Court of Appeal quashes planning permission for only having consideration of part of site – Local Government Lawyer

‘Maidstone Borough Council will have to reconsider a planning application after the Court of Appeal found the local authority misinterpreted its own planning policy on brownfield developments.’

Full Story

Local Government Lawyer, 27th February 2023

Source: www.localgovernmentlawyer.co.uk

Surrogacy, IVF and equality: JR176(2)’s application for judicial review – UK Human Rights Blog

‘Two men are in a relationship and want to have a child. They approach a female friend who is happy to be their surrogate. She has previously had a voluntary sterilisation procedure, so she would need in-vitro fertilisation (IVF) using a donor egg (a procedure known as gestational surrogacy), to help her friends realise their wishes. This is where they all encounter a problem: voluntary sterilisation makes the woman ineligible for publicly funded IVF.’

Full Story

UK Human Rights Blog, 28th February 2023

Source: ukhumanrightsblog.com

Leila Borrington: Woman guilty of killing three-year-old stepson – BBC News

‘A woman has been found guilty of the manslaughter of her three-year-old stepson but acquitted of his murder.’

Full Story

BBC News, February 2023

Source: www.bbc.co.uk

Election court awards costs against petitioner in ‘dates bribe’ case – Law Society’s Gazette

Posted March 1st, 2023 in bribery, costs, elections, local government, news, political parties by sally

‘A rare sitting of the Election Court has agreed to withdraw a petition for a council election to be declared void after receiving “conclusive evidence” that the petitioner handed packets of dates to potential voters.’

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Law Society's Gazette, 28th February 2023

Source: www.lawgazette.co.uk

Judge jails fake NHS psychiatrist and criticises ‘abject failure of scrutiny’ – The Guardian

Posted March 1st, 2023 in doctors, fraud, hospitals, imprisonment, news, psychiatrists, sentencing by sally

‘A bogus psychiatrist who practised in the NHS for 22 years with a fake degree has been jailed, as a judge criticised medical authorities for an “abject failure of scrutiny”.’

Full Story

The Guardian, 28th February 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 1st, 2023 in legislation by sally

SI 2023/213 – The Police Pensions (Contributions and Pensionable Earnings) (Amendment) (England and Wales) Regulations 2023

SI 2023/227 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 1) (England and Wales) Regulations 2023

SI 2023/223 – The National Health Service (Joint Working and Delegation Arrangements) (England) (Amendment) Regulations 2023

SI 2023/222 – The Trade Remedies (Dumping and Subsidisation) (Amendment) Regulations 2023

SI 2023/221 – The Income and Corporation Taxes (Electronic Communications) (Amendment) Regulations 2023

SI 2023/220 – The Personal Injuries (NHS Charges) (Amounts) (Amendment) Regulations 2023

SI 2023/219 – The Packaging Waste (Data Reporting) (England) Regulations 2023

SI 2023/217 – The Approved Country Lists (Animals and Animal Products) (Amendment) Regulations 2023

SI 2023/216 – The Taxes (Interest Rate) (Amendment) Regulations 2023

SI 2023/164 – The Parochial Fees (Amendment) Order 2023

SI 2023/214 – The Trade (Mobile Roaming) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 1st, 2023 in law reports by sally

Court of Appeal (Civil Division)

LA Micro Group (UK) Ltd & Anor v LA Micro Group, Inc & Ors [2023] EWCA Civ 214 (28 February 2023)

Banks v Cadwalladr [2023] EWCA Civ 219 (28 February 2023)

Milburn, R (On the Application Of) v Local Government and Social Care Ombudsman [2023] EWCA Civ 207 (28 February 2023)

S, Re (A Child) (Abduction: Article 13(B): Mental Health) [2023] EWCA Civ 208 (28 February 2023)

P, Re (A Child: Fair Hearing) [2023] EWCA Civ 215 (28 February 2023)

MAH (Egypt) v Secretary of State for the Home Department [2023] EWCA Civ 216 (28 February 2023)

P, H-L (CHILDREN) (Mobile Phone Extraction) [2023] EWCA Civ 206 (27 February 2023)

High Court (Administrative Court)

Stafi v Judecatoria Roman, Romania [2023] EWHC 429 (Admin) (28 February 2023)

High Court (Chancery Division)

Ellison Road Ltd v Mian (t/a HKH Kenwright & Cox Solicitors) & Anor [2023] EWHC 375 (Ch) (28 February 2023)

Hanover Investors Management Llp (On Behalf of Hanover Catalyst Fund) v Hawkwing Plc [2023] EWHC 407 (Ch) (28 February 2023)

Musst Holdings Ltd v Astra Asset Management UK Ltd & Anor [2023] EWHC 432 (Ch) (28 February 2023)

Moorwand Ltd v K Wearables Ltd [2023] EWHC 410 (Ch) (27 February 2023)

AGPS Bondco Plc, Re [2023] EWHC 415 (Ch) (27 February 2023)

Simmonds v Wilson & Ors [2023] EWHC 289 (Ch) (24 February 2023)

High Court (Commercial Court)

Lonestar Communications Corporation LLC v Kaye & Ors [2023] EWHC 421 (Comm) (28 February 2023)

SMA Investment Holdings Ltd v Harbour Fund II LP & Ors [2023] EWHC 428 (Comm) (28 February 2023)

Drax Smart Generation Holdco Ltd v Scottish Power Retail Holdings Ltd [2023] EWHC 412 (Comm) (27 February 2023)

High Court (Family Division)

Tousi v Gaydukova [2023] EWHC 404 (Fam) (27 February 2023)

C, Re (‘Parental Alienation’; Instruction of Expert) [2023] EWHC 345 (Fam) (21 February 2023)

High Court (King’s Bench Division)

SS v Essex County Council & Ors [2023] EWHC 417 (KB) (28 February 2023)

FGX v Gaunt [2023] EWHC 419 (KB) (27 February 2023)

Source: www.bailii.org

Defendant given 12-month community order and ordered to pay council costs after housing fraud guilty plea – Local Government Lawyer

Posted February 28th, 2023 in community service, fraud, guilty pleas, housing, news, sentencing by sally

‘A 46-year-old nurse has been sentenced to a 12-month community order and told to contribute to Reigate and Banstead Borough Council’s costs after pleading guilty to housing fraud.’

Full Story

Local Government Lawyer, 27th February 2023

Source: www.localgovernmentlawyer.co.uk

Asylum seeker plans legal challenge to Home Office questionnaire – The Guardian

Posted February 28th, 2023 in asylum, government departments, news, race discrimination by sally

‘A Sudanese asylum seeker is planning a legal challenge to a new Home Office questionnaire that is being circulated to 12,000 asylum seekers to speed up their claims.’

Full Story

The Guardian, 27th February 2023

Source: www.theguardian.com

Woman single-handedly takes on BA and wins – BBC News

Posted February 28th, 2023 in airlines, contracts, coronavirus, litigants in person, news by sally

‘A woman who represented herself in court by using 80-year-old contract legislation has beaten British Airways (BA) in a row over flight vouchers.’

Full Story

BBC News, 28th February 2023

Source: www.bbc.co.uk

Universities rebuked over academic misconduct cases in England and Wales – The Guardian

Posted February 28th, 2023 in complaints, coronavirus, examinations, news, ombudsmen, penalties, reports, universities by sally

‘Universities have been reprimanded over unfair treatment of students accused of academic misconduct in a report by the higher education ombudsman for England and Wales.’

Full Story

The Guardian, 27th February 2023

Source: www.theguardian.com

Covid clinical negligence protocol cut number of litigated claims – Legal Futures

Posted February 28th, 2023 in coronavirus, hospitals, negligence, news by sally

‘A protocol agreed in the wake of Covid-19 to better manage clinical negligence claims during the pandemic is remaining in place after it appeared to reduce the number of contested cases.’

Full Story

Legal Futures, 28th February 2023

Source: www.legalfutures.co.uk

NewsCorp Supreme Court VAT ruling has wide implications – OUT-LAW.com

Posted February 28th, 2023 in media, news, statutory interpretation, Supreme Court, VAT by sally

‘A ruling by the UK Supreme Court provides guidance on when UK legislation should be interpreted in a way that accounts for technological, scientific or societal changes that occur after the legislation has been enacted.’

Full Story

OUT-LAW.com, 27th February 2023

Source: www.pinsentmasons.com

Shamima Begum should be allowed to return to UK – terrorism adviser – The Guardian

Posted February 28th, 2023 in citizenship, news, proscribed organisations, terrorism by sally

‘A top government terrorism adviser is to say that Shamima Begum should be allowed to return to the UK, as the number of expert voices opposing her exclusion from Britain grows.’

Full Story

The Guardian, 27th February 2023

Source: www.theguardian.com

Driver jailed for injuring PC with stolen car in Birmingham – BBC News

Posted February 28th, 2023 in dangerous driving, guilty pleas, news, police, sentencing by sally

‘A driver who left a police officer with serious injuries after hitting him with a stolen car has been jailed.’

Full Story

BBC News, 27th February 2023

Source: www.bbc.co.uk

Government proposes new professional requirements for social housing managers – Local Government Lawyer

Posted February 28th, 2023 in examinations, health & safety, housing, landlord & tenant, news, standards by sally

‘The Secretary of State for Levelling Up, Housing and Communities announced yesterday (26 February) that social housing managers must gain professional qualifications under new rules to “protect residents and raise standards in the sector”.’

Full Story

Local Government Lawyer, 28th February 2023

Source: www.localgovernmentlawyer.co.uk

Maths teacher accused of misgendering pupil on religious grounds – The Guardian

‘A maths teacher “failed to separate the teacher from the preacher” when he allegedly misgendered a transgender pupil repeatedly and inappropriately shared his religious beliefs in the classroom, a misconduct panel heard.’

Full Story

The Guardian, 27th February 2023

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted February 27th, 2023 in legislation by sally

SI 2023/179 – The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2023

SI 2023/175 – The Non-Domestic Rating (Designated Areas) Regulations 2023

SI 2023/173 – The Policing and Crime Act 2017 (Maritime Enforcement Powers: Revised Code of Practice) Regulations 2023

SI 2023/172

SI 2023/188 – The Non-Domestic Alternative Fuel Payment Pass-through Requirement and Amendment Regulations 2023

SI 2023/186 – The Social Security (Contributions) (Amendment) Regulations 2023

SI 2023/185 – The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2023

SI 2023/184 – The Post Office Horizon Compensation and Infected Blood Interim Compensation Payment Schemes (Tax Exemptions and Relief) Regulations 2023

SI 2023/193 – The Private Security Industry Act 2001 (Licences) (Amendment) Regulations 2023

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 27th, 2023 in law reports by sally

Supreme Court

News Corp UK & Ireland Ltd v Revenue and Customs [2023] UKSC 7 (22 February 2023)

Court of Appeal (Civil Division)

Deutsche Bank AG v Sebastian Holdings Inc & Anor [2023] EWCA Civ 191 (24 February 2023)

URS Corporation Ltd v BDW Trading Ltd [2023] EWCA Civ 189 (23 February 2023)

CAB Housing Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWCA Civ 194 (23 February 2023)

Kinnersley, R (On the Application Of) v Maidstone Borough Council [2023] EWCA Civ 172 (22 February 2023)

JZ v Secretary of State for the Home Department & Ors [2023] EWCA Civ 178 (22 February 2023)

Court of Appeal (Criminal Division)

Anderson, R. v [2023] EWCA Crim 181 (23 February 2023)

Bell v R. [2023] EWCA Crim 175 (22 February 2023)

High Court (Administrative Court)

Medway Council, R (On the Application Of) v Secretary of State for the Home Department [2023] EWHC 377 (Admin) (24 February 2023)

Hayle Town Council, R (On the Application Of) v The Cornwall Council [2023] EWHC 389 (Admin) (24 February 2023)

Ullah, R (On the Application Of) v National Crime Agency [2023] EWHC 371 (Admin) (22 February 2023)

High Court (Chancery Division)

Etroy & Anor v Speechly Bircham LLP [2023] EWHC 386 (Ch) (23 February 2023)

High Court (Commercial Court)

Commission Recovery Ltd v Marks & Clerk LLP & Anor [2023] EWHC 398 (Comm) (24 February 2023)

Pan Ocean Co Ltd v Daelim Corporation [2023] EWHC 391 (Comm) (24 February 2023)

Glencore Energy UK Ltd v NIS J.S.C. Novi Sad [2023] EWHC 370 (Comm) (23 February 2023)

High Court (Family Division)

PP (A Child: Anonymisation), Re [2023] EWHC 330 (Fam) [2023] EWHC 330 (Fam) (20 February 2023)

High Court (King’s Bench Division)

Read v Dorset County Hospital NHS Foundation Trust & Anor [2023] EWHC 367 (KB) (24 February 2023)

Transport for London v Lee & Ors [2023] EWHC 402 (KB) (24 February 2023)

Afzal v Khan & Ors [2023] EWHC 376 (KB) (24 February 2023)

Briggs v Drylined Homes Ltd [2023] EWHC 382 (KB) (24 February 2023)

Czernuszka v King [2023] EWHC 380 (KB) (23 February 2023)

Osbourne v Persons Unknown & Ors [2023] EWHC 340 (KB) (22 February 2023)

Source: www.bailii.org

Revealed: one in 100 police officers in England and Wales faced a criminal charge last year – The Guardian

‘Shocking figures obtained by the Observer show roughly one in 100 police officers in England and Wales faced criminal charges, including for sexual offences, last year alone.’

Full Story

The Guardian, 25th February 2023

Source: www.theguardian.com