Log burner rule change in England could land users with £300 fines – BBC News
‘Households in England face fines of up to £300 and even criminal records if they flout new log burner rules.’
BBC News, 1st February 2023
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2023/97 – The Criminal Legal Aid (Remuneration) (Amendment) Regulations 2023
SI 2023/96 – The Environmental Targets (Fine Particulate Matter) (England) Regulations 2023
SI 2023/94 – The Environmental Targets (Marine Protected Areas) Regulations 2023
SI 2023/93 – The Environmental Targets (Water) (England) Regulations 2023
SI 2023/92 – The Environmental Targets (Residual Waste) (England) Regulations 2023
SI 2023/91 – The Environmental Targets (Biodiversity) (England) Regulations 2023
SI 2023/100 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 30) Order 2023
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Fearn & Ors v Board of Trustees of the Tate Gallery [2023] UKSC 4 (01 February 2023)
Court of Appeal (Civil Division)
Mooney v Whiteland [2023] EWCA Civ 67 (01 February 2023)
Court of Appeal (Criminal Division)
Holmes, R. v [2023] EWCA Crim 58 (31 January 2023)
High Court (Administrative Court)
High Court (Chancery Division)
KBC Developments LLP v Wavin Ltd & Anor [2023] EWHC 153 (Ch) (31 January 2023)
JSC Commercial Bank PrivatBank v Kolomoisky & Ors [2023] EWHC 165 (Ch) (31 January 2023)
High Court (Commercial Court)
Public Institution for Social Security v Ruimy & Anor [2023] EWHC 177 (Comm) (31 January 2023)
High Court (Technology and Construction Court)
Source: www.bailii.org
Mobile phones and deprivations of liberty – Local Government Lawyer
‘Is depriving a person of their mobile phone depriving them of their liberty? That was the very 21st century question confronting a High Court judge recently. Whilst his analysis concerned the position of a 16 year old, his conclusions apply equally to adults, writes Alex Ruck Keene KC (Hon).’
Local Government Lawyer, 31st January 2023
Source: www.localgovernmentlawyer.co.uk
Court can enter judgment in favour of sanctioned Russian party – Legal Futures
‘The UK sanctions regime does not block the courts from entering judgments in favour of a party on the sanctions list, the High Court has ruled.’
Legal Futures, 1st February 2023
Source: www.legalfutures.co.uk
Flat owners win battle to stop Tate Modern visitors peering into their homes – The Independent
‘The owners of four flats overlooked by the Tate Modern in London have won a Supreme Court privacy bid over the use of the gallery’s viewing platform.’
The Independent, 1st February 2023
Source: www.independent.co.uk
Court of Appeal judge admits concern at “tortuous” process following fact-finding hearing in care proceedings but dismisses appeal – Local Government Lawyer
‘A Court of Appeal judge has dismissed a mother’s appeal in care proceedings, despite expressing a number of concerns “about the prolonged and tortuous process that followed the fact-finding hearing”.’
Local Government Lawyer, 31st January 2023
Source: www.localgovernmentlawyer.co.uk
Marriage and Civil Partnerships: Minimum Age, England and Wales – Law & Religion UK
‘The Marriage and Civil Partnership (Minimum Age) Act 2022 (‘2022 Act’) received Royal Assent on 28th April 2022, and its implications were examined in a post by Russell Sandberg and Kathy Griffiths. Advice was issued by the Faculty Office, and in August 2022 the Government announced that it would be brought into effect on Monday 27 February 2023.’
Law & Religion UK, 1st February 2023
Source: lawandreligionuk.com
Conor Casey: House of Lords Constitution Committee Rejects Significant Reform to UK Law Officers – UK Constitutional Law Association
‘The Attorney General and Solicitor General are the UK government’s principal legal advisors. Known collectively as the Law Officers, the origins of these ancient constitutional officers date back to the 13th Century. Historically, the Law Officers were leading barristers who acted as the Crown’s personal lawyers, fiercely representing their interests in legal proceedings. As political power passed from the Crown to the Prime Minister and their Cabinet, the Law Officers eventually became salaried ministers. Appointed and removed by the Crown on the advice of the Prime Minister, Law Officers today are typically qualified lawyers with experience in practice who are also political figures; as members of one of the Houses of Parliament, a member of government, and senior member of the governing political party.’
UK Constitutional Law Association, 31st January 2023
Source: ukconstitutionallaw.org
Ex-West Midlands Police officer admits sex offences against girl he met online – BBC News
‘A former police officer has admitted sexual offences against a vulnerable 13-year-old girl he met online.’
BBC News, 31st January 2023
Source: www.bbc.co.uk
Government promises robust crypto regulation – BBC News
‘The government is announcing measures to “robustly” regulate the cryptocurrency industry.’
BBC News, 31st January 2023
Source: www.bbc.co.uk
Police Receive Seven Reports Of So-Called Honour-Based Abuse A Day – Each Other
‘Between March 2021 and March 2022 there were 2,887 honour-based abuse-related (HBA) offences recorded by the police in England and Wales, the second consecutive rise in HBA-related offences. Approximately seven cases are reported every day. However, the Home Office says that these cases are likely to only represent a small proportion of the actual offences committed.’
Each Other, 27th January 2022
Source: eachother.org.uk
The FA v Chris Maguire: What are the Odds? – Football Law
‘The FA Rules, rule E8.1 provides that Participants at Step 4 of the National League System and above (see pg. 437 of The FA Handbook 2022/23), and Steps 1 and 2 of the Women’s Football Pyramid (see pg. 462 of The FA Handbook 2022/23) are prohibited from betting on football anywhere in the world. However, breaches of Rule E8 are relatively common, with The FA prosecuting around 30-40 cases in the past three seasons.’
Football Law, 31st January 2023
Source: www.footballlaw.co.uk
Conor Casey: House of Lords Constitution Committee Rejects Significant Reform to UK Law Officers – UK Constitutional Law Association
‘The Attorney General and Solicitor General are the UK government’s principal legal advisors. Known collectively as the Law Officers, the origins of these ancient constitutional officers date back to the 13th Century. Historically, the Law Officers were leading barristers who acted as the Crown’s personal lawyers, fiercely representing their interests in legal proceedings. As political power passed from the Crown to the Prime Minister and their Cabinet, the Law Officers eventually became salaried ministers. Appointed and removed by the Crown on the advice of the Prime Minister, Law Officers today are typically qualified lawyers with experience in practice who are also political figures; as members of one of the Houses of Parliament, a member of government, and senior member of the governing political party.’
UK Constitutional Law Association, 31st January 2023
Source: ukconstitutionallaw.org
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
A & V Building Solutions Ltd v J & B Hopkins Ltd [2023] EWCA Civ 54 (27 January 2023)
C & Ors, Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38 (26 January 2023)
Clifford v Millicom Services UK Ltd & Ors [2023] EWCA Civ 50 (26 January 2023)
Court of Appeal (Criminal Division)
High Court (Administrative Court)
AF, R (On the Application Of) v Milton Keynes Council [2023] EWHC 163 (Admin) (30 January 2023)
The Porky Pint Ltd v Stockton On Tees Borough Council [2023] EWHC 128 (Admin) (27 January 2023)
Kozak v BUDA Central District Court, Hungary [2023] EWHC 149 (Admin) (27 January 2023)
High Court (Chancery Division)
Johnson v Bank of Scotland Plc [2023] EWHC 169 (Ch) (30 January 2023)
Elevar Finance SPV Photon Llc v Somasundaram [2023] EWHC 151 (Ch) (27 January 2023)
Various Claimants v Serco Group Plc [2023] EWHC 119 (Ch) (26 January 2023)
Provincial Equity Finance Ltd v Dines [2023] EWHC 103 (Ch) (25 January 2023)
High Court (Commercial Court)
Gravelor Shipping Ltd v GTLK Asia M5 Ltd & Anor [2023] EWHC 131 (Comm) (27 January 2023)
PJSC National Bank Trust & Anor v Boris Mints & Ors [2023] EWHC 118 (Comm) (27 January 2023)
AerCap Ireland Ltd v AIG Europe SA & Anor [2023] EWHC 96 (Comm) (25 January 2023)
High Court (Family Division)
L, Re (Article 13: Protective Measures)(No. 2) [2023] EWHC 140 (Fam) (27 January 2023)
High Court (King’s Bench Division)
Kaye v Lees [2023] EWHC 152 (KB) (27 January 2023)
Graham (A Child) v Altaf [2023] EWHC 156 (KB) (27 January 2023)
DE v Chief Constable of West Midlands Police [2023] EWHC 146 (KB) (27 January 2023)
Shah v Imran & Ors [2023] EWHC 120 (KB) (26 January 2023)
Source: www.bailii.org
Law Pod UK latest episode: How to get Pupillage – UK Human Rights Blog
‘In Episode 178 Emma-Louise Fenelon speaks to Shahram Sharghy and Jo Moore about how to become a barrister. The episode considers the kind of research that is essential to do in advance, navigating the pupillage gateway, preparing for interviews, and dealing with rejection.’
UK Human Rights Blog, 30th January 2023
Source: ukhumanrightsblog.com
Building Safety Act 2022: changing the rules on the landlord and tenant relationship, Part 2 – qualifying lease certificates – Practical Law: Construction Blog
‘In a previous blog, I explored one aspect of the statutory reallocation of risk for the costs of works to remedy building safety issues in the Building Safety Act 2022 (BSA 2022). The focus of that blog was the new landlord’s certificate, designed as a tool for the landlord to communicate with leaseholders as to whether it is “responsible” for defects, or whether it meets the “contribution condition” in the BSA 2022. In this blog, I will focus on the second element of this new framework, the “qualifying lease certificate” or “leaseholder certificate”. The relevant provisions of the BSA 2022 came into force on 28 June 2022, and the related regulations have been in force since 21 July 2022.’
Practical Law: Construction Blog, 25th January 2023
Defendant landlord ordered to pay £52k+ after squashing three flats into basement without planning permission – Local Government Lawyer
‘A landlord who put three flats into the basement of one of his properties in Camberwell has been ordered to pay more than £52,000 in illegal gains, fines and costs.’
Local Government Lawyer, 30th January 2023
Source: www.localgovernmentlawyer.co.uk
