Safeguarding children with disabilities in residential settings – Family Law

‘A national review into safeguarding children with disabilities and complex health needs has revealed serious failures at residential special schools registered as children’s homes.’

Full Story

family Law, 25th November 2022

Source: www.familylaw.co.uk

Access denied: The state of the justice system in England and Wales in 2022 – The Bar Council

‘Access denied: The state of the justice system in England and Wales in 2022.’

Full report

Full Story

The Bar Council, 25th November 2022

Source: www.barcouncil.org.uk

Pseudonymous claimant debarred from proceedings – Law Society’s Gazette

Posted November 28th, 2022 in anonymity, civil procedure rules, copyright, costs, cryptocurrencies, internet, news by sally

‘The operator and publisher of a website is not entitled to participate in court proceedings under the pseudonym “Cøbra” – even with legal representation, the High Court has ruled. In Wright v Persons Unknown, Costs Judge Rowley agreed to bar “Cøbra” from costs proceedings arising from a copyright case unless it identifies itself and provides an address.’

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Law Society's Gazette, 25th November 2022

Source: www.lawgazette.co.uk

News focus: Legal aid pay rises would stoke inflation – Raab – Law Society’s Gazette

‘With the government set to unveil its full response to the Bellamy legal aid review, lord chancellor Dominic Raab says extra cash for solicitors is unlikely. The prospect of industrial action still looms.’

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Law Society's Gazette, 25thNovember 2022

Source: www.lawgazette.co.uk

Dyslexic M&S worker wins payout after being sacked over mistakes in emails – The Independent

‘A dyslexic Marks and Spencer worker has won more than £50,000 after losing her job following concerns about mistakes in her emails.’

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The Independent, 27th November 2022

Source: www.independent.co.uk

Royal Navy chief defends service’s handling of sex abuse allegations – The Independent

‘The head of the Royal Navy has defended the way in which the service handles allegations of rape and sexual abuse, arguing that independent investigations would take longer and “lead to less good outcomes”.’

Full Story

The Independent, 26th November 2022

Source: www.independent.co.uk

Parents who use surrogate waiting up to a year to become legal guardians – The Independent

Posted November 28th, 2022 in children, delay, families, guardianship, news, surrogacy by sally

‘Surrogacy laws in the UK are putting the health of babies at risk due to the length of time it takes parental orders to come through, experts have warned.’

Full Story

The Independent, 27th November 2022

Source: www.independent.co.uk

Child asylum seekers detained as adults after UK Home Office ‘alters birth dates’ – The Guardian

‘The Home Office is routinely changing the dates of birth of unaccompanied child asylum seekers to classify them as adults, according to experts who say the practice is now happening on a “horrifying scale”.’

Full Story

The Guardian, 27th November 2022

Source: www.theguardian.com

‘Is the conviction sound? No’: lawyer vows to prove Michael Stone’s innocence – The Guardian

‘Mark McDonald believes Russell murders case will turn out to be a serious miscarriage of justice.’

Full Story

The Guardian, 27th November 2022

Source: www.theguardian.com

Bermuda theft: Accountant faces losing pension for £1.7m theft – BBC News

Posted November 28th, 2022 in accountants, Bermuda, fraud, news, pensions, proceeds of crime, theft by sally

‘An accountant who stole £1.7m from the Bermudan government is facing losing his pension as attempts to claw back money he took continue.’

Full Story

BBC News, 26th November 2022

Source: www.bbc.co.uk

Woman with Down’s syndrome loses abortion law appeal – BBC News

‘A woman with Down’s syndrome has lost her appeal over a law that allows abortion up until birth for a foetus with the condition.’

Full Story

BBC News, 25th November 2022

Source: www.bbc.co.uk

The suitability of adjudication for multiparty disputes – Practical Law: Construction Blog

Posted November 25th, 2022 in construction industry, contracts, dispute resolution, news by sally

‘Earlier this year I acted as adjudicator in four related adjudications that ran simultaneously, and I thought it would be worthwhile sharing my experience as I think there are some interesting points for parties and their representatives who might be considering using adjudication for multiparty disputes.’

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Practical Law: Construction Blog , 23rd November 2022

Source: constructionblog.practicallaw.com

The beginning of a pushback against Article 2 inquests? – UK Human Rights Blog

Posted November 25th, 2022 in appeals, drug abuse, human rights, inquests, mental health, news, suicide by sally

‘In R (Morahan) v HM Assistant Coroner for West London [2022] EWCA Civ 1410, the Court of Appeal robustly rejected a challenge to the earlier decision of the Divisional Court that Article 2 did not apply to drug related death of a voluntarily admitted psychiatric patient.’

Full Story

UK Human Rights Blog, 24th November 2022

Source: ukhumanrightsblog.com

Removal of gametes from brain dead man would breach his rights to privacy: Court of Protection – UK Human Rights Blog

Posted November 25th, 2022 in consent, Court of Protection, families, human rights, news, privacy by sally

‘The 22 year old patient in this case, X, was unconscious in intensive care during the course of this hearing, following a serious stroke. There was virtually no prospect that he would recover. This urgent application by X’s parents, out of hours, before Poole J was for a declaration that it would be lawful for a doctor to retrieve X’s sperm for storage after his death. The applicants also sought an order that X’s father V could sign the relevant consents under the Human Fertilisation and Embryology Act 1990 (“The 1990 Act”). The applicants did not seek any orders in respect of the use of X’s sperm once collected and stored. That was for another day.’

Full Story

UK Human Rights Blog, 24th November 2022

Source: ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 25th, 2022 in legislation by sally

SI 2022/1212 – The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2022

SI 2022/1209 – The Nationality and Borders Act 2022 (Consequential Amendments) (No. 2) Regulations 2022

SI 2022/1208 – The Tax Credits Act 2002 (Additional Payments Modification and Disapplication) Regulations 2022

SI 2022/1203 – The Corporation Tax Act 2010 (Factors Determining Substantial Commercial Interdependence) Regulations 2022

SI 2022/1217 – The Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2022

SI 2022/1198 – The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2022

SI 2022/1197 – The Offshore Installations (Safety Zones) (No. 3) Order 2022

SI 2022/1225 – The Rural Development (Amendment) (No. 2) (England) Regulations 2022

SI 2022/1224 – The Avian Influenza and Influenza of Avian Origin in Mammals (Amendment) (England) Order 2022

SI 2022/1223 – The Financial Services (Miscellaneous Amendments) Regulations 2022

SI 2022/1222 – The Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2022

SI 2022/1216 – The Social Workers (Amendment and Transitional Provision) Regulations 2022

SI 2022/1213 – The Data Protection (Adequacy) (Republic of Korea) Regulations 2022

SI 2022/1210 – The Building Safety Act 2022 (Commencement No. 3 and Transitional Provision) Regulations 2022

SI 2022/1227 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 5) Regulations 2022

SI 2022/1220 – The Pensions Dashboards Regulations 2022

SI 2022/1226 – The Elections Act 2022 (Commencement No. 4 and Savings) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 25th, 2022 in law reports by sally

Supreme Court

Devolution issues under the Scotland Act 1998, Reference by the Lord Advocate (Rev1) [2022] UKSC 31 (23 November 2022)

Court of Appeal (Civil Division)

DHL Project & Chartering Ltd v Gemini Ocean Shipping Co Ltd (Re “Newcastle Express”) [2022] EWCA Civ 1555 (24 November 2022)

QX v Secretary of State for the Home Department [2022] EWCA Civ 1541 (22 November 2022)

AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512 (18 November 2022)

Commissioners for His Majesty’s Revenue and Customs v Centrica Overseas Holdings Ltd [2022] EWCA Civ 1520 (18 November 2022)

AG (A Child), Re [2022] EWCA Civ 1505 (18 November 2022)

Court of Appeal (Criminal Division)

RK, R. v [2022] EWCA Crim 1523 (18 November 2022)

London Fire Commissioner v Bupa Care Homes (ANS) Ltd [2022] EWCA Crim 1508 (17 November 2022)

Skeete, R. v [2022] EWCA Crim 1511 (17 November 2022)

High Court (Administrative Court)

Owczarek v Polish Judicial Authority [2022] EWHC 2913 (Admin) (21 November 2022)

Noren v The Secretary of State for the Home Department [2022] EWHC 2942 (Admin) (21 November 2022)

Wales & West Utilities Ltd, R (On the Application Of) v Competition And Markets Authority [2022] EWHC 2940 (Admin) (21 November 2022)

Ward v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 2932 (Admin) (18 November 2022)

Gulrez, R (On the Application Of) v London Borough of Redbridge [2022] EWHC 2908 (Admin) (18 November 2022)

Niagui v Governor of HMP Wandsworth (Rev1) [2022] EWHC 2911 (Admin) (17 November 2022)

Airedale Chemical Company Ltd, R (On the Application Of) v Revenue And Customs [2022] EWHC 2937 (Admin) (16 November 2022)

High Court (Chancery Division)

Ras Al Khaimah Investment Authority v Azima [2022] EWHC 2980 (Ch) (22 November 2022)

Harrington & Charles Trading Company Ltd & Ors v Mehta & Ors (Re Worldwide Freezing Order) [2022] EWHC 2960 (Ch) (22 November 2022)

Thielmann & Ors v Besharova [2022] EWHC 2879 (Ch) (22 November 2022)

Von Westenholz & Ors v Gregson & Anor [2022] EWHC 2947 (Ch) (21 November 2022)

Taray Brokering Ltd, Re [2022] EWHC 2958 (Ch) (21 November 2022)

McLinden v Lu [2022] EWHC 2807 (Ch) (21 November 2022)

Munim v Rahman [2022] EWHC 2870 (Ch) (21 November 2022)

Carton-Kelly v Darty Holdings SAS [2022] EWHC 2873 (Ch) (17 November 2022)

Zumax Nigeria Ltd v First City Monument Bank Plc [2022] EWHC 2885 (Ch) (17 November 2022)

Chowdhury v Ali [2022] EWHC 2924 (Ch) (16 November 2022)

High Court (Commercial Court)

Skatteforvaltningen (The Danish Customs and Tax Administration) (“SKAT”) v Solo Capital
Partners LLP & Ors [2022] EWHC 2969 (Comm) (21 November 2022)

Ebury Partners Belgium SA/NV v Technical Touch BV & Anor [2022] EWHC 2927 (Comm) (18 November 2022)

AMT Vehicle Rental Ltd v Volkswagen Group United Kingdom Ltd [2022] EWHC 2934 (Comm) (18 November 2022)

Aiteo Eastern E&P Company Ltd v Shell Western Supply and Trading Ltd [2022] EWHC 2912 (Comm) (17 November 2022)

Olympic Council of Asia v Novans Jets LLP & Ors [2022] EWHC 2910 (Comm) (16 November 2022)

RQP v ZYX [2022] EWHC 2949 (Comm) (14 November 2022)

High Court (Family Division)

Stacey v McNicholas [2022] EWHC 278 (Fam) (02 November 2022)

High Court (King’s Bench Division)

Kerseviciene v Quadri & Anor [2022] EWHC 2952 (KB) (21 November 2022)

Kerseviciene v Quadri & Anor [2022] EWHC 2951 (KB) (21 November 2022)

His Majesty’s Attorney General for England and Wales v British Broadcasting Corporation (Costs) [2022] EWHC 2925 (KB) (18 November 2022)

Horlick & Ors v Cavaco & Ors [2022] EWHC 2935 (KB) (18 November 2022)

Ogedegbe v Simplyhealth People Ltd [2022] EWHC 2694 (KB) (17 November 2022)

Source: www.bailii.org

New laws to better protect victims from abuse of intimate images – Ministry of Justice

Posted November 25th, 2022 in bills, consent, internet, Law Commission, Ministry of Justice, news, pornography, victims by sally

‘Victims will be better protected from abusers who share intimate images without their consent, under a raft of changes to the law announced today (25 November 2022).’

Full Story

Ministry of Justice, 25th November 2022

Source: www.gov.uk

So-called honour-based abuse inquiry launched – Family Law

‘The Women and Equalities Committee launch an inquiry into so-called honour-based abuse, as part of its work on preventing violence against women and girls.’

Full Story

Family Law, 21st November 2022

Source: www.familylaw.co.uk

Rude judge? Don’t just shrug your shoulders, says LCJ – Law Society’s Gazette

Posted November 25th, 2022 in barristers, codes of practice, complaints, judges, judiciary, news by sally

‘Lawyers should raise complaints about a rude judge at an early stage rather than let the problem grow and fester, the lord chief justice has told the Bar Council’s flagship conference.’

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Law Society's Gazette, 24th November 2022

Source: www.lawgazette.co.uk

Parental Responsibility, the Modern Family and Access to Justice – Family Law Week

Posted November 25th, 2022 in children, families, family courts, news, parental responsibility by sally

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris LLP, explores the concept of parental responsibility and LAA funding issues in the context of a changing society.’

Full Story

Family Law Week, 18th November 2022

Source: www.familylawweek.co.uk