Nitrous oxide: Laughing gas possession becomes illegal – BBC News
‘Possession of nitrous oxide, also known as NOS, has become a criminal offence in the UK.’
BBC News, 8th November 2023
Source: www.bbc.co.uk
Andrew Butler KC reflects on the effect to date of the Building Safety Act 2022 – Tanfield Chambers
‘“Too early to tell” – the response famously attributed to Chinese Premier Zhou Enlai when he was asked about the effect of the French Revolution. The same response could be given in answer to a question about the effect of the Building Safety Act 2022. Given that the latter is 233 years the junior of the former, and only bursting into life incrementally even now, the answer would be somewhat easier to justify in this context. While, thankfully, the legislation has not quite generated the bloodshed seen on the streets of Paris in 1789, it is fair to say that its early stages have not been a model of liberté, egalité and fraternité themselves.’
Tanfield Chambers, 19th October 2023
Source: www.tanfieldchambers.co.uk
Patisserie Valerie fraud trial will not start until 2026, court told – The Guardian
‘The fraud trial of former employees of the collapsed bakery chain Patisserie Valerie will not take place for another two and a half years, a court has heard.’
The Guardian, 7th November 2023
Source: www.theguardian.com
Rise in UK employment tribunal claims alleging neurodiversity discrimination – OUT-LAW.com
‘Helen Corden tells HRNews about supporting neurodiverse staff in the workplace.’
OUT-LAW.com, 7th November 2023
Source: www.pinsentmasons.com
Lumb v Lumb: fitting together the costs rules in probate disputes with the general ethos of the CPR – Wilberforce Chambers
‘Lumb v Lumb [2023] EWHC 2052 (Ch) was an appeal on costs which sheds interesting light on how general rules of the CPR fit together with special provisions governing probate disputes. On a related note, it offers a case study of how the modern ethos of deterring dubious litigation can interact with legal principles of an earlier vintage. There were various other points of interest in the case, but I focus here on this theme.’
Wilberforce Chambers, 30th October 2023
Source: www.wilberforce.co.uk
Afghan former interpreter with British army resettles in UK after legal battle – The Guardian
‘An Afghan former interpreter with the British army has resettled in the UK with his family after a lengthy legal battle with the government, more than two years after being initially approved for relocation.’
The Guardian, 8th November 2023
Source: www.theguardian.com
Drunk father jailed for manslaughter of disabled son in motorway crash – The Independent
‘A father whose disabled 12-year-old son was killed while trying to run across the M62 has been sentenced to 10 years in prison.’
The Independent, 6th November 2023
Source: www.independent.co.uk
Guy Baldwin: The Case for Moderate Constitutionalism in the UK – UK Constitutional Law Association
‘Part of the debate around accountability in the UK concerns the judiciary and its relationship with the elected parts of government. A potentially useful concept in assessing this relationship is constitutionalism. This post is a summary of my presentation at the recent UKCLA Conference in Liverpool, in which I engaged with some long-running debates around constitutionalism. I argue here that there is a version of constitutionalism, which I term “moderate constitutionalism”, that is normatively desirable and suited to the UK’s constitutional tradition. After discussing the situation of constitutionalism in the UK and setting out the case for moderate constitutionalism, I identify some possible implications of the analysis for the system of government in the UK. What is presented here is an early sketch, at a high level, of an account that I intend to develop in significantly greater detail in the future.’
UK Constitutional Law Association, 7th November 2023
Source: ukconstitutionallaw.org
Wiltshire Police criticised over Clare’s Law failings – BBC News
‘Former Justice Secretary Sir Robert Buckland said he was “horrified and furious” over failings in a system designed to protect possible victims of domestic violence.’
BBC News, 6th November 2023
Source: www.bbc.co.uk
No ‘quick fix’ for UK’s no-fault evictions ban conundrum – OUT-LAW.com
‘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.’
OUT-LAW.com, 6th November 2023
Source: www.pinsentmasons.com
Indi Gregory: Critically ill baby granted Italian citizenship – BBC News
‘A critically ill eight-month-old baby has been granted Italian citizenship as her parents fight to prevent doctors ending her life support.’
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
‘Individuals and campaigners tell of damage done by powerful people using the courts to try to shut down investigative reporting.’
The Guardian, 3rd November 2023
Source: www.theguardian.com
BAILII: Recent Decisions
Court of Appeal (Civil Division) Decisions
J & Ors, Re (Children: Interim Removal) [2023] EWCA Civ 1266 (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)
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)
Frischmann v Vaxeal Holdings SA & Ors [2023] EWHC 2698 (Ch) (03 November 2023)
High Court (Commercial Court)
Source: www.bailii.org
Company fails in latest round of dispute with its litigation funders – Legal Futures
‘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.’
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.’
Local Government Lawyer, 3rd November 2023
Source: www.localgovernmentlawyer.co.uk
