Fixed costs rules not as simple as we wanted, Birss admits – Legal Futures

Posted October 30th, 2023 in civil justice, costs, news by tracey

‘The deputy head of civil justice has issued a robust defence of the new regime of fixed recoverable costs (FRCs) for cases worth up to £100,000 – while acknowledging it is not as simple as he would like.’

Full Story

Legal Futures, 30th October 2023


Details of the review into police use of force published – Home Office

Posted October 30th, 2023 in firearms, government departments, news, police by tracey

‘The terms of a review looking at whether existing legislation on police use of force and driving provides sufficient protections for those in the line of duty, and maintains public confidence in policing, have been published today (24 October 2023). The review, which was requested by the Home Secretary and will be coordinated by the Home Office, is expected to provide findings to Suella Braverman by the end of the year.’

Full Story

Home Office, 24th October 2023


Robust new laws to fight corruption, money laundering and fraud – Home Office

‘The Economic Crime and Corporate Transparency Act received Royal Assent on Thursday 26 October.’

Full Story

Home Office, 26th October 2023


£2million home and large pensions sold to repay fraudsters’ court order – Crown Prosecution Service

‘Asset Recovery prosecution specialists have recovered a further £2.7million from two defendants following one of the largest multi-million-pound VAT fraud operations brought to justice by CPS and HMRC.’

Full Story

Crown Prosecution Service, 26th October 2023


Kidnap gang jailed after subjecting men to savage torture – Crown Prosecution Service

Posted October 30th, 2023 in Crown Prosecution Service, gangs, imprisonment, kidnapping, news, sentencing by tracey

‘Members of an armed gang which kidnapped and brutally tortured a man for 27 hours have been imprisoned for between 25 and six years.’

Full Story

Crown Prosecution Service, 27th October 2023


Speech by Mr Justice Foxton: The Beatles and the Law – Courts and Tribunals Judiciary

Posted October 30th, 2023 in artistic works, contracts, copyright, damages, intellectual property, news by tracey

‘A Talk to the Liverpool Business and Property Courts Forum, The Brett Lecture Theatre, Yoko Ono Lennon Centre, University of Liverpool.’

Full speech

Full Story

Courts and Tribunals Judiciary, 24th October 2023


Victims will have say in jurisdiction of criminal cases involving armed forces – Law Society’s Gazette

‘For the first time, the views of alleged victims will be considered when deciding whether the civilian or military justice system should deal with criminal cases involving a member of the armed forces.’

Full Story

Law Society's Gazette, 27th October 2023


Court of Appeal quashes murder conviction following ‘entirely avoidable’ procedural error – Law Society’s Gazette

Posted October 30th, 2023 in appeals, criminal procedure, imprisonment, murder, news, sentencing by tracey

‘A murder conviction has been quashed for the second time due to an ‘entirely avoidable’ procedural error which Court of Appeal judges determined made the conviction unsafe.’

Full Story

Law Society's Gazette, 27th October 2023


Overseas students and workers targeted in illicit UK visa trade – The Guardian

Posted October 30th, 2023 in education, employment, government departments, immigration, news, visas by tracey

‘UK visa appointments are being booked up by brokers and sold on for hundreds of pounds in an illicit trade targeting overseas workers and students.’

Full Story

The Guardian, 29th October 2023


Child asylum seekers in UK forced to share hotel rooms with adults – The Guardian

Posted October 30th, 2023 in asylum, children, government departments, housing, immigration, news, refugees by tracey

‘Child asylum seekers are being forced to share hotel rooms with adults, as the Home Office’s new hotel “maximisation” programme begins doubling the capacity of refugee hotels by putting two strangers in roomsspaces that were previously single occupancy, a charity has warned.’

Full Story

The Guardian, 30th October 2023


St Helens woman who faked cancer and claimed £22k jailed – BBC News

Posted October 30th, 2023 in benefits, cancer, fraud, imprisonment, news, sentencing by tracey

‘A woman who lied about having cancer to fraudulently claim more than £22,000 in benefits was a “fraudster” with a “dishonest vein that runs through your body”, a judge has said.’

Full Story

BBC News, 28th October 2023


BAILII: Recent Decisions

Posted October 27th, 2023 in law reports by michael

Supreme Court

Revenue and Customs v Vermilion Holdings Ltd (Scotland) [2023] UKSC 37 (25 October 2023)

Court of Appeal (Civil Division)

Global 100 Ltd v Jimenez & Ors [2023] EWCA Civ 1243 (27 October 2023)

Dudley Metropolitan Council v Mailley [2023] EWCA Civ 1246 (27 October 2023)

easyGroup Ltd v Nuclei Ltd & Ors [2023] EWCA Civ 1247 (27 October 2023)

EY (Fact-Finding Hearing) [2023] EWCA Civ 1241 (27 October 2023)

H (Children: Placement Orders) [2023] EWCA Civ 1245 (25 October 2023

Court of Appeal (Criminal Division)

BNE, R. v [2023] EWCA Crim 1242 (27 October 2023)

Layden, R. v [2023] EWCA Crim 1207 (25 October 2023)

High Court (Administrative Court)

Fridman, R (On the Application Of) v HM Treasury [2023] EWHC 2657 (Admin) (26 October 2023)

NS, R (On the Application Of) v Secretary of State for the Home Office [2023] EWHC 2675 (Admin) (26 October 2023)

Roy v General Medical Council [2023] EWHC 2659 (Admin) (25 October 2023)

High Court (Chancery Division)

Trafalgar Multi Asset Trading Company Ltd v Hadley & Ors [2023] EWHC 2670 (Ch) (26 October 2023)

Decisive Capital Management SA v Les Geonnais Ltd & Ors [2023] EWHC 2658 (Ch) (25 October 2023)

Lawrence & Anor v Cowell & Ors [2023] EWHC 2644 (Ch) (25 October 2023)

Mortgage Five Zero Ltd v Secretary of State for Business and Trade [2023] EWHC 2654 (Ch) (25 October 2023)

Crypto Open Patent Alliance v Wright (Re POC Amendment) [2023] EWHC 2642 (Ch) (24 October 2023)

High Court (Commercial Court)

Klaturov & Anor v Revetas Capital Advisors LLP & Anor [2023] EWHC 2671 (Comm) (27 October 2023)

Clifford Chance LLP v Societe Generale SA [2023] EWHC 2682 (Comm) (27 October 2023)

High Court (Family Division)

His Majesty’s Solicitor General v Wong (Re Contempt of Court Act 1981 – Administration of Justice Act 1960 – Part 37 Family Procedure Rules 2010) [2023] EWHC 2684 (Fam) (27 October 2023)

High Court (King’s Bench Division)

Chief Constable of Kent Police & Anor v Taylor [2023] EWHC 2687 (KB) (27 October 2023)

Chief Constable of Thames Valley Police v Police Misconduct Panel [2023] EWHC 2693 (KB) (27 October 2023)

Karpichkov v National Crime Agency [2023] EWHC 2653 (KB) (27 October 2023)

Wambura & Ors v Barrick TZ Ltd & Anor [2023] EWHC 2582 (KB) (23 October 2023)

Karpasitis v Hertfordshire County Council [2023] EWHC 2614 (KB) (20 October 2023)

High Court (Patents Court)

Philip Morris Products SA & Anor v Nicoventures Trading Ltd & Anor [2023] EWHC 2616 (Pat) (25 October 2023)

Abbott Diabetes Care Incorporated & Ors v Dexcom Incorporated & Ors [2023] EWHC 2591 (Ch) (18 October 2023)


Recent Statutory Instruments –

Posted October 27th, 2023 in legislation by michael

SI 2023/1153 – The Police Act 1997 (Criminal Record Certificates: Relevant Matter) (Amendment) (England and Wales) Order 2023

SI 2023/1150 – The Representation of the People (Franchise Amendment and Eligibility Review) Regulations 2023

SI 2023/1144 – The Social Security (Habitual Residence and Past Presence, and Capital Disregards) (Amendment) Regulations 2023

SI 2023/1142 – The Allocation of Housing and Homelessness (Eligibility) (England) and Persons Subject to Immigration Control (Housing Authority Accommodation and Homelessness) (Amendment) (No. 2) Regulations 2023

SI 2023/1141 – The Mayoral and Police and Crime Commissioner Elections, Recall Petitions and Referendums (Ballot Secrecy, Candidates and Undue Influence) Regulations 2023

SI 2023/1140 – The Criminal Legal Aid (Remuneration) (Amendment) (No. 4) Regulations 2023

SI 2023/1139 – The Child Benefit and Tax Credits (Miscellaneous Amendments) Regulations 2023

SI 2023/1138 – The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

SI 2023/1135 – The Civil Legal Aid (Financial Resources and Payment for Services and Remuneration) (Amendment) Regulations 2023

SI 2023/1133 – The Airports Slot Allocation (Alleviation of Usage Requirements) (No. 2) Regulations 2023

SI 2023/1132 – The West Midlands Rail Freight Interchange (Amendment) Order 2023

SI 2023/1131 – The Official Controls (Plant Health) (Prior Notification) and Phytosanitary Conditions (Amendment) Regulations 2023

SI 2023/1130 – The Nationality and Borders Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2023

SI 2023/1129 – The Nationality and Borders Act 2022 (Consequential Amendments) Regulations 2023

SI 2023/1128 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 8) Regulations 2023

SI 2023/1127 – The Immigration (Removal Notices) Regulations 2023

SI 2023/1126 – The Countryside and Rights of Way Act 2000 (Substitution of Cut-off Date Relating to Rights of Way) (England) Regulations 2023

SI 2023/1124 – The Courts (Prescribed Recordings) Order 2023

SI 2023/1121 – The Countryside and Rights of Way Act 2000 (Commencement No. 16) Order 2023

SI 2023/1118 – The European University Institute Regulations 2023

SI 2023/1117 – The Public Procurement (Agreement on Government Procurement) (Thresholds) (Amendment) Regulations 2023

SI 2023/1116 – The Representation of the People and Recall Petition (Northern Ireland) (Amendment) Regulations 2023

SI 2023/1114 – The National Security (Prohibited Places) (Civil Nuclear) Regulations 2023

SI 2023/1112 – The Private Crossings (Signs and Barriers) Regulations 2023

SI 2023/1110 – The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2023


Just under half of children returned to live with their families as result of entering Family Drug and Alcohol Court, annual report reveals – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has published his second annual report on the Family Drug and Alcohol Courts (FDACs), of which he states he has “long been a supporter”.’

Full Story

Local Government Lawyer, 26th October 2023


Andrew Malkinson: Wrongful conviction inquiry judge pledges ‘fearless’ review – BBC News

‘A judge investigating why Andrew Malkinson spent 17 years in jail for a rape he did not commit says she will be “fearless” in seeking the truth.’

Full Story

BBC News, 26th October 2023


Barrister’s fury after legal regulator takes no action over colleagues’ foul-mouthed tweets – The Independent

‘A women’s rights barrister has hit out at the regulatory body for not taking action against colleagues who verbally abused her in foul-mouthed rants on Twitter.’

Full Story

The Independent, 26th October 2023


Online Safety Bill: divisive internet rules become law – BBC News

Posted October 27th, 2023 in bills, children, internet, news, privacy by sally

‘After years of debate, the government’s controversial Online Safety Bill, which aims to make the internet safer for children, has become law.’

Full Story

BBC News, 26th October 2023


Colchester murder: Man convicted of killing wife in kitchen – BBC News

Posted October 27th, 2023 in domestic violence, imprisonment, married persons, murder, news, sentencing by sally

‘A man has been found guilty of murdering his university lecturer wife in what jurors were told was an act of “anger and jealousy”.’

Full Story

BBC News, 26th October 2023


Religious objection to vaccination: Re WSP (A Child) – Law & Religion UK

Posted October 27th, 2023 in appeals, children, consent, human rights, Islam, news, parental responsibility, vaccination by sally

‘In WSP (A Child), Re (Vaccination: Religious Objection) [2023] EWHC 2622 (Fam), UPP, the mother of a 9-month-old boy, WSP, who had been in local authority care since March 2023, asked the Court to exercise its inherent jurisdiction to injunct the local authority from exercising its parental responsibility under s.33(3) Children Act 1989 to arrange for the child to receive several routine childhood vaccinations. She maintained that it was not in WSP’s best interests to be vaccinated and that to vaccinate him without her consent would violate her rights under Article 9 ECHR, both alone and when taken together with Article 14, as given effect by the Human Rights Act 1998. The local authority and the guardian opposed the application.’

Full Story

Law & Religion UK, 26th October 2023


UK’s data regulator issues new guidance on monitoring workers –

Posted October 27th, 2023 in employment, news, privacy by sally

‘Harriet Dwyer tells HRNews about ICO’s latest monitoring guidance which emphasises that expectations of privacy are higher at home than in the workplace.’

Full Story, 26th October 2023