Police pay woman £40,000 after using unlawful force – BBC News
‘A woman has been paid £40,000 compensation by a police force after two officers trespassed in her home and unlawfully arrested her.’
BBC News, 14th November 2022
Source: www.bbc.co.uk
UK Retained EU Law Bill’s impact on intellectual property – OUT-LAW.com
‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’
OUT-LAW.com, 10th November 2022
Source: www.pinsentmasons.com
When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog
‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’
Practical Law: Construction Blog, 11th November 2022
Merris Amos: The place of human rights in the Constitution of the United Kingdom – UK Constitutional Law Association
‘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.’
UK Constitutional Law Association, 9th November 2022
Source: ukconstitutionallaw.org
Simon Lee: Wednesbury’s 75th Anniversary – UK Constitutional Law Association
‘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.’
UK Constitutional Law Association, 10th November 2022
Source: ukconstitutionallaw.org
Clangers: LPAs and duties of care – Local Government Lawyer
‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’
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
‘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.’
Local Government Lawyer, 11th November 2022
Source: www.localgovernmentlawyer.co.uk
New reforms to recover millions more from the proceeds of crime – Law Commission
‘The Law Commission has published new reforms to overhaul the system for recovering the proceeds of criminal activities.’
Law Commission, 9th November 2022
Source: www.lawcom.gov.uk
Safeguarding children with disabilities in residential settings – Family Law
‘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.’
Family Law, 4th November 2022
Source: www.familylaw.co.uk
Solicitor awarded £32,000 over anxiety during employment transfer – Law Society’s Gazette
‘A solicitor whose employment was transferred to another firm without notice or consultation has succeeded in a claim for constructive dismissal.’
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
‘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.’
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
‘The UK should make sure its “treatment of asylum seekers complies with international laws”, members of the United Nations Human Rights Council said.’
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
‘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.’
The Guardian, 10th November 2022
Source: www.theguardian.com
Stamford Hill: Man guilty of attacking three Jewish people – BBC News
‘A man has been found guilty of carrying out antisemitic attacks on three Jewish people.’
BBC News, 10th November 2022
Source: www.bbc.co.uk
Police are failing crime victims, says UK neighbourhood officer – BBC News
‘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.’
BBC News, 11th November 2022
Source: www.bbc.co.uk
Personal injury solicitor awarded £32,000 for unfair dismissal – Legal Futures
‘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.’
Legal Futures, 10th November 2022
Source: www.legalfutures.co.uk
Recent Statutory Instruments – legislation.gov.uk
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 2022/1149 – The Local Land Charges (Amendment) Rules 2022
SI 2022/1148 – The Childcare Payments (Miscellaneous Amendments) 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 2022/1134 – The Childcare (Free of Charge for Working Parents) (England) Regulations 2022
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
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)
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)
Weiss Technik UK Ltd & Ors v Davies & Ors [2022] EWHC 2773 (Ch) (08 November 2022)
High Court (Commercial Court)
High Court (Patents Court)
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
‘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.’
Counsel, November 2022
Source: www.counselmagazine.co.uk
Cloudside man who served mince pies in lockdown jailed – BBC News
‘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.’
BBC News, 9th November 2022
Source: www.bbc.co.uk
