Tougher rules will target illegal ads and fake influencer scams, says Government – The Independent

Posted July 25th, 2023 in advertising, consumer protection, electronic commerce, internet, news by sally

‘Tougher new rules are set to clamp down on illegal and age-restricted adverts and fake celebrity scams, the Government has said.’

Full Story

The Independent, 25th July 2023

Source: www.independent.co.uk

Luton: Electric unicycle rider jailed over pensioner’s death – BBC News

Posted July 25th, 2023 in careless driving, guilty pleas, homicide, news, sentencing by sally

‘A man who was riding an electric unicycle on a pavement when he hit an 88-year-old pedestrian, causing fatal injuries, has been jailed.’

Full Story

BBC News, 24th July 2023

Source: www.bbc.co.uk

Man who posed online as child model scout admits 88 sex offences – The Guardian

‘A man who posed online as a scout for child models has admitted 88 sex offences against victims as young as six.’

Full Story

The Guardian, 24th July 2023

Source: www.theguardian.com

BAILII: Recent Decisions

Posted July 24th, 2023 in law reports by sally

Court of Appeal (Civil Division)

McGaughey & Anor v Universities Superannuation Scheme Ltd & Ors [2023] EWCA Civ 873 (21 July 2023)

Wright & Ors v BTC Core & Ors (Rev1) [2023] EWCA Civ 868 (20 July 2023)

Zhongshan Fucheng Investment Co Ltd v Federal Republic of Nigeria [2023] EWCA Civ 867 (20 July 2023)

Plescan v Secretary of State for Work and Pensions [2023] EWCA Civ 870 (20 July 2023)

Court of Appeal (Criminal Division)

Hamilton, R. v [2023] EWCA Crim 850 (20 July 2023)

High Court (Administrative Court)

El-Khouri v Government of the United States of America (Rev1) [2023] EWHC 1878 (Admin) (21 July 2023)

Dalston Projects Ltd & Ors v Secretary of State for Transport [2023] EWHC 1885 (Admin) (21 July 2023)

HA & Ors v Secretary of State for the Home Department [2023] EWHC 1876 (Admin) (21 July 2023)

Protect Dunsfold Ltd v Secretary of State for Levelling Up, Housing and Communities & Ors [2023] EWHC 1854 (Admin) (20 July 2023)

High Court (Chancery Division)

A Company v Respondent (Re Injunction to Restrain Presentation of a Petition and Insolvency Act 1986) [2023] EWHC 1779 (Ch) (21 July 2023)

McLean & Ors v McLean [2023] EWHC 1863 (Ch) (20 July 2023)

High Court (Commercial Court)

Lakatamia Shipping Company Ltd v Su & Ors [2023] EWHC 1874 (Comm) (21 July 2023)

Technip Saudi Arabia Ltd v Mediterranean and Gulf Cooperative Insurance and Reinsurance Company [2023] EWHC 1859 (Comm) (21 July 2023)

High Court (Family Division)

Derbyshire County Council v Marsden [2023] EWHC 1892 (Fam) (21 July 2023)

High Court (King’s Bench Division)

Davidoff & Ors v Hargrave [2023] EWHC 1825 (KB) (21 July 2023)

Cavallari & Ors v Mercedes-Benz Group AG & Ors (No. 1: Disclosure Issues) [2023] EWHC 1888 (KB) (21 July 2023)

Goodmans Autos Ltd v Maverstone Properties Ltd & Anor [2023] EWHC 1882 (KB) (21 July 2023)

Chapman v Mid and South Essex NHS Foundation Trust (Re Costs) [2023] EWHC 1871 (KB) (20 July 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 24th, 2023 in legislation by sally

SI 2023/860 – The Electricity Capacity (Amendment) Regulations 2023

SI 2023/856 – The Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2023

SI 2023/838 – The Offshore Installations (Safety Zones) Order 2023

SI 2023/829 – The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 1) (Scotland) Order 2023

SI 2023/825 – The Education (Designated Institutions in Further Education) (Amendment) Order 2023

SI 2023/821 – The Health and Care Act 2022 (Commencement No. 6 and Saving Provision) Regulations 2023

Source: www.legislation.gov.uk

Assessing the Right to Family Life in UK Immigration Appeals: A Case Study of a Russian National – EIN Blog

Posted July 24th, 2023 in appeals, families, human rights, immigration, married persons, news, Russia, visas by sally

‘Introduction: Within the intricate realm of immigration appeals, the appellant’s right to family life often emerges as a focal point. This article delves into a specific case study that elucidates the intricacies and challenges encountered when evaluating this fundamental human right within the context of an immigration appeal. The case revolves around an appellant, a Russian citizen, who seeks permission to remain in the United Kingdom (UK) as the spouse of a British citizen. Through a comprehensive analysis, this article aims to shed light on the pertinent factors and the delicate balance required in determining the appellant’s right to family life.’

Full Story

EIN Blog, 21st July 2023

Source: www.ein.org.uk

Unlawful eviction – section 27 residence and section 28 damages – Nearly Legal

Posted July 24th, 2023 in county courts, damages, estoppel, housing, news by sally

‘Wilson v Wilson & Anor (2023) EW Misc 5 (CC). A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in relations between a family. The key issue being the residential status of the claimant where she was, admittedly, absent from the property. There was also a claim in proprietary estoppel.’

Full Story

Nearly Legal, 23rd July 2023

Source: nearlylegal.co.uk

M&S decision brings embodied carbon impacts to fore in re-development v refurbishment debate – OUT-LAW.com

Posted July 24th, 2023 in climate change, environmental protection, news, planning by sally

‘The recent decision in relation to Marks & Spencer’s flagship Oxford Street store highlights the increasing scrutiny being placed on the embodied carbon associated with re-development.’

Full Story

OUT-LAW.com, 21st July 2023

Source: www.pinsentmasons.com

Appeal court clarifies Electronic Communications Code interpretation – OUT-LAW.com

Posted July 24th, 2023 in appeals, codes of practice, interpretation, news, telecommunications by sally

‘A recent unanimous ruling of the Court of Appeal has reiterated the willingness of the courts of England and Wales to consider and apply the purpose of the Electronic Communications Code (the Code) when seeking to interpret provisions of the Code that lack clarity – to the benefit of both operators and infrastructure providers alike, experts have said.’

Full Story

OUT-LAW.com, 21st July 2023

Source: www.pinsentmasons.com

Section 106s and all that – Local Government Lawyer

Posted July 24th, 2023 in housing, local government, news, planning by sally

‘While the case law on s.106 issues should now be settled, two recent decisions, like London red buses, come along as useful additions to the planning practitioner’s e-library, writes John Pugh-Smith.’

Full Story

Local Government Lawyer, 21st July 2023

Source: www.localgovernmentlawyer.co.uk

Law firm’s “implausible” €1.4m claim against bank thrown out – Legal Futures

Posted July 24th, 2023 in banking, fees, law firms, news by sally

‘The High Court has granted a leading bank summary judgment on an “inherently implausible” €1.4bn (£1.2bn) claim for an introduction fee brought by a US law firm.’

Full Story

Legal Futures, 24th July 2023

Source: www.legalfutures.co.uk

Legal aid JR to be heard in run-up to Christmas – Law Society’s Gazette

‘A judicial review of the lord chancellor’s decision not to raise criminal legal aid fees for solicitors by the minimum 15% recommended by a government-commissioned review will be heard in the weeks leading up to Christmas, the Gazette has learned.’

Full Story

Law Society's Gazette, 24th July 2023

Source: www.lawgazette.co.uk

Abramovich ally begins high court challenge against UK sanctions – The Guardian

‘Eugene Shvidler, a longtime ally of the billionaire Roman Abramovich, has accused the UK government of “oppressive treatment” as he launched a legal challenge against sanctions imposed upon him after Russia’s invasion of Ukraine.’

Full Story

The Guardian, 20th July 2023

Source: www.theguardian.com

NHS trust accused of cover-up is refusing to release report into deaths – The Guardian

‘An ambulance trust accused of hiding information from a coroner about patients that died is keeping a damning internal report about the deaths secret, the Guardian can reveal. A consultant paramedic implicated in the alleged cover-ups continues to be involved in decisions to keep the report from the public.’

Full Story

The Guardian, 24th July 2023

Source: www.theguardian.com

David Carrick: Wiltshire Police investigated over 2016 allegations – BBC News

‘A police force is being investigated after concerns were raised about its handling of allegations made in 2016 about serial rapist officer, David Carrick.’

Full Story

BBC News, 23rd July 2023

Source: www.bbc.co.uk

Swindon resident fined for fly-tipping as council cracks down – BBC News

Posted July 24th, 2023 in fines, local government, news, waste by sally

‘A person has been issued with a £400 fixed penalty notice (FPN) as a council cracks down on fly-tipping.’

Full Story

BBC News, 24th July 2023

Source: www.bbc.co.uk

New Act – legislation.gov.uk

Posted July 21st, 2023 in financial regulation, legislation by sally

2023 c. 30 – Finance (No. 2) Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 21st, 2023 in legislation by sally

SI 2023/853 – The Commonwealth Development Corporation (Limit on Government Assistance) Regulations 2023

SI 2023/848 – The National Health Service (Ophthalmic Services and Optical Charges and Payments) (Amendment) Regulations 2023

SI 2023/847 – The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2023

SI 2023/845 – The International Atomic Energy Agency (Immunities and Privileges) (Amendment) Order 2023

SI 2023/843 – The Firefighters’ Pensions (Remediable Service) Regulations 2023

SI 2023/837 – The International Criminal Police Organisation (Immunities and Privileges) Order 2023

SI 2023/836 – The Cosmetic Products (Restriction of Chemical Substances) (No. 2) Regulations 2023

SI 2023/831 – The Police Pensions (Remediable Service) Regulations 2023

SI 2023/829 – The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 1) (Scotland) Order 2023

SI 2023/825 – The Education (Designated Institutions in Further Education) (Amendment) Order 2023

Source: www.legislation.gov.uk

R (on the application of Maguire) v HM Senior Coroner for Blackpool & Fylde and another – Inquests and Inquiries Law Blog

‘In this post, Alex Carington considers the Supreme Court’s decision in an appeal by the family of the Deceased who sought to challenge the Coroner’s decision that Art. 2 of the Human Rights Act 1998 did not require an expanded conclusion having heard all of the evidence at the inquest such that the jury were requested to return a short form conclusion only. The appeal also raised issues about the boundary of the systems duty and operational duty (and the content of both) as well as the boundary between the enhanced procedural obligation on one hand and basic procedural obligation together with the redress procedural obligation on the other.’

Full Story

Inquests and Inquiries Law Blog, 18th July 2023

Source: inquestsandinquirieslawblog.com

IICSA Chair to develop proposals for CofE safeguarding – Law & Religion UK

‘The Church of England has issued the following Press Release announcing that Professor Alexis Jay is to develop proposals for a fully independent structure for safeguarding scrutiny.’

Full Story

Law & Religion UK, 20th July 2023

Source: lawandreligionuk.com