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.’

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UK Constitutional Law Association, 9th November 2022

Source: ukconstitutionallaw.org

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

Posted November 11th, 2022 in constitutional law, judges, legal history, licensing, local government, news, ultra vires by sally

‘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.’

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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.’

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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.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

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

Posted November 11th, 2022 in confiscation, enforcement, Law Commission, news, proceeds of crime, statute law revision by sally

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

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Law Commission, 9th November 2022

Source: www.lawcom.gov.uk

Safeguarding children with disabilities in residential settings – Family Law

Posted November 11th, 2022 in care homes, child abuse, child neglect, children, disabled persons, education, local government, news, special educational needs by sally

‘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.’

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Family Law, 4th November 2022

Source: www.familylaw.co.uk

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

Posted November 11th, 2022 in compensation, constructive dismissal, disciplinary procedures, employment, employment tribunals, law firms, mental health, news, solicitors by sally

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

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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.’

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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

Posted November 11th, 2022 in asylum, government departments, human rights, immigration, international law, news, refugees, United Nations by sally

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

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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.’

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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.’

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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.’

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BBC News, 11th November 2022

Source: www.bbc.co.uk

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

Posted November 10th, 2022 in compensation, disciplinary procedures, employment tribunals, law firms, news, sick leave, solicitors, transfer of undertakings, unfair dismissal by sally

‘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.’

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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

Assault EW cases and the perverse effects of virtue-signalling legislation – Counsel

Posted November 10th, 2022 in assault, autism, emergency services, hospitals, imprisonment, mental health, news, police by sally

‘Defence lawyers are concerned that charging is frequently not in the public interest and that defendants with severe mental health problems and/or who are neurodivergent are being pointlessly swept into the criminal justice system, warns Penelope Gibbs.’

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Counsel, November 2022

Source: www.counselmagazine.co.uk

Cloudside man who served mince pies in lockdown jailed – BBC News

Posted November 10th, 2022 in coronavirus, guilty pleas, news, perverting the course of justice, regulations, sentencing by sally

‘A man who broke Covid lockdown rules by serving wine and mince pies at a shooting club, then later attempted to destroy evidence, has been jailed.’

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BBC News, 9th November 2022

Source: www.bbc.co.uk

MPs warn court system is failing to support public understanding of justice system – Local Government Lawyer

Posted November 10th, 2022 in civil justice, criminal justice, judgments, news, reports by sally

‘The Justice Committee has called for a “renewed focus” in the court system to remove barriers to the media and members of the public coming to court proceedings.’

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Local Government Lawyer, 9th November 2022

Source: www.localgovernmentlawyer.co.uk

Councils in court over hotels housing asylum seekers – BBC News

Posted November 10th, 2022 in asylum, change of use, hotels, injunctions, local government, news, planning by sally

‘Lawyers for two councils have urged the High Court to block the Home Office’s contractors from using large hotels to house asylum seekers, claiming the schemes break planning laws and harm communities.’

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BBC News, 9th November 2022

Source: www.bbc.co.uk

UK teenager’s death probably caused by bed blocking breathing tube – coroner – The Guardian

Posted November 10th, 2022 in hospitals, inquests, news, young persons by sally

‘A teenager died shortly after routine surgery when a breathing tube became blocked, possibly when it was squashed by the wheels of her recovery bed, a coroner has concluded.’

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The Guardian, 9th November 2022

Source: www.theguardian.com