Channel deaths: Government orders inquiry into mass drowning – BBC News
‘The government has ordered an independent inquiry into a migrant mass drowning in the English Channel.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
Supreme Court decision represents seismic shift in law on holiday pay – Exchange Chambers
‘October 2023’s Supreme Court decision in the case of Chief Constable of the Police Service of Northern Ireland and another v Agnew and others (‘Agnew’) represents a seismic shift in the law on holiday pay. The decision makes it much easier for Claimants to make historic underpayment of holiday pay claims in circumstances where they seek to demonstrate a chain of unlawful deductions. The case concerns Northern Irish workers and Northern Irish laws however the decision has wider implications for workers and employers in England and Wales.’
Exchange Chambers, 31st October 2023
Source: www.exchangechambers.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2023/1182 – The Energy Savings Opportunity Scheme (Amendment) Regulations 2023
SI 2023/1187 – The Hydrocarbon Oil (Marking and Designated Markers) (Amendment) Regulations 2023
SI 2023/1186 – The Information as to Provision of Education (England) (Amendment) Regulations 2023
SI 2023/1194 – The Judicial Review and Courts Act 2022 (Commencement No. 4) Regulations 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Popoviciu v Curtea De Apel Bucharest (Romania) (Rev1) [2023] UKSC 39 (8 November 2023)
Court of Appeal (Civil Division)
Clements-Siddall v Dunbobbin Hotels Ltd [2023] EWCA Civ 1300 (07 November 2023)
Orji & Anor v Nagra & Anor [2023] EWCA Civ 1289 (06 November 2023)
Court of Appeal (Criminal Division)
ADG & Anor, R. v [2023] EWCA Crim 1309 (08 November 2023)
Kirkby v R. [2023] EWCA Crim 1293 (06 November 2023)
High Court (Administrative Court)
Yianoma v Bar Standards Board [2023] EWHC 2785 (Admin) (07 November 2023)
High Court (Chancery Division)
Various Claimants v Standard Chartered PLC [2023] EWHC 2756 (Ch) (08 November 2023)
South Tees Development Corporation & Anor v PD Teesport Ltd [2023] EWHC 2787 (Ch) (07 November 2023)
Frontiers Capital I Ltd Partnership v Flohr [2023] EWHC 2723 (Ch) (06 November 2023)
High Court (Family Division)
High Court (Patents Court)
Saint-Gobain Adfors SAS v 3M Innovative Properties Company [2023] EWHC 2769 (Pat) (08 November 2023)
High Court (King’s Bench Division)
Miller & Anor v Turner [2023] EWHC 2799 (KB) (08 November 2023)
High Court (Technology and Construction Court)
Bend Weld Engineering SDN BHD v FMC Technologies Ltd [2023] EWHC 2782 (TCC) (07 November 2023)
Siemens Mobility Ltd v High Speed Two (HS2) Ltd [2023] EWHC 2768 (TCC) (06 November 2023)
Source: www.bailii.org
The Pensions Ombudsman – competent but not a court – Pensions Barrister
‘The trustees of a pension scheme discover that members have been mistakenly overpaid: perhaps because the trustees misinterpreted the scheme rules, or perhaps because certain provisions of the scheme rules that were assumed to be valid were in fact invalid. The trustees decide to recoup the overpayments by setting them off against members’ instalments of future pension. A member raises a dispute, either as to the amount to be recouped or the rate of deduction.’
Pensions Barrister, 9th November 2023
Source: www.pensionsbarrister.com
What’s all the noise about? The new Civil Procedure Rule provisions in relation to Noise Induced Hearing Loss – Farrar’s Building
‘The Civil Procedure (Amendment No. 2) Rules 2023 were enacted on 1st October 2023, together with the 156th Update Practice Direction Amendments and Explanatory Note. This article provides an overview of the new Civil Procedure Rules (CPR) that apply to noise induced hearing loss (NIHL) claims.’
Farrar's Building, 20th October 2023
Source: www.farrarsbuilding.co.uk
Amazon online marketplace trade mark case comes before UK Supreme Court – OUT-LAW.com
‘The extent to which holders of UK and EU trade mark rights can object to others using their marks to promote products listed for sale in online global marketplaces is to be considered by the UK Supreme Court in an upcoming case involving e-commerce giant Amazon.’
OUT-LAW.com, 8th November 2023
Source: www.pinsentmasons.com
Domestic-abuse victims fear deportation if they go to police – BBC News
‘Every police force in England and Wales has reported migrants who are domestic-abuse victims to Immigration Enforcement, new data suggests.’
BBC News, 9th November 2023
Source: www.bbc.co.uk
Magistrates in England not following law on remand decisions, charity finds – The Guardian
‘Magistrates are not following the law when sending thousands of people to jail on remand, exacerbating the prison overcrowding crisis in England, a report suggests.’
The Guardian, 9th November 2023
Source: www.theguardian.com
The Building Safety Act 2022 – Is there an obligation on landlords to pay for remediation costs? – Falcon Chambers
‘Since the Building Safety Act 2022 came into force, with its Schedule 8 prohibition on landlords recovering service charge for certain cladding and other defect remediation works, the Government has produced and updated guidance for leaseholders on whether they would have to pay for remediation and whether remediation works would be done. Some of that guidance does not sit easily with the effect of the Act, however.’
Falcon Chambers, 9th October 2023
Source: www.falcon-chambers.com
Derbyshire PC guilty over sexual encounter with woman in patrol car – The Guardian
‘A Derbyshire police officer has been convicted of misconduct in a public office after he and a colleague both had sex in a patrol car with a woman to whom they had offered a lift home.’
The Guardian, 8th November 2023
Source: www.theguardian.com
Landlord wins Upper Tribunal over level of penalties for housing penalties – Local Government Lawyer
‘A Bradford landlord has had penalties reduced in a case which the Upper Tribunal (Lands Chamber) said raised “some interesting questions about mitigation, totality, and the principle that civil penalties for housing offences should be set at a level that ensures the landlord does not profit from his crime”.’
Local Government Lawyer, 9th November 2023
Source: www.localgovernmentlawyer.co.uk
First Online Safety Act guidance for tech platforms targets grooming – BBC News
‘Social media platforms should fight online grooming by not suggesting children as “friends” by default, the communications watchdog says.’
BBC News, 8th November 2023
Source: www.bbc.co.uk
The Crisis after the Crisis: Relevance of the BSA to RAAC – Falcon Chambers
‘Reinforced autoclave aerated concrete (“RAAC”) has received considerable press attention recently. In short, this is a lightweight material which was used in the construction of floors and walls between the 1950s and 1990s. RAAC has a lifespan of about 30 years and has received national attention recently following the collapse of a panel in a school which was previously thought to be “non-critical”. RAAC has been identified in schools, hospitals and even in the Houses of Parliament.’
Falcon Chambers, 2nd October 2023
Source: www.falcon-chambers.com
At 17, I was jailed for a murder I didn’t commit – and spent seven life-changing years in prison – The Guardian
‘Basic police checks would have shown Sam Hallam wasn’t at the scene of the crime, but these weren’t carried out until he had spent much of his youth inside. He explains why he is still fighting for justice, years after his release.’
The Guardian, 7th November 2023
Source: www.theguardian.com
Paul Bryan: ‘Fantasist’ killer convicted of murder after 39 years on the run – BBC News
‘A “fantasist” killer who assumed the identity of a dead man who had the same name as him has been found guilty of murder some 39 years later.’
BBC News, 7th November 2023
Source: www.bbc.co.uk
Marine Environmental Law in the UK: Overview of Current and Proposed Steps – Francis Taylor Building
‘The marine environment is important in many ways. It is vital, therefore, that it is protected. This article explores the current policy and targets in relation to the marine environment around England, both in respect of nature protection and recovery, and targets for renewable energy. It then discusses mechanisms to meet these targets and how these will potentially work together.’
Francis Taylor Building, 25th October 2023
Source: www.ftbchambers.co.uk
Fessing Up: A Note on Pre-Action Admissions – St Philips Barristers
‘This brief article considers the law on admissions made before the commencement of proceedings in the context of the recent revision of Part 14 of the CPR.’
St Philips Barristers, 24th October 2023
Source: st-philips.com
Lancashire teacher wins £800k over cancer discrimination – BBC News
‘An early years specialist who was told to reapply for her job while being treated for cancer before being sacked has been awarded an £800,000 pay-out.’
BBC News, 7th November 2023
Source: www.bbc.co.uk
Development agreements: the contractual duty to act in good faith – Tanfield Chambers
‘Jonathan Upton looks at why parties to a development agreement need to be aware of the general principles applying to good faith clauses.’
Tanfield Chambers, 25th October 2023
Source: www.tanfieldchambers.co.uk
