New free legal advice for people facing eviction or repossession – Ministry of Justice

‘A new government-backed scheme providing free legal advice to help 38,000 people a year at risk of losing their home launches today (1 August).’

Full Story

Ministry of Justice, 1st August 2023

Source: www.gov.uk

Tighter direction for use of police cautions unveiled – Ministry of Justice

Posted August 4th, 2023 in cautions, codes of practice, consultations, Ministry of Justice, news, police by sally

‘Stricter rules to govern how police use cautions will ensure they should only be used for minor, first-time offences under a new code of practice published today (2 August).’

Full Story

Ministry of Justice, 2nd August 2023

Source: www.gov.uk

‘As easy as 123’ – Section 123 of the Local Government Act 1972 considered in R (Cilldara) v West Northamptonshire Council [2023] EWHC 1675 (Admin) – Local Government Lawyer

Posted August 4th, 2023 in judicial review, land registration, local government, news, valuation by sally

‘Colin Ricciardello and Jonathan Blunden analyse the increasing number of challenges to councils’ use of s123 of the Local Government Act 1972 (the “1972 Act”).’

Full Story

Local Government Lawyer, 4th August 2023

Source: www.localgovernmentlawyer.co.uk

The power to regulate proceedings and place restrictions on councillor voting – Local Government Lawyer

Posted August 4th, 2023 in appeals, local government, news by sally

‘Philip McCourt looks at a recent Court of Appeal case and what that means for committee members who aren’t present for a full item of business but may still wish to vote.’

Full Story

Local Government Lawyer, 4th August 2023

Source: www.localgovernmentlawyer.co.uk

Jail for van driver who smuggled children as young as one – Home Office

‘A British man who tried to smuggle migrant children as young as 1 into the UK by hiding them behind boxes in his van has been jailed for 4 years.’

Full Story

Home Office, 28th July 2023

Source: www.gov.uk

Wellbeing matters to everyone at the Bar: new video launch – The Bar Council

Posted August 4th, 2023 in barristers, mental health, news by sally

‘Wellbeing matters to everyone at the Bar. In this new video, leaders from across the Bar explore some of the issues and challenges the profession faces, as well as potential solutions and ways for members of the Bar and associated professions to get help if they need it.’

Full Story

The Bar Council, 27th July 2023

Source: www.barcouncil.org.uk

Government plans ‘strengthened’ out-of-court disposals – Law Society’s Gazette

Posted August 4th, 2023 in codes of practice, consultations, criminal justice, news by sally

‘The existing framework of out of court disposals, used when it is not in the public interest to go to court, has been described as ‘unwieldy’ by the government which is now proposing a “simplified, strengthened two-tier framework”.’

Full Story

Law Society's Gazette, 2nd August 2023

Source: www.lawgazette.co.uk

British academic asks Foreign Office for formal apology over failure to spot torture during his detention in UAE – The Independent

‘The Foreign Office failed to notice signs of torture and provide help to a British academic during his detention in the United Arab Emirates, a watchdog has found.’

Full Story

The Independent, 4th August 2023

Source: www.independent.co.uk

Watchdog opens fresh inquiry into Tory peer over possible PPE lobbying breach – The Guardian

Posted August 4th, 2023 in conflict of interest, coronavirus, inquiries, lobbying, news, parliament by sally

‘The House of Lords conduct watchdog has opened an investigation into the Conservative peer Lord Chadlington after new details about his introduction of a firm that was awarded £50m in PPE contracts were reported by the Guardian.’

Full Story

The Guardian, 3rd August 2023

Source: www.theguardian.com

Far-right satanist on terrorist watch jailed for making child abuse image – The Guardian

‘A convicted satanist and far-right extremist who was given a suspended sentence as a teenager has now been imprisoned after admitting further crimes including making an indecent photograph of a child.’

Full Story

The Guardian, 3rd August 2023

Source: www.theguardian.com

Cases of two men convicted on corrupt police officer’s evidence referred back to courts – The Guardian

‘Two men who died with convictions based on evidence from a disgraced police officer with a history of racism and corruption have had their cases referred back to the courts.’

Full Story

The Guardian, 4th August 2023

Source: www.theguardian.com

Tomasz Waga: Cannabis factory pair linked to murder jailed – BBC News

Posted August 4th, 2023 in drug offences, gangs, imprisonment, murder, news, sentencing, theft by sally

‘The operators of a cannabis factory targeted by a thief who was then murdered have been jailed.’

Full Story

BBC News, 3rd August 2023

Source: www.bbc.co.uk

New Act – legislation.gov.uk

Posted August 3rd, 2023 in documents, electronic commerce, legislation by michael

2023 c.38 – Electronic Trade Documents Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 3rd, 2023 in legislation by michael

SI 2023/889 – The Organic Production (Control of Imports) (Amendment) Regulations 2023

SI 2023/887 – The Electricity (Standards of Performance) (Amendment) Regulations 2023

SI 2023/884 – The Finance (No. 2) Act 2023, Part 2 (Alcohol Duty) (Appointed Day, Savings, Consequential Amendments and Transitional Provisions) Regulations 2023

SI 2023/882 – The School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) (No. 2) Regulations 2023

SI 2023/878 – The Official Statistics Order 2023

SI 2023/876 – The Employment (Allocation of Tips) Act 2023 (Commencement No. 1) Regulations 2023

SI 2023 / 875 – The Power to Award Degrees etc. (S P Jain London School of Management Limited) Order 2023

SI 2023/873 – The Electricity and Gas (Energy Company Obligation) Order 2023

SI 2023/872 – The Postal Packets (Miscellaneous Amendments) Regulations 2023

SI 2023/871 – The Teachers’ Pension Scheme (Remediable Service) Regulations 2023

SI 2023/870 – The Armed Forces (Service Supervision and Punishment Orders) Regulations 2023

SI 2023/869 – The Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) Regulations 2023

SI 2023/867 – The Tuberculosis in Animals (England) (Amendment) Order 2023

SI 2023/866 – The Faculty Jurisdiction (Amendment) Rules 2023

SI 2023/865 – The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2023

SI 2023/864 – The Legal Officers (Annual Fees) Order 2023

SI 2023/863 – The Church Representation Rules (Amendment) Resolution 2023

SI 2023/855 – The University Hospitals of Leicester National Health Service Trust (Establishment) (Amendment) Order 2023

Source: www.legislation.gov.uk

The Case for Caution in Making Social Class a Protected Characteristic under the UK’s Equality Act 2010 – Oxford Human Rights Hub

Posted August 3rd, 2023 in education, employment, equality, news, universities by sally

‘Momentum is growing in the UK to make social class a statutory protected characteristic. The Co-Op, The British Psychological Society, and the Bridge Group, amongst others, have proposed legislative reform to prohibit class discrimination. This may look like an “easy win”, especially for political parties puzzling over their manifestos and wanting to signal tangible action to combat the cost-of-living crisis. Yet there are considerable risks that this legal reform would either achieve little or actually hamper initiatives to combat socio-economic inequality.’

Full Story

Oxford Human Rights Hub, 3rd August 2023

Source: ohrh.law.ox.ac.uk

BAILII: Recent Decisions

Posted August 3rd, 2023 in law reports by michael

Court of Appeal (Civil Division)

SB, R (On the Application Of) v Royal Borough of Kensington & Chelsea [2023] EWCA Civ 924 (31 July 2023)

AA & Ors, R (On the Application Of) v National Health Service Commissioning Board [2023] EWCA Civ 902 (31 July 2023)

B (A Child) (Fact-Finding) [2023] EWCA Civ 905 (31 July 2023)

Celik v Secretary of State for the Home Department [2023] EWCA Civ 921 (31 July 2023)

Darwall & Anor v Dartmoor National Park Authority [2023] EWCA Civ 927 (31 July 2023)

Mimo Connect Ltd v Buley & Ors [2023] EWCA Civ 909 (28 July 2023)

The Spitalfields Historic Building Trust, R (On the Application Of) v London Borough Of Tower Hamlets [2023] EWCA Civ 917 (28 July 2023)

Court of Appeal (Criminal Division)

Trowland & Anor, R. v [2023] EWCA Crim 919 (31 July 2023)

High Court (Administrative Court)

Ball, R (On the Application Of) v Hinckley & Bosworth Borough Council [2023] EWHC 1922 (Admin) (01 August 2023)

Commissioner of the Police of the Metropolis, R. (On the Appliation of) v Crown Court At Kingston-Upon-Thames [2023] EWHC 1938 (Admin) (31 July 2023)

Worcestershire Acute Hospitals NHS Trust, R (On the Application Of) v Malvern Hills District Council & Ors [2023] EWHC 1995 (Admin) (31 July 2023)

High Court (Chancery Division)

Beake & Anor v Chapman & Anor (Re London South West SW Ltd and Insolvency Act 1986) [2023] EWHC 1986 (Ch) (02 August 2023)

Warwickshire College v Malvern Hills District Council [2023] EWHC 2008 (Ch) (01 August 2023)

Patel v Parker & Ors [2023] EWHC 1979 (Ch) (31 July 2023)

Brass Trustees Ltd v Goldstone & Anor [2023] EWHC 1978 (Ch) (31 July 2023)

Merry & Ors v Esa (Re Safe Depot Ltd and Insolvency Act 1986) [2023] EWHC 2011 (Ch) (31 July 2023)

Freed & Anor v Saffron Management Ltd & Ors [2023] EWHC 1919 (Ch) (28 July 2023)

Enigma Diagnostics Ltd & Ors v Boulter & Ors [2023] EWHC 1999 (Ch) (28 July 2023)

High Court (Commercial Court)

Rolls-Royce Holdings Plc v Goodrich Corporation [2023] EWHC 2002 (Comm) (01 August 2023)

Suppipat & Ors v Narongdej & Ors [2023] EWHC 1988 (Comm) (31 July 2023)

Source: www.bailii.org

Trustees of the Barry Congregation of Jehovah’s Witnesses v BXB [2023] UKSC 15 – Guildhall Chambers

Posted August 3rd, 2023 in chambers articles, news, rape, Supreme Court, vicarious liability by sally

‘In one of the first major decisions on vicarious liability since Barclays Bank and Morrisons, the Supreme Court has provided clarity on the limits of the doctrine.’

Full Story

Guildhall Chambers, 17th July 2023

Source: www.guildhallchambers.co.uk

Judge directs local authority not to tell maternal or paternal families about placement of twins for adoption – Local Government Lawyer

Posted August 3rd, 2023 in adoption, families, Islam, news, notification, placement orders by sally

‘A deputy High Court judge has agreed that a local authority need not tell any family members about twins being placed for adoption.’

Full Story

Local Government Lawyer, 3rd August 2023

Source: www.localgovernmentlawyer.co.uk

Unravelling it all: challenging judgments tainted by fraud – Gatehouse Chambers

Posted August 3rd, 2023 in chambers articles, foreign jurisdictions, judgments, news, setting aside by sally

‘Final and conclusive judgments, meaning judgments of judicial bodies which bring litigation to an end and are not (or are no longer) subject to an appeal process, have a special place in this jurisdiction. The principle of finality demands that they be respected, complied with, and left undisturbed save in the most exceptional of circumstances. English law takes this attitude both to its domestic judgments, for obvious reasons, but also to foreign judgments, for less obvious (although by no means less valid) reasons.’

Full Story

Gatehouse Chambers, 31st July 2023

Source: gatehouselaw.co.uk

Court of Appeal hands down judgment in the FX Collective Proceedings – Jurisdiction to Appeal, Opt-in vs Opt-out, and Carriage – Henderson Chambers

Posted August 3rd, 2023 in appeals, carriage of goods, chambers articles, competition, jurisdiction, news by sally

‘On 25 July 2023, the Court of Appeal handed down its judgment in Evans v Barclays Bank Plc & Ors [2023] EWCA Civ 876, widely known as ‘the FX collective proceedings’. The judgment was handed down on the same day as the Court’s judgment in UK Trucks Claim Limited v Stellantis NV (formerly Fiat Chrysler Automobiles NV) & Others [2023] EWCA Civ 875. Both judgments provide welcome additional clarity on matters of certification, and the FX judgment in particular provides useful guidance on (i) the statutory jurisdiction to appeal under section 49(1A) of the Competition Act 1998, (ii) the assessment of whether proceedings should be brought on an opt-in or an opt-out basis, and (iii) and the determination of carriage disputes.’

Full Story

Henderson Chambers, 28th July 2023

Source: www.hendersonchambers.co.uk