UK Digital Markets, Competition and Consumer Bill could have major impact on subscription providers – OUT-LAW.com

Posted March 13th, 2023 in bills, consultations, consumer protection, government departments, news by sally

‘Businesses that provide subscription services to customers in the UK should consider the implications of upcoming reforms and prepare for an increased level of regulatory scrutiny.’

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OUT-LAW.com, 13th March 2023

Source: www.pinsentmasons.com

Pre-charge bail statutory guidance – Government publications

Posted March 13th, 2023 in bail, codes of practice, government departments, news by sally

‘This document provides guidance on the pre-charge bail regime in England and Wales, to be read in conjunction with the Police and Criminal Evidence Act 1984. The guidance is approved by the Secretary of State for the Home Office, laid in Parliament and published by the College of Policing.’

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Government publications, 1st March 2023

Source: www.gov.uk

The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool – Courts and Tribunals Judiciary

Posted March 13th, 2023 in damages, forfeiture, penalties, speeches by sally

‘Forfeiture, penalties and damages in property law. The 8th Annual Property Law Lecture at the School of Law and Social Justice in the University of Liverpool given by Mr Justice Fancourt, Vice-Chancellor of the County Palatine of Lancaster on Tuesday, 21 February 2023.’

Full speech

Courts and Tribunals Judiciary, 8th March 2023

Source: www.judiciary.uk

London councils urge Home Office to rethink hotels policy for asylum seekers – The Guardian

‘Two-thirds of London’s councils have signed a letter to the home secretary calling for a major shake-up of the government’s hotels policy for asylum seekers.’

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The Guardian, 12th March 2023

Source: www.theguardian.com

News focus: Guidance on litigation ‘mindfulness’ seeks to address mental health issues – Law Society’s Gazette

Posted March 13th, 2023 in legal profession, mental health, news by sally

‘As the law focuses on mental health, aggressive and belligerent litigators appear to be an archaic breed. New guidance from the Mindful Business Charter aims to bring the profession up to date.’

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Law Society's Gazette, 10th March 2023

Source: www.lawgazette.co.uk

Magistrates’ sentencing powers scaled back – Law Society’s Gazette

Posted March 13th, 2023 in Crown Court, delay, magistrates, Ministry of Justice, news, sentencing by sally

‘Magistrates have had controversial powers that enabled them to sentence people for up to a year in prison taken away from them – but they could be restored, the government has said.’

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Law Society's Gazette, 10th March 2023

Source: www.lawgazette.co.uk

Woman allegedly raped as a teenager calls for change after ‘horrendous’ trial – The Guardian

Posted March 13th, 2023 in cross-examination, news, rape, retrials, sexual offences, trials, victims, young persons by sally

‘A woman who alleges that she was raped as a teenager by an older man has called for changes to the judicial process after finding the experience of going to trial traumatic.’

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The Guardian, 12th March 2023

Source: www.theguardian.com

IOPC investigating response of West Midland police in death of Priory patient – The Guardian

‘The Independent Office for Police Conduct (IOPC) is investigating the response of West Midlands police into the death of a 23-year-old man who ran away from a mental health hospital and was killed by a train.’

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The Guardian, 13th March 2023

Source: www.theguardian.com

Council told to apologise after care home errors – BBC News

Posted March 13th, 2023 in care homes, elderly, local government, news, powers of attorney by sally

‘Shropshire Council has been ordered to apologise by the ombudsman, after an elderly man with dementia was placed in an unsuitable care home.’

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BBC News, 11th March 2023

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 10th, 2023 in legislation by sally

SI 2023/300 – The National Health Service (Charges for Drugs and Appliances) (Amendment) Regulations 2023

SI 2023/298 – The Sentencing Act 2020 (Magistrates’ Court Sentencing Powers) (Amendment) Regulations 2023

SI 2023/288 – The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2023

SI 2023/287 – The Welfare of Animals (Transport) (Miscellaneous Amendments) (England and Scotland) Regulations 2023

SI 2023/284 – The Gas Safety (Management) (Amendment) Regulations 2023

SI 2023/279 – The Local Government Pension Scheme (Amendment) Regulations 2023

SI 2023/276 – The Childcare and Inspection of Education, Children’s Services and Skills (Fees) (Amendments) Regulations 2023

SI 2023/272 – The Safety of Sports Grounds (Designation) (Amendment) (England) Order 2023

Source: www.legislation.gov.uk

BAILII Recent Decisions

Posted March 10th, 2023 in law reports by sally

High Court (Administrative Court)

Thandi, R (On the Application Of) v Sevenoaks Magistrates’ Court [2023] EWHC 507 (Admin) (09 March 2023)

Best Holdings (UK) Ltd (T/A Wyldecrest Parks) v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 492 (Admin) (09 March 2023)

Argeseanu v Petrosani Court of Law, Romania [2023] EWHC 513 (Admin) (09 March 2023)

JXL, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 510 (Admin) (09 March 2023)

High Court (Chancery Division)

Allen v Derev & Anor [2023] EWHC 387 (Ch) (09 March 2023)

Hemmings v Mathias & Anor [2023] EWHC 483 (Ch) (09 March 2023)

High Court (Family Division)

C & A, Re (Children: Acquisition and Discharge of Parental Responsibility by an Unmarried Father) [2023] EWHC 516 (Fam) (09 March 2023)

EF, Re (Abduction: Hague Convention (Slovakia)) [2023] EWHC 505 (Fam) (09 March 2023)

High Court (King’s Bench Division)

Cavallari & Ors v Mercedes-Benz Group AG & Ors [2023] EWHC 512 (KB) (08 March 2023)

Baxter v Doble & Anor [2023] EWHC 486 (KB) (08 March 2023)

Source: www.bailii.org

Council judicial review application over asylum seeker hotels refused – Local Government Lawyer

‘The High Court has refused a judicial review application from Torbay Council that argued the placement of asylum seekers in local hotels would have a significant impact on Children’s Services.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Ex-council tenant given suspended sentence, ordered to pay £10k after failing to inform London borough she had vacated property – Local Government Lawyer

‘A former council tenant who vacated the home to live at a property she had purchased elsewhere but failed to inform the local authority has received a £10,000 fine and suspended prison sentence.’

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Local Government Lawyer, 9th March 2023

Source: www.localgovernmentlawyer.co.uk

Mother wins appeal over sending of domestic abuse findings made against social worker father to regulator – Local Government Lawyer

‘A High Court judge has allowed an appeal brought by a mother over whether a judgment in long-running private law proceedings that made findings of domestic abuse against the father, who works as a social worker, should be sent to his regulator, Social Work England (SWE).’

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Local Government Lawyer, 10th March 2023

Source: www.localgovernmentlawyer.co.uk

School chaplaincy, sermons on sexuality – and employment law: Randall – Law & Religion UK

‘Trent College is a co-educational, independent day and boarding school. It is an Anglican foundation and a registered charity [36]. Its articles of association provide that the “Objects for which the company is established are: The advancement of education of boys and girls in England, Wales or elsewhere in accordance with the Protestant and Evangelical principles of the Church of England”. The Revd Dr Bernard Randall, an Anglican priest, was employed as the College’s Chaplain. In May 2019, he delivered two sermons to the pupils about “competing ideologies” which led to his summary dismissal on 30 August 2019. On appeal, he was reinstated, subject to compliance with various management instructions. He was subsequently dismissed by reason of redundancy on 10 November 2020.’

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Law & Religion UK, 7th March 2023

Source: lawandreligionuk.com

Data protection law reforms set out in the UK – OUT-LAW.com

Posted March 10th, 2023 in bills, data protection, news by sally

‘Draft legislation published by the UK government would significantly alter existing data protection law in the country if enacted but also closely resembles abandoned proposals that were introduced before the UK parliament last summer, according to experts at Pinsent Masons.’

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OUT-LAW.com, 9th March 2023

Source: www.pinsentmasons.com

Building safety gateway regime – frequently asked questions – Practical Law: Construction Blog

Posted March 10th, 2023 in building law, construction industry, consultations, news by sally

‘One of the major changes to the regulation of the design and construction of “higher-risk buildings” is the introduction of the gateway regime.’

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Practical Law: Construction Blog, 8th March 2023

Source: constructionblog.practicallaw.com

Timing the Medical Examination: Read v Dorset County Hospital NHS Foundation Trust – Ropewalk Clinical Negligence Blog

‘An interesting case came out of the Bear Garden at the end of February, which may be of interest to clinical negligence practitioners – Read v Dorset County Hospital NHS Foundation Trust [2023] EWHC 367 (KB)’

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Ropewalk Clinical Negligence Blog, 8th March 2023

Source: www.ropewalk.co.uk

Updated sentencing guidelines for child cruelty offences published – Sentencing Council

‘The Council has published updated sentencing guidelines for offenders convicted of child cruelty offences in England and Wales, following consultation.’

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Sentencing Council, 7th March 2023

Source: www.sentencingcouncil.org.uk

Hair drug testing vs Nail drug testing – Family Law

Posted March 10th, 2023 in drug abuse, drug offences, forensic science, news by sally

‘Ashley Hodgkinson, Sample Collections Manager at AlphaBiolabs, discusses hair drug testing and nail drug testing, together with the benefits of each test.’

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Family Law, 9th March 2023

Source: www.familylaw.co.uk