Supreme Court rules on “shock” in clinical negligence cases – Law Pod UK

‘The Supreme Court has ruled out claims for physicatric harm suffered by family members witnessing death or serious injury as a result of medical negligence. Rosalind English talks to Judith Rogerson of 1 Crown Office Row about the implication of this ruling.’

Full Story

Law Pod UK, 1st February 2024

Source: audioboom.com

Joint enterprise law: MP’s bill seeks to stop innocent bystanders being jailed – The Guardian

Posted February 2nd, 2024 in bills, criminal justice, gangs, homicide, joint enterprise, murder, news, Supreme Court by sally

‘A proposed amendment to English law could stop innocent people being imprisoned under the controversial joint enterprise doctrine.’

Full Story

The Guardian, 1st February 2024

Source: www.theguardian.com

Brianna Ghey: Why teenagers who killed her can be named – BBC News

‘Two teenagers who murdered 16-year-old Brianna Ghey after devising a “kill list” of children to target will be named for the first time today.’

Full Story

BBC News, 2nd February 2024

Source: www.bbc.co.uk

Lawyers raise alarm at struggle to tackle UK local government corruption – The Guardian

Posted February 2nd, 2024 in corruption, fraud, legal profession, local government, news, statistics by sally

‘Lawyers have raised alarm at the lack of oversight in local government, as a Guardian analysis found almost one in 10 councils in the UK have been subject to a corruption investigation in the past decade.’

Full Story

The Guardian, 2nd February 2024

Source: www.theguardian.com

I’ve fought for years to report what really goes on in family courts. At last, journalists can – Louise Tickle – The Guardian

Posted February 1st, 2024 in family courts, media, news, pilot schemes, reporting restrictions by sally

‘Allowing journalists to report on hearings is welcome. Now editors need to give them the resources to be able to tell these complex stories properly.’

Full Story

The Guardian, 31st January 2024

Source: www.theguardian.com

The legality of the new minimum income requirement – EIN Blog

Posted February 1st, 2024 in families, human rights, news, remuneration, social security by sally

‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’

Full Story

EIN Blog, 31st January 2024

Source: www.ein.org.uk

DPP appeals to supreme court in case of protesters who called MP ‘Tory scum’ – The Guardian

‘The director of public prosecutions is appealing to the supreme court in an ongoing and expensive battle to overturn the acquittal of two protesters found to have acted reasonably in calling Iain Duncan Smith “Tory scum”.’

Full Story

The Guardian, 31st January 2024

Source: www.theguardian.com

Kenneth Armstrong: The First Statutory Report on Retained EU Law – UK Constitutional Law Association

Posted February 1st, 2024 in brexit, EC law, news, reports, statute law revision by sally

‘Successive UK Governments have promised to regulate less, better or smarter to promote economic growth and competitiveness while protecting consumers, workers and the environment. Relatively low visibility reviews and reports – recast and relaunched over time – have belied the public politics of “burning red tape”. But as the fireworks faded over Westminster as 2024 began, you could be forgiven for thinking that the lingering smoke was from the incineration of swathes of regulation produced during EU membership and revoked by the Retained EU Law (Revocation and Reform) Act 2023. Quite how big this bonfire really is, and how much is smoke and mirrors, is quantified in the first six-monthly statutory report to Parliament under section 17 of the Act and published on 22 January 2024. This post examines what we do and do not learn from this report about what is really changing in UK regulatory policy.’

Full Story

UK Constitutional Law Association, 29th January 2024

Source: ukconstitutionallaw.org

Builder jailed for killing Dudley woman who hired him for extension – The Guardian

Posted February 1st, 2024 in murder, news, sentencing by sally

‘A builder who killed a customer in a brutal hammer attack after “chronic” delays in building an extension to her home has been jailed for life.’

Full Story

The Guardian, 31st January 2024

Source: www.theguardian.com

Criminal legal aid “coming apart at the seams”, High Court says – Legal Futures

‘Two High Court judges have described the system of criminal legal aid as “slowly coming apart at the seams” and reliant on solicitors’ goodwill and sense of public duty.’

Full Story

Legal Futures, 1st February 2024

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 1st, 2024 in legislation by sally

SI 2024/111 – The Local Government Finance Act 1988 (Prescription of Non-Domestic Rating Multipliers) (England) Regulations 2024

SI 2024/108 – The Electricity and Gas (Standards of Performance) (Suppliers) (Amendment) Regulations 2024

SI 2024/107 – The Data Reporting Services Regulations 2024

SI 2024/114 – The Financial Services Act 2021 (Overseas Funds Regime and Recognition of Parts of Schemes) (Amendment and Modification) Regulations 2024

SI 2024/104 – The Building Safety Act 2022 (Commencement No. 7 and Transitional Provisions) Regulations 2024

SI 2024/100 – The Online Safety (List of Overseas Regulators) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 1st, 2024 in law reports by sally

Supreme Court

Potanina v Potanin [2024] UKSC 3 (31 January 2024)

High Court (Administrative Court)

Imani v General Dental Council [2024] EWHC 132 (Admin) (31 January 2024)

Law Society of England and Wales, R (On the Application Of) v The Lord Chancellor [2024] EWHC 155 (Admin) (31 January 2024)

SK, R (On the Application Of) v Royal Borough of Windsor and Maidenhead [2024] EWHC 158 (Admin) (31 January 2024)

High Court (Chancery Division)

Mercy Global Consult Ltd v Adegbuyi-Jackson & Ors (Re Consequential Matters) [2024] EWHC 171 (Ch) (31 January 2024)

Jaffer v Jaffer & Ors (Re The World Federation of the Khoja Shia Ithna-Asheri Muslim Communities and the Charities Act 2011) [2024] EWHC 135 (Ch) (31 January 2024)

Baldudak v Matteo [2024] EWHC 167 (Ch) (31 January 2024)

High Court (King’s Bench Division)

Santander Consumer (UK) PLC v Chaudhry [2024] EWHC 170 (KB) (31 January 2024)

Nightingale & Anor v Bromford Housing Association Ltd [2024] EWHC 136 (KB) (31 January 2024)

Lunn v Antarctic Logistics Centre International (Pty) Ltd (No. 2) [2024] EWHC 169 (KB) (31 January 2024)

Source: www.bailii.org

Legal action launched against ‘rip-off’ secret commissions on UK firms’ energy bills – The Guardian

Posted February 1st, 2024 in class actions, energy, fees, news, small businesses, third parties by sally

‘Businesses across the UK have been forced to pay an extra 10% on average for their gas and electricity because suppliers routinely add third-party broker commissions to their bills, according to a leading litigation law firm.’

Full Story

The Guardian, 31st January 2024

Source: www.theguardian.com

The wind cries arguable case: Hendrix rights case against Sony will go to trial – Law Society’s Gazette

Posted January 31st, 2024 in artistic works, copyright, intellectual property, news, striking out by sally

‘Atrial concerning the copyright and performance rights of 1960s guitar legend Jimi Hendrix’s bandmates, bass guitarist Noel Redding and drummer “Mitch” Mitchell, is to go ahead, a judge has ruled.’

Full Story

Law Society's Gazette, 30th January 2024

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 31st, 2024 in legislation by sally

SI 2024/105 – The Public Offers and Admissions to Trading Regulations 2024

SI 2024/103 – The Public Interest Merger Reference (Telegraph Media Group Limited) (Pre-emptive Action) Order 2024

SI 2024/102 – The Securitisation Regulations 2024

SI 2024/92 – The Levelling-up and Regeneration Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 31st, 2024 in law reports by sally

Court of Appeal (Civil Division)

Braceurself Ltd v NHS England (No 2 – Substantive Appeal) [2024] EWCA Civ 39 (30 January 2024)

High Court (Administrative Court)

Director of Public Prosecutions, R (On the Application Of) v Manchester City Magistrates’ Court (Re Consequential Matters) [2024] EWHC 111 (Admin) (30 January 2024)

High Court (Commercial Court)

Ripple Markets APAC PTE Ltd v P Dot Money Ltd & Anor [2024] EWHC 156 (Comm) (30 January 2024)

ABFA Commodities Trading Ltd v Petraco Oil Company SA [2024] EWHC 147 (Comm) (30 January 2024)

High Court (King’s Bench Division)

Viarentis Property Management Ltd & Anor v Viagefi 1 Ltd & Ors (Re Consequentials) [2024] EWHC 166 (KB) (30 January 2024)

Source: www.bailii.org

The legality of the new minimum income requirement – EIN Blog

‘The recently announced plan to increase the minimum income requirement (MIR) to £38,700 led to widespread criticism, with the government appearing to exclude all but the affluent from establishing family life in the UK. This has led to a partial policy shift, with it now announced that the threshold to sponsor a spouse will not rise to this amount until 2025, with an interim rise to £29,000 taking place in the Spring. Nonetheless, even this lower amount will be unaffordable to many families, raising questions about the compatibility of the rise with Convention rights. In R (MM) Lebanon v SSHD [2017] UKSC 10 the Supreme Court found that the initial MIR, set at £18,600, was lawful. In this post, I will highlight two key problems with the judgment, along with the failure of the MIR to restrict the social security entitlement of many affected families: the MIR’s primary justification.’

Full Story

EIN Blog, 31st January 2024

Source: www.ein.org.uk

Aradhya Sethia: Constitutional Accountability, Intra-party Processes, and Tortoise Media – UK Constitutional Law Association

Posted January 31st, 2024 in constitutional law, news, parliament, political parties by sally

‘It is difficult to provide a satisfying account of constitutional accountability in the UK without considering the internal processes of major political parties (especially the governing party and the largest opposition party). Yet, intra-party processes often do not receive the attention of constitutional scholars. Therefore, in this blog, I will discuss the constitutional importance and the legal treatment of intra-party processes. I will start with the constitutional significance of certain intra-party processes. Subsequently, I will discuss the consequences of the existing private law status of parties. I will then comment on the amenability of intra-party processes to judicial review in light of a recent judgment delivered by Fordham J in R (Tortoise Media) v Conservative Party [2023] EWHC 3088 (Admin) (“Tortoise Media”). The blog concludes with a caution against a blanket rejection of judicial review of intra-party processes.’

Full Story

UK Constitutional Law Association, 31st January 2024

Source: ukconstitutionallaw.org

Collapsed SSB “faces up to 1,400 negligence claims” – Legal Futures

Posted January 31st, 2024 in costs, insolvency, insurance, law firms, negligence, news by sally

‘Consumer claims firm SSB Law, which went into administration earlier this month owing six litigation funders £200m, faces up to 1,400 professional negligence claims, it has emerged.’

Full Story

Legal Futures, 31st January 2024

Source: www.legalfutures.co.uk

Law firm “let down” client over bid to propound will, master rules – Legal Futures

Posted January 31st, 2024 in delay, law firms, news, probate, wills by sally

‘A daughter seeking to propound a copy of her deceased mother’s will has been “let down” by her solicitors in failing to comply with an unless order to issue proceedings, the High Court has ruled.’

Full Story

Legal Futures, 31st January 2024

Source: www.legalfutures.co.uk