Pilot scheme to allow family court reporting for first time – Local Government Lawyer
‘Journalists will be able to report what happens in family courts from the end of January, under a pilot scheme taking place in Leeds, Cardiff and Carlisle.’
Local Government Lawyer, 5th December 2022
Source: www.localgovernmentlawyer.co.uk
Elizabeth A. O’Loughlin, Gabriel Tan and Cassandra Somers-Joce: The Duty of Candour in Judicial Review: The Case of the Lost Policy – UK Constitutional Law Association
‘Earlier this year, in a Divisional Court judgment that garnered much attention from public lawyers, the Home Office conceded that its secret and blanket policy of seizing and downloading data from the mobile phones of all those arriving by small boats was unlawful: R (HM, MA and KH) v Secretary of State for the Home Department [2022] EWHC 695 (Admin). Having initially denied the existence of the blanket policy as “based on anecdote and surmise” in pre-action correspondence, a position from which the government did not resile following the commencement of judicial review proceedings, the defendant belatedly accepted in advance of the hearing that such a policy did indeed operate between April and November 2020 (para 32). The defendant ultimately accepted that their position prior to this point was “inadvertently inconsistent with the duty of candour” and offered an “unreserved apology” (para 32).’
UK Constitutional Law Association, 7th December 2022
Source: ukconstitutionallaw.org
Parents of man left to die in prison say care failures will haunt them for ever – The Guardian
‘The parents of a 25-year-old man left to die in a cell by a negligent prison nurse given responsibility for 800 inmates have told how the conditions in which their son died will haunt them for ever.’
The Guardian, 6th December 2022
Source: www.theguardian.com
Children and Families Act 2014 has failed to improve lives of children and young people, peers find – Local Government Lawyer
‘A lack of focus on implementing and monitoring the impact of the Children and Families Act 2014, despite it being envisaged as a “landmark piece of legislation”, has led to the Act being “a largely missed opportunity”, a House of Lords committee has concluded in a report.’
Local Government Lawyer, 6th December 2022
Source: www.localgovernmentlawyer.co.uk
UK families call for easier access to deceased children’s social media history – The Guardian
‘Bereaved families are calling for easier access to the social media histories of deceased children, supporting amendments to the online safety bill.’
The Guardian, 5th December 2022
Source: www.theguardian.com
BAILII – Recent Decisions
Court of Appeal (Civil Division)
Arvunescu v Quick Release (Automotive) Ltd [2022] EWCA Civ 1600 (06 December 2022)
N (A Child), Re (Instruction of Expert) [2022] EWCA Civ 1588 (06 December 2022)
High Court (Administrative Court)
Rae v United States of America [2022] EWHC 3095 (Admin) (05 December 2022)
High Court (Chancery Division)
Patley Wood Farm LLP & Ors v Kicks & Anor [2022] EWHC 3118 (Ch) (06 December 2022)
East-West United Bank SA v Gusinski & Ors [2022] EWHC 3056 (Ch) (05 December 2022)
High Court (Commercial Court)
Lakatamia Shipping Company Ltd v Nobu Su & Ors [2022] EWHC 3115 (Comm) (05 December 2022)
High Court (Family Division)
A & Anor v B & Ors [2022] EWHC 3089 (Fam) (02 December 2022)
High Court (King’s Bench Division)
Moradi v The Home Office (Costs) [2022] EWHC 3125 (KB) (05 December 2022)
Source: www.bailii.org
Statutory Instruments – legislation.gov.uk
SI 2022/1279 – The Organic Production (Amendment) (No. 2) Regulations 2022
SI 2022/1278 – The Finance Act 2021 (Value Added Tax) (Penalties) (Appointed Day) Regulations 2022
SI 2022/1275 – The Police and Crime Commissioner Elections (Amendment) Order 2022
SI 2022/1274 – The Seed (Equivalence) (Amendment) (England) Regulations 2022
SI 2022/1272 – The Competition Act 1998 (Specialisation Agreements Block Exemption) Order 2022
SI 2022/1265 – The Electricity (Connection Charges) (Amendment) Regulations 2022
Source: www.legislation.gov.uk
What Is The Mental Health Bill? – Each Other
‘The government is publishing a draft Mental Health Bill for pre-legislative scrutiny, to modernise the Mental Health Act (MHA) for the 21st century. While the draft Bill has been welcomed by many, there must be more detail and direction on how the new legislation will be implemented at ground level.’
Each Other, 6th December 2022
Source: eachother.org.uk
Wait time for county court trials reaches new all-time high – Legal Futures
‘The time between issue and trial for fast- and multi-track claims has now exceeded 75 weeks, the longest this century, according to the latest government figures.’
Legal Futures, 6th December 2022
Source: www.legalfutures.co.uk
Prof Brice Dickson: The UK’s Engagement With International Human Rights Monitoring Mechanisms – UK Human Rights Blog
‘On 10 November 2022 the UN Human Rights Council conducted its fourth Universal Periodic Review of the UK’s compliance with international human rights standards. The Council’s report was adopted just six days later and contained no fewer than 302 recommendations from other States on how the UK could improve its human rights record. That figure is up from 227 in 2017. For early accounts of the review meeting see the pieces by Marcial Boo and Robert Booth.’
UK Human Rights Blog, 5th December 2022
Source: ukhumanrightsblog.com
Black Londoners three times more likely to be stopped than white – BBC News
‘Black Londoners are still three times more likely to be stopped and searched than white Londoners, latest figures from the London mayor’s office show.’
BBC News, 5th December 2022
Source: www.bbc.co.uk
Met police illegally filmed children as young as 10 at climate protest – The Guardian
‘Police unlawfully spied on children as young as 10 taking part in a climate strike protest in London, documents have shown.’
The Guardian, 5th December 2022
Source: www.theguardian.com
Statutory Instruments – legislation.gov.uk
SI 2022/1267 – The Criminal Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2022
SI 2022/1264 – The Armed Forces (Court Martial) (Amendment) Rules 2022
SI 2022/1263 – The Armed Forces (Service Court Rules) (Amendment) (No. 2) Rules 2022
SI 2022/1248 – The A417 Missing Link Development Consent Order 2022
SI 2022/1242 – The Thames Water Utilities Limited (Thames Tideway Tunnel) (Amendment) Order 2022
SI 2022/1239 – The Payment and Electronic Money Institution Insolvency (Scotland) Rules 2022
SI 2022/1231 – The European University Institute (EU Exit) Regulations 2022
Source: www.legislation.gov.uk
BAILII – Recent Decisions
Court of Appeal (Civil Division)
Court of Appeal (Criminal Division)
Khan, R. v [2022] EWCA Crim 1592 (05 December 2022)
High Court (Administrative Court)
High Court (Chancery Division)
Boston Trust Company Ltd & Anor v Szerelmey Limited & Ors [2022] EWHC 3055 (Ch) (02 December 2022)
High Court (Commercial Court)
Raja & Ors v Holden & Ors [2022] EWHC 3085 (Comm) (02 December 2022)
High Court (King’s Bench Division)
Horlick & Ors v Cavaco & Ors (Costs) [2022] EWHC 3096 (KB) (02 December 2022)
Royal Borough of Kingston-Upon-Thames v Salzer & Anor [2022] EWHC 3081 (KB) (02 December 2022)
White & Ors v Secretary of State for Health and Social Care [2022] EWHC 3082 (KB) (02 December 2022)
High Court (Technology and Construction Court)
Coldunell Ltd v Hotel Management International Ltd [2022] EWHC 3084 (TCC) (02 December 2022)
Source: www.bailii.org
Online safety bill returns to parliament after five-month delay – The Guardian
‘The online safety bill, the government’s flagship internet regulation, returns to parliament on Monday, after a five-month delay prompted by Conservative party factional warfare threatened to kill it off.’
The Guardian, 5th December 2022
Source: www.theguardian.com
Children growing up in households with domestic abuse to be recognised as victims – The Independent
‘Children who grow up amid domestic abuse will be treated as victims and given specialist support even if they were not present during violent attacks.’
The Independent, 5th December 2022
Source: www.independent.co.uk
Nightclub spiking: Police apology after victim waits five months for test result – BBC News
‘A woman who had been injected with morphine in a nightclub waited five months for test results after reporting the attack to the police.’
BBC News, 5th December 2022
Source: www.bbc.co.uk
