No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com

Posted November 7th, 2023 in bills, government departments, housing, landlord & tenant, news, rent, repossession by sally

‘The UK government’s decision to shelve a proposed ban on ‘no-fault’ evictions makes sense, but leaves landlords and tenants in an uncertain position, according to one legal expert.’

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OUT-LAW.com, 6th November 2023

Source: www.pinsentmasons.com

Indi Gregory: Critically ill baby granted Italian citizenship – BBC News

Posted November 7th, 2023 in children, citizenship, doctors, families, Italy, medical treatment, news by sally

‘A critically ill eight-month-old baby has been granted Italian citizenship as her parents fight to prevent doctors ending her life support.’

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BBC News, 6th November 2023

Source: www.bbc.co.uk

‘Designed to distress and deter’: the impact of Slapp lawsuits on journalists and free speech – The Guardian

Posted November 6th, 2023 in defamation, disclosure, freedom of expression, human rights, media, news, Russia by sally

‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

New Act – legislation.gov.uk

Posted November 6th, 2023 in legislation, local government by sally

2023 c. 55 – Levelling-up and Regeneration Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 6th, 2023 in legislation by sally

SI 2023/1167 – The Childcare (Childminder Agencies) (Cancellation etc.) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2023 in law reports by sally

Court of Appeal (Civil Division) Decisions

J & Ors, Re (Children: Interim Removal) [2023] EWCA Civ 1266 (03 November 2023)

Decision Inc Holdings Proprietary Ltd & Anor v Garbett & Anor [2023] EWCA Civ 1284 (03 November 2023)

Delinian Ltd (Formerly Euromoney Institutional Investor PLC) v Commissioners for His Majesty’s Revenue and Customs [2023] EWCA Civ 1281 (03 November 2023)

ASO (Iraq) v Secretary of State for the Home Department [2023] EWCA Civ 1282 (03 November 2023)

Court of Appeal (Criminal Division)

Bogie, R. v [2023] EWCA Crim 1280 (03 November 2023)

Hawkridge, R. v [2023] EWCA Crim 1288 (03 November 2023)

McSweeney, R. v [2023] EWCA Crim 1250 (03 November 2023)

High Court (Administrative Court)

H, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 2758 (Admin) (03 November 2023)

Barnes v Chief Constable of Thames Valley Police [2023] EWHC 2737 (Admin) (03 November 2023)

High Court (Chancery Division)

Mohammed & Ors v Daji & Ors [2023] EWHC 2761 (Ch) (03 November 2023)

Official Receiver & Anor v Nadeem (Re Bodystretch (UK) Ltd – Insolvency Act 1986) [2023] EWHC 2735 (Ch) (03 November 2023)

Frischmann v Vaxeal Holdings SA & Ors [2023] EWHC 2698 (Ch) (03 November 2023)

Eternity Sky Investments Ltd v Estate of Zhang Zhenxin & Anor [2023] EWHC 2744 (Ch) (03 November 2023)

High Court (Commercial Court)

Omni Bridgeway (Fund 5) Cayman Invt. Ltd v Bugsby Property LLC & Anor [2023] EWHC 2755 (Comm) (03 November 2023)

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd & Ors [2023] EWHC 2759 (Comm) (03 November 2023)

Source: www.bailii.org

Company fails in latest round of dispute with its litigation funders – Legal Futures

Posted November 6th, 2023 in damages, dispute resolution, news by sally

‘A company in dispute with its litigation funders has failed in its bid to fortify their cross-undertakings in damages after arguing it wanted to use the contested funds to back litigation itself.’

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Legal Futures, 6th November 2023

Source: www.legalfutures.co.uk

The Court of Appeal on property guardians and HMOs – Local Government Lawyer

‘The Court of Appeal has confirmed that property guardianship companies must licence premises as HMOs (houses in multiple occupation). Ranjit Bhose KC and Tara O’Leary analyse the ruling.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Interpreting planning permissions – Local Government Lawyer

Posted November 6th, 2023 in interpretation, judicial review, local government, news, planning by sally

‘A recent High Court ruling exhorts officers to make a deeper dive into the detail of planning permissions, writes Roderick Morton.’

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Local Government Lawyer, 3rd November 2023

Source: www.localgovernmentlawyer.co.uk

Speech by the Master of the Rolls: Justice in the Digital Age – Courts and Tribunals Judiciary

Posted November 6th, 2023 in artificial intelligence, computer programs, courts, internet, judges, news by sally

‘Justice in the Digital Age – Speech on the 150th Anniversary of the Technology and Construction Court.’

Full speech

Full Story

Courts and Tribunals Judiciary, 3rd November 2023

Source: www.judiciary.uk

Court rejects ‘fishing expedition’ for firm’s call recording – Law Society’s Gazette

Posted November 6th, 2023 in costs, disclosure, fees, law firms, news, solicitors, telecommunications by sally

‘A costs judge has refused a former client’s plea for a recording of the call where they signed up to instruct a law firm. In Turner v Coupland Cavendish, Costs Judge Rowley said the call recording remained the solicitors’ property rather than the client’s and did not need to be disclosed.’

Full Story

Law Society's Gazette, 6th November 2023

Source: www.lawgazette.co.uk

‘Somerset Gimp’ banned from gimping for five years – The Independent

Posted November 6th, 2023 in harassment, news, public order, sentencing, sexual offences by sally

‘A self-employed gardener has been banned for five years from dressing in an all-black gimp suit in public at night and “crawling, wriggling or writhing on the ground” after police linked him to 25 incidents committed by the so-called “Somerset Gimp”.’

Full Story

The Independent, 4th November 2023

Source: www.independent.co.uk

Priory Group charged with criminal offences over death of patient – The Guardian

‘The Priory healthcare group has been charged with two criminal offences over the death of a 23-year-old man who was hit by a train after absconding from a mental health hospital.’

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The Guardian, 6th November 2023

Source: www.theguardian.com

Cheshire Police employee who tipped off criminal friend is jailed – BBC News

‘A police employee who tipped off a criminal friend about a covert investigation has been jailed.’

Full Story

BBC News, 4th November 2023

Source: www.bbc.co.uk

NHS pay: Health staff win Covid bonus after legal action threat – BBC News

Posted November 6th, 2023 in coronavirus, doctors, hospitals, news, nurses, remuneration by sally

‘The government has agreed to fund a one-off bonus for health workers who missed out previously because they worked for non-NHS organisations. A payment of at least £1,655 was agreed as part of the NHS pay deal in England this year, to recognise the pressure of the Covid pandemic on staff. But the BBC recently reported thousands of outsourced staff did not qualify and employers had launched legal action.’

Full Story

BBC News, 6th November 2023

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted November 3rd, 2023 in employment, energy, equality, internet, legislation, public procurement, rates by sally

2023 c. 54 – Procurement Act 2023

2023 c. 53 – Non-Domestic Rating Act 2023

2023 c. 51 – Worker Protection (Amendment of Equality Act 2010) Act 2023

2023 c. 50 – Online Safety Act 2023

2023 c. 52 – Energy Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 3rd, 2023 in legislation by sally

SI 2023/1161 – The Fluorinated Greenhouse Gases (Amendment) Regulations 2023

SI 2023/1147 – The Representation of the People (Postal and Proxy Voting etc.) (Amendment) Regulations 2023

SI 2023/1145 – The Elections Act 2022 (Commencement No. 9, Transitional and Savings Provisions and Appointed and Specified Days) and Ballot Secrecy Act 2023 (Commencement) Regulations 2023

SI 2023/1164 – The Dangerous Dogs (Designated Types) (England and Wales) Order 2023

SI 2023/1163 – The Care Quality Commission (Additional Functions) (Amendment) Regulations 2023

SI 2023/1156 – The Environmental Permitting (England and Wales) (Amendment) Regulations 2023

SI 2023/1152 – The Armed Forces (Disposal of Property) Regulations 2023

SI 2023/1151 – The Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) (Amendment) Regulations 2023

SI 2023/1168 – The Public Charge Point Regulations 2023

SI 2023/1170 – The Environment Act 2021 (Commencement No. 7) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 3rd, 2023 in law reports by sally

Supreme Court

Palmer, R (on the application of) v Northern Derbyshire Magistrates’ Court & Anor [2023] UKSC 38 (01 November 2023)

Court of Appeal (Civil Division)

Gill v Thind & Ors [2023] EWCA Civ 1276 (02 November 2023)

Adil v General Medical Council [2023] EWCA Civ 1261 (02 November 2023)

The Pensions Ombudsman v CMG Pension Trustees Ltd & Anor [2023] EWCA Civ 1258 (01 November 2023)

Lufthansa Technik AG v Panasonic Avionics Corporation & Ors [2023] EWCA Civ 1273 (01 November 2023)

Court of Appeal (Criminal Division)

Gray v R [2023] EWCA Crim 1285 (01 November 2023)

High Court (Administrative Court)

Jagiellowicz v Regional Court in Elblag (Poland) [2023] EWHC 2751 (Admin) (02 November 2023)

SB & Anor, R (On the Application Of) v London Borough Of Newham [2023] EWHC 2701 (Admin) (30 October 2023)

High Court (Chancery Division)

Lord & Ors v Kinsella & Ors [2023] EWHC 2748 (Ch) (02 November 2023)

In the Matter of Praesidiad Ltd [2023] EWHC 2745 (Ch) (01 November 2023)

Morrison Water Services Ltd v Browning [2023] EWHC 2725 (Ch) (31 October 2023)

Mojela v Canmart Ltd & Anor[2023] EWHC 2668 (Ch) (30 October 2023)

Magomedov & Ors v TPG Group Holdings (SBS), LP & Ors [2023] EWHC 2655 (Comm) (27 October 2023)

Transomas Ltd & Anor v Kheri Trading Ltd & Anor [2023] EWHC 2708 (Ch) (27 October 2023)

High Court (Commercial Court)

African Mining Services Mali SARL v Societe Des Mines De Komana (SMK) SA & Anor [2023] EWHC 2746 (Comm) (02 November 2023)

Hulley Enterprises Ltd & Ors v The Russian Federation [2023] EWHC 2704 (Comm) (01 November 2023)

On the Beach Ltd & Ors v Ryanair UK Ltd & Anor [2023] EWHC 2694 (Comm) (31 October 2023)

High Court (Family Division)

Nottingham University Hospitals NHS Foundation Trust v Gregory & Ors (Re Inherent Jurisdiction – Indi Gregory) [2023] EWHC 2753 (Fam) (02 November 2023)

A Mother v A Father & Ors [2023] EWHC 2728 (Fam) (01 November 2023)

S (1980 Hague Convention; Habitual Residence; Article 13), Re [2023] EWHC 2717 (Fam) (31 October 2023)

High Court (King’s Bench Division)

Alsopp & Ors v Bayerische Motoren Werke Akteingesellschaft & Ors [2023] EWHC 2710 (KB) (02 November 2023)

Crosbie v Ley [2023] EWHC 2626 (KB) (01 November 2023)

James v Shaw (t/a Shaws Leasure) [2023] EWHC 2683 (KB) (01 November 2023)

Clarke v Guardian News & Media Ltd (Re Preliminary Issues) [2023] EWHC 2734 (KB) (01 November 2023)

Doyle v HDI Global Specialty SE [2023] EWHC 2722 (KB) (31 October 2023)

High Court (Technology and Construction Court)

Lendlease Construction (Europe) Ltd v Aecom Ltd (Rev1) [2023] EWHC 2620 (TCC) (01 November 2023)

Crystal Electronics Ltd v Digital Mobile Spectrum Ltd [2023] EWHC 2656 (TCC) (27 October 2023)

Source: www.bailii.org

UK autonomous vehicles law announcement anticipated – OUT-LAW.com

Posted November 3rd, 2023 in artificial intelligence, Law Commission, news, road safety, transport by sally

‘Future demand for autonomous vehicles will be significantly influenced by the extent to which legislators can simultaneously promote innovation and flexibility while addressing safety concerns in the rules they write, an expert has said.’

Full Story

OUT-LAW.com, 2nd November 2023

Source: www.pinsentmasons.com

Two cases highlight possible areas of reform to 1954 Landlord and Tenant Act – OUT-LAW.com

Posted November 3rd, 2023 in landlord & tenant, Law Commission, leases, news, statute law revision by sally

‘Two recent business tenancy appeals in England are likely to catch the eye of the Law Commission as it considers potential reforms to the 1954 Landlord and Tenant Act, according to one legal expert.’

Full Story

OUT-LAW.com, 2nd November 2023

Source: www.pinsentmasons.com