Almost 75,000 defendants awaiting crown court trial, says head of CPS – The Guardian

‘The head of the Crown Prosecution Service has warned that cutting its budget would have a “catastrophic” impact on the backlog in the crown courts, as he revealed that almost 75,000 defendants were awaiting trial at the end of last month.’

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The Guardian, 1st November 2022

Source: www.theguardian.com

Laurence Fox loses latest round of High Court libel battle – The Independent

Posted November 2nd, 2022 in costs, defamation, interpretation, news by sally

‘Laurence Fox has lost the latest round of his High Court libel case with three people he referred to as “paedophiles” on Twitter.’

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The Independent, 1st November 2022

Source: www.independent.co.uk

Separating couples should “try almost anything” before going to court – Legal Futures

Posted November 2nd, 2022 in arbitration, children, dispute resolution, divorce, families, family courts, judges, news by sally

‘Separating couples should “try almost anything” before turning to the courts, the president of the Family Division has said, arguing that there has “got to be a better way” to resolve child disputes in particular.’

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Legal Futures, 2nd November 2022

Source: www.legalfutures.co.uk

The Number of People Held in Prison Waiting To be Transferred to Immigration Centres has Tripled – Each Other

Posted November 2nd, 2022 in detention, human rights, immigration, legal advice, legal aid, news, prisons, statistics by sally

‘While the number of people held in Immigration Removal Centres (IRC) fell as a result of the pandemic, the number of people detained in prisons for immigration reasons increased. A freedom of information response obtained by the charity Bail for Immigration Detainees (BID) has revealed a concerning rise in the numbers of people held in prisons under immigration powers, awaiting transfers to an IRC.’

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Each Other, 2nd November 2022

Source: eachother.org.uk

Victim stalked for almost 20 years calls sentence ‘an insult’ – BBC News

Posted November 2nd, 2022 in criminal justice, imprisonment, news, restraining orders, sentencing, stalking, victims by sally

‘The Victims Commissioner for London has described the sentence handed down to her stalker of 19 years as “an insult”.’

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BBC News, 2nd November 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 2nd, 2022 in legislation by sally

SI 2022/1112 – The Road Traffic Act 1988 (Police Driving: Prescribed Training) Regulations 2022

SI 2022/1104 – The Energy Prices (Designated Domestic Energy Price Reduction Schemes for Great Britain and Designated Bodies) Regulations 2022

SI 2022/1103 – The Energy Bill Relief Scheme Pass-through Requirement (England and Wales and Scotland) Regulations 2022

SI 2022/1102 – The Energy Bills Support Scheme and Energy Price Guarantee Pass-through Requirement (England and Wales and Scotland) Regulations 2022

SI 2022/1101 – The Energy Bill Relief Scheme Pass-through Requirement (Heat Suppliers) (England and Wales and Scotland) Regulations 2022

SI 2022/1100 – The Energy Bill Relief Scheme Regulations 2022

Source: www.legislation.gov.uk

Man jailed for killing father-to-be found on fire on London common – The Independent

Posted November 2nd, 2022 in homicide, imprisonment, news, perverting the course of justice, sentencing by sally

‘A man has been jailed for nine years for killing a father-to-be whose body was dumped and set on fire on a London common.’

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The Independent, 1st November 2022

Source: www.independent.co.uk

Court of Appeal rules on power to prosecute consumer offences outside local authority area – Local Government Lawyer

Posted November 2nd, 2022 in appeals, local government, news, prosecutions, statutory interpretation by sally

‘The Court of Appeal has handed down a key ruling in conjoined appeals on the power of a local authority to prosecute consumer offences outside its area.’

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Local Government Lawyer, 1st November 2022

Source: www.localgovernmentlawyer.co.uk

Ex-soldier inquest: ‘Veteran died after police Taser’ – BBC News

Posted November 2nd, 2022 in armed forces, firearms, inquests, mental health, news, police by sally

‘An Iraq and Afghanistan veteran with post-traumatic stress disorder died after being Tasered by police, an inquest has heard.’

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BBC News, 1st November 2022

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 2nd, 2022 in law reports by sally

X (Child Abduction: Habitual Residence) [2022] EWCA Civ 1423 (01 November 2022)

Stait v Cosmos Insurance Ltd Cyprus [2022] EWCA Civ 1429 (01 November 2022)

Cobalt Data Centre 2 LLP & Anor v Revenue And Customs [2022] EWCA Civ 1422 (31 October 2022)

Smith v Secretary of State for Levelling Up, Housing & Communities & Anor [2022] EWCA Civ 1391 (31 October 2022)

Court of Appeal (Criminal Division)

AUL v R. [2022] EWCA Crim 1435 (31 October 2022)

High Court (Administrative Court)

Bojanowski v Regional Court In Lodz (Poland) [2022] EWHC 2754 (Admin) (01 November 2022)

De Aquino v Secretary of State for the Home Department [2022] EWHC 2730 (Admin) (31 October 2022)

Hetherington & Anor v Solicitors Regulation Authority Ltd [2022] EWHC 2722 (Admin) (31 October 2022)

The Commissioner of Police of the Metropolis, R. (On the Application Of) v Michel & Anor [2022] EWHC 2711 (Admin) (28 October 2022)

High Court (Chancery Division)

Ras Al Khaimah Investment Authority v Farhad Azima [2022] EWHC 2727 (Ch) (01 November 2022)

Secretary of State for Business Energy And Industrial Strategy v Sentor Solutions Commercial Ltd & Ors [2022] EWHC 2734 (Ch) (31 October 2022)

Transworld Payment Solutions U.K. Ltd, Re [2022] EWHC 2742 (Ch) (31 October 2022)

High Court (King’s Bench Division)

Jones & Ors v Chapel-En-Le-Frith Council [2022] EWHC 2709 (KB) (01 November 2022)

Dyson & Ors v Channel Four Television Corporation & Anor [2022] EWHC 2718 (KB) (31 October 2022)

O’Brien v Guy’s & St Thomas’ NHS Trust [2022] EWHC 2735 (KB) (31 October 2022)

Source: www.bailii.org

Case Preview: News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs – UKSC Blog

Posted November 2nd, 2022 in appeals, HM Revenue & Customs, media, news, Supreme Court, taxation, VAT by sally

‘In this post, Jack Prytherch, Of Counsel in the Tax team at CMS, previews the case of News Corp UK & Ireland Limited v Commissioners for His Majesty’s Revenue and Customs, which is scheduled to be heard on 22 and 23 November 2022.’

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UKSC Blog, 31st October 2022

Source: ukscblog.com

On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Twitter libel ruling vindicates TV presenter – Law Society’s Gazette

Posted November 1st, 2022 in appeals, damages, defamation, internet, media, news by sally

‘The Court of Appeal’s judgment was handed down in August 2022 in Laura Murray’s appeal against the ruling of Mr Justice Nicklin in Rachel Riley’s (pictured above) libel claim. The appeal was unanimously dismissed by the Court of Appeal, with £10,000 falling due to Riley.’

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Law Society's Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Claimants say Government sewage overflow plan contrary to ancient common law rights in pre-action letter – Local Government Lawyer

‘A surfer and an oyster supplier have joined with the Good Law Project to threaten a judicial review of a Government plan they argue will allow the discharge of untreated sewage into water bodies to continue for decades, breaching their “ancient” common law rights under the Public Trust Doctrine (PTD).’

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Local Government Lawyer, 31st October 2022

Source: www.localgovernmentlawyer.co.uk

Chambers “do not know money laundering status of barristers” – Legal Futures

Posted November 1st, 2022 in barristers, money laundering, news, notification, regulations by sally

‘A significant number of chambers do not know whether their barristers have declared that they are subject to the money laundering regulations (MLRs), the Bar Standards Board (BSB) has warned.’

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Legal Futures, 1 November 2022

Source: www.legalfutures.co.uk

Is Rishi Sunak Prepared to Break International Refugee Law? – Each Other

Posted November 1st, 2022 in asylum, human rights, news, refugees, Rwanda, treaties by sally

‘During his summer leadership bid against Liz Truss, prime minister Rishi Sunak said he wanted to give Parliament powers to cap the number of refugees Britain accepts each year. His proposal was part of a ten-point plan on immigration, which also included tightening the definition of who can qualify for asylum and doing “whatever it takes” to pursue the government’s plan to offshore asylum seekers to Rwanda.’

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Each Other, 31st October 2022

Source: eachother.org.uk

Mother wins £60,000 over Morrisons discrimination – BBC News

‘Morrisons has been told to pay a mother £60,000 for discriminating against her when she returned from maternity leave.’

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BBC News, 31st October 2022

Source: www.bbc.co.uk

In Britain, a jail sentence is often a death sentence. What’s going on in our prisons? – The Guardian

Posted November 1st, 2022 in criminal justice, death in custody, minorities, news, prisons by sally

‘Last year, 371 people died behind closed doors. We want justice for them – and an end to a cruel, complacent system.’

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The Guardian, 30th October

Source: www.theguardian.com

Once more unto the breach – Nearly Legal

Posted October 31st, 2022 in appeals, covenants, housing, landlord & tenant, leases, news, notification by sally

‘Dorrington Residential Ltd v 56 Clifton Gardens Ltd (LANDLORD AND TENANT – BREACH OF COVENANT – tenant’s covenant to permit landlord to enter and inspect a residential flat) (2022) UKUT 266 (LC). An appeal to the Upper Tribunal of an FTT decision that the leaseholders were in breach of lease by failing to provide access to the freeholder’s agents.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by sally

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

Full Story

Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk