Army families suing MoD for poor housing told to drop claims or have pay docked – The Guardian

‘Army families suing the Ministry of Defence over the squalor of their living quarters are being issued with “bullying” ultimatums to drop the claims or face having their pay docked to cover the legal costs.’

Full Story

The Guardian, 13th November 2022

Source: www.theguardian.com

Firm action call in Gwent Police misogyny and racism probe – BBC News

‘Any serving Gwent Police officer found to have been involved in “abhorrent messages” need to face firm action, the force’s police and crime commissioner has said.’

Full Story

BBC News, 14th November 2022

Source: www.bbc.co.uk

Police pay woman £40,000 after using unlawful force – BBC News

‘A woman has been paid £40,000 compensation by a police force after two officers trespassed in her home and unlawfully arrested her.’

Full Story

BBC News, 14th November 2022

Source: www.bbc.co.uk

UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com

Posted November 11th, 2022 in bills, brexit, copyright, EC law, intellectual property, news, trade marks by sally

‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’

Full Story

OUT-LAW.com, 10th November 2022

Source: www.pinsentmasons.com

When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog

‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’

Full Story

Practical Law: Construction Blog, 11th November 2022

Source: constructionblog.practicallaw.com

Merris Amos: The place of human rights in the Constitution of the United Kingdom – UK Constitutional Law Association

Posted November 11th, 2022 in constitutional law, human rights, news by sally

‘Recently I have had the great pleasure of convening the SLS Annual Seminar – The Human Rights Act After 22 Years. Rather than formal papers, and yet another edited collection, it was agreed that following the event we would try to capture the contributions in a series of blog posts for the UKCLA Blog. Having learned so much during the seminar, I am now getting things started with this short post.’

Full Story

UK Constitutional Law Association, 9th November 2022

Source: ukconstitutionallaw.org

Simon Lee: Wednesbury’s 75th Anniversary – UK Constitutional Law Association

‘Judgment was given in the famous Wednesbury case 75 years ago today, on 10th November 1947. Readers of this blog know full well the facts of the case, the judgment of Lord Greene (reported [1948] 1 KB 223), the mythical status of “Wednesbury unreasonableness” and critiques thereof, such as Lord (previously Sir Robin) Cooke’s dislike of what he saw as Lord Greene’s circumlocution, a “retrogressive” decision and the unnecessary use of “the geographical epithet” of Wednesbury.’

Full Story

UK Constitutional Law Association, 10th November 2022

Source: ukconstitutionallaw.org

Clangers: LPAs and duties of care – Local Government Lawyer

Posted November 11th, 2022 in causation, damages, duty of care, local government, negligence, news, planning by sally

‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’

Full Story

Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

High Court judge quashes planning permission for apparent bias, finds monitoring officer “went wrong in law” – Local Government Lawyer

Posted November 11th, 2022 in bias, codes of practice, local government, news, planning by sally

‘A High Court judge has quashed a district council’s grant of planning permission for the erection of five self-contained buildings to store and facilitate construction of carnival floats, after finding that the permission was vitiated by apparent bias on the part of two councillors.’

Full Story

Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

New reforms to recover millions more from the proceeds of crime – Law Commission

‘The Law Commission has published new reforms to overhaul the system for recovering the proceeds of criminal activities.’

Full Story

Law Commission, 9th November 2022

Source: www.lawcom.gov.uk

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, 4th November 2022

Source: www.familylaw.co.uk

Solicitor awarded £32,000 over anxiety during employment transfer – Law Society’s Gazette

‘A solicitor whose employment was transferred to another firm without notice or consultation has succeeded in a claim for constructive dismissal.’

Full Story

Law Society’s Gazette, 10th November 2022

Source: www.lawgazette.co.uk

MoJ makes late U-turn on how to extend fixed costs – Law Society’s Gazette

Posted November 11th, 2022 in civil procedure rules, consultations, costs, Ministry of Justice, news by sally

‘The government appears to have significantly altered its plans for implementing the fixed recoverable costs extension just weeks before the rules need to be signed off.’

Full Story

Law Society’s Gazette, 11th November 2022

Source: www.lawgazette.co.uk

UK’s treatment of asylum seekers must comply with international law, UN says – The Independent

‘The UK should make sure its “treatment of asylum seekers complies with international laws”, members of the United Nations Human Rights Council said.’

Full Story

The Independent, 10th November 2022

Source: www.independent.co.uk

Man jailed for life over murder of partner 21 years after fire attack – The Guardian

Posted November 11th, 2022 in domestic violence, fire, grievous bodily harm, imprisonment, murder, news, sentencing by sally

‘A man has been jailed for life and told he will serve at least 15 years for the “sadistic” and “monstrous” murder of his partner, who died 21 years after he doused her with petrol and set her on fire. In what is believed to be a legal first, Steven Craig, 58, was convicted of murdering Jacqueline Kirk more than two decades after the attack, having already served almost 19 years in prison for it.’

Full Story

The Guardian, 10th November 2022

Source: www.theguardian.com

Stamford Hill: Man guilty of attacking three Jewish people – BBC News

Posted November 11th, 2022 in grievous bodily harm, Judaism, news, religiously aggravated offences by sally

‘A man has been found guilty of carrying out antisemitic attacks on three Jewish people.’

Full Story

BBC News, 10th November 2022

Source: www.bbc.co.uk

Police are failing crime victims, says UK neighbourhood officer – BBC News

Posted November 11th, 2022 in criminal justice, news, police, victims by sally

‘Police are spending too much time taking care of societal problems and are not tackling enough crime, the UK lead for neighbourhood policing says. Chief Constable Olivia Pinkney says officers can spend half their shifts working on behalf of other services.’

Full Story

BBC News, 11th November 2022

Source: www.bbc.co.uk

Personal injury solicitor awarded £32,000 for unfair dismissal – Legal Futures

‘A personal injury solicitor who was transferred to a new law firm without notice or consultation has been awarded just under £32,000 in damages by an employment tribunal.’

Full Story

Legal Futures, 10th November 2022

Source: www.legalfutures.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 10th, 2022 in legislation by sally

SI 2022/1145 – The Exclusivity Terms for Zero Hours Workers (Unenforceability and Redress) Regulations 2022

SI 2022/1153 – The Subsidy Control (Subsidy Database Information Requirements) Regulations 2022

SI 2022/1152 – The Subsidy Control (Information-Gathering Powers) (Modification) Regulations 2022

SI 2022/1150 – The Common Organisation of the Markets in Agricultural Products (Amendment) Regulations 2022

SI 2022/1149 – The Local Land Charges (Amendment) Rules 2022

SI 2022/1148 – The Childcare Payments (Miscellaneous Amendments) Regulations 2022

SI 2022/1147 – The Taxation (International and Other Provisions) Act 2010 Transfer Pricing Guidelines Designation Order 2022

SI 2022/1146 – The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2022

SI 2022/1144 – The Hybrid and Other Mismatches (Financial Instruments: Excluded Instruments) (Amendment) Regulations 2022

SI 2022/1163 – The Water Fluoridation (Consultation) (England) Regulations 2022

SI 2022/1162 – The Warm Home Discount (Reconciliation) Regulations 2022

SI 2022/1151 – The Education (Student Loans) (Repayment) (Amendment) (No. 3) Regulations 2022

SI 2022/1168 – The Football Spectators (Relevant Offences) Regulations 2022

SI 2022/1165 – The Insurance Contracts (Tax) (Change in Accounting Standards) Regulations 2022

SI 2022/1164 – The Finance Act 2022, Part 2 of Schedule 5 (Insurance Contracts: Change in Accounting Standards) (Commencement and Savings Provision) Regulations 2022

SI 2022/1134 – The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

SI 2022/1133 – The Early Years Foundation Stage (Welfare Requirements) (England) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 10th, 2022 in law reports by sally

Court of Appeal (Civil Division)

SSE Generation Ltd & Ors, R (On the Application Of) v Competition and Markets Authority [2022] EWCA Civ 1472 (08 November 2022)

GW Pharma Ltd & Anor v Otsuka Pharmaceutical Co. Ltd [2022] EWCA Civ 1462 (08 November 2022)

Court of Appeal (Criminal Division)

Anderson v R. [2022] EWCA Crim 1465 (09 November 2022)

Richards v Rex [2022] EWCA Crim 1470 (08 November 2022)

High Court (Administrative Court)

The Director of Public Prosecutions v Charlesworth [2022] EWHC 2835 (Admin) (09 November 2022)

Bouchti v London Borough of Enfield [2022] EWHC 2809 (Admin) (09 November 2022)

CPRE (Somerset), R (On the Application Of) v South Somerset District Council [2022] EWHC 2817 (Admin) (08 November 2022)

Tesco Stores Ltd, R (On the Application Of) v Allerdale Borough Council [2022] EWHC 2827 (Admin) (08 November 2022)

YR, R (On the Application Of) v London Borough of Lambeth [2022] EWHC 2813 (Admin) (08 November 2022)

Build Hollywood Ltd v London Borough of Hackney [2022] EWHC 2806 (Admin) (07 November 2022)

High Court (Chancery Division)

Margulies v Margulies [2022] EWHC 2843 (Ch) (10 November 2022)

Hopes & Anor (Trustees of the Skandia Life Policy Trust) v Burton & Ors [2022] EWHC 2770 (Ch) (09 November 2022)

Weiss Technik UK Ltd & Ors v Davies & Ors [2022] EWHC 2773 (Ch) (08 November 2022)

High Court (Commercial Court)

Royal & Sun Alliance Insurance Ltd & Ors v Tughans (a firm) [2022] EWHC 2825 (Comm) (09 November 2022)

High Court (Patents Court)

Teva Pharmaceutical Industries Ltd & Anor v Novartis AG & Anor [2022] EWHC 2847 (Pat) (10 November 2022)

Lisa Draxlmaier GmbH v BOS GmbH & Co KG [2022] EWHC 2823 (Pat) (08 November 2022)

High Court (King’s Bench Division)

AB v Chief Constable of British Transport Police [2022] EWHC 2749 (KB) (07 November 2022)

Source: www.bailii.org