Children being coerced into most severe forms of sexual abuse online – report – The Independent

‘The Internet Watch Foundation says it found nearly 900 instances of the most severe types of child sexual abuse content in just five days.’

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The Independent, 18th November 2022

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 18th, 2022 in legislation by sally

SI 2022/1193 – The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022

SI 2022/1192 – The Court of Protection (Amendment) Rules 2022

Source: www.legislation.gov.uk

Refusals on ‘Not Conducive to the Public Good’ Grounds – EIN Blog

Posted November 18th, 2022 in burden of proof, government departments, immigration, news, public interest by sally

‘Where an individual’s presence in the UK is non-conducive to the public good, Part 9 of the Immigration Rules sets out that this is a mandatory ground for refusal or cancellation under the suitability requirements. This applies to applications for entry clearance, permission to enter and permission to stay.
Presence in the UK being non-conducive to the public good can also constitute a reason to deprive an individual of their British citizenship. This is set out in further detail in our earlier post here. However, the deprivation of citizenship is provided for separately under section 40(4) of the British Nationality Act 1981.’

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EIN Blog, 14th November 2022

Source: www.ein.org.uk

Alleged Islamophobia in misconduct proceedings: El Diwany – Law & Religion UK

‘Mr Farid El Diwany was twice convicted in Norway of harassment [16] and, in consequence, was struck off the Roll of Solicitors [16(ix)]. In El Diwany v Solicitors Regulation Authority Ltd [2022] EWHC 2882 (Admin), he appealed against an order of the Solicitors Disciplinary Tribunal (“the SDT”) dated 18 November 2021 refusing his application to be restored to the Roll [1].’

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Law & Religion UK, 16th November 2022

Source: lawandreligionuk.com

New UK guidelines place stricter rules on age-restricted online campaigns – OUT-LAW.com

Posted November 18th, 2022 in advertising, children, codes of practice, internet, news, ombudsmen by sally

‘The UK’s advertising regulator has published new rules on how to target age-restricted ads responsibly online. Advertisers need to ensure compliance right from the start of the campaign planning, according to experts at Pinsent Masons.’

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OUT-LAW.com, 17th November 2022

Source: www.pinsentmasons.com

Christian Magaard: Reconciling the Proactive Principle of Legality with Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 18th, 2022 in bills, constitutional law, human rights, news, parliament by sally

‘Rising like an arguably rather dark phoenix from the ashes, the Bill of Rights Bill now appears back on the legislative agenda. Yet again, the repeal of the Human Rights Act 1998 (HRA) seems somewhat inevitable, unless cabinet will once again implode in turmoil. In this light, the potential of the common law to provide a system of rights protection of similar vigour to that of the HRA has rightly gained much attention. The previous debate has largely focused on the content and development of common law rights and the structural potentials of the common law constitution. In contrast, this post will shed some light on what Mark Elliott described as the rigour of rights protection. The repeal of s. 3 HRA is surely one of the major cuts of judicial competences that the Bill of Rights Bill aims to undertake. Reinforcing a suggestion made by Eirik Bjorge and Michael Foran, it will hence be argued that the judiciary may well fill this protection gap by applying the proactive principle of legality (PoL). The use of this principle, however, can only be justified by acknowledging a new doctrinal foundation that reconciles it with parliamentary sovereignty.’

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UK Constitutional Law Association, 17th November 2022

Source: ukconstitutionallaw.org

Shona Wilson Stark: Section 4 of the Human Rights Act 1998: Still Standing, or Standing Still? – UK Constitutional Law Association

Posted November 18th, 2022 in bills, constitutional law, human rights, news by sally

‘In previous work, I have criticised the courts’ apparent confusion and/or uneasiness with the making of declarations of incompatibility under section 4 of the Human Rights Act 1998 (“HRA”). I have argued that the courts have paid insufficient mind to the fact that the regime under sections 3-4 of the HRA is different to the regime under HRA sections 6-9. The related questions of who has standing to bring a section 4 claim and what “incompatibility” means are unresolved. In this post, I recap my argument and attempt to ignite a discussion about the proper purpose of section 4, prior to any future human rights reform.’

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UK Constitutional Law Association, 16th November 2022

Source: ukconstitutionallaw.org

Entrepreneur prisoners bid to turn back on crime – Ministry of Justice

Posted November 18th, 2022 in crime prevention, Ministry of Justice, news, prisons, rehabilitation by sally

‘Prisoners today (17 November 2022) pitched their business ideas to a “Dragons’ Den” panel as part of a ground-breaking scheme to steer them away from crime.’

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Ministry of Justice, 17th November 2022

Source: www.gov.uk

Claimant wins judicial review challenge over “unlawful” level of Care Act support – Local Government Lawyer

Posted November 18th, 2022 in autism, carers, disabled persons, duty of care, judicial review, local government, news by sally

‘An autistic woman has succeeded in a claim for judicial review against the London Borough of Croydon after a deputy High Court judge ruled that the council had failed to meet her needs contrary to the requirements of the Care Act 2014.’

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Local Government Lawyer, 17th November 2022

Source: www.localgovernmentlawyer.co.uk

ICO reprimand for misuse of children’s data: a proportionate response or a let off? – Local Government Lawyer

‘Last week, the Department for Education received a formal reprimand from the Information Commissioner’s Office (ICO) over a “serious breach” of the GDPR involving the unauthorised sharing of up to 28 million children’s personal data. But the Department has avoided a fine, despite a finding of “woeful” data protection practices. Ibrahim Hasan reports.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Injunctions in the Court of Protection – Local Government Lawyer

Posted November 18th, 2022 in appeals, Court of Protection, families, injunctions, local government, news by sally

‘Simon Lindsay and Ruth Atkinson-Wilks explore injunctions in the Court of Protection and examine a helpful tool for giving effect to best interests decisions.’

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Local Government Lawyer, 18th November 2022

Source: www.localgovernmentlawyer.co.uk

Ex-police officer jailed after arriving to meet ‘15-year-old’ in KFC car park – The Independent

‘An ex-police officer has been jailed after he was caught by an undercover agent arranging to meet a 15-year-old girl at KFC with condoms and lube.’

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The Independent, 18th November 2022

Source: www.independent.co.uk

Woman banned from Primark after ripping worker’s shirt for ‘flirting’ – The Independent

Posted November 18th, 2022 in assault, community service, compensation, criminal damage, news, sentencing by sally

‘A woman has been banned from Primark after assaulting a staff member for “flirting” with a colleague she found attractive.’

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The Independent, 15th November 2022

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 17th, 2022 in legislation by sally

SI 2022/1183 – The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) (No. 3) Regulations 2022

SI 2022/1182 – The Ammonium Nitrate Materials (High Nitrogen Content) Safety (Amendment) (No. 2) Regulations 2022

SI 2022/1181 – The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2022

SI 2022/1171 – The Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2022

SI 2022/1186 – The Subsidy Control (Gross Cash Amount and Gross Cash Equivalent) Regulations 2022

SI 2022/1185 – The Stamp Duty Land Tax (Service of Documents) Regulations 2022

SI 2022/1189 – The National Health Service (NHS Payment Scheme – Consultation) Regulations 2022

SI 2022/1173 – The Greenhouse Gas Emissions Trading Scheme (Amendment) (No. 2) Order 2022

SI 2022/1169 – The Merchant Shipping (Nuclear Ships) Regulations 2022

SI 2022/1191 – The Higher Education (Investigation Fees) (England) Regulations 2022

SI 2022/1187 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 4 and Transitional Provisions) and Road Traffic Offenders Act 1988 (Commencement No. 1) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 17th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Burnford & Ors v Automobile Association Developments Ltd [2022] EWCA Civ 1943 (14 November 2022)

Court of Appeal (Criminal Division)

Pike v R. [2022] EWCA Crim 1501 (14 November 2022)

High Court (Administrative Court)

Hardcastle, R (On the Application Of) v BDW Trading Ltd (t/a David Wilson Homes South
Midlands) [2022] EWHC 2905 (Admin) (16 November 2022)

P, R (On the Application Of) v London Borough of Croydon [2022] EWHC 2886 (Admin) (15 November 2022)

El Diwany v Solicitors Regulation Authority Ltd [2022] EWHC 2882 (Admin) (15 November 2022)

HM Solicitor General v Millinder [2022] EWHC 2832 (Admin) (11 November 2022)

Nikolov v Regional Prosecutor’s Office – Pazardzhik (Bulgaria) [2022] EWHC 2877 (Admin) (11 November 2022)

High Court (Chancery Division)

Brake & Anor v Guy & Ors (Costs) [2022] EWHC 2907 (Ch) (16 November 2022)

Genius Sports Technology Ltd & Ors v Genius Sports Asia PTE Ltd & Ors [2022] EWHC 2903 (Ch) (15 November 2022)

Hurst v Green & Ors [2022] EWHC 2895 (Ch) (15 November 2022)

Chedington Events Ltd v Brake & Anor [2022] EWHC 2880 (Ch) (15 November 2022)

Gill v Thind & Ors [2022] EWHC 2872 (Ch) (14 November 2022)

High Court (Commercial Court)

Evans v Muxworthy & Anor [2022] EWHC 2866 (Comm) (11 November 2022)

High Court (King’s Bench Division)

Riley v Sivier [2022] EWHC 2891 (KB) (16 November 2022)

High Court (Technology and Construction Court)

Northumbrian Water Ltd v Doosan Enpure & Anor [2022] EWHC 2881 (TCC) (14 November 2022)

Source: www.bailii.org

Building Safety Act 2022: changing the rules on the landlord and tenant relationship – Practical Law: Construction Blog

‘The Building Safety Act 2022 (BSA 2022) creates a whole new world of building safety regulation and litigation. A key legislative objective was to regulate and direct responsibility for the cost of works to remedy building safety issues, so that the risk of such costs could no longer be the subject of agreement between landlord and tenant, but would (in defined circumstances) be apportioned in advance, by law, to the landlord.’

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Practical Law: Construction Blog, 16th November 2022

Source: constructionblog.practicallaw.com

Law Commission seeks views on decentralised autonomous organisations (DAOs) – Law Commission

‘The Law Commission has launched a call for evidence asking users and other experts for information about how decentralised autonomous organisations – DAOs – can be characterised, and how the law of England and Wales might accommodate them now and in the future.’

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Law Commission, 16th November 2022

Source: www.lawcom.gov.uk

Gang leader avoids an extra seven years in prison by paying back the proceeds of his part in a dirty cash laundering operation – Crown Prosecution Service

‘A well-known criminal gang leader has avoided another seven years being added onto his seven-year prison sentence after paying back £1,243,270.75, of his ill-gotten gains from a money laundering operation.’

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Crown Prosecution Service, 14th November 2022

Source: www.cps.gov.uk

Research briefing: Seafarers’ Wages Bill [HL] 2022-23 – House of Commons Library

Posted November 17th, 2022 in bills, employment, news, remuneration, shipping law, ships by sally

‘This briefing will discuss the Government’s Bill to ensure seafarers with close ties to the UK are paid at least an equivalent to the UK national minimum wage while they are in UK waters.’

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House of Commons Library , 14th November 2022

Source: commonslibrary.parliament.uk

Research Briefing: Voter ID – House of Commons Library

Posted November 17th, 2022 in elections, fraud, identification, identity cards, news, parliament by sally

‘The Elections Act 2022 will introduce the requirement to show photo ID at UK Parliamentary elections, police and crime commissioner elections and at local elections in England. This briefing looks at the background to voter ID in the UK.’

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House of Commons Library , 14th November 2022

Source: commonslibrary.parliament.uk