Liberty launches judicial review challenge arguing protest law is “unjustified interference” with Parliamentary sovereignty – Local Government Lawyer

‘The National Council for Civil Liberties, also known as Liberty, is threatening a judicial review of the Home Secretary’s efforts to widen the circumstances in which the police can impose conditions on people organising or taking part in protests.’

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Local Government Lawyer, 19th June 2023

Source: www.localgovernmentlawyer.co.uk

Driver of Croydon tram in fatal 2016 crash cleared by Old Bailey jury – The Guardian

Posted June 20th, 2023 in health & safety, news, railways, transport by sally

‘The driver in the Croydon tram crash that killed seven people has been found not guilty of failing to take reasonable care of his passengers.’

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The Guardian, 19th June 2023

Source: www.theguardian.com

Rape victims still being ‘failed’ two years after action promised – BBC News

Posted June 20th, 2023 in Crown Prosecution Service, news, police, prosecutions, rape, reports, victims by sally

‘Two years after the government’s end-to-end rape review for England and Wales, victims are still being failed, say women’s groups.’

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BBC News, 20th June 2023

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 19th, 2023 in law reports by michael

Court of Appeal (Criminal Division)

Hussain & Ors, R. v [2023] EWCA Crim 697 (16 June 2023)

High Court (Administrative Court)

Paczkowski v Regional Court of Szczecin, Poland [2023] EWHC 1489 (Admin) (19 June 2023)

Swalcliffe Park School, R (On the Application Of) v Workingham Borough Council & Anor [2023] EWHC 1451 (Admin) (16 June 2023)

Alexander, R (On the Application Of) v Eveleigh [2023] EWHC 1407 (Admin) (16 June 2023)

High Court (Chancery Division)

Aymes International Ltd v Nutrition 4u BV & Ors [2023] EWHC 1452 (Ch) (19 June 2023)

Lyndou & Anor v Lazarichev & Ors [2023] EWHC 1487 (Ch) (16 June 2023)

Newron Pharmaceuticals SpA v Comptroller-General of Patents, Trade Marks and Designs [2023] EWHC 1471 (Ch) (16 June 2023)

Virgin Media Ltd v NTL Pension Trustees II Ltd & Ors [2023] EWHC 1441 (Ch) (16 June 2023)

Jones & Ors v Jones (Re Estate of Daphne Penelope Jones) [2023] EWHC 1457 (Ch) (16 June 2023)

Vneshprombank LLC v Bedzhamov [2023] EWHC 1459 (Ch) (16 June 2023)

High Court (Commercial Court)

London International Exhibition Centre Plc v Royal & Sun Alliance Insurance Plc & Ors [2023] EWHC 1481 (Comm) (16 June 2023)

Astra Asset Management UK Ltd v Odin Automotive SARL [2023] EWHC 1465 (Comm) (16 June 2023)

High Court (King’s Bench Division)

University of Brighton v Persons Unknown Occupying Land (Rev1) [2023] EWHC 1485 (KB) (16 June 2023)

Brem v Clark & Anor [2023] EWHC 1358 (KB) (16 June 2023)

Waste Managed Ltd v Wilce & Ors [2023] EWHC 1456 (KB) (15 June 2023

High Court (Technology & Construction Court)

Denny v Babaee & Ors [2023] EWHC 1490 (TCC) (19 June 2023)

J & B Hopkins Ltd v A & V Building Solution Ltd [2023] EWHC 1483 (TCC) (16 June 2023)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2023 in legislation by michael

SI 2023/668 – The Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023

SI 2023/666 – The Motor Vehicles (Driving Licences) (Amendment) Regulations 2023

SI 2023/664 – The Scotland Act 2016 (Social Security) (Disability Living Allowance) (Amendment) Regulations 2023

SI 2023/665 – The Russia (Sanctions) (EU Exit) (Amendment) (No. 2) Regulations 2023

SI 2023/662 – The Civil Aviation (Investigation of Air Accidents and Incidents) (Guernsey) Order 2023

SI 2023/660 – The Little Crow Solar Park (Amendment) Order 2023

SI 2023/658 – The Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (Amendment) Regulations 2023

SI 2023/656 – The Libya (Sanctions) (Overseas Territories) (Amendment) Order 2023

SI 2023/655 – The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023

SI 2023/654 – The Redditch (Electoral Changes) Order 2023

SI 2023/653 – The Stevenage (Electoral Changes) Order 2023

SI 2023/652 – The Maidstone (Electoral Changes) Order 2023

SI 2023/651 – The Environmental Permitting (England and Wales) (Amendment) (England) Regulations 2023

SI 2023/644 – The Dunham Bridge (Revision of Tolls) Order 2023

SI 2023/640 – The Social Security (Income and Capital Disregards) (Amendment) Regulations 2023

SI 2023/627 – The Medical Devices (Amendment) (Great Britain) Regulations 2023

SI 2023/618 – The Customs (Northern Ireland: Repayment and Remission) (EU Exit) (Amendment) Regulations 2023

S! 2023/616 – The Republic of Belarus (Sanctions) (EU Exit) (Amendment) Regulations 2023

SI 2023/603 – The Care Quality Commission (Fees) (Reviews and Performance Assessments: Integrated Care System) Regulations 2023

SI 2023/602 – The Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

Ex-judges “need guidance or regulation” on post-retirement work – Legal Futures

‘The Post Office’s use of two former senior judges in its defence of the sub-postmaster prosecutions indicates the need for guidance or regulation on what judges do in retirement, it has been argued.’

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Legal Futures, 19th June 2023

Source: www.legalfutures.co.uk

Getting it all wrong… LB Redbridge ‘dismal’ homelessness decisions – Nearly Legal

‘Ms UO and her 3 children, aged 11, 5 and 3, were homeless and had applied to LB Redbridge. The family had NASS accommodation in the Tottenham area since 2021, after NASS accommodation in Croydon and West Ham from 2019. Ms UO’s elder children were enrolled in school in Tottenham and the youngest in the nursery attached to the school. MS UO had connections in Redbridge herself. Following Ms UO’s grant of asylum in 2022, the NASS accommodation ceased. She applied to Redbridge. The application stressed how important the children’s school was to them. She then did not hear anything from Redbridge until the day before her eviction from the NASS accommodation.’

Full Story

Nearly Legal, 18th June 2023

Source: nearlylegal.co.uk

New Order Precedents Summarise Privacy Restrictions for Readers – Transparency Project

Posted June 19th, 2023 in children, confidentiality, families, family courts, news, privacy by sally

‘Most Family Court orders have some sort of confidentiality warning on them these days, especially in cases about children. Typically they warn that the names of the children and family members must not be published.’

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Transparency Project, 18th June 2023

Source: transparencyproject.org.uk

Most magistrates courts in England and Wales have accessibility failings – The Guardian

‘Three-quarters of magistrates courts in England and Wales are inadequately accessible for people with disabilities, with a lack of ramps, inaccessible toilets and non-functioning hearing loops all featuring as failings.’

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The Guardian, 19th June 2023

Source: www.theguardian.com

MR: Regulators and courts need to control use of ChatGPT in litigation – Legal Futures

‘Legal regulators and the courts may need to control “whether and in what circumstances and for what purposes” lawyers can use artificial intelligence (AI) systems like ChatGPT in litigation, the Master of the Rolls has said.’

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Legal Futures, 19th June 2023

Source: www.legalfutures.co.uk

Online safety bill: changes urged to allow access to social media data – The Guardian

‘Online safety experts will struggle to sound the alarm about harmful content if landmark legislation does not allow independent researchers to access data from social media platforms, campaigners have warned.’

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The Guardian, 19th June 2023

Source: www.theguardian.com

Planning enforcement and equalities duties – Local Government Lawyer

‘A recent High Court ruling shows that equalities duties must be treated differently, writes Roderick Morton.’

Full Story

Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

No such thing as a s114 notice – Local Government Lawyer

Posted June 16th, 2023 in budgets, local government, news, notification by sally

‘Reports of “s144 notices” being issued at local authorities are becoming increasingly common. But what are they and what should the monitoring officer do if a s114 report is being made at their authority? Paul Turner explains.’

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Local Government Lawyer, 16th June 2023

Source: www.localgovernmentlawyer.co.uk

Homeless single mother wins High Court battle against London borough – Local Government Lawyer

‘A High Court judge has allowed a homeless single mother’s claim for judicial review against the London Borough of Redbridge on all four grounds.’

Full Story

Local Government Lawyer, 14th June 2023

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 16th, 2023 in legislation by sally

SI 2023/661 – The Free Zone (Customs Site No. 2 Solent) Designation Order 2023

SI 2023/659 – The Exempt Charities Order 2023

SI 2023/657 – The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2023

https://www.legislation.gov.uk/uksi/2023/661/contents/made

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 16th, 2023 in law reports by sally

Court of Appeal (Civil Division)

Sangha v Estate of Diljit Kaur Sangha & Ors [2023] EWCA Civ 660 (15 June 2023)

Blacklion Law LLP v Amira Nature Foods Ltd & Anor [2023] EWCA Civ 663 (15 June 2023)

High Court (Chancery Division)

Alam v Alam & Anor [2023] EWHC 1460 (Ch) (15 June 2023)

High Court (Commercial Court)

Horizon Maritime Services Ltd v CNS Marine Nigeria Ltd [2023] EWHC 1419 (Comm) (14 June 2023)

High Court (King’s Bench Division)

Idnekpoma v Amazon UK Services Ltd & Anor [2023] EWHC 1418 (KB) (15 June 2023)

Coghlan & Anor v Lexlaw Ltd [2023] EWHC 1453 (KB) (15 June 2023)

Source: www.bailii.org

Upper Tribunal: Postponing biometrics and entry clearance – EIN Blog

‘R (MRS & Anor) v ECO (Biometrics, Entry Clearance, Article 8) [2023] UKUT 85 (IAC) (30 Mar 2023). The Upper Tribunal thinks that it is open for the Home Office, in line with article 8 of the ECHR, to have a biometric discretion policy that places significant weight to the public interest and proper legitimate aims which justify biometrics and that only exceptional in the sense of very compelling cases can outweigh that interest. Further, it is incompatible with article 8 of the ECHR for the policy Family Reunion: for refugees and those with humanitarian protection policy version 5 (31 December 2020), to direct decision-makers that only applicants with extraordinary, and therefore rare, unique or unusual circumstances, can succeed.’

Full Story

EIN Blog, 15th June 2023

Source: www.ein.org.uk

FCA proposes tougher rules for cryptoasset marketing – OUT-LAW.com

Posted June 16th, 2023 in advertising, cryptocurrencies, financial services ombudsman, news by sally

‘The UK Financial Conduct Authority (FCA) has set out new rules on how cryptoasset firms can advertise their products, including a cooling-off period for first time investors.’

Full Story

OUT-LAW.com, 15th June 2023

Source: www.pinsentmasons.com

Appeal judges uphold law firm’s entitlement to £300,000 fixed fee – Legal Futures

Posted June 16th, 2023 in appeals, fees, law firms, news by sally

‘The Court of Appeal has upheld an award of £300,000 to a small central London law firm owed under a retainer which the client had claimed was not payable as the transaction it advised on did not go ahead.’

Full Story

Legal Futures, 16th June 2023

Source: www.legalfutures.co.uk

High Court: Letter asserting solicitor’s lien was not defamatory – Legal Futures

Posted June 16th, 2023 in damages, defamation, fees, law firms, negligence, news, solicitors by sally

‘The High Court has thrown out a defamation claim over a letter sent by one law firm to another asserting a solicitor’s lien over £100,000 of any damages awarded to its former clients.’

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Legal Futures, 16th June 2023

Source: www.legalfutures.co.uk