Applying Begum Principles to Non-National Security Deprivation Appeals – Richmond Chambers

Posted November 23rd, 2023 in news by sally

‘In its OPEN Judgment in D5, D6 & D7 v Secretary of State for the Home Department (Deprivation/exclusion – Substantive) SC/176/2020, SC/177/2020 & SC/178/2020, the Special Immigration Appeals Commission (SIAC), confirmed that the principles laid out in (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 regarding deprivation appeals apply, not only to national security cases, but generally to cases where deprivation of citizenship has been deemed conducive to the public good.’

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Richmond Chambers, 23rd October 2023

Source: immigrationbarrister.co.uk

Judge penalises claimant for “unrealistic” costs budget – Legal Futures

Posted November 23rd, 2023 in news by sally

‘A judge has penalised a claimant for submitting an “unrealistic” costs budget, saying he hoped it would encourage parties to negotiate them before reaching court.’

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Legal Aid, 23rd November 2023

Source: www.legalfutures.co.uk

Lucy Letby public inquiry formally opened by judge – BBC News

Posted November 23rd, 2023 in birth, children, hospitals, inquiries, murder, news, nurses by sally

‘The public inquiry into serial killer Lucy Letby’s crimes has formally begun although hearings may not begin until next autumn.’

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BBC News, 22nd November 2023

Source: www.bbc.co.uk

Family President signals need for “radical departure” from current model of how courts consider contact with birth family after adoption – Local Government Lawyer

Posted November 23rd, 2023 in adoption, families, family courts, news, young persons by sally

‘The President of the Family Division, Sir Andrew McFarlane, has outlined a “pressing need” for courts and those who advise them to modernise the approach that is taken to supporting young, adopted persons by “enhancing the degree to which they may maintain some form of relationship with their birth family after adoption”.’

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Local Government Lawyer, 22nd November 2023

Source: www.localgovernmentlawyer.co.uk

Robert Blackburn: The Formal Powers of the Royal Head of State: Terminology, Concepts, and Practice – UK Constitutional Law Association

Posted November 23rd, 2023 in constitutional law, Crown, news, royal family, royal prerogative by sally

‘This post argues that the terminology of “reserve powers” and “personal prerogatives” are inaccurate and misleading descriptions of the royal powers of prime ministerial appointment, the dissolution of Parliament, and royal assent. They should be described in our constitutional writing as the “formal” or “ceremonial” powers of the royal Head of State. They are distinguishable as being “direct” prerogatives of the Monarch, separate from other Crown prerogatives that are exercised “indirectly”, in the name of the Crown, by ministers.’

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UK Constitutional Law Association, 23rd November 2023

Source: ukconstitutionallaw.org

Adviser warns UK government against tightening laws on glorifying terrorism – The Guardian

Posted November 23rd, 2023 in demonstrations, freedom of expression, news, reports, terrorism by sally

‘No 10 should not implement plans to amend the law on glorifying terrorism after the pro-Palestine marches as it would do “no favours” to police, MI5 or the probation service, a government adviser has said.’

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The Guardian, 23rd November 2023

Source: www.theguardian.com

Loophole in NHS Pensions Regs? – Pensions Barrister

Posted November 23rd, 2023 in holiday pay, news, pensions, regulations, statutory interpretation by sally

‘Paul Newman KC has written a casenote on the recent decision of the CA in Campbell v NHS Business Services Authority, in which a member was held to have died in pensionable service and therefore to have been entitled only to a death in service benefit lump sum, rather than a higher ill health lump sum, by reason of untaken leave entitlement.’

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Pensions Barrister, 23rd November 2023

Source: www.pensionsbarrister.com

Domestic abuse: Stalker to be released despite being ruled unsafe – BBC News

Posted November 23rd, 2023 in coercive & controlling behaviour, domestic violence, news, parole, stalking by sally

‘A stalker who held his ex-girlfriend at gunpoint will be released from prison in February despite a parole board panel finding he was not safe to live in the community.’

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BBC News, 22nd November 2023

Source: www.bbc.co.uk

‘It risks miscarriages of justice’: MPs oppose rap lyrics being used as evidence in UK trials – The Guardian

Posted November 23rd, 2023 in artistic works, criminal justice, evidence, media, miscarriage of justice, news by sally

‘The lawyer Shami Chakrabarti, the DJ Annie Mac and Labour MPs Nadia Whittome and Kim Johnson are among the figures lending support to a new campaign to change how rap lyrics are used as evidence in UK criminal hearings.’

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The Guardian, 22nd November 2023

Source: www.theguardian.com

Disbarred barrister convicted over antisemitic blog posts – Legal Futures

Posted November 23rd, 2023 in barristers, internet, Judaism, news, racism by sally

‘A former barrister who was disbarred for antisemitic and racist tweets has now been convicted for grossly offensive antisemitic material posted on his blog.’

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Legal Futures, 23rd November 2023

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 23rd, 2023 in legislation by sally

SI 2023/1235 – The Representation of the People (Variation of Election Expenses, Expenditure Limits and Donation etc. Thresholds) Order 2023

SI 2023/1230 – The Parliamentary Constituencies Order 2023

SI 2023/1228 – The Electricity (Designation of Delivery Bodies) (Transmission) Regulations 2023

SI 2023/1227 – The Police and Crime Commissioner Elections (Amendment) Order 2023

SI 2023/1226 – The Climate Change Agreements (Administration and Eligible Facilities) (Amendment) Regulations 2023

SI 2023/1236 – The Insurance Companies (“The Long-term Business Fixed Capital”) Regulations 2023

SI 2023/1233 – The Overseas Electors, Postal Vote Handling and Secrecy (Amendment) Rules 2023

SI 2023/1220 – The Electronic Communications Code (Jurisdiction) (Amendment) Regulations 2023

SI 2023/1245 – The Immigration Act 2014 (Commencement No. 9) and Immigration Act 2014 (Commencement No. 8) (Revocation) Order 2023

SI 2023/1252 – The Dormant Assets (Distribution of Money) (England) Order 2023

SI 2023/1249 – The National Security Act 2023 (Prevention and Investigation Measures) (Polygraph) Regulations 2023

SI 2023/1244 – The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2023

SI 2023/1243 – The Controlled Waste (England and Wales) (Amendment) (England) Regulations 2023

SI 2023/1238 – The Universal Credit (Transitional Provisions) (Amendment) Regulations 2023

SI 2023/1237 – The Social Security (Widow’s Benefit and Retirement Pensions) (Amendment) Regulations 2023

SI 2023/1234 – The Elections Act 2022 (Commencement No. 10 and Savings) Regulations 2023

SI 2023/1242 – The Online Safety Act 2023 (Commencement No. 1) Regulations 2023

SI 2023/1225 – The Representation of the People (Postal Vote Handling and Secrecy) (Amendment) Regulations 2023

SI 2023/1216 – The Merchant Shipping (Small Workboats and Pilot Boats) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 23rd, 2023 in law reports by sally

Supreme Court

Commissioners for His Majesty’s Revenue and Customs v Fisher & Anor [2023] UKSC 44 (21 November 2023)

Independent Workers Union of Great Britain v Central Arbitration Committee & Anor [2023] UKSC 43 (21 November 2023)

Court of Appeal (Civil Division)

NC v Secretary of State for the Home Department [2023] EWCA Civ 1379 (22 November 2023)

Department for Business and Trade v Information Commissioner & Anor [2023] EWCA Civ 1378 (22 November 2023)

Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 (22 November 2023)

Kyle v Coventry City Council [2023] EWCA Civ 1360 (20 November 2023)

FXJ v Secretary of State for the Home Department & Anor [2023] EWCA Civ 1357 (20 November 2023)

THI Systems Ltd & Anor v Sheridan & Anor [2023] EWCA Civ 1354 (20 November 2023)

Kaur v Secretary of State for the Home Department [2023] EWCA Civ 1353 (17 November 2023)

N (Children: Revocation of Placement Orders) [2023] EWCA Civ 1352 (17 November 2023)

Court of Appeal (Criminal Division)

Mahmood, R. v [2023] EWCA Crim 1358 (17 November 2023)

High Court (Administrative Court)

AB, R (On the Application Of) v Uxbridge Youth Court [2023] EWHC 2951 (Admin) (21 November 2023)

E.ON Next Energy Ltd, R (On the Application Of) v Gas and Electricity Markets Authority [2023] EWHC 2891 (Admin) (17 November 2023)

Transport for London, R (On the Application Of) v London Tribunals (Environment and Traffic Adjudicators) [2023] EWHC 2889 (Admin) (17 November 2023)

IAB & Ors, R (On the Application Of) v Secretary of State for the Home Department & Anor [2023] EWHC 2930 (Admin) (17 November 2023)

Peak District And South Yorkshire Branch of the Campaign To Protect Rural England, R (On the Application Of) v Secretary of State for Transport [2023] EWHC 2917 (Admin) (17 November 2023)

O’Connor, R (On the Application Of) v Police Misconduct Panel & Anor [2023] EWHC 2892 (Admin) (17 November 2023)

Wiltshire, R (On the Application Of) v Crown Court at Bristol [2023] EWHC 2879 (Admin) (17 November 2023)

Saint Sepulchre, R (On the Application Of) v Royal Borough of Kensington & Chelsea [2023] EWHC 2913 (Admin) (17 November 2023)

High Court (Chancery Division)

Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks [2023] EWHC 2948 (Ch) (21 November 2023)

S Franses Ltd & Anor v Block 6 Ashley Gardens Roof Gardens Ltd & Ors [2023] EWHC 2880 (Ch) (20 November 2023)

Otto & Ors v Inner Mongolia Happy Lamb Catering Management Company Ltd & Ors [2023] EWHC 2920 (Ch) (20 November 2023)

PlusHolding GmbH, In the Matter Of (Re Companies Act 2006) [2023] EWHC 2915 (Ch) (17 November 2023)

Next Generation Holdings Ltd & Anor v Finch & Ors [2023] EWHC 2925 (Ch) (17 November 2023)

Roberts v Kseye Capital No.1 Ltd & Anor [2023] EWHC 2927 (Ch) (17 November 2023)

Warner Music UK Ltd & Anor v TuneIn, Inc [2023] EWHC 2875 (Ch) (17 November 2023)

High Court (Commercial Court)

The Witz Company LLC & Anor v Truell [2023] EWHC 2877 (Comm) (17 November 2023)

High Court (Family Division)

His Majesty’s Solicitor General v Jason-Steven: Wong [2023] EWHC 2966 (Fam) (21 November 2023)

High Court (King’s Bench Division)

WNA v NDP [2023] EWHC 2970 (KB) (22 November 2023)

Alame & Ors v Shell PLC & Anor (Re Bille and Ogale Group Litigation) [2023] EWHC 2961 (KB) (22 November 2023)

DMH Electrical (UK) Ltd v MK City Group Ltd [2023] EWHC 2960 (KB) (21 November 2023)

Boodia & Anor v Slade (t/a Richard Slade And Company) [2023] EWHC 2963 (KB) (21 November 2023)

Riniker v Al-Turk [2023] EWHC 2910 (KB) (17 November 2023)

Edward v Okeke & Ors [2023] EWHC 2932 (KB) (17 November 2023)

Hameed v Sheikh [2023] EWHC 2845 (KB) (17 November 2023)

Alam v Guardian News and Media Ltd (Re Preliminary Issue – Defamation Proceedings) [2023] EWHC 2847 (KB) (17 November 2023)

QBE UK Ltd v Hilton [2023] EWHC 2931 (KB) (17 November 2023)

High Court (Technology and Construction Court)

Brookhouse Group Limited v Lancashire County Council [2023] EWHC 2921 (TCC) (17 November 2023)

MW High Tech Projects UK Ltd v Outotec (USA) Inc & Anor (Rev2) [2023] EWHC 2885 (TCC) (17 November 2023)

Source: www.bailii.org

Fixed Recoverable Costs and Vulnerability – Gatehouse Chambers

Posted November 22nd, 2023 in chambers articles, civil procedure rules, costs, news by sally

‘The changes extending fixed recoverable costs (FRC) to most civil litigation claims with a value of up to £100,000 are now here and were implemented on 1 October 2023. With this comes the new ‘intermediate track’ which lay between Fast Track and Multi Track cases valued at £100,000 and over. This article is not intended to tell you about the four complexity bands within the intermediate track or the grids of costs within PD45, or about the new standard directions for this track, but to say a few words about how the costs arising from vulnerability are to be dealt with.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Developer who ignored listed building notice hit with £80k fine – Local Government Lawyer

Posted November 22nd, 2023 in building law, enforcement notices, fines, housing, local government, news, planning by sally

‘A developer who neglected a listed mansion has been found guilty of ignoring a listed building notice for five years following a prosecution brought by Liverpool City Council.’

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Local Government Lawyer, 21st November 2023

Source: www.localgovernmentlawyer.co.uk

Crunch time for cookie use, watchdog warns – BBC News

Posted November 22nd, 2023 in advertising, consent, consumer protection, data protection, internet, news, ombudsmen, privacy by sally

‘Some of the UK’s most visited websites could face fines unless they make it clearer that cookies are optional.’

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BBC News, 21st November 2023

Source: www.bbc.co.uk

Blow to gig economy workers after UK supreme court rules against collective bargaining rights – The Guardian

Posted November 22nd, 2023 in appeals, contract of employment, employment, news, self-employment, Supreme Court, trade unions by sally

‘Deliveroo riders do not have the right to collective negotiations on pay and conditions, the UK’s top court has ruled, in a blow to gig economy campaigners and the unions that represent them.’

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The Guardian, 21st November 2023

Source: www.theguardian.com

The Supreme Court’s Rwanda Judgment: What Now for the Government? – Oxford Human Rights Hub

Posted November 22nd, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘All eyes were on the Supreme Court last Wednesday when it handed down its ruling on the lawfulness of the government’s much-criticised Rwanda scheme. The judgment featured a number of important issues (including issues relating to retained EU law) but the key question for the Court was simple: would sending individuals making asylum claims in the UK to Rwanda – to make asylum claims there instead – subject them to a real risk of ill-treatment? The Supreme Court’s answer was that it would. The government’s policy was therefore unlawful.’

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Oxford Human Rights Hub, 22nd November 2023

Source: ohrh.law.ox.ac.uk

How Smith v Finch has been run over by a Boris bike – Gatehouse Chambers

Posted November 22nd, 2023 in accidents, bicycles, chambers articles, compensation, damages, news, personal injuries, road safety by sally

‘Cycle helmets are likely to remain a bone of contention between PI litigants for years to come. At least, as far as social cycling is concerned. Different considerations apply to competitive and organized cycling events.’

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Gatehouse Chambers, 20th October 2023

Source: gatehouselaw.co.uk

Bailiffs and their powers in England and Wales – OUT-LAW.com

Posted November 22nd, 2023 in bailiffs, data protection, news by sally

‘Having a bailiff take control of goods and sell them is a common method of enforcement a money judgment in England and Wales.’

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OUT-LAW.com, 21st November 2023

Source: www.pinsentmasons.com

Consolidation of legal regulators “may be a good thing” – Legal Futures

Posted November 22nd, 2023 in consultations, Law Society, legal profession, legal services, Legal Services Board, news, solicitors, Solicitors Regulation Authority by sally

‘Consolidation of legal regulators “may be a good thing” if designed to achieve “the pulling together of knowledge, lessons, consumer research and engagement”, the Legal Services Consumer Panel has said.’

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Legal Futures, 22nd November 2023

Source: www.legalfutures.co.uk