Electronic wills now ‘feasible’, Law Commission reports – Law Society’s Gazette

Posted October 10th, 2023 in bills, consultations, electronic filing, Law Commission, news, wills by sally

‘Electronic wills could become an immediate reality if parliament wishes, the Law Commission states today in its latest consultation on the topic. The commission is seeking views on whether a new Wills Act should permit paperless wills, either immediately or by allowing for them to be introduced later. It stresses that any provision for electronic wills would need to ensure that they are as secure as paper wills.’

Full Story

Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

Probation staff ‘overwhelmed’ before Killamarsh murders of woman and children – The Guardian

Posted October 10th, 2023 in domestic violence, murder, news, probation by sally

‘Probation workers involved with a man who went on to murder three children and his pregnant girlfriend have described being “overwhelmed” by their workload.’

Full Story

The Guardian, 9th October 2023

Source: www.theguardian.com

Crime ‘kingpins’ among 400 jailed after Met Police crack ‘secure’ messaging app – The Independent

Posted October 9th, 2023 in encryption, imprisonment, news, police, sentencing, telecommunications by sally

‘More than 400 criminals, including senior “kingpins” in organised crime, have been sent to prison in a Metropolitan Police operation targeting the EncroChat encrypted messaging platform.’

Full Story

The Independent, 9th October 2023

Source: www.independent.co.uk

BBC reaches settlement with murdered girl’s mother over clothes lost by Martin Bashir – BBC News

Posted October 9th, 2023 in BBC, bereavement, children, DNA, duty of care, families, forensic science, media, murder, news by sally

‘The BBC has reached a settlement with a woman who said Martin Bashir had borrowed but failed to return her murdered daughter’s clothes.’

Full Story

BBC News, 6th October 2023

Source: www.bbc.co.uk

Judge wrong to block reporting of ‘highly contentious’ family case – Law Society’s Gazette

Posted October 9th, 2023 in appeals, children, families, family courts, media, news, public interest, reporting restrictions by sally

‘A family judge was wrong to make an order preventing the reporting of a case, an appeal judgment has ruled in a significant step for the opening of proceedings to the press.’

Full Story

Law Society's Gazette, 5th October 2023

Source: www.lawgazette.co.uk

Tribunal sheds light on applications for cladding remediation orders – Tanfield Chambers

Posted October 9th, 2023 in chambers articles, housing, landlord & tenant, leases, news, repairs by sally

‘Kedai Ltd, the landlord of a London residential development, has been ordered by the First-tier Tribunal to carry out remediation under the Building Safety Act (BSA) 2022 in the case of 2-4 Leigham Court Road, Streatham.’

Full Story

Tanfield Chambers, 14th September 2023

Source: www.tanfieldchambers.co.uk

I was innocent – but it cost me £500,000 to prove it – BBC News

Posted October 9th, 2023 in appeals, child abuse, costs, DNA, evidence, forensic science, legal aid, miscarriage of justice, news, sexual offences by sally

‘Each year, thousands of people in England and Wales are accused of crimes for which they are later acquitted. While their names may be cleared, they are often left emotionally and financially devastated – as Brian Buckle, who was wrongfully convicted of sexually abusing a child, discovered first-hand.’

Full Story

BBC News, 6th October 2023

Source: www.bbc.co.uk

Dangerous use of force, failure of safeguards and culture of dehumanisation – Brook House Inquiry report finds 19 instances of inhumane or degrading treatment – Garden Court Chambers

Posted October 9th, 2023 in asylum, chambers articles, detention, government departments, human rights, immigration, news by sally

‘The BHI Inquiry has exposed the inexcusable and unconscionable dehumanising abuse of vulnerable people held in immigration detention by the Home Office. The Inquiry has found the safeguarding system in detention to be “dysfunctional”, resulting in a failure to protect detained people as intended. Vulnerable people were exposed to the risk of mistreatment and were subjected to actual harm; there were 19 incidents of credible breaches of Article 3 of the ECHR, which prohibits torture, inhuman and degrading treatment within a 5 month period.’

Full Story

Garden Court Chambers, 19th September 2023

Source: www.gardencourtchambers.co.uk

Government to progress stayed ordinary residence disputes after Supreme Court judgment – Local Government Lawyer

Posted October 9th, 2023 in appeals, government departments, local government, mental health, news, Supreme Court by sally

‘The Department of Health and Social Care (DHSC) has set out its position on the determination of ordinary residence disputes in light of the outcome of a recent landmark Supreme Court ruling.’

Full Story

Local Government Lawyer, 6th October 2023

Source: www.localgovernmentlawyer.co.uk

Interim Payments – The Low-Down (Including Some Practical Tips) – Pump Court Chambers

Posted October 9th, 2023 in chambers articles, civil procedure rules, compensation, damages, news, personal injuries by sally

‘An Interim Payment (“IP”) is defined in CPR 25.1(1)(k) as a “payment by a defendant on account of any damages, debt or other sum (except costs) which the court may hold the defendant liable to pay”. In effect, it is a sum of money advanced to a claimant from the total pot of compensation they will get at the end of their Personal Injury (“PI”) claim. They are generally obtained in complex PI/clinical negligence claims involving substantial damages and sometimes an as yet uncertain prognosis.’

Full Story

Pump Court Chambers, 15th September 2023

Source: www.pumpcourtchambers.com

Rise in bullying and harassment complaints against barristers – Legal Futures

Posted October 9th, 2023 in barristers, bullying, complaints, harassment, news, statistics by sally

‘The Bar Standards Board (BSB) has welcomed an increase in reports of bullying and harassment in the profession, saying the rise indicates growing confidence in how it deals with them.’

Full Story

Legal Futures, 9th October 2023

Source: www.legalfutures.co.uk

Supreme Court and Privy Council simultaneously deliver important judgments on arbitration stays – Wilberforce Chambers

Posted October 9th, 2023 in appeals, arbitration, chambers articles, news, Privy Council, Supreme Court by sally

‘In FamilyMart Holding v Ting Chuan [2023] UKPC 33 delivered simultaneously with the decision in Republic of Mozambique v Credit Suisse International [2023] UKHL, Lord Hodge delivered two important judgments on how to define and identify the “matters” which give rise to stay of legal proceedings in favour of arbitration (in England under Section 9 Arbitration Act 1996) and certain other related issues. In doing so, these Courts have dropped the overly “granular” approach adopted by English Courts recently and opted for a more nuanced and analytical approach favoured by the Australian courts. The legal analysis in the two decisions is more or less identical.’

Full Story

Wilberforce Chambers, 25th September 2023

Source: www.wilberforce.co.uk

ESG for Employers – Kingsley Napley

Posted October 9th, 2023 in chambers articles, company law, employment, environmental health, environmental protection, health & safety, news by sally

“Environmental, Social & Governance (ESG) matters are growing in importance for all organisations. Aside from the moral reasons putting these issues high on the agenda, an organisation’s ESG standing/rating can have a huge impact on its performance, as well as its ability to attract and retain talent, investors, customers and clients. ESG matters can also have potential legal and regulatory consequences.”

Full Story

Kingsley Napley, 5th October 2023

Source: www.kingsleynapley.co.uk

How UK plan to send asylum seekers to Rwanda ended up before supreme court – The Guardian

Posted October 9th, 2023 in appeals, asylum, deportation, government departments, human rights, immigration, news, refugees, Rwanda, Supreme Court by sally

‘The UK government’s plans to send asylum seekers to Rwanda had generated controversy even before the former home secretary Priti Patel signed a deal with the east African country in April last year sealing the deal. Ministers claimed the plan would deter people from making the dangerous journey across the Channel on small boats.’

Full Story

The Guardian, 9th October 2023

Source: www.theguardian.com

Lin and Megan Russell: Michael Stone’s murder convictions reviewed – BBC News

Posted October 9th, 2023 in appeals, Criminal Cases Review Commission, miscarriage of justice, murder, news by sally

‘The convictions of Michael Stone for the murders of Lin Russell and her daughter Megan are to be reviewed.’

Full Story

BBC News, 8th October 2023

Source: www.bbc.co.uk

Labour seeking to delay antisemitism leak lawsuit until after election – The Guardian

Posted October 6th, 2023 in complaints, costs, delay, elections, equality, Judaism, news, political parties, race discrimination, racism, religious discrimination by michael

‘Labour is seeking to delay until after the general election a court case against five former staff alleging they leaked a report concerned with the party’s handling of antisemitism complaints, as its costs were said to have apparently soared to £1.4m.’

Full Story

The Guardian, 6th October 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 6th, 2023 in law reports by michael

High Court (Administrative Court)

Director of Public Prosecutions v Crown Court at Luton [2023] EWHC 2464 (Admin) (06 October 2023)

PA & Anor, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 2476 (Admin) (06 October 2023)

Social Work England v Fletcher [2023] EWHC 2457 (Admin) (05 October 2023)

Kirklees Council v Secretary of State for Transport [2023] EWHC 2459 (Admin) (05 October 2023)

Social Work England v Farnsworth [2023] EWHC 2455 (Admin) (05 October 2023)

Social Work England v Masinga [2023] EWHC 2456 (Admin) (05 October 2023)

Watton v Cornwall Council [2023] EWHC 2436 (Admin) (04 October 2023)

Asplin v DAS UK Holdings Ltd [2023] EWHC 2321 (Admin) (03 October 2023)

Craighead, R (On the Application Of) v The Secretary of State for Defence [2023] EWHC 2413 (Admin) (03 October 2023)

Fold Hill Foods Ltd, R (On the Application Of) v Food Standards Agency [2023] EWHC 2271 (Admin) (29 September 2023)

Professional Standards Authority for Health and Social Care v General Medical Council & Anor [2023] EWHC 2391 (Admin) (28 September 2023)

High Court (Chancery Division)

Vasami & Anor v Hack & Anor [2023] EWHC 2431 (Ch) (05 October 2023)

Sunset Ltd & Anor v Al-Hindi [2023] EWHC 2443 (Ch) (05 October 2023)

Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors [2023] EWHC 2420 (Ch) (03 October 2023)

Crypto Open Patent Alliance v Wright [2023] EWHC 2408 (Ch) (03 October 2023)

AB & Ors v CD & Ors [2023] EWHC 2419 (Ch) (03 October 2023)

Winter & Anor v Winter [2023] EWHC 2393 (Ch) (29 September 2023)

Akkurate Ltd & Anor v Richmond & Anor [2023] EWHC 2392 (Ch) (28 September 2023)

Amathus Drinks PLC & Ors v EAGK LLP & Anor [2023] EWHC 2312 (Ch) (22 September 2023)

Momenta Holdings (PPI) Ltd v Cheval Legal Ltd & Ors [2023] EWHC 2299 (Ch) (22 September 2023)

High Court (Commercial Court)

French State v London Steam-Ship Owners’ Mutual Insurance Association Ltd (Re Arbitration Act 1996 and an Arbitration) [2023] EWHC 2474 (Comm) (06 October 2023)

London Steam-Ship Owners’ Mutual Insurance Association Ltd v Kingdom of Spain (Re M/T Prestige) [2023] EWHC 2473 (Comm) (06 October 2023)

Granville Technology Group Ltd & Ors v LG Display Co Ltd & Anor [2023] EWHC 2418 (Comm) (04 October 2023)

G v R (In an Arbitration Claim) [2023] EWHC 2365 (Comm) (22 September 2023)

High Court (Family Division)

SP v DM (No. 2) [2023] EWHC 2089 (Fam) (06 October 2023)

Tickle v Father & Ors [2023] EWHC 2446 (Fam) (05 October 2023)

OZ v ML & Ors [2023] EWHC 2412 (Fam) (02 October 2023)

High Court (King’s Bench Division)

AXB v Metwally [2023] EWHC 2470 (KB) (06 October 2023)

Wilson v Emmott [2023] EWHC 2415 (KB) (03 October 2023)

Ghenavat & Ors v Lyons [2023] EWHC 2428 (KB) (03 October 2023)

Herring v [2023] EWHC 1332 (KB) (02 October 2023)

Ali v General Medical Council (Rev1) [2023] EWHC 2400 (KB) (29 September 2023)

Hope Capital Ltd v Alexander Reece Thomson LLP [2023] EWHC 2389 (KB) (27 September 2023)

High Court (Technology and Construction Court)

Innovate Pharmaceuticals Ltd v University of Portsmouth Higher Education Corporation [2023] EWHC 2394 (TCC) (28 September 2023)

AZ v BY [2023] EWHC 2388 (TCC) (27 September 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 6th, 2023 in legislation by michael

SI 2023/1063 – The Access to the Countryside (Coastal Margin) (Iwade to Grain) (No. 2) Order 2023

SI 2023/1061 – The Northern Ireland (Ministerial Appointment Functions) (No. 2) Regulations 2023

SI 2023/1057 – The National College for Advanced Transport and Infrastructure (Designated Institution in Further Education and Revocations) (Revocation) Order 2023

SI 2023/1056 – The Windsor Framework (Enforcement etc.) Regulations 2023

SI 2023/1055 – The Agriculture and Horticulture Development Board (Amendment) Order 2023

SI 2023/1054 – The Sea Fisheries (Amendment) (England) Regulations 2023

SI 2023/1052 – The Building (Restricted Activities and Functions) (England) Regulations 2023

SI 2023/1051 – The Power to Award Degrees etc. (Hult International Business School Ltd) Order 2023

SI 2023/1050 – The Customs (Northern Ireland) (EU Exit) Regulations 2020 (Appointed Day) Regulations 2023

SI 2023/1049 – The Forensic Science Regulator Act 2021 (Commencement No. 2) Regulations 2023

SI 2023/1048 – The Export Control (Amendment) (No. 2) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2023 in law reports by michael

Supreme Court

Chief Constable of the Police Service of Northern Ireland & Anor v Agnew & Ors (Northern Ireland) [2023] UKSC 33 (04 October 2023)

Smith & Anor v Royal Bank of Scotland plc [2023] UKSC 34 (04 October 2023)

Court of Appeal (Civil Division)

Khan v Singh-Sall & Anor [2023] EWCA Civ 1119 (06 October 2023)

Mints & Ors v PJSC National Bank Trust & Anor [2023] EWCA Civ 1132 (06 October 2023)

Mercy Global Consult Ltd v Adegbuyi-Jackson & Ors [2023] EWCA Civ 1073 (04 October 2023)

Hotel Portfolio II UK Ltd & Anor v Ruhan & Anor [2023] EWCA Civ 1120 (04 October 2023)

S (Children: Findings of Fact) [2023] EWCA Civ 1113 (04 October 2023)

Diag Human SE & Anor v Volterra Fietta (Re Assessment Under Part III Solicitors Act 1974) [2023] EWCA Civ 1107 (04 October 2023)

CA Indosuez (Switzerland) SA v Afriquia Gaz SA & Anor [2023] EWCA Civ 1072 (28 September 2023)

Ahmed v Secretary of State for the Home Department [2023] EWCA Civ 1087 (28 September 2023)

St George’s University Hospitals NHS Foundation Trust v Casey & Ors [2023] EWCA Civ 1092 (27 September 2023)

Court of Appeal (Criminal Division)

Butt & Anor, R. v [2023] EWCA Crim 1131 (06 October 2023)

BKY & Ors, R. v [2023] EWCA Crim 1095 (29 September 2023)

Ginar, R. v [2023] EWCA Crim 1121 (26 September 2023)

Baginski, R. v [2023] EWCA Crim 1106 (22 September 2023)

Bryant, R v [2023] EWCA Crim 1126 (20 September 2023)

Mallen, R. v [2023] EWCA Crim 1124 (19 September 2023)

Ellwood, R v [2023] EWCA Crim 1114 (19 September 2023)

Griffin, R v [2023] EWCA Crim 1111 (19 September 2023)

Agate, R. v [2023] EWCA Crim 1081 (08 September 2023)

Smith, R. v [2023] EWCA Crim 1097 (08 September 2023)

Source: www.bailii.org

Worker sent home for wearing ‘short dress’ wins sex harassment case – Daily Telegraph

Posted October 6th, 2023 in employment, employment tribunals, equality, harassment, news, sex discrimination, women by michael

‘Levinna Ola said she felt “traumatised, embarrassed and degraded” by comments made by her bosses at NHS pharmacy about her outfits.’

Full Story

Daily Telegraph, 5th October 2023

Source: www.telegraph.co.uk