Current Awareness

‘In TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin), Jonathan Glasson KC, sitting as a Deputy Judge of the High Court, quashed the council’s assessment and care planning decision, concluding that the decision making in relation to the care package was “flawed”.’

Full Story

Local Government Lawyer, 7th December 2023

Source: www.localgovernmentlawyer.co.uk

Police still victim blaming in grooming gang cases, watchdog finds – The Guardian

Posted December 8th, 2023 in child abuse, children, inquiries, news, ombudsmen, police, sexual grooming, sexual offences, victims by michael

‘The inquiry by HM Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) comes more than a decade after scandals in Rotherham and Rochdale came to light, revealing failings by the authorities that left gangs of men free to attack vulnerable young girls.’

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The Guardian, 8th December 2023

Source: www.theguardian.com

Prince Harry loses battle to get Mail on Sunday defence thrown out in libel case – BBC News

Posted December 8th, 2023 in defamation, freedom of expression, media, news, police, royal family by michael

‘Prince Harry has lost an attempt to get part of the Mail on Sunday publishers’ defence thrown out in a libel case.’

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BBC News, 8th December 2023

Source: www.bbc.co.uk

UK’s top mobile firms face £3.3bn class action lawsuit over ‘loyalty penalties’ – The Guardian

Posted December 8th, 2023 in class actions, compensation, consumer protection, news, telecommunications by michael

‘The UK’s biggest mobile phone companies face a £3.3bn class action lawsuit alleging that long-standing customers are being ripped off by “loyalty penalties”, under which the same services are offered to new customers at a better price to lure them from rivals.’

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The Guardian, 7th December 2023

Source: www.theguardian.com

Met Police: Ex-officers sentenced over racist WhatsApp posts – BBC News

Posted December 7th, 2023 in internet, news, police, racism, sentencing, suspended sentences, telecommunications by michael

‘Six former Metropolitan Police officers have been given suspended prison sentences for sending racist, sexist and homophobic messages on WhatsApp, after a BBC Newsnight investigation.’

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BBC News, 7th December 2023

Source: www.bbc.co.uk

‘Everything is in jeopardy’: how new UK visa rules are tearing families apart – The Guardian

Posted December 7th, 2023 in families, immigration, news, regulations, remuneration, visas by michael

‘Rebecca, 28, a full-time PhD student in biosciences from Liverpool, and her partner, an Australian national working in higher education, are among thousands of couples facing separation and financial uncertainty because of the government’s decision to overhaul immigration rules. Among those affected will be skilled workers, international students, health and care workers from overseas and their family members.’

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The Guardian, 7th December 2023

Source: www.theguardian.com

Grenfell firefighters to receive council compensation – BBC News

Posted December 7th, 2023 in compensation, fire, fire services, local government, news by michael

‘More than 100 firefighters who tackled the Grenfell Tower blaze will receive compensation from Kensington and Chelsea Council.’

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BBC News, 7th December 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 7th, 2023 in legislation by michael

SI 2023/1335 – The Strikes (Minimum Service Levels: Passenger Railway Services) Regulations 2023

SI 2023/1322 – The Civil Legal Aid (Remuneration) (Amendment) Regulations 2023

SI 2023/1317 – The Green Gas Support Scheme (Amendment) Regulations 2023

SI 2023/1316 – The Financial Services and Markets Act 2023 (Resolution of Central Counterparties: Partial Property Transfers and Safeguarding of Protected Arrangements) Regulations 2023

SI 2023/1313 – The Resolution of Central Counterparties (Modified Application of Corporate Law and Consequential Amendments) Regulations 2023

SI 2023/1312 – The Pensions (Pension Protection Fund Compensation) (Northern Ireland) Regulations 2023

SI 2023/1311 – The Charitable Incorporated Organisations (Notification Requirements: Social Housing) Regulations 2023

SI 2023/1310 – The Occupational Pension Schemes (Amendment) (Equal Treatment) (Northern Ireland) Regulations 2023

SI 2023/1309 – The Pensions Act 2004 (Amendment) (Pension Protection Fund Compensation) Regulations 2023

SI 2023/1308 – The Pensions Act 2004 and the Equality Act 2010 (Amendment) (Equal Treatment by Occupational Pension Schemes) Regulations 2023

SI 2023/1307 – The Branded Health Service Medicines (Costs) (Amendment) (No. 2) Regulations 2023

SI 2023/1306 – The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) (No. 2) Regulations 2023

SI 2023/1301 – The Political Parties, Elections and Referendums Act 2000 (Non-Party Campaigner Code of Practice) (Appointed Day) Order 2023

SI 2023/1300 – The Public Interest Merger Reference (Telegraph Media Group Ltd) (Pre-emptive Action) Order 2023

SI 2023/1299 – The Returning Officers (Parliamentary Constituencies) (England and Wales) Order 2023

SI 2023/1298 – The Greater London Authority (Consolidated Council Tax Requirement Procedure) Regulations 2023

SI 2023/1287 – The Intellectual Property (Exhaustion of Rights) (Amendment) Regulations 2023

SI 2023/1285 – The Design Right, Artist’s Resale Right and Copyright (Amendment) Regulations 2023

SI 2023/1280 – The Tribunal Procedure (Amendment No. 2) Rules 2023

Source: www.legislation.gov.uk

Ruth Perry: ‘Intimidating’ Ofsted inspection contributed to headteacher’s death, coroner concludes – The Independent

Posted December 7th, 2023 in inquests, news, suicide, teachers by michael

‘A coroner has concluded that a “rude and intimidating” Ofsted inspection contributed to the death headteacher of Ruth Perry.’

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The Independent, 7th December 2023

Source: www.independent.co.uk

UK Supreme Court ruling clarifies fair treatment of expert evidence at trial – OUT-LAW.com

Posted December 7th, 2023 in contracts, evidence, expert witnesses, holidays, news, Supreme Court by michael

‘A decision by the UK Supreme Court has made it clear that the principle of fairness in relation to expert evidence means a party should not entirely reserve its criticisms of an expert’s evidence for closing submissions.’

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OUT-LAW.com, 6th December 2023

Source: www.pinsentmasons.com

Colin Pitchfork: Double child murderer denied prison release – BBC News

Posted December 7th, 2023 in children, dangerous offenders, murder, news, parole by michael

‘[The Parole Board] had ruled Pitchfork could be released in June, but concerns about the danger he posed caused Justice Secretary Alex Chalk to intervene, making what is known as an “application for reconsideration” in July.’

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BBC News, 7th December 2023

Source: www.bbc.co.uk

Can the new Rwanda bill work and what could stop it? – BBC News

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘Expert lawyers who have been involved in the Rwanda case – or supported the challenge to the policy – have described new legislation as potentially setting up a politically explosive fight with both the Supreme Court and European Court of Human Rights.’

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BBC News, 6th December 2023

Source: www.bbc.co.uk

Sunak’s bill aims to block UK human rights law to save Rwanda scheme – The Guardian

Posted December 7th, 2023 in asylum, bills, human rights, immigration, international law, news, Rwanda, Supreme Court, treaties by michael

‘An emergency bill published on Wednesday will assert that ministers have the power to ignore judgments that come from Strasbourg while stopping short of leaving or “disapplying” the European convention on human rights.’

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The Guardian, 6th October 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted December 6th, 2023 in law reports by michael

Court of Appeal (Civil Division)

Industrial Cleaning Equipment (Southampton) Ltd v Intelligent Cleaning Equipment Holdings Co Ltd & Anor [2023] EWCA Civ 1451 (06 December 2023)

British Telecommunications Plc v Revenue And Customs [2023] EWCA Civ 1412 (04 December 2023)

G (Children), Re (Supervised Contact) [2023] EWCA Civ 1453 (04 December 2023)

C v M (A Child) (Abduction: Representation of Child Party) [2023] EWCA Civ 1449 (01 December 2023)

T (Abduction: Protective Measures: Agreement to Return) [2023] EWCA Civ 1415 (01 December 2023)

Competition And Markets Authority v Apple Inc & Ors [2023] EWCA Civ 1445 (30 November 2023)

Moss v The Royal Borough of Kingston-Upon-Thames & Anor [2023] EWCA Civ 1438 (30 November 2023)

Court of Appeal (Criminal Division)

Drake & Anor v R. [2023] EWCA Crim 1454 (04 December 2023)

High Court (Administrative Court)

Clarke-Holland, R (On the Application Of) v Secretary State for the Home Department & Anor [2023] EWHC 3140 (Admin) (06 December 2023)

Tortoise Media Ltd, R (On the Application Of) v Conservative and Unionist Party [2023] EWHC 3088 (Admin) (05 December 2023)

Yianoma v Bar Standards Board [2023] EWHC 3112 (Admin) (04 December 2023)

McKoy, R (on the application of) v The Secretary of State for Justice [2023] EWHC 3047 (Admin) (01 December 2023)

AM, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 3034 (Admin) (01 December 2023)

TS, R (on the application of) v The London Borough of Hackney [2023] EWHC 3063 (Admin) (01 December 2023)

Ali v The General Medical Council [2023] EWHC 2984 (Admin) (30 November 2023)

High Court (Chancery Division)

The Official Receiver & Anor v Haq & Anor [2023] EWHC 3072 (Ch) (05 December 2023)

Tonstate Group Ltd & Ors v Wojakovski [2023] EWHC 3119 (Ch) (05 December 2023)

Rued v Dormer & Anor [2023] EWHC 3118 (Ch) (05 December 2023)

Barnard v Brandon & Ors [2023] EWHC 3043 (Ch) (05 December 2023)

British Film Institute v Hall Media Group Ltd [2023] EWHC 3110 (Ch) (05 December 2023)

Allen & Anor v Sines Parks Holdings Ltd [2023] EWHC 3104 (Ch) (04 December 2023)

Bal v Attri [2023] EWHC 3103 (Ch) (04 December 2023)

Florestco Ltd v The Hillview Group Ltd & Ors [2023] EWHC 2971 (Ch) (01 December 2023)

Getty Images (US) Inc & Ors v Stability AI Ltd [2023] EWHC 3090 (Ch) (01 December 2023)

Finnan v Charles Russell Speechlys LLP [2023] EWHC 3058 (Ch) (01 December 2023)

Chedington Events Ltd v Brake & Anor [2023] EWHC 3094 (Ch) (01 December 2023)

Bahia v Sidhu & Anor [2023] EWHC 3028 (Ch) (30 November 2023)

Jewkes v Watson & Anor [2023] EWHC 2993 (Ch) (30 November 2023)

Barclays Bank UK Plc v Terry & Anor [2023] EWHC 3113 (Ch) (30 November 2023)

Piercev & Anor v Barton & Anor [2023] EWHC 3016 (Ch) (29 November 2023)

Gamenation (UK) Ltd, Re [2023] EWHC 3020 (Ch) (29 November 2023)

High Court (Commercial Court)

Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors [2023] EWHC 3134 (Comm) (06 December 2023)

Wirral Council as Administering Authority of Merseyside Pension Fund v Indivior PLC [2023] EWHC 3114 (Comm) (05 December 2023)

HRH Princess Deema Bint Sultan Bin Abdulaziz Al Saud v Gibbs [2023] EWHC 3111 (Comm) (05 December 2023)

PT Services Malta Limited v Tecnologia En Entretenimiento Caliplay S De Rl De Cv [2023] EWHC 3060 (Comm) (04 December 2023)

The Kingdom Bank Corporation v Moorwand Ltd [2023] EWHC 3069 (Comm) (01 December 2023)

High Court (King’s Bench Division)

Gap Group North East Ltd v Palmer [2023] EWHC 3061 (KB) (01 December 2023)

Dyson v MGN Ltd [2023] EWHC 3092 (KB) (01 December 2023)

Cavallari & Ors v Mercedes-Benz Group AG & Ors [2023] EWHC 3099 (KB) (01 December 2023)

Mincione v Gedi Gruppo Editoriale Spa [2023] EWHC 3029 (KB) (30 November 2023)

Source: www.bailii.org

Local plan legal challenge shot down by High Court over “hypercritical scrutiny” of planning inspector report – Local Government Lawyer

Posted December 6th, 2023 in covenants, interpretation, local government, news, planning by sally

‘A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’A High Court judge has dismissed a statutory review claim of the adoption of Waverly Borough Council’s Local Plan Part 2 over the claimants’ “hypercritical scrutiny” of a planning inspector’s report.’

Full Story

Local Government Lawyer, 5th December 2023

Source: www.localgovernmentlawyer.co.uk

No 10 finally to respond to 2017 report on Hillsborough injustices – The Guardian

Posted December 6th, 2023 in bereavement, delay, families, government departments, homicide, negligence, news, police, sport, unlawful killing by sally

‘Relatives of the 97 people killed at Hillsborough in 1989 will discover today how the government intends to respond to recommendations for widespread reform made in an official report six years ago into their experiences.’

Full Story

The Guardian, 6th December 2023

Source: www.theguardian.com

Tenants left ‘vulnerable’ over £10k unlawful fees – BBC News

Posted December 6th, 2023 in fees, housing, landlord & tenant, news by sally

‘A tenant said she and her family were left feeling “really vulnerable” after being charged unlawful fees totalling more than £10,000.’

Full Story

BBC News, 6th December 2023

Source: www.bbc.co.uk

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