Clicks, pops and nuisance – Nearly Legal

Posted November 7th, 2022 in expert witnesses, housing, leases, news, noise, nuisance by sally

‘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.’

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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.’

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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”.’

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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

Posted November 7th, 2022 in compensation, delay, disabled persons, housing, local government, news, ombudsmen by sally

‘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.’

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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.’

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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?’

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Courts & Tribunals Judiciary, 31st October 2022

Source: www.judiciary.uk

Rule makers to give ‘early notice’ of fixed costs rules – Law Society’s Gazette

Posted November 7th, 2022 in civil justice, civil procedure rules, costs, news by sally

‘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.’

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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.’

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Law Society’s Gazette, 4th November 2022

Source: www.lawgazette.co.uk

Nick Kyrgios settles legal case with Wimbledon spectator – The Guardian

Posted November 7th, 2022 in defamation, news, sport by sally

‘Nick Kyrgios has settled a legal case with a spectator he accused of having “about 700 drinks” during this year’s Wimbledon final.’

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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.’

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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.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Call for planning permission variations reform after Hillside ruling – OUT-LAW.com

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court, Wales by sally

‘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.’

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OUT-LAW.com, 3rd November 2022

Source: www.pinsentmasons.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 4th, 2022 in legislation by sally

SI 2022/1121 – The Animal Health (Poultry Compartments, Approved Disinfectants and Animal Gatherings) (Fees) (England) (Amendment) Order 2022

SI 2022/1120 – The Phytosanitary Conditions (Amendment) (No. 3) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 4th, 2022 in law reports by sally

Supreme Court

The Soldiers, Sailors, Airmen and Families Association – Forces Help & Anor v Allgemeines Krankenhaus Viersen GmbH [2022] UKSC 29 (02 November 2022)

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)

Baybasin, R (On the Application Of) v Secretary of State for Justice [2022] EWHC 2781 (Admin) (03 November 2022)

Driver & Vehicle Standards Agency v Titan Containers Ltd [2022] EWHC 2780 (Admin) (03 November 2022)

Assurant General Insurance Ltd v Financial Ombudsman Service [2022] EWHC 2766 (Admin) (02 November 2022)

BAL & Ors, R (On the Application Of) v Secretary of State for Defence & Anor [2022] EWHC 2757 (Admin) (02 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)

Associated Newspapers Ltd v Buckingham Group Contracting Ltd (Cost Budgeting) [2022] EWHC 2767 (TCC) (02 November 2022)

J Wanstall & Sons v Fridays Ltd [2022] EWHC 2759 (TCC) (02 November 2022)

University of Manchester v John McAslan & Partners Ltd & Anor [2022] EWHC 2750 (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

Posted November 4th, 2022 in environmental protection, local government, news, planning by sally

‘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.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Age assessment and social media evidence – Local Government Lawyer

Posted November 4th, 2022 in asylum, children, disclosure, immigration, internet, local government, news, young persons by sally

‘The Upper Tribunal has provided guidance on social media evidence in age assessment cases. Donnchadh Greene examines its ruling.’

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Local Government Lawyer, 4th November 2022

Source: www.localgovernmentlawyer.co.uk

Developer loses Supreme Court battle over implementation of successive planning permissions – Local Government Lawyer

Posted November 4th, 2022 in appeals, housing, local government, news, planning, Supreme Court by sally

‘The Supreme Court has unanimously dismissed an appeal by a developer in a dispute with a national park authority over the implementation of successive planning permissions.’

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Local Government Lawyer, 3rd November 2022

Source: www.localgovernmentlawyer.co.uk

Serial romance fraudster scammed over £324,000 from victims – Crown Prosecution Service

‘A high-value serial romance fraudster has been found guilty today (3 November 2022) of duping victims out of just over £324,000 in an investment scam.’

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Crown Prosecution Service, 3rd November 2033

Source: www.cps.gov.uk

Junior lawyers won’t have to ‘turn in’ bullying workmates – Law Society’s Gazette

‘Junior lawyers will be exempt from a new professional obligation to report on anyone mistreating colleagues in the workplace, following a rethink by the Solicitors Regulation Authority. However, proposed changes to conduct rules that will give the regulator more scope to clamp down on bullying, harassment or discrimination have otherwise got the go-ahead.’

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Law Society's Gazette, 3rd November 2022

Source: www.lawgazette.co.uk

SFO secures record penalty in Glencore bribery case – Law Society’s Gazette

Posted November 4th, 2022 in bribery, company law, confiscation, costs, fines, news, sentencing, Serious Fraud Office by sally

‘The UK subsidiary of commodities trader Glencore was today ordered to pay £281 million in a fine, confiscation order and costs in the largest ever such penalty in a corporate criminal conviction. Glencore is the first business to be convicted under the Bribery Act 2010 for the active authorisation of bribery rather than a failure to prevent it.’

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Law Society's Gazette, 3rd November 2022

Source: www.lawgazette.co.uk