Public Order Bill: Peers defeat plans to curb protest disruption – BBC News
‘The House of Lords has overturned plans to clamp down on protest marches that cause too much disruption.’
BBC News, 7th February 2023
Source: www.bbc.co.uk
Shelter to challenge Home Office plan to uproot Afghan refugees – The Guardian
‘Home Office plans to uproot Afghan refugees from a London hotel and move them hundreds of miles from their children’s schools could result in a court battle, a lawyer has warned.’
The Guardian, 7th February 2023
Source: www.theguardian.com
Ombudsman sees “significant increase” in heating and hot water cases – Local Government Lawyer
‘The Housing Ombudsman has revealed that it has seen a 60% increase in complaints on heating and hot water, with 1,600 received in 2021/22 and 1,491 received already in 2022/23.’
Local Government Lawyer, 7th February 2023
Source: www.localgovernmentlawyer.co.uk
Northern Ireland Protocol is lawful, Supreme Court rules – BBC News
‘The Northern Ireland Protocol is lawful, the UK Supreme Court has ruled.’
BBC News, 8th February 2023
Source: www.bbc.co.uk
Defendants of colour more likely to be charged than white people, finds CPS study – The Guardian
‘Black and minority ethnic defendants are significantly more likely to be charged for a comparable offence than white British defendants in England and Wales, a study commissioned by the Crown Prosecution Service (CPS) has found.’
The Guardian, 7th February 2023
Source: www.theguardian.com
Case Preview: Wolverhampton City Council and others v London Gypsies and Travellers and others – UKSC Blog
‘In this post, Frankie McPeanne, a trainee solicitor, and Emma Pinkerton, a Partner, both in the Real Estate Disputes team at CMS, preview the decision awaited from the Supreme Court in Wolverhampton City Council and others (Respondents) v London Gypsies and Travellers and others (Appellants), which is due to be heard on 8 February 2023.’
UKSC Blog, 6th February 2023
Source: ukscblog.com
Macclesfield fantasist who claimed Tyson Fury link jailed for rapes – BBC News
A “violent bully” who falsely claimed to be related to boxing champion Tyson Fury has been jailed for raping and coercing three women.
BBC News, 7th February 2023
Source: www.bbc.co.uk
Daniella Lock: UK Government Assessments of Risk to Refugees and ECHR Constraints on UK Immigration Policy in the Rwanda Ruling – UK Constitutional Law Association
‘This post examines the High Court’s December ruling on the lawfulness of the UK Government’s Rwanda scheme. The Rwanda scheme allows people to be removed to Rwanda to have their asylum claims determined, where that claim is considered inadmissible in the UK. The lawfulness of the scheme partly turned on its compatibility with the UK’s obligations under the UN Refugee Convention and the European Convention on Human Rights (ECHR) by reference to whether, as asserted by the UK Government, refugees deported under the scheme would face a real risk of mistreatment (contrary to Article 3 and the Refugee Convention). The ruling therefore provides an important lens through which to examine Government assessments of the risks faced by refugees as part of its immigration policy and the ECHR constraints on such policies. This is a timely issue in light of recent reports that the Prime Minister is considering proposals for the UK to withdraw from membership of the ECHR should it constrain the Government in its immigration plans.’
UK Constitutional Law Association, 7th February 2023
Source: ukconstitutionallaw.org
Inquest probes police restraint of ‘zombiefied’ man – BBC News
‘A man was seen in a frantic state, covered in blood, wearing just shorts and socks before he was restrained by police and died, an inquest has heard.’
BBC News, 6th February 2023
Source: www.bbc.co.uk
NFTs ruling shows courts ahead of legislators on question of crypto property law – OUT-LAW.com
‘A recent ruling by the High Court in London highlights the willingness of the UK courts to apply pragmatic thinking to novel questions of law as it applies to digital assets, an expert has said.’
OUT-LAW.com, 6th February 2023
Source: www.pinsentmasons.com
Prepayment meters: Magistrates told to stop allowing forced installations – BBC News
‘Magistrates courts in England and Wales are to stop hearing and ruling on applications from energy firms to forcibly install prepayment meters with immediate effect.’
BBC News, 6th February 2023
Source: www.bbc.co.uk
Children Born As A Result Of Rape Will Be Recognised As Victims – Each Other
‘The government intends to amend the Victims Bill to clarify that children who were born as a result of rape are entitled to support from criminal justice agencies such as the police and courts. Over 2,000 children were conceived as a result of rape in 2021. Under “Daisy’s Law”, children and adults who were born as a result of rape will be recognised as victims in their own right.’
Each Other, 7th February 2023
Source: eachother.org.uk
Schrödinger’s Defendants: Inquests, Unlawful Killing and Criminal Acquittals – UK Human Rights Blog
‘Three recent cases indicate a substantial change in law and practice, with inquests now seemingly free to make a determination of unlawful killing notwithstanding the acquittal of a defendant at a criminal trial.’
UK Human Rights Blog, 6th February 2023
Source: ukhumanrightsblog.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Davies v Bridgend County Borough Council [2023] EWCA Civ 80 (03 February 2023)
High Court (Administrative Court)
Mariaddan v Solicitors Regulation Authority Ltd [2023] EWHC 207 (Admin) (03 February 2023)
Drozdowski v Regional Court In Warsaw, Poland & Anor [2023] EWHC 201 (Admin) (03 February 2023)
High Court (Chancery Division)
Griffiths v Griffiths & Ors [2023] EWHC 175 (Ch) (03 February 2023)
Davidson & Ors v Looney (Re Kieran Looney & Co Ltd) [2023] EWHC 197 (Ch) (02 February 2023)
An Unregistered Company, Re [2023] EWHC 114 (Ch) (02 February 2023)
High Court (Commercial Court)
JBR Capital Ltd v JM Investments/Trading Ltd & Anor [2023] EWHC 174 (Comm) (03 February 2023)
CRO v REC & Anor [2023] EWHC 189 (Comm) (03 February 2023)
High Court (Family Division)
High Court (King’s Bench Division)
Home Office v ASY & Ors [2023] EWHC 196 (KB) (30 January 2023)
High Court (Technology and Construction Court)
BDW Trading Ltd v Lantoom Ltd [2023] EWHC 183 (TCC) (03 February 2023)
Source: www.bailii.org
Supreme Court ruling in Tate Modern privacy case could create ‘new front of litigation’ – OUT-LAW.com
‘The Supreme Court’s ruling in a nuisance dispute involving a viewing platform at the Tate Modern gallery in London could “open a new front of litigation”, according to two legal experts.’
OUT-LAW.com, 6th February 2023
Source: www.pinsentmasons.com
Sudlows v Global Switch part deux: a significant judgment or one that turns on its facts? – Practical Law: Construction Blog
‘Some years ago I wrote a number of blogs about the long-running legal battle between Gary Paice and Kim Springall (property developers) and MJ Harding (the building contractor). That really was the case that kept on giving, and I’m not sure we’ve had two parties provide such rich blog pickings since. However, I think there might be a favourite to take this most coveted of crowns in the form of the disputes between Sudlows Ltd (the contractor) and Global Switch Estates 1 Ltd (the employer). Although we are only on the second reported TCC enforcement judgment (some of you may recall I wrote about the last one in January 2021), they have had six adjudications and, given that it is clear from the latest judgment handed-down by Waksman J in December 2022 that the parties are still some £16.5 million apart, I suspect we may see more of them in the future.’
Practical Law: Construction Blog, 1st February 2023
Synthetic opioids will be banned as government acts to stop drug deaths – Home Office
‘Eleven more lethal substances to be made Class A drugs, following a recommendation by the Advisory Council on the Misuse of Drugs.’
Home Office, 3rd February 2023
Source: www.gov.uk
Relocation applications – tip and tricks for cases involving Australia – Family Law
‘Leave to remove cases (also known as relocation applications) can be some of the most challenging cases that come before the family court. Whilst any family matter can and often does elicit highly charged emotions and a degree of uncertainty, within relocation cases, the court is required to consider an application focusing on a child’s best interests and ultimately produce a binary answer: should a child relocate or not?’
Family Law, 3rd February 2023
Source: www.familylaw.co.uk
Travel agent jailed for defrauding customers to fund lavish lifestyle – Crown Prosecution Service
‘A travel agent who stole money from friends, family and hundreds of members of the public who bought holidays from her, has today been jailed.’
Crown Prosecution Service, 3rd February 2023
Source: www.cps.gov.uk
