‘An assistant solicitor who won his unfair dismissal claim solely on the basis of the procedure followed has failed to persuade the judge to reconsider his decision.’
Legal Futures, 5th January 2023
Source: www.legalfutures.co.uk
‘The post Law & religion in the UK courts 2022 highlights some of the most significant UK religion cases in the secular courts over the past year. Decisions of the consistory courts of the Church of England have been reported on a monthly basis and these ~150 cases were summarized in our annual review. In this post, we summarize nine cases which demonstrate different aspects of ecclesiastical law which have been of interest during the year. These include: “contested heritage“; the practical aspects of the Church’s “net zero“ commitment; a variant on the “seats vs pews” debate; a hark back to the Pre-Raphaelites; the Burial Act 1855; and cautionary tales from the courts.’
Law & Religion UK, 4th January 2023
Source: lawandreligionuk.com
‘The Subsidy Control Act 2022 is now, as of 4 January 2023, in force. The regime under the Act reflects the subsidy control chapter of the Trade and Cooperation Agreement which has governed UK subsidies since Brexit. This article provides a summary of the key changes made by the Act and how the regime will operate.’
Mills & Reeve, 4th January 2023
Source: www.mills-reeve.com
‘Lawyers and human rights campaigners are calling for a public inquiry into abuse and other mistreatment at Manston, the controversial Kent processing centre for small boat arrivals, after it emerged that police were investigating allegations of assault.’
The Guardian, 4th January 2023
Source: www.theguardian.com
‘A diabetic nurse who took medication from the GP surgery where she worked to avoid a hypoglycemic attack was awarded £40,000 after they sacked her.’
The Independent, 4th January 2023
Source: www.independent.co.uk
‘The High Court has issued a stark warning to solicitors who sign a certificate of compliance on non-compliant witness statements so their clients can have their day in court.’
Legal Futures, 4th January 2023
Source: www.legalfutures.co.uk
‘Anti-strike legislation is expected to be brought forward later this week, as Rishi Sunak’s government scrambles to get a grip of the ongoing industrial disputes.’
The Guardian, 4th January 2023
Source: www.theguardian.com
‘2022 may be remembered as one of the more turbulent years for human rights in the UK. Now, we look ahead at what might be in store for our rights in 2023.’
Each Other, 4th January 2023
Source: eachother.org.uk
‘In this post Rebecca Khan, a Legal Support Assistant at Matrix Chambers, comments on the case of Khan v Meadows [2021] UKSC 21 – handed down on the 18th of June 2021. This appeal raised important questions about the application of the scope of duty principle in clinical negligence cases. The judgment is handed down together with the court’s judgment in Manchester Building Society v Grant Thornton UK LLP [2021] UKSC 20.’
UKSC Blog, 4th January 2023
Source: ukscblog.com
SI 2022/1390 – The Public Contracts (Amendment) Regulations 2022
SI 2022/1403 – The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 2022
The Elections Act 2022 (Commencement No. 6 and Savings) Regulations 2022
SI 2022/1392 – The Education (Student Loans) (Repayment) (Amendment) (No. 5) Regulations 2022
SI 2022/1384 – The Professional Qualifications Act 2022 (Commencement No. 2) Regulations 2022
SI 2022/1382 – The Voter Identification Regulations 2022
SI 2022/1391 – The Immigration Skills Charge (Amendment) Regulations 2022
Source: www.legislation.gov.uk
‘A 22-year-old woman from Barrow-in-Furness has been found guilty of perverting the course of justice by telling “malevolent” lies about being trafficked by an Asian grooming gang and making false rape allegations against a series of white men.’
The Guardian, 3rd January 2023
Source: www.theguardian.com
Supreme Court
Candey Ltd v Crumpler & Anor, Re Peak Hotels and Resorts Ltd [2022] UKSC 35 (21 December 2022)
Stanford International Bank Ltd v HSBC Bank PLC [2022] UKSC 34 (21 December 2022)
Court of Appeal (Civil Division)
S, Re (Children: Party Status) [2022] EWCA Civ 1717 (22 December 2022)
Green & Ors v The Commissioner of Police of the Metropolis [2022] EWCA Civ 1686 (21 December 2022)
Jennison v Jennison & Anor [2022] EWCA Civ 1682 (21 December 2022)
Maranello Rosso Ltd v Lohomij BV & Ors [2022] EWCA Civ 1667 (21 December 2022)
Source: www.bailii.org
‘In these judicial review proceedings, Lieven J held that Appendix FM, specifically the Domestic Violence Indefinite Leave to Remain (DVILR) of the Immigration Rules, and the differential treatment between victims of spousal abandonment inside and outside the UK is not justified and therefore breaches of Article 14 of the ECHR and the Human Rights Act 1998. The fact that the rules protected victims of spousal abandonment if they were present in the UK when they were abandoned, but not if they were outside the UK having been tricked or coerced by their abusive spouse, severely impacted the article 8 rights of the latter victims and could not be justified by the SSHD. AM, the claimant was a national of Pakistan born in 1991. In 2017 she married IM, a British citizen, and she arrived in the UK in December 2017 on a spouse visa valid until August 2020. In December 2018 she gave birth to a daughter. She was subjected to very severe financial, physical, emotional and sexual domestic abuse and, sitting in the Family Division of the High Court, Theis J made findings of very serious domestic abuse against the father. The violence inflicted by IM on AM had resulted in severe and long-lasting physical harm including the removal of one of her ovaries and also a diagnosis of achalasia type 2, which resulted in a weight loss of over 30 kilos.’
EIN Blog, 3rd January 2023
Source: www.ein.org.uk
‘In Dimitrova et Ors v Barchester Healthcare Ltd ET 1803315/2021, 5 care home workers brought claims against Barchester Healthcare Ltd, the second largest provider of care home services in the UK. These 5 Claimants were heard in the first tranche of several other claims. They all brought claims of unfair dismissal and two brought claims of direct/indirect religion/belief discrimination. Another Claimant brought a belief related harassment claim.’
Lamb Chambers, December 2022
Source: www.lambchambers.co.uk
‘Police are searching for a man after he leapt out of a crown court dock and fled after being sentenced for actual bodily harm.’
The Guardian, 3rd January 2023
Source: www.theguardian.com
‘The UK Supreme Court (UKSC) recently issued its unanimous judgment which found the draft Scottish Independence Referendum Bill to be outside the legislative competence of the Scottish Parliament. While the facts of this case are distinctively different from previous Scottish cases, a common theme remains in the Court’s insistence on ‘ordinary meaning of words’ as its ‘general approach to the interpretation of the Scotland Act’. According to such an approach, the Court prioritises ‘the language carefully chosen by the Parliamentary drafter and enacted by Parliament’ as ‘[t]he best way of ensuring a coherent, stable and workable outcome’. The purpose of this blog post is not to explore the facts of this particular case. Rather, it focuses on the UKSC’s repeated stress of textualism. A similarity is found in the Court’s textual interpretation of Section 28(7), which was understood to affirm the doctrine of parliamentary sovereignty and served as the crux of its previous cases on devolution. The aim of the post is to show the questionable nature of the Court’s textual fidelity and highlight that it runs counter to foundational canons of interpretation. For space constraints, my argument focuses mainly on Section 21 from the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference (UNCRC Incorporation Bill case) after briefly discussing section 17 of the Scottish Legal Continuity Bill.’
UK Constitutional Law Association, 20th December 2022
Source: ukconstitutionallaw.org
‘On 14th April of this year, the then-Prime Minister, Boris Johnson, announced a new ‘Migration and Economic Development Partnership’ between the UK Government and the Government of Rwanda to enable the removal of certain persons to who enter the UK to claim asylum (particularly those who arrive in small boats crossing the English Channel) to Rwanda, where – if their claims succeeded – they would be resettled.’
UK Human Rights Blog, 20th December 2022
Source: ukhumanrightsblog.com
‘A mother has admitted the manslaughter of her teenage daughter after letting her become morbidly obese.’
BBC News, 20th December 2022
Source: www.bbc.co.uk
SI 2022/1377 – The International Development Association (Twentieth Replenishment) Order 2022
SI 2022/1378 – The Health and Safety and Nuclear (Fees) Regulations 2022
SI 2022/1370 – The Criminal Legal Aid (General) (Amendment) Regulations 2022
SI 2022/1360 – The Parliamentary Works Sponsor Body (Abolition) Regulations 2022
SI 2022/1359 – The Subsidy Control Act 2022 (Commencement) Regulations 2022
SI 2022/1358 – The Judicial Review and Courts Act 2022 (Commencement No. 2) Regulations 2022
SI 2022/1390 – The Public Contracts (Amendment) Regulations 2022
Source: www.legislation.gov.uk
‘Eleven men who died after a Hawker Hunter aircraft crashed on to a motorway during an aerial display at the 2015 Shoreham airshow in West Sussex were unlawfully killed, a coroner has ruled.’
The Guardian, 20th December 2022
Source: www.theguardian.com
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