Case Preview: Argentum Exploration Ltd v Republic of South Africa – UKSC Blog

Posted December 20th, 2023 in appeals, news, shipping law, Supreme Court by sally

‘In this post, David McKie, Partner, and Dany Bitar, Associate in the litigation team at CMS, preview the decision awaited from the Supreme Court in Argentum Exploration Ltd (Respondent) v Republic of South Africa (Appellant).’

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UKSC Blog, 19th December 2023

Source: ukscblog.com

Family Law Newsletter #02 – Spire Barristers

Posted December 20th, 2023 in chambers articles, families, family courts, news by sally

‘Family Law Newsletter 02; including articles from around the web, Legislation updates and Case Updates from Care Proceedings and Financial Remedy matters.’

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Spire Barristers, 28th November 2023

Source: www.spirebarristers.co.uk

Toxic Torts – Law Pod UK

‘Join chemist Professor Roy Harrison and environmental law silk David Hart, for a review of recent personal injury lawsuits where claimants seek damages for exposure to toxic substances. Despite the technical challenges, this litigation is key to environmental protection.’

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Law Pod UK, 18th December 2023

Source: audioboom.com

The New Dilemma: Can Artificial Intelligence Replace Professionals in Courts and Write Judgments in Public Law? – Lamb Chambers

Posted December 20th, 2023 in artificial intelligence, chambers articles, legal profession, news by sally

‘When discussing AI’s role in replacing advocates and writing judgments in public law cases, it is important to recognise that this involves speculation about how AI’s future development, and is not rooted in AI’s current technological capabilities.’

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Lamb Chambers, 8th November 2023

Source: www.lambchambers.co.uk

Deliberating about deliberate concealment and recklessness – Hailsham Chambers

Posted December 20th, 2023 in appeals, chambers articles, disclosure, limitations, news, Supreme Court, time limits by sally

‘The Supreme Court’s decision in Canada Square Operations Ltd v Potter [2023] UKSC 41 is a major landmark, which should be welcomed for its restoration of reasonable simplicity to what had become an unduly complex subject. In doing so, it has established that in a limitation context, “deliberate” means “deliberate” and does not mean “reckless”.’

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Hailsham Chambers, 16th November 2023

Source: www.hailshamchambers.com

Warren Burns: Men who killed man after five-year grudge jailed – BBC News

Posted December 20th, 2023 in imprisonment, murder, news, sentencing by sally

‘Two cousins who killed a man in a “sickening premeditated attack” at his home having held a grudge against him for five years have been jailed.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Churchill unties the ‘knotty’ problem posed by Halsey – Littleton Chambers

‘On 29 November 2023 the Court of Appeal gave judgment in the case of Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 which seeks to resolve the difficult issues raised by the earlier Court of Appeal decision in Halsey -v- Milton Keynes General NHS Trust [2004] EWCS Civ 576 [2004] 1 WLR 3002 and specifically the controversial and much criticised comments of Dyson LJ in paragraphs 9 and 10 of his judgment in Halsey to the effect that:

“to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court”…’

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Littleton Chambers, 29th November 2023

Source: littletonchambers.com

Adam Johnson: The Neck Guard Debate – Mountford Chambers

Posted December 20th, 2023 in chambers articles, health & safety, inquests, news, sport by sally

‘The tragic death of ice hockey player Adam Johnson on 28 October 2023 has caused considerable shock.’

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Mountford Chambers, 6th November 2023

Source: www.mountfordchambers.com

Needs Improvement: Tribunal Quashes Deficient Improvement Notice – Tanfield Chambers

Posted December 20th, 2023 in appeals, chambers articles, housing, landlord & tenant, local government, news, repairs by sally

‘Chapters 1 and 2 of the 2004 Act establish a system for the assessment and enforcement of housing standards, by which local authorities are required or empowered to take action (including serving hazard awareness, improvement, or prohibition notices) where they identify category 1 and category 2 hazards in residential premises.’

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Tanfield Chambers, 29th November 2023

Source: www.tanfieldchambers.co.uk

Cassandra Somers-Joce: Public Inquiries, the Public Record, and Governmental Accountability – UK Constitutional Law Association

Posted December 20th, 2023 in constitutional law, disclosure, government departments, inquiries, news by sally

‘“Public inquiries are one of Britain’s only growth industries,” the Financial Times has suggested recently. Research from the Institute for Government demonstrates that there were 69 public inquiries launched between 1990 and 2017, compared with 19 in the previous 30 years. Several high-profile public inquiries are open at time of writing, including the Grenfell Inquiry, the Covid-19 Inquiry, and the Post Office Horizon Inquiry. The near-constant media coverage of the Covid-19 Inquiry, chaired by Baroness Heather Hallett, serves as a reminder of the role that public inquiries play in ensuring accountability and scrutiny. Each week of the Covid-19 Inquiry has painted a fuller picture of governmental decision making during the pandemic. The Covid-19 Inquiry has, however, demonstrated the shortcomings in governmental record-keeping and disclosure, particularly with respect to decisions which were taken via private communications platforms such as WhatsApp.’

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UK Constitutional Law Association, 20th December 2023

Source: ukconstitutionallaw.org

Tiger Tiger: West End nightclub fined for caustic soda shot error – BBC News

Posted December 20th, 2023 in fines, food, health & safety, news by sally

‘A West End nightclub has been fined for accidentally serving caustic soda with tequila shots rather than salt, Westminster City Council has said.’

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BBC News, 19th December 2023

Source: www.bbc.co.uk

Man jailed for murdering ex-partner and dumping body near layby in Derbyshire – The Guardian

Posted December 20th, 2023 in domestic violence, imprisonment, murder, news, sentencing by sally

‘A man who murdered his ex-partner during an argument and dumped her body near a motorway layby has been jailed for life with a minimum of 17 years.’

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The Guardian, 19th December 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 19th, 2023 in legislation by sally

SI 2023/1402 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023

SI 2023/1400 – The Designation of Rural Primary Schools (England) Order 2023

SI 2023/1398 – The Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023

SI 2023/1397 – The Civil Procedure (Amendment No. 4) Rules 2023

SI 2023/1395 – The Civil Jurisdiction and Judgments (Saving Provision) Regulations 2023

SI 2023/1391 – The Plant Health etc. (Miscellaneous Fees) (Amendment) (England) Regulations 2023

SI 2023/1386 – The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023

SI 2023/1385 – The Counter-Terrorism and Border Security Act 2019 (Port Examination Code of Practice) Regulations 2023

SI 2023/1384 – The National Security Act 2023 (Video Recording with Sound of Interviews and Associated Code of Practice) Regulations 2023

SI 2023/1410 – The Financial Services and Markets Act 2023 (Consequential Amendments) Regulations 2023

SI 2023/1409 – The Financial Services and Markets Act 2023 (Benchmarks and Capital Requirements) (Amendment) Regulations 2023

SI 2023/1404 – The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023

SI 2023/1396 – The Local Audit and Accountability Act 2014 (Commencement No. 7, Transitional Provisions and Savings) (Amendment) Order 2023

Source: www.legislation.gov.uk

BAILII: Recent decisions

Posted December 19th, 2023 in law reports by sally

High Court (Commercial Court)

AMS Ameropa Marketing Sales AG & Anor v Ocean Unity Navigation Inc [2023] EWHC 3264 (Comm) (19 December 2023)

Tyson International Company Ltd v Partner Reinsurance Europe SE (Rev1) [2023] EWHC 3243 (Comm) (15 December 2023)

King Crude Carriers SA & Ors v Ridgebury November LLC & Ors (Re An Arbitration Claim) [2023] EWHC 3220 (Comm) (15 December 2023)

Trafigura PTE Ltd & Anor v Gupta & Ors [2023] EWHC 3184 (Comm) (15 December 2023)

Boonyaem v Pesons Unknown Category A & Ors [2023] EWHC 3180 (Comm) (14 December 2023)

Doliaa SAS & Anor v Mediterranean Shipping Company SA [2023] EWHC 3165 (Comm) (13 December 2023)

High Court (Family Division)

EC v BM [2023] EWHC 3237 (Fam) (15 December 2023)

MB v KB & Ors [2023] EWHC 3177 (Fam) (13 December 2023)

KH v MB [2023] EWHC 3194 (Fam) (13 December 2023)

D v E [2023] EWHC 3171 (Fam) (11 December 2023)

High Court (King’s Bench Division)

AXA Insurance UK PLC v Kryeziu & Ors [2023] EWHC 3233 (KB) (15 December 2023)

All England Lawn Tennis Club (Championships) Ltd & Anor v Broker 4 U Ltd & Anor [2023] EWHC 3226 (KB) (15 December 2023)

JXH v The Vicar, Parochial Church Council and Churchwardens of the Parish Church of Holcombe Rogus [2023] EWHC 3221 (KB) (15 December 2023)

Oluponle v The Home Office (Rev1) [2023] EWHC 3188 (KB) (13 December 2023)

Johnstone v Fawcett’s Garage (Newbury) Ltd [2023] EWHC 3010 (KB) (13 December 2023)

CAX v PQR [2023] EWHC 3198 (KB) (13 December 2023)

High Court (Technology and Construction Court)

Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd [2023] EWHC 3219 (TCC) (15 December 2023)

Source: www.bailii.org

Deficient enquiries and accommodation pending review – Nearly Legal

Posted December 19th, 2023 in homelessness, housing, judicial review, local government, news by sally

‘Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea (2023) EWHC 2913 (Admin). A judicial review of RBKC’s refusal to provide temporary accommodation pending section 202 review of the decision that Mr S was not homeless.’

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Nearly Legal, 17th December 2023

Source: nearlylegal.co.uk

Sammy Talalay: The Lord Chancellor, the independence of the judiciary and the rule of law – UK Constitutional Law Association

‘At the beginning of the year, this blog covered the report from the House of Lords Constitution Committee into the Lord Chancellor and the Law Officers, with Conor Casey’s post focusing in particular on the latter. This post aims to ensure that 2023 is bookended by consideration of the issues addressed in the committee’s report – and in the subsequent Lords debate on that report in July – by providing a closer look at the role of the Lord Chancellor.’

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UK Constitutional Law Association, 19th December 2023

Source: ukconstitutionallaw.org

Defra’s generic plan for river clean up unlawful – local focus on water bodies needed – UK Human Rights Blog

Posted December 19th, 2023 in environmental protection, fisheries, news, pollution, regulations, water by sally

‘This interesting case concerns a problem endemic to the manner of regulating water bodies under the Water Framework Directive and the regulations passed under it.’

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UK Human Rights Blog, 15th December 2023

Source: ukhumanrightsblog.com

A newcomer to the world of injunctions – UK Human Rights Blog

Posted December 19th, 2023 in injunctions, local government, news, travellers by sally

‘The appeal in Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47 concerned injunctions obtained by over 38 different local authorities between 2015 and 2020 to prevent unauthorised encampments by Gypsies and Travellers. These “newcomer injunctions” as they are known, are a wholly new form of injunction, granted without prior notice, against persons unidentified at time of the grant of the injunction and who have not yet performed, or even threatened to perform the acts which the injunction prohibits. They therefore apply “to potentially anyone in the world” [143(i)]. Local authorities sought to use such injunctions, due to the inefficacy of obtaining an injunction against named Gypsies or Travellers who, by the time proceedings have commenced, have left, and been replaced by another group, against whom the injunction has no effect.’

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UK Human Rights Blog, 19th December 2023

Source: ukhumanrightsblog.com

New Act – legislation.gov.uk

Posted December 19th, 2023 in legislation, national insurance by sally

2023 c. 57 – National Insurance Contributions (Reduction in Rates) Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 19th, 2023 in legislation by sally

SI 2023/1370 – The Aviation (Consumers) (Amendment) Regulations 2023

SI 2023/1369 – The Public Service Obligations in Transport Regulations 2023

SI 2023/1360 – The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2023

SI 2023/1359 – The Immigration and Nationality (Fees) (Amendment) (No. 3) Regulations 2023

SI 2023/1352 – The Social Security Additional Payments (Third Qualifying Day) Regulations 2023

SI 2023/1392 – The Designation of Schools Having a Religious Character (England) (No. 2) (Amendment) Order 2023

SI 2023/1388 – The Consular Fees (Amendment) Order 2023

SI 2023/1387 – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2023

SI 2023/1382 – The Financial Services and Markets Act 2023 (Commencement No. 4 and Transitional and Saving Provisions) (Amendment) Regulations 2023

SI 2023/1378 – The Chief Regulator of Qualifications and Examinations Order 2023

SI 2023/1375 – The Visiting Forces (Designation) Order (No. 2) 2023

SI 2023/1374 – The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2023

SI 2023/1373 – The Immigration and Asylum (Provision of Services or Facilities) (Amendment) Regulations 2023

SI 2023/1372 – The Asylum Support (Amendment) Regulations 2023

SI 2023/1371 – The Money Laundering and Terrorist Financing (Amendment) Regulations 2023

SI 2023/1361 – The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2023

SI 2023/1357 – The Non-Domestic Rating (Improvement Relief) (England) Regulations 2023

SI 2023/1356 – The Court Funds (Amendment No. 2) Rules 2023

SI 2023/1399 – The Payment and Electronic Money Institution Insolvency (Amendment) Regulations 2023

SI 2023/1394 – The Vehicle Emissions Trading Schemes Order 2023

SI 2023/1389 – The Local Government Finance Act 1988 (Calculation of Small Business Non-Domestic Rating Multiplier) (England) Regulations 2023

SI 2023/1368 – The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2023

SI 2023/1362 – The Wine (Revocation and Consequential Provision) Regulations 2023

Source: www.legislation.gov.uk