mateszalka District Court, Hungary [2021] UKSC 14 (30 April 2021)

Court of Appeal (Civil Division)

Stokoe Partnership Solicitors v Grayson & Ors [2021] EWCA Civ 626 (30 April 2021)

F & G, Re (Discharge of Special Guardianship Order) [2021] EWCA Civ 622 (30 April 2021)

Sastry & Anor v General Medical Council [2021] EWCA Civ 623 (30 April 2021)

Khan v Revenue & Customs (Rev 1) [2021] EWCA Civ 624 (30 April 2021)

S (A Child) [2021] EWCA Civ 605 (30 April 2021)

All Answers Ltd v W & Anor [2021] EWCA Civ 606 (30 April 2021)

High Court (Administrative Court)

Corbett, R (On the Application Of) v The Cornwall Council [2021] EWHC 1114 (Admin) (30 April 2021)

YZ, R (on the application of) v Chief Constable of South Wales Police [2021] EWHC 1060 (Admin) (30 April 2021)

Chief Constable of Avon and Somerset Police, R (on the application of) v Police Misconduct Tribunal & Ors [2021] EWHC 1125 (Admin) (30 April 2021)

High Court (Chancery Division)

Tonstate Group Ltd & Ors v Wojakovski & Ors [2021] EWHC 1122 (Ch) (30 April 2021)

Philip Warren & Son Ltd v Lidl Great Britain Ltd & Ors [2021] EWHC 1097 (Ch) (30 April 2021)

Eade v Hogg & Ors [2021] EWHC 1057 (Ch) (30 April 2021)

High Court (Patents Court)

Koninklijke Philips N.V. v Xiaomi Inc [2021] EWHC 1124 (Pat) (26 April 2021)

Sandoz Ltd v Bristol-Meyers Squibb Holdings Ireland Unlimited Company & Ors [2021] EWHC 1123 (Pat) (23 April 2021)

High Court (Queen’s Bench Division)

AO v The Home Office [2021] EWHC 1043 (QB) (30 April 2021)

Credit Capital Corporation Ltd v Watson & Anor [2021] EWHC 1136 (QB) (30 April 2021)

High Court (Technology and Construction Court)

Prater Ltd v John Sisk & Son (Holdings) Ltd [2021] EWHC 1113 (TCC) (30 April 2021)

Delta Fabrication & Glazing Ltd v Watkin Jones & Son Ltd [2021] EWHC 1034 (TCC) (30 April 2021)

Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd [2021] EWHC 1116 (TCC) (30 April 2021)

Source: www.bailii.org

Swastikas, employment and “religious” symbols: Horvarth – UK Law & Religion

‘Istvan Horvarth started working at the Lidl store in Telford Hadley, Shropshire, in 2013. A colleague complained that Horvarth showed him his “swastika” tattoo and in April 2019 Horvarth was sacked. In Mr I Horvarth v Lidl Great Britain Ltd [2021] ET/ 1307164/2019, he claimed unfair dismissal and discrimination based on race and/or religion or belief. He also claimed that he had been subjected to a number of incidents of harassment related to his race from approximately 2016 onwards, immediately following the Brexit referendum [3]. Following two case management hearings before Employment Judge Flood, he withdrew his claims of discrimination based on religion and/or belief and they were dismissed in a judgment dated 22 May 2020 [2].’

Full Story

UK Law & Religion, 30th April 2021

Source: lawandreligionuk.com

Cauda Equina: Tells & Tales About the “Horse’s Tail” – Ropewalk Clinical Negligence Blog

Posted May 4th, 2021 in causation, doctors, hospitals, medical treatment, negligence, news by tracey

‘Cauda equina syndrome is a rare and severe type of spinal stenosis. A narrowing of the spinal canal causes the nerves in the lower back to become severely compressed. Typically, but not exclusively, it results from a prolapsed disc bulge. The condition requires urgent hospital admission and timely surgery (usually decompression of the disc). The longer it goes untreated, the greater the chance it will result in permanent paralysis and incontinence. On that account, it leads to claims for clinical negligence, notably in respect of delayed diagnosis, whether against hospital or GP. On that account too, such claims have latterly given rise to a number of decisions by the higher courts. The purpose of this blog is to review three of them.’

Full Story

Ropewalk Clinical Negligence Blog, 29th April 2021

Source: www.ropewalk.co.uk

Rodney Brazier: Mr Johnson and His Flat – UK Constitutional Law Association

Posted May 4th, 2021 in ministers' powers and duties, news, parliament, political parties by tracey

‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’

Full Story

UK Constitutional Law Association, 4th May 2021

Source: ukconstitutionallaw.org

Immigration removal and an Article 2 inquest – UK Human Rights Blog

‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’

Full Story

UK Human Rights Blog, 29th April 2021

Source: ukhumanrightsblog.com

Council fails in appeal over direction by judge that parents and child should undergo residential assessment – Local Government Lawyer

Posted May 4th, 2021 in appeals, care orders, children, local government, news by tracey

‘A Family Court judge has rejected an appeal brought by a local authority against a case management decision by a district judge pursuant to s 38(6) of the Children Act (1989) directing that the parents and the subject child (“L”) should undergo a residential assessment.’

Full Story

Local Government Lawyer, 3rd May 2021

Source: www.localgovernmentlawyer.co.uk

Judge blasts “lamentable” applications and non-compliant skeletons – Litigation Futures

Posted May 4th, 2021 in case management, drafting, news, skeleton arguments by tracey

‘A deputy High Court judge has hit out at the “lamentable” way applications before him were prepared, including non-compliant and late skeleton arguments from counsel.’

Full Story

Litigation Futures, 4th May 2021

Source: www.litigationfutures.com

S&G lawyer wins unfair dismissal claim – but no damages – Legal Futures

Posted May 4th, 2021 in damages, employment tribunals, news, redundancy, unfair dismissal by tracey

‘A senior costs specialist at Slater & Gordon (S&G) has won a claim for unfair dismissal on one ground but an employment tribunal decided it would not be just to award him damages.’

Full Story

Legal futures, 4th May 2021

Source: www.legalfutures.co.uk

Proposals to allow electronic documents would revolutionise trade – Law Commission

‘The Law Commission has announced a consultation on proposals to allow for the legal recognition of electronic versions of documents such as bills of lading and bills of exchange. If implemented, the reforms could revolutionise global trade and bring the processes into the 21st Century. We are also considering reform of the legal treatment of cryptoassets and digital assets and today published a call for evidence as part of that process (see below).’

Full press release

Law Commission, 30th April 2021

Source: https://www.lawcom.gov.uk/proposals-to-allow-electronic-documents-would-revolutionise-trade/

Former police officer jailed for National Action membership – Crown Prosecution Service

‘A former probationary police officer has been sentenced at the Old Bailey to a total of four years and four months in prison after he was exposed as a secret member of a neo-Nazi group.’

Full Story

Crown Prosecution Service, 30th April 2021

Source: www.cps.gov.uk

Bar Council backs Charter for Black Talent – The Bar Council

Posted May 4th, 2021 in barristers, diversity, equality, minorities, news by tracey

‘The Bar Council, the barristers profession’s representative body, has today become the latest organisation to give its backing to the Charter for Black Talent in Finance and the Professions, an initiative aimed at increasing the number of talented Black professionals in senior positions in the financial and professional services sectors in the UK.’

Full Story

The Bar Council, 30th April 2021

Source: www.barcouncil.org.uk

Netflix star fined £3,000 for abusing BA staff on flight and ranting: ‘Look up who my mum is’ – The Independent

Posted May 4th, 2021 in airlines, alcohol abuse, coronavirus, fines, news, regulations by tracey

‘A Netflix reality TV star and son of a former attorney general has been fined nearly £3,000 for being abusive to staff on a flight and refusing to wear a mask.’

Full Story

The Independent, 2nd May 2021

Source: www.independent.co.uk

500 Windrush victims waiting more than a year for compensation – The Independent

Posted May 4th, 2021 in citizenship, colonies, compensation, delay, immigration, news by tracey

‘The government is being urged to remove the Windrush compensation scheme from the Home Office after new data showed 214 applicants have been waiting more than 18 months and five people more than two years.’

Full Story

The Independent, 2nd May 2021

Source: www.independent.co.uk

Hospitality bosses lose court battle over indoor opening – BBC News

Posted May 4th, 2021 in coronavirus, food, licensed premises, news, regulations by tracey

‘Hospitality bosses have lost a legal challenge for a faster reopening for indoor dining in England.’

Full Story

BBC News, 3rd May 2021

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted April 30th, 2021 in cosmetic surgery, financial regulation, legislation by tracey

Botulinum Toxin and Cosmetic Fillers (Children) Act 2021

Financial Services Act 2021

Source: www.legisaltion.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 30th, 2021 in legislation by tracey

The Marriage (Authorised Persons) Regulations 2021

The Marriage (Keeping of Records in Churches and Chapels) Regulations 2021

The Bank for International Settlements (Immunities and Privileges) Order 2021

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 11) Order 2021

The Nursing and Midwifery (European Qualifications) (Amendment) Regulations 2021

The G7 Presidency (Immunities and Privileges) Order 2021

The Civil Aviation Act 1982 (Overseas Territories) Order 2021

The Assured Tenancies and Agricultural Occupancies (Forms) (Moratorium Debt) (Consequential Amendment) (England) Regulations 2021

Source: www.legisaltion.gvo.uk

BAILII: Recent Decisions

Posted April 30th, 2021 in law reports by tracey

Court of Appeal (Civil Division)

TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619 (29 April 2021)

High Court (Administrative Court)

ST & Anor v Secretary of State for the Home Department [2021] EWHC 1085 (Admin) (29 April 2021)

Bacau District Court Romania v Iancu [2021] EWHC 1107 (Admin) (29 April 2021)

Carlos, R (On the Application Of) v Secretary of State for the Home Department [2021] EWHC 986 (Admin) (29 April 2021)

High Court (Chancery Division)

Koza Ltd & Anor v Koza Altin Isletmeleri As [2021] EWHC 1098 (Ch) (29 April 2021)

PJSC Bank Finance and Credit, Re (Cross-Border Insolvency Regulations 2006) [2021] EWHC 1100 (Ch) (29 April 2021)

High Court (Commercial Court)

Olympic Council of Asia v Novans Jets LLP [2021] EWHC 1063 (Comm) (30 April 2021)

Global Display Solutions Ltd & Ors v NCR Financial Solutions Group Ltd & Anor [2021] EWHC 1119 (Comm) (29 April 2021)

Hicks v 89 Holland Park (Management) Ltd [2021] EWHC 930 (Comm) (29 April 2021)

High Court (Queen’s Bench Division)

Jamieson v Wurttembergische Versicherung Ag & Anor [2021] EWHC 1111 (QB) (30 April 2021)

PAL (A Child) v Davison & Ors [2021] EWHC 1108 (QB) (29 April 2021)

Source: www.bailii.org.uk

Longer jail terms and stricter monitoring as new terror laws gain Royal Assent – Ministry of Justice

‘The biggest shake-up of terrorist sentencing and monitoring in decades has been granted Royal Assent today (29 April 2021) – giving the courts, police and security services greater powers to protect the public.’

Full press release

Ministry of Justice, 29th April 2021

Source: www.gov.uk/government/organisations/ministry-of-justice