Recent Statutory Instruments – legislation.gov.uk
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 2023/825 – 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.’
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.’
Law & Religion UK, 20th July 2023
Source: lawandreligionuk.com
Consent not needed to offer customers better savings rates, UK banks told – OUT-LAW.com
‘Financial institutions in the UK can lawfully send customers neutral information comparing the savings products they provide without needing the customers’ consent to do so, two regulators have confirmed.’
OUT-LAW.com, 20th July 2023
Source: www.pinsentmasons.com
Ruling gives clarity on assessing cumulative carbon emissions from infrastructure development – OUT-LAW.com
‘The courts in the UK should not be drawn into considering policy when examining if climate decision-making has been lawful, a High Court judge has said.’
OUT-LAW.com, 19th July 2023
Source: www.pinsentmasons.com
Compulsory purchase – lessons from recent refusals – Local Government Lawyer
‘Two recent compulsory purchase decisions have highlighted certain areas of risk to acquiring authorities, writes Matthew Tucker. These decisions particularly emphasise the importance of the process of negotiation and also indicate a heightened level of scrutiny of acquiring authorities’ conduct in this respect.’
Local Government Lawyer, 21st July 2023
Source: www.localgovernmentlawyer.co.uk
Waiving or varying a requirement in an enforcement notice – Local Government Lawyer
‘The Divisional Court has ruled on the power to waive or relax an enforcement notice under Section 172A. Melissa Murphy KC and Charles Streeten look at the outcome.’
Local Government Lawyer, 21st July 2023
Source: www.localgovernmentlawyer.co.uk
City practice is first law firm to obtain ISO diversity certification – Legal Futures
‘City firm CMS UK has become the first law firm to be awarded the new ISO 30415 diversity and inclusion certification.’
Legal Futures, 20th July 2023
Source: www.legalfutures.co.uk
Law Commission recommendations to allow for electronic trade documents implemented in Electronic Trade Documents Act 2023 – Law Commission
‘On Thursday 20 July, the Law Commission’s recommendations on electronic trade documents became law as the Electronic Trade Documents Act 2023 secured royal assent.’
Law Commission, 20th July 2023
Source: www.lawcom.gov.uk
Judge lambasts City firm over costs bill – Law Society’s Gazette
‘A City firm has been lambasted by a judge for a costs bill fiasco which saw clients applying for relief at the High Court.’
Law Society's Gazette, 20th July 2023
Source: www.lawgazette.co.uk
Judge rejects challenge to Surrey Hills oil and gas exploration plans – The Guardian
‘Fossil fuel prospectors have cleared another hurdle on their path to drill for oil and gas near an area of outstanding natural beauty (AONB) in the Surrey Hills after campaigners lost a judicial review of the plan.’
The Guardian, 20th July 2023
Source: www.theguardian.com
Murderer of paedophile jailed for minimum 20 years – BBC News
‘A man who killed a convicted paedophile with a wooden plank has been given a life sentence and will spend a minimum of 20 years in prison.’
BBC News, 20th July 2023
Source: www.bbc.co.uk
BAILII: Recent Decisions
Supreme Court
Jones v Birmingham City Council & Anor (Rev1) [2023] UKSC 27 (19 July 2023)
Court of Appeal (Civil Division)
E (A Child: Care Proceedings Fact Finding) [2023] EWCA Civ 858 (19 July 2023)
Alma Property Management Ltd v Crompton & Anor [2023] EWCA Civ 849 (19 July 2023)
High Court (Administrative Court)
DK, R (On the Application Of) v London Borough of Croydon [2023] EWHC 1833 (Admin) (19 July 2023)
High Court (Chancery Division) Decisions
Lakey v Macabuag & Ors Re Mitt Wearables Ltd [2023] EWHC 1800 (Ch) (19 July 2023)
ACL Netherlands BV & Ors v Lynch & Anor [2023] EWHC 1847 (Ch) (19 July 2023)
Kea Investments Ltd v Watson [2023] EWHC 1830 (Ch) (19 July 2023)
Lendinvest BTL Ltd v Property Services LDN Ltd [2023] EWHC 1778 (Ch) (18 July 2023)
High Court (Commercial Court)
LMH v EGK (Re Arbitration Act 1996) [2023] EWHC 1832 (Comm) (19 July 2023)
Delivery Hero SE v Mastercard Asia/Pacific Pte Ltd [2023] EWHC 1827 (Comm) (19 July 2023)
High Court (King’s Bench Division)
Styles v South Wales Police [2023] EWHC 1835 (KB) (19 July 2023)
High Court (Technology and Construction Court)
Henderson and Jones Ltd v Stargunter Ltd & Anor [2023] EWHC 1849 (TCC) (19 July 2023)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
SI 2023/827 – The Insurance Premium Tax (Amendment) Regulations 2023
SI 2023/824 – The Immigration (Passenger Transit Visa) (Amendment) Order 2023
SI 2023/823 – The Social Security (Contributions) (Amendment No. 6) Regulations 2023
SI 2023/822 – The School Teachers’ Incentive Payments (England) (Amendment) Order 2023
SI 2023/818 – The Transfer Pricing Records Regulations 2023
SI 2023/817 – The Platform Operators (Due Diligence and Reporting Requirements) Regulations 2023
Source: www.legislation.gov.uk
Court of Appeal upholds challenge to Rwanda removals policy – an extended look – UK Human Rights Blog
‘R ((AAA) Syria and Ors) v Secretary of State for the Home Department [2023] EWCA Civ 745. The Claimants in this case are 10 individual asylum-seekers from Syria, Iraq, Iran, Vietnam, Sudan and Albania who entered the UK irregularly by crossing the English Channel in small boats, together with one charity, Asylum Aid.’
UK Human Rights Blog, 19th July 2023
Source: ukhumanrightsblog.com
Domestic Homicide Sentencing Review and government response – Ministry of Justice
‘The Domestic Homicide Sentencing Review undertaken by independent reviewer Clare Wade KC and the government response.’
Ministry of Justice, 20th July 2023
Source: www.gov.uk
Eight out of 10 NHS claims now settle pre-issue – Legal Futures
‘The proportion of claims settled by NHS Resolution pre-issue hit a record 80% in the last year, but the cost of claims still rose, according to its annual report.’
Legal Futures, 20th July 2023
Source: www.legalfutures.co.uk
Neurodiverse judicial candidate fails in tribunal claim – Law Society’s Gazette
‘A candidate for the bench has lost an employment tribunal claim against the Judicial Appointments Commission (JAC) over reasonable adjustments.’
Law Society's Gazette, 19th July 2023
Source: www.lawgazette.co.uk
