Eastbourne couple jailed for neglecting children in squalid house – BBC News
‘A couple who neglected children in a house filled with litter, rotting food and animal faeces have been jailed.’
BBC News, 7th November 2022
Source: www.bbc.co.uk
Just Stop Oil: High Court grants injunction to prevent M25 protests Published 23 hours ago – BBC News
‘A High Court injunction has been granted to prevent Just Stop Oil protesters disrupting the M25.’
BBC News, 6th November 2022
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
SI 2022/1132 – The National Health Service (Primary Dental Services) (Amendment) Regulations 2022
SI 2022/1131 – The National Health Service (Performers Lists) (England) (Amendment) Regulations 2022
SI 2022/1129 – The Feed Additives (Authorisations) (England) Regulations 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Parveen v Hussain [2022] EWCA Civ 1434 (04 November 2022)
Court of Appeal (Criminal Division)
Nguyen, R. v [2022] EWCA Crim 1444 (04 November 2022)
High Court (Administrative Court)
High Court (Chancery Division)
Brake & Anor v Guy & Ors [2022] EWHC 2797 (Ch) (04 November 2022)
Financial Conduct Authority v Papadimitrakopoulos & Anor [2022] EWHC 2792 (Ch) (04 November 2022)
High Court (Commercial Court)
Khouj v Acropolis Capital Management Ltd & Anor [2022] EWHC 2802 (Comm) (07 November 2022)
VTB Commodities Trading DAC v JSC Antipinsky Refinery [2022] EWHC 2795 (Comm) (04 November 2022)
Moss & Ors v Martin & Anor [2022] EWHC 2788 (Comm) (04 November 2022)
Sefe Marketing & Trading Ltd v Vitol SA [2022] EWHC 2800 (Comm) (03 November 2022)
Source: www.bailii.org
Rent Repayment Orders – Upper Tribunal on calculating amount, again – Nearly Legal
‘Hancher v David & Ors (HOUSING – RENT REPAYMENT ORDERS – house in multiple occupation – failure to obtain an HMO licence) (2022) UKUT 277 (LC). This was an appeal from an FTT decision to make an rent repayment order in the amount of 100% of the rent for the relevant period due to a failure to licence an HMO.’
Nearly Legal, 6th November 2022
Source: nearlylegal.co.uk
Clicks, pops and nuisance – Nearly Legal
‘Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC). This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be drawn.’
Nearly Legal, 6th November 2022
Source: nearlylegal.co.uk
The latest injunction against HS2 protestors bans nearly everyone anywhere on 170 mile route – UK Human Rights Blog
‘High Speed Two (HS2) Limited and the Secretary of State for Transport v Four Categories of Persons Unknown and Ross Monaghan and 58 other Named Defendants [2022] EWHC 2360 (KB). This case involved the application, and grant, of an interim injunction in the “unknown” as well as “known” protester context by Knowles J in the Birmingham District Registry.’
UK Human Rights Blog, 7th November 2022
Source: ukhumanrightsblog.com
The small boats storm and the unlawful seizure of mobile phones – UK Human Rights Blog
‘The storm raging around small boats arriving on the south coast has been brewing for some time. In early summer the focus was a policy to send arrivals to Rwanda. Intervention by the European Court of Human Rights effectively suspended flights while a domestic ruling on the policy’s legality is awaited. Meanwhile, in Dover a migrant processing centre has been firebombed, another is dangerously overcrowded, and the new Home Secretary raises tensions by speaking of an “invasion”.’
UK Human Rights Blog, 4th November 2022
Source: ukhumanrightsblog.com
Slough woman unable to access upstairs because of council grant delay, Ombudsman finds – Local Government Lawyer
‘A disabled woman had to sleep, eat and wash in her downstairs living room because Slough Borough Council took too long to decide whether she can have a stairlift, an investigation by the Local Government and Social Care Ombudsman has revealed.’
Local Government Lawyer, 4th November 2022
Source: www.localgovernmentlawyer.co.uk
Council pays £55,000 and makes an apology to survivor of abuse in children’s home – Local Government Lawyer
‘Essex County Council has personally apologised to a man and agreed to pay him £55,000 in compensation following a civil compensation claim over sexual abuse he suffered as a child while in the council’s care.’
Local Government Lawyer, 4th November 2022
Source: www.localgovernmentlawyer.co.uk
Speech by the President of the Family Division: When families fall apart, do they fall too easily into court? – Courts & Tribunals Judiciary
‘Speech by the President of the Family Division: When families fall apart, do they fall too easily into court?’
Courts & Tribunals Judiciary, 31st October 2022
Source: www.judiciary.uk
Rule makers to give ‘early notice’ of fixed costs rules – Law Society’s Gazette
‘The final procedural rules for next April’s extension of fixed recoverable costs to civil claims worth up to £100,000 will be made public as soon as possible, Lord Justice Birss said last week.’
Law Society’s Gazette, 7th November 2022
Source: www.lawgazette.co.uk
New powers for forensic science regulator by end of March – Law Society’s Gazette
‘Forensic science witnesses in criminal justice cases can expect to be subject to the Forensic Science Regulator’s statutory regime by the end of March 2023, incumbent regulator Gary Pugh said today.’
Law Society’s Gazette, 4th November 2022
Source: www.lawgazette.co.uk
Nick Kyrgios settles legal case with Wimbledon spectator – The Guardian
‘Nick Kyrgios has settled a legal case with a spectator he accused of having “about 700 drinks” during this year’s Wimbledon final.’
The Guardian, 5th November 2022
Source: www.theguardian.com
How Immigration Detention Violates People’s Human Rights – Each Other
‘People held in immigration detention have human rights – just like the rest of us. Under international law and the Human Rights Act 1998 (HRA), people have a right to liberty, a family life, an adequate standard of living and other aspects.’
Each Other, 4th November 2022
Source: eachother.org.uk
New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com
‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’
OUT-LAW.com, 3rd November 2022
Source: www.pinsentmasons.com
Call for planning permission variations reform after Hillside ruling – OUT-LAW.com
‘Planning law in England should be updated to avoid a situation where the original planning permission granted to a site is invalidated by departures from the original approved plans because subsequent planning permissions granted for development within that site have made compliance with the original scheme physically impossible, an expert has said.’
OUT-LAW.com, 3rd November 2022
Source: www.pinsentmasons.com
BAILII: Recent Decisions
Supreme Court
Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30 (02 November 2022)
Court of Appeal (Civil Division)
Candy v Commissioners for HM Revenue & Customs [2022] EWCA Civ 1447 (03 November 2022)
O G Thomas Amaethyddiaeth CYF & Anor v Turner & Ors [2022] EWCA Civ 1446 (03 November 2022)
B (A Child), Re [2022] EWCA Civ 1439 (02 November 2022)
Lidl Great Britain Ltd & Anor v Tesco Stores & Anor [2022] EWCA Civ 1433 (02 November 2022}
Secretary of State for the Home Department v Smith [2022] EWCA Civ 1445 (02 November 2022)
Court of Appeal (Criminal Division)
Wilson, R. v [2022] EWCA Crim 1438 (03 November 2022)
Elmi, R. v [2022] EWCA Crim 1428 (02 November 2022)
High Court (Administrative Court)
Driver & Vehicle Standards Agency v Titan Containers Ltd [2022] EWHC 2780 (Admin) (03 November 2022)
Lateef v General Medical Council [2022] EWHC 2743 (Admin) (01 November 2022)
High Court (Chancery Division)
Chopra & Ors v Katrin Properties Ltd & Anor [2022] EWHC 2728 (Ch) (03 November 2022)
Heywood v Freakley & Ors [2022] EWHC 2762 (Ch) (02 November 2022)
High Court (Technology and Construction Court)
J Wanstall & Sons v Fridays Ltd [2022] EWHC 2759 (TCC) (02 November 2022)
Tejani v Fitzroy Place Residential Ltd [2022] EWHC 2760 (TCC) (02 November 2022)
Source: www.bailii.org
A challenge of planning judgment – Local Government Lawyer
‘The High Court decision in dismissing a challenge against the grant of permission for development in an Area of Outstanding Natural Beauty (AONB) has helpfully underlined hurdles to interfering with the merits of controversial decisions, writes Megan Forbes.’
Local Government Lawyer, 4th November 2022
Source: www.localgovernmentlawyer.co.uk
