Rishi Sunak to bring in emergency law after supreme court’s Rwanda ruling – The Guardian

‘Rishi Sunak has staked his political credibility on pushing through emergency legislation to resurrect his high-profile plan to deport asylum seekers to Rwanda, after the supreme court ruled it was unlawful.’

Full Story

The Guardian, 15th November 2023

Source: www.theguardian.com

Insolvency Newsletter: October 2023 – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, insolvency, news by sally

‘This month Alaric Watson considers the significance of the Patley Wood v Kicks and Brake v Chedington for the world of personal insolvency, Ryan Hocking gives a run down of the recent and anticipated statutory and regulatory changes, we have a two minute interview with the newest member of the team, Victoria Dacie-Lombardo and we have summaries of some of the significant cases from the last quarter.’

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Gatehouse Chambers, October 2023

Source: gatehouselaw.co.uk

UK medicines regulator approves gene therapy for two blood disorders – The Guardian

Posted November 16th, 2023 in blood products, health, medicines, news by sally

‘The UK’s medicines regulator has authorised the use of a world-first gene therapy as a potential cure for two inherited blood disorders.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

Justice accuses Government of seeking to establish blanket anonymity for “junior” civil servants – Local Government Lawyer

‘Law reform charity Justice has intervened on what it called a “principle of open justice”, to allege the Government wanted blanket anonymity for civil servants deemed ‘junior’ in documents disclosed in judicial review proceedings.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

High Court gives judgment in Koetsier v Thomas and LJP Owen Limited t/a Nolton Stables – Old Square Chambers

Posted November 16th, 2023 in animals, chambers articles, damages, negligence, news, personal injuries by sally

‘On 10 October 2023, the High Court gave judgment dismissing the Claimant’s claims in negligence and pursuant to section 2(2) Animals Act 1971 in circumstances where a horse reacted to the presence of a dog causing the Claimant to fall and suffer severe spinal cord injury.’

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Old Square Chambers, 20th October 2023

Source: oldsquare.co.uk

Construction of a Right of Way – Gatehouse Chambers

Posted November 16th, 2023 in chambers articles, news, rights of way by sally

‘You are fortunate enough to own a house on a large plot of land and wish to realise some of its value by dividing it in two and building another house. Access to the plot is gained via a lane which passes over, and is part of, a neighbour’s land; your land enjoys an express right of way over the lane “at all times and for all purposes with or without vehicles”. Are you going to be able to use the lane for the construction traffic, and thereafter for access to the second house in addition to the current house?’

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Gatehouse Chambers, 6th October 2023

Source: gatehouselaw.co.uk

Supreme court rules Rwanda plan unlawful: a legal expert explains the judgment, and what happens next – EIN Blog

‘The UK supreme court has unanimously ruled that the government’s plan to send asylum seekers to Rwanda is unlawful.’

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EIN Blog, 15th November 2023

Source: www.ein.org.uk

Appeal confirms that persons unknown must identify themselves if they wish to challenge a bill of costs – Gatehouse Chambers

‘Dispute Resolution analysis: An appeal court has confirmed that a ‘person unknown’ who refused to identify himself during proceedings for breach of copyright was debarred from challenging a bill of costs in detailed assessment proceedings unless he identified himself.’

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Gatehouse Chambers, 4th October 2023

Source: gatehouselaw.co.uk

What is the ECHR and how does it relate to the Rwanda migrants policy? – The Independent

‘In a bid to appease the Tory right, Conservative leaders have for years flirted with taking the nuclear option of leaving the European Convention on Human Rights.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Lessons for Employers in handling Gender-transition at work – AB v Royal Borough of Kingston Upon Thames – Old Square Chambers

‘The London South Employment Tribunal (EJ McLaren and lay members) has handed down judgment and written reasons in AB v Royal Borough of Kingston Upon Thames.’

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Old Square Chambers, 19th October 2023

Source: oldsquare.co.uk

A Change of Climate for Trustee Investment Duties? – Pensions Barrister

Posted November 16th, 2023 in chambers articles, climate change, environmental protection, news, pensions by sally

‘Following the recent fine ordered by tPR in respect of ExxonMobil Pension Plan for breach of the OPS (Climate Change Governance and Reporting) Regs 2021, James McCreath of Wilberforce Chambers considers how the increasing pressure on schemes to advance environmental causes hangs together with trustees’ investments duties.’

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Pensions Barrister, 16th November 2023

Source: www.pensionsbarrister.com

Asylum backlog of older cases down by nearly half since July – The Independent

Posted November 16th, 2023 in asylum, delay, government departments, immigration, news, statistics by sally

‘The backlog of older cases in the UK asylum system fell by nearly half between July and October, new figures show.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Council granted leave to make application for change in forename of child, subject to outcome of care order application – Local Government Lawyer

Posted November 16th, 2023 in care orders, children, families, local government, names, news by sally

‘The High Court has granted leave to a local authority to make an application to change an eight-month old’s registered forename.’

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Local Government Lawyer, 16th November 2023

Source: www.localgovernmentlawyer.co.uk

Good practices in probate litigation – Bowser v Smith [2023] EWCA Civ 923 – New Square Chambers

Posted November 16th, 2023 in appeals, chambers articles, news, probate by sally

‘In this article, JJ Liew examines the case of Bowser v Smith, with a focus on the Court of Appeal’s discussion of the conduct expected of the parties in the handling of contentious probate litigation.’

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New Square Chambers, 3rd October 2023

Source: www.newsquarechambers.co.uk

The Crown and the constitution – House of Commons Library

Posted November 16th, 2023 in constitutional law, news, parliament, royal family by sally

‘A briefing paper on the constitutional aspects of the Crown.’

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House of Commons Library, 13th November 2023

Source: commonslibrary.parliament.uk

Olivia’s killer plans conviction appeal after losing minimum term challenge – The Independent

Posted November 16th, 2023 in appeals, children, imprisonment, murder, news, sentencing by sally

‘Thomas Cashman failed in a bid to challenge his 42-year sentence for the murder of Olivia Pratt-Korbel at the Court of Appeal on Wednesday.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

How the UK government’s Rwanda asylum plan came unstuck – The Guardian

‘The supreme court has ruled that the government’s plan to deport asylum seekers to Rwanda is unlawful. Peter Walker explains what happens next.’

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The Guardian, 16th November 2023

Source: www.theguardian.com

The HCPC’s New Standards – Mountford Chambers

Posted November 16th, 2023 in chambers articles, codes of practice, health, news, ombudsmen by sally

‘Anthony James looks at the Health and Care Professions Council’s new standards of proficiency for each of the 15 professions it regulates, which came into force on 1 September 2023.’

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Mountford Chambers, 3rd October 2023

Source: www.mountfordchambers.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2023 in legislation by sally

SI 2023/1202 – The Customs (Aerodromes and Miscellaneous Amendments) Regulations 2023

SI 2023/1201 – The Value Added Tax (Refunds to “Do-It-Yourself” Builders) (Amendment of Method and Time for Making Claims) Regulations 2023

Source: www.legislation.gov.uk

BAILII: recent Decisions

Posted November 15th, 2023 in law reports by sally

Supreme Court

Canada Square Operations Ltd v Potter [2023] UKSC 41 (15 November 2023)

AAA (Syria) & Ors, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 42 (15 November 2023)

Court of Appeal (Civil Division)

Zedra Fiduciary Services (UK) Ltd v HM Attorney General [2023] EWCA Civ 1332 (15 November 2023)

FSV Freeholders Ltd v SGL 1 Ltd [2023] EWCA Civ 1318 (14 November 2023)

CDE v Surrey and Sussex Healthcare NHS Trust [2023] EWCA Civ 1330 (14 November 2023)

Court of Appeal (Criminal Division)

Schultz, R. v [2023] EWCA Crim 1335 (15 November 2023)

Royle & Ors v R. [2023] EWCA Crim 1311 (13 November 2023)

High Court (Administrative Court)

District Court In Krakow, Poland v Pultorak [2023] EWHC 2777 (Admin) (15 November 2023)

Nassani & Ors, R (On the Application Of) v Secretary of State for Foreign, Commonwealth And Development Affairs [2023] EWHC 2853 (Admin) (15 November 2023)

Kirklees Council v Secretary of State for Transport (Re Costs) [2023] EWHC 2825 (Admin) (15 November 2023)

Bramley Solar Farm Residents Group v Secretary of State for Levelling Up, Housing And Communities & Ors [2023] EWHC 2842 (Admin) (15 November 2023)

Klos v Regional Court In Warsaw (Poland) [2023] EWHC 2859 (Admin) (14 November 2023)

Vascenkovs v Prosecutor General’s Office, Republic of Latvia [2023] EWHC 2830 (Admin) (14 November 2023)

Chrobot v Polish Judicial Authority [2023] EWHC 2857 (Admin) (14 November 2023)

Drahonsky v District Court of Usti Nad Laden (Czech Republic) [2023] EWHC 2858 (Admin) (14 November 2023)

High Court (Chancery Division)

Wright & Ors v Chappell & Ors [2023] EWHC 2873 (Ch) (15 November 2023)

Isbilen v Turk & Ors [2023] EWHC 2865 (Ch) (14 November 2023)

High Court (Commercial Court)

Litasco SA v Der Mond Oil and Gas Africa SA & Anor [2023] EWHC 2866 (Comm) (15 November 2023)

Normann & Anor v XiO (UK) LLP & Ors [2023] EWHC 2862 (Comm) (15 November 2023)

Bailey Ahmad Holdings Ltd v Bells Holdings Ltd [2023] EWHC 2829 (Comm) (13 November 2023)

High Court (Family Division)

King v Stephen King [2023] EWHC 2822 (Fam) (15 November 2023)

High Court (King’s Bench Division)

Abbott & Ors v Ministry of Defence [2023] EWHC 2839 (KB) (15 November 2023)

Dee v Welsh Ambulance Services NHS Trust & Ors [2023] EWHC 2765 (KB) (14 November 2023)

High Court (Technology and Construction Court)

Irwell Riverside Developments Ltd v Arcadis Consulting (UK) Ltd [2023] EWHC 2864 (TCC) (15 November 2023)

Source: www.bailii.org