Renters (Reform) Bill – the good, the potentially good and the ugly. Part 1 – Nearly Legal

Posted May 18th, 2023 in bills, housing, landlord & tenant, news, repossession by sally

‘It is finally here, a mere five years from first being promised. The Renters (Reform) Bill has started its parliamentary journey today (17 May). As it stands, it is the largest reform to tenancies in England since 1988 (Wales having done its own, even more significant, thing).’

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Nearly Legal, 17th May 2023

Source: nearlylegal.co.uk

Regulating Big Tech in the UK – Competition Bulletin

‘Following hot(ish) on the heels of the EU’s Digital Markets Act, the UK’s Digital Markets, Competition and Consumers Bill (“the Bill”) was published on 25 April 2023. It seeks to do three things: (1) to establish a new ex-ante regulatory regime for digital markets, conferring powers on the CMA, via its Digital Markets Unit, to impose conduct requirements and make “pro-competitive interventions” (“PCIs”) in relation to designated firms, and to impose hefty penalties for failure to comply; (2) to reform the existing competition law system, notably relating to merger controls, market inquiries and enforcement; and (3) to enhance consumer rights and enforcement. This post focusses on the first of these.’

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Competition Bulletin, 17th May 2023

Source: competitionbulletin.com

Man jailed for Suffolk murder of wife and 12-year-old daughter – The Guardian

Posted May 18th, 2023 in domestic violence, murder, news, sentencing by sally

‘A man who murdered his wife and their 12-year-old daughter has been jailed for life and told he will probably die in prison.’

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The Guardian, 17th May 2023

Source: www.theguardian.com

Bell v HM Coroner for South Yorkshire (Eastern District) – Inquests and Inquiries Law Blog

Posted May 17th, 2023 in chambers articles, coroners, inquests, mental health, news, suicide by sally

‘In this post, Alex Carington considers a recent unsuccessful application under s. 13 of the Coroner’s Act 1988 in light of new evidence to quash an inquest in 1992 into the death of a woman who stepped into the path of an oncoming train where an open verdict was reached.’

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Inquests and Inquiries Law Blog, 16th May 2023

Source: inquestsandinquirieslawblog.com

Greggs challenges ban on 5am chicken goujons – Law Society’s Gazette

Posted May 17th, 2023 in appeals, food, licensing, news by sally

‘A court appeal by Greggs will see the bakery chain challenge a London council’s decision to refuse it a licence to sell hot food 24 hours a day.’

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Law Society's Gazette, 16th May 2023

Source: www.lawgazette.co.uk

UK ringleaders jailed over scam providing fake passports for criminals – The Guardian

‘The ringleaders of a gang that specialised in supplying fake passports to high-level criminals allowing them to evade arrest and identification have been jailed.’

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The Guardian, 16th May 2023

Source: www.theguardian.com

‘Volatile’ cryptocurrency trading should be regulated as gambling, says treasury committee – The Independent

Posted May 17th, 2023 in cryptocurrencies, gambling, news, regulations, select committees by sally

‘Consumer cryptocurrency trading should be regulated as gambling, the treasury committee has urged.’

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The Independent, 17th May 2023

Source: www.independent.co.uk

Changes to the Law of Treasure – The Institute of Art & Law

Posted May 17th, 2023 in news, treasure by sally

‘One might say that if the law of Treasure has slumbered throughout most of its long history it has now had a rude awakening. Its obscure origins in Anglo-Norman common law had nothing to do with preserving items of cultural interest and probably everything to do with a source of revenue for the Crown, albeit in the past it must have been a very modest and haphazard privilege. In the nineteenth century one can at least trace a growing awareness that it could play a significant role in preserving objects of interest from the past. Nevertheless, as late as 1981 the Court of Appeal was still wrestling with the issue of how high a content of gold or silver was required to bring coins within the scope of the old law of Treasure Trove. The 1996 Act was the first attempt to offer a detailed statutory definition and, just as importantly, for the first time set out a statutory Code of Practice to guide the practical application of the new law.’

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The Institute of Art & Law, 14th April 2023

Source: ial.uk.com

High Court clarifies effect of change of law during ongoing group litigation orders – OUT-LAW.com

Posted May 17th, 2023 in class actions, HM Revenue & Customs, news, taxation, time limits by sally

‘A new ruling by the High Court in London has made clear that, in some circumstances, decisions in a test case might not apply to all claimants in a group litigation order (GLO).’

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OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com

The Times pays damages to lawyer over misleading article – The Guardian

Posted May 17th, 2023 in barristers, damages, defamation, homosexuality, marriage, media, news by sally

‘A leading lawyer has received “substantial” damages and an apology from the Times over a misleading report that claimed she had been censured by her professional regulator.’

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The Guardian, 16th May 2023

Source: www.theguardian.com

Man banned from talking about sex to women in public – The Independent

‘A 34-year-old man has been banned from making sexual comments in public to any woman in England and Wales.’

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The Independent, 16th May 2023

Source: www.independent.co.uk

Pair jailed for 3D-printed sub-machine gun plot – BBC News

Posted May 17th, 2023 in firearms, imprisonment, news, sentencing by sally

‘Two men have been jailed for making sub-machine guns using a 3D printer.’

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BBC News, 16th May 2023

Source: www.bbc.co.uk

Air pollution transparency rules among EU laws to be scrapped by UK – The Guardian

‘Laws to ensure the government is transparent about how they plan to reduce harmful air pollution are among those to be scrapped in the EU retained law bill.’

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The Guardian, 16th May 2023

Source: www.theguardian.com

Research Briefing: The regulation of letting and managing agents (England) – House of Commons Library

Posted May 17th, 2023 in estate agents, housing, landlord & tenant, news, parliament by sally

‘This paper describes the current regulatory regime in England and plans to strengthen regulation of letting and managing agents.’

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House of Commons Library, 16th May 2023

Source: commonslibrary.parliament.uk

UK Supreme Court clarifies law on ‘continuing nuisance’ – OUT-LAW.com

Posted May 17th, 2023 in appeals, environmental health, news, nuisance, Supreme Court, time limits by sally

‘A ruling by the UK Supreme Court provides some clarifications on when the law of nuisance can be relied upon for raising environmental claims, but it has also left open some important questions, experts have said.’

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OUT-LAW.com, 16th May 2023

Source: www.pinsentmasons.com

New Act – legislation.gov.uk

Posted May 17th, 2023 in education, legislation, universities by sally

2023 c. 16 – Higher Education (Freedom of Speech) Act 2023

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 17th, 2023 in legislation by sally

SI 2023/542 – The Criminal Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2023

SI 2023/534 – The Register of Overseas Entities (Definition of Foreign Limited Partner, Protection and Rectification) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 17th, 2023 in law reports by sally

Court of Appeal (Civil Division)

SO, R (On the Application Of) v Thanet District Council (Re Costs) [2023] EWCA Civ 526 (16 May 2023)

Secretary of State for Levelling Up, Housing and Communities v Smith & Anor [2023] EWCA Civ 514 (16 May 2023)

Murphy & Anor v Revenue And Customs [2023] EWCA Civ 497 (15 May 2023)

Ras Al Khaimah Investment Authority v Azima & Ors [2023] EWCA Civ 507 (15 May 2023)

Court of Appeal (Criminal Division)

Thakoraka-Palmer, R. v [2023] EWCA Crim 491 (16 May 2023)

High Court (Administrative Court)

MKA, R (On the Application Of) v Secretary of State for Defence [2023] EWHC 1164 (Admin) (16 May 2023)

Annington Property Ltd & Ors, R (On the Application Of) v The Secretary of State for Defence [2023] EWHC 1154 (Admin) (15 May 2023)

High Court (Chancery Division)

Great Annual Savings Company Ltd, Re (Re Companies Act 2006) [2023] EWHC 1141 (Ch) (16 May 2023)

Sheffield City Council v Scotfield Group Ltd & Anor [2023] EWHC 990 (Ch) (15 May 2023)

Forster v Reynolds Porter Chamberlain LLP [2023] EWHC 1150 (Ch) (15 May 2023)

City Gardens Ltd v DOK82 Ltd [2023] EWHC 1149 (Ch) (15 May 2023)

High Court (Commercial Court)

VS MSN 36118 CAV Designated Activity Company v Spicejet Ltd [2023] EWHC 1146 (Comm) (15 May 2023)

Mitsui & Co (USA) Inc v Asia-Potash International Investment (Guangzhou) Co Ltd [2023] EWHC 1119 (Comm) (15 May 2023)

Care Tree Invest 2 Ltd v Bell [2023] EWHC 1151 (Comm) (15 May 2023)

Mercedes-Benz Group AG & Anor v Continental Teves UK Ltd & Ors [2023] EWHC 1143 (Comm) (12 May 2023)

High Court (King’s Bench Division)

AB v XYZ [2023] EWHC 1162 (KB) (16 May 2023)

Source: www.bailii.org

The scope of vicarious liability – Law Society’s Gazette

Posted May 16th, 2023 in negligence, news, rape, Supreme Court, vicarious liability by sally

‘The claimant was a member of the defendant’s church. She and her husband had formed a close friendship with an elder in the church. During a visit to the elder’s house in 1990, the elder raped the claimant while they were together in a room. She reported the crime to the police in 2014 and her assailant was convicted and imprisoned. She then brought a claim against the defendant alleging that it was vicariously liable for the elder’s attack on her. At first instance, the trial judge held that the defendant was vicariously liable and that decision was upheld by the Court of Appeal. The defendant then appealed to the Supreme Court.’

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Law Society's Gazette, 12th May 2023

Source: www.lawgazette.co.uk

UK white supremacist jailed over racist podcasts – The Guardian

Posted May 16th, 2023 in inciting racial hatred, news, podcasts, racism, sentencing by sally

‘The white supremacist host of a podcast that made “vile” racist attacks in an attempt to stir up hatred, divide communities and spread fear has been jailed for two and a half years.’

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The Guardian, 15th May 2023

Source: www.theguardian.com