Manchester Arena attack: Martyn’s Law for venue security to cover all of UK – BBC News

Posted December 19th, 2022 in crime prevention, families, local government, news, terrorism, victims by sally

‘New legislation will be introduced to tighten security at venues in the wake of the Manchester Arena bombing. The new rules, dubbed Martyn’s Law, will cover all of the UK and require venues and local authorities to have preventative action plans against terror attacks, the government said.’

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BBC News, 19th December 2022

Source: www.bbc.co.uk

Statutory Instruments – legislation.gov.uk

Posted December 16th, 2022 in legislation by sally

SI 2022/1345 – The Short-term Holding Facility (Amendment) Rules 2022

SI 2022/1344 – The Inter-American Investment Corporation (Immunities and Privileges) Order 2022

SI 2022/1343 – The Designation of Rural Primary Schools (England) Order 2022

SI 2022/1338 – The Russia (Sanctions) (Overseas Territories) (Amendment) (No. 4) Order 2022

SI 2022/1336 – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 3) Order 2022

SI 2022/1335 – The Education (Student Loans) (Repayment) (Amendment) (No. 4) Regulations 2022

SI 2022/1334 – The Merchant Shipping (Control of Harmful Anti-Fouling Systems on Ships) Order 2022

SI 2022/1325 – The Whole of Government Accounts (Designation of Bodies) (No. 2) Order 2022

SI 2022/1313 – The Aviation Security (Amendment) (No. 2) Regulations 2022

SI 2022/1324 – The Prescribed Persons (Reports on Disclosures of Information) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 16th, 2022 in law reports by sally

Supreme Court

DB Symmetry Ltd & Anor v Swindon Borough Council [2022] UKSC 33 (14 December 2022)

Court of Appeal (Civil Division)

OA (Somalia) v Secretary of State for the Home Department [2022] EWCA Civ 1657 (15 December 2022)

A, Re (A Child : Findings of Fact) [2022] EWCA Civ 1652 (15 December 2022)

Hudson v Hathway [2022] EWCA Civ 1648 (14 December 2022)

High Court (Administrative Court)

Addison, R (On the Application Of) v London Borough of Southwark [2022] EWHC 3211 (Admin) (15 December 2022)

Dillon, R (On the Application Of) v HM Assistant Coroner for Rutland and North Leicestershire [2022] EWHC 3186 (KB) (Admin) (14 December 2022)

Murugason v Secretary of State for the Home Department [2022] EWHC 3160 (Admin) (14 December 2022)

Ilia v Appeal Court in Athens, Greece [2022] EWHC 3114 (Admin) (14 December 2022)

High Court (Chancery Division)

Honda Group-UK Pension Scheme Trustee Ltd & Ors v Mercer Ltd & Anor [2022] EWHC 3197 (Ch) (15 December 2022)

Hunt v Patel & Anor [2022] EWHC 3228 (Ch) (15 December 2022)

Shovlin v Site Civils and Surfacing Ltd & Anor [2022] EWHC 3198 (Ch) (15 December 2022)

Hong Kong Airlines Ltd, Re [2022] EWHC 3210 (Ch) (14 December 2022)

Frasers Group Plc v The Official Receiver & Ors [2022] EWHC 3184 (Ch) (13 December 2022)

High Court (Commercial Court)

Verlox International Ltd & Anor v Antoshin & Ors (Re Consequentials) [2022] EWHC 3182 (Comm) (09 December 2022)

Frangou v Frangos [2022] EWHC 3129 (Comm) (08 December 2022)

High Court (Family Division)

Mother v Father [2022] EWHC 3107 (Fam) (05 December 2022)

High Court (King’s Bench Division)

Chappell v Mrozek (Rev3) [2022] EWHC 3147 (KB) (14 December 2022)

Menzies v Oakwood Solicitors Ltd [2022] EWHC 3199 (KB) (14 December 2022)

High Court (Technology & Construction Court)

University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 3154 (TCC) (09 December 2022)

Source: www.bailii.org.uk

Naturalisation applications by EU citizens and their family – EIN Blog

Posted December 16th, 2022 in brexit, citizenship, EC law, families, immigration, news by sally

‘For those who have obtained settlement (indefinite leave to remain) in the UK, the next stage is often to naturalise as a British citizen. Many of those who seek to naturalise are nationals of EU countries, or their family members, who began their residence in the UK prior to Brexit and obtained residence rights on that basis. Issues and uncertainties can arise during a naturalisation application which are specific to EU and EEA citizens, and below we take a look at the most common of these.’

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EIN Blog, 13th December 2022

Source: www.ein.org.uk

Adam Tucker: Entrenchment, Parliamentary Sovereignty, and the Limited Radicalism of the Brown Report – UK Constitutional Law Association

‘The publication of the Report of the Commission on the UK’s Future is attracting widespread attention. The centrepiece of its constitutional content is the replacement of the House of Lords with a new second chamber with new composition and a reformed role, which would have particular responsibility for territorial aspects of the constitution (discussed here) and act as guardian of (newly) entrenched elements of the constitution –not just in the devolution context but also more widely.’

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UK Constitutional Law Association, 15th December 2022

Source: ukconstitutionallaw.org

Council told to pay over £7k after failing to provide alternative education for autistic boy – Local Government Lawyer

‘An investigation by the Local Government and Social Care Ombudsman has found that Oxfordshire County Council failed to provide alternative education for a boy with autism for a year.’

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Local Government Lawyer, 15th December 2022

Source: www.localgovernmentlawyer.co.uk

How reasonable are your endeavours? – Local Government Lawyer

Posted December 16th, 2022 in contracts, local government, news by sally

‘Patrick Adie sets out the most common types of endeavours obligation found in property contracts and – depending on your circumstances – the best obligation to agree.’

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Local Government Lawyer, 16th December 2022

Source: www.localgovernmentlawyer.co.uk

Council loses Supreme Court appeal over planning conditions and dedication of land as public highway – Local Government Lawyer

Posted December 16th, 2022 in appeals, local government, news, planning, roads, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal by Swindon Borough Council in a dispute over whether it is lawful for a planning authority, in granting planning permission for a development, to impose a planning condition that the developer will dedicate land within the development site to be a public highway.’

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Local Government Lawyer, 14th December 2022

Source: www.localgovernmentlawyer.co.uk

High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by sally

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

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Law Society's Gazette, 15th December 2022

Source: www.lawgazette.co.uk

Prosecution crisis ‘will deepen’ without fee increase, CBA chief warns – Law Society’s Gazette

‘The Ministry of Justice has hailed the “significant progress” that has been made since the government published its landmark rape review action plan – however, the Criminal Bar Association has warned that complainants will continue to wait years for a trial unless prosecutors’ fees are increased.’

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Law Society's Gazette,15th December 2022

Source: www.lawgazette.co.uk

F v M: Parental Alienation and Unregulated Experts – Family Law Week

Posted December 16th, 2022 in children, expert witnesses, families, family courts, news by sally

‘Roshni Popli, barrister at Four Brick Court, considers the lessons of a recent judgment highlighting the need for greater transparency in the instruction of experts.’

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Family Law Week, 14th December 2022

Source: www.familylawweek.co.uk

The ‘Syringe Method’ of Surrogacy and the Law – Family Law

Posted December 16th, 2022 in artificial insemination, children, families, family courts, news, pregnancy, surrogacy by sally

‘Nathan Baylis, a pupil barrister at 4 Brick Court, provides a guide to the legal recognition of at-home artificial insemination in surrogacy arrangements.’

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Family Law Week, 15th December 2022

Source: www.familylawweek.co.uk

Half of black British police suffer racial incidents from colleagues, survey finds – The Guardian

Posted December 16th, 2022 in bullying, diversity, equality, harassment, news, police, race discrimination, racism, statistics by sally

‘More than half of Britain’s black police officers and staff suffered racial incidents from colleagues in the past year, a survey has found.’

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The Guardian,15th December 2022

Source: www.theguardian.com

Claire Foy stalker ‘likely to become a pest again’ – BBC News

Posted December 16th, 2022 in news, recidivists, sentencing, stalking by sally

‘The sentencing of Claire Foy’s stalker has been adjourned after the court received a letter warning he would continue contacting the actress.’

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BBC News, 15th December 2022

Source: www.bbc.co.uk

Holmfirth: Father and son sentenced over £900k cash forgery ring – BBC News

Posted December 16th, 2022 in drug offences, forgery, imprisonment, news, sentencing by sally

‘A father and son who admitted running a “sophisticated and lucrative” fake money operation worth nearly £1m in West Yorkshire have been sentenced.’

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BBC News, 15th December 2022

Source: www.bbc.co.uk

Ombudsman’s decisions and housing conditions claims – Nearly Legal

Posted December 15th, 2022 in complaints, damages, health & safety, housing, news, ombudsmen, repairs by sally

‘Plunkett v Clarion HA. County Court at Central London. Ms Plunkett was an assured tenant of Clarion, on the Eastfields Estate. She began a claim for disrepair and unfitness for human habitation while in temporary accommodation in a hotel. The defects complained of were primarily leaks to the interior of the flat and outside the front door causing interior damp, significant mould growth, leaks from above, non-functioning ventilation to kitchen and bathroom, and infestation of mice, for periods of two to four years. The existing issues and unfitness for human habitation were confirmed in an independent expert report. Clarion had refused to agree a single joint expert.’

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Nearly Legal, 13th December 2022

Source: nearlylegal.co.uk

UK court ruling highlights privilege and disclosure issues relating to emails in corporate IT systems – OUT-LAW.com

Posted December 15th, 2022 in confidentiality, disclosure, electronic mail, news, privacy, privilege by sally

‘A recent decision by the England and Wales High Court, refusing to grant a declaration that company officers could not assert privilege in respect of emails stored in a corporate email system, provides useful lessons to businesses on legal professional privilege and disclosure, according to a legal expert.’

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OUT-LAW.com, 14th December 2022

Source: www.pinsentmasons.com

Protest and proportionality in the Supreme Court: The Safe Access Zones Bill Reference [2022] UKSC 32 – UK Human Rights Blog

Posted December 15th, 2022 in abortion, bills, devolution issues, harassment, news, Northern Ireland, Supreme Court by sally

‘Abortion in Northern Ireland has had a fraught and frequently distressing history. Until 2019 when the UK Parliament reformed the law, the jurisdiction had the most restrictive approach to abortion in the UK. But even this reform has not reformed the reality, either for those seeking abortion services or information and counselling on such services or for those who work at providers of such services lawfully. I have previously written about the situation as it stood in March 2021, and the reality has changed little since then, with two notable exceptions. In March 2022, the Northern Ireland Assembly passed the Abortion Services (Safe Access Zones) Bill (Northern Ireland) (“SAZ Bill”) to create buffer zones around lawful abortion providers, in an attempt to criminalise the harassment and intimidation of people who seek or work in such places. On 2 December 2022, tired of the glacial pace and political controversy in commissioning abortion services, the Secretary of State for Northern Ireland moved to commission such services himself. In the interim, the Attorney General for Northern Ireland (“AGNI”) referred the SAZ Bill to the UK Supreme Court to determine whether it was lawful.’

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UK Human Rights Blog, 14th December 2022

Source: ukhumanrightsblog.com

Barristers set to pay the price for BSB performance problems – Legal Futures

Posted December 15th, 2022 in barristers, budgets, fees, news, recruitment, remuneration by sally

‘The poor performance of the Bar Standards Board (BSB) is set to hit barristers in the pocket as it seeks to increase salaries to overcome recruitment and retention difficulties.’

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Legal Futures, 15th December 2022

Source: www.legalfutures.co.uk

Disputes with executors and how to resolve them – Family Law

Posted December 15th, 2022 in bereavement, dispute resolution, executors, news, wills by sally

‘As a solicitor dealing with will disputes, I know that beneficiaries can sometimes feel deeply frustrated by the behaviour of an executor (also called a “personal representative”) of a will. The emotional fallout from a bereavement sometimes leads to a toxic atmosphere and relationships can quickly sour. Very often this situation arises where executors and/or beneficiaries are not entirely sure of their rights and responsibilities.’

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Family Law, 12th December 2022

Source: www.familylaw.co.uk