What Could Prime Minister Rishi Sunak Mean for Human Rights? – Each Other

Posted October 26th, 2022 in asylum, climate change, environmental health, environmental protection, government departments, human rights, immigration, news by sally

‘Rishi Sunak has become prime minister, replacing Liz Truss as leader of the party after rival Penny Mordaunt dropped out of the race. It comes less than two months after he lost the leadership race to Truss, who resigned following the shortest-ever tenure as prime minister. Sunak, who previously served as chancellor under prime minister Boris Johnson, is the third British prime minister to serve since September this year.’

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Each Other, 25th October 2022

Source: eachother.org.uk

HMOs, overcrowding standards and reasonableness of accommodation – Nearly Legal

Posted October 26th, 2022 in appeals, homelessness, houses in multiple occupation, housing, local government, news by sally

‘A Court of Appeal decision which has broader significance for considering overcrowding and whether it is reasonable for a homeless applicant to remain in accommodation in an HMO with shared facilities. It also flags some arguments for the future by failing to decide what overcrowding standards should be applied to HMOs.’

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Nearly Legal, 24th October 2022

Source: nearlylegal.co.uk

Court rules abandoned wives should be allowed to return to UK – The Guardian

Posted October 26th, 2022 in families, government departments, immigration, news, visas, women by sally

‘A woman who was abandoned in Pakistan by her British husband and forcibly separated from her two-year-old daughter has won a high court case against such practice.’

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The Guardian, 25th October 2022

Source: www.theguardian.com

Government legacy bill risks breaches of human rights law, committee finds – The Independent

Posted October 26th, 2022 in bills, civil justice, criminal justice, government departments, human rights, inquests, news, Northern Ireland, select committees by sally

‘Proposed Government legislation to deal with the legacy of Northern Ireland’s Troubles risks widespread breaches of human rights law, a Westminster committee has found.’

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The Independent, 26th October 2022

Source: www.independent.co.uk

SRA forced to wait for end of Post Office inquiry to take action – Legal Futures

Posted October 25th, 2022 in disciplinary procedures, disclosure, inquiries, miscarriage of justice, news, postal service, solicitors by sally

‘The Solicitors Regulation Authority (SRA) is going to have to wait until the end of the Post Office inquiry before it can take formal disciplinary action against any lawyers involved in the scandal, it has revealed.’

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Legal Futures, 24th October 2022

Source: www.legalfutures.co.uk

Deputy High Court judge calls for non-means assessed legal aid for parents involved in deprivation of liberty proceedings – Local Government Lawyer

Posted October 25th, 2022 in care orders, children, deprivation of liberty safeguards, families, legal aid, legal representation, news by sally

‘There is a compelling case for parents involved in deprivation of liberty proceedings to be treated the same as respondents in care proceedings when it comes to the provision of legal aid, a Deputy High Court Judge has said.’

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Local Government Lawyer, 24th October 2022

Source: www.localgovernmentlawyer.co.uk

Northern Ireland Protocol Bill: Peers set to scrutinise it line-by-line – BBC News

Posted October 25th, 2022 in amendments, bills, brexit, news, Northern Ireland by sally

‘The Northern Ireland Protocol Bill moves to its next stage in the House of Lords on Tuesday.’

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BBC News, 25th October 2022

Source: www.bbc.co.uk

Women barristers closing pay gap a little in some areas of practice – Legal Futures

Posted October 25th, 2022 in barristers, news, remuneration, statistics, women by sally

‘Women barristers are closing the pay gap with their male colleagues in certain practice areas but it remains vast in the higher-earning areas of work, the Bar Council has found.’

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Legal Futures, 25th October 2022

Source: www.legalfutures.co.uk

Mother of tragic baby Andrew guilty of child cruelty – The Independent

Posted October 25th, 2022 in child cruelty, domestic violence, homicide, news by sally

‘A mother has been found guilty of cruelty towards her young son, who was killed by her boyfriend.’

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The Independent, 24th October 2022

Source: www.independent.co.uk

‘Enablers’ in spotlight as economic crime bill takes next step – Law Society’s Gazette

Posted October 25th, 2022 in bills, disciplinary procedures, financial advice, legal profession, news, reports, tax avoidance by sally

‘The role of “professional enablers” in white-collar crime is set to come under new scrutiny this week as the government’s Economic Crime and Transparency Bill enters its next parliamentary stage. Ministers are expected to come under pressure to accept amendments that would lower the threshold for the prosecution of individuals for corporate crimes and to create new “failure to prevent” offences.’

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Law Society's Gazette, 24th October 2022

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 25th, 2022 in legislation by sally

SI 2022/1079 – The Police and Crime Commissioner Elections (Designations etc.) (Amendment) Order 2022

SI 2022/1071 – The Sentencing Act 2020 (Serious Violence Reduction Orders: Retention and Disposal of Seized Items) Regulations 2022

SI 2022/1024 – The Pharmacy (Preparation and Dispensing Errors – Hospital and Other Pharmacy Services) Order 2022 (Commencement) Order of Council 2022

SI 2022/1023 – The Pharmacy (Responsible Pharmacists, Superintendent Pharmacists etc.) Order 2022 (Commencement) Order of Council 2022

Source: www.legislation.gov.uk

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

Posted October 25th, 2022 in bills, consultations, housing, landlord & tenant, news, repossession by sally

‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers developments to date.’

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House of Commons Library, 24th October 2022

Source: commonslibrary.parliament.uk

Rishi Sunak urged to scrap ‘undemocratic’ proposals to axe 2,400 laws – The Guardian

Posted October 25th, 2022 in bills, brexit, EC law, news, repeals by sally

‘Employers, trade unions, lawyers and environmentalists are calling on Rishi Sunak to scrap Jacob Rees-Mogg’s legislation that would sweep away 2,400 laws derived from the EU.’

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The Guardian, 24th October 2022

Source: www.theguardian.com

BAILII: Recent Decisions

Posted October 25th, 2022 in law reports by sally

High Court (Chancery Division)

Kelly-Lambo v Lambo [2022] EWHC 2672 (Ch) (21 October 2022)

Shuker v Inspecs Ltd (Rev1) [2022] EWHC 2668 (Ch) (21 October 2022)

Manolete Partners Plc v Coleman & Ors (Re David Coleman & Co Ltd) [2022] EWHC 2644 (Ch) (20 October 2022)

Malik v Henley Homes Plc [2022] EWHC 2611 (Ch) (20 October 2022)

Bank of London Group Ltd v Simmons & Simmons Llp [2022] EWHC 2617 (Ch) (20 October 2022)

High Court (Commercial Court)

National Iranian Oil Company v Crescent Petroleum Company International Ltd & Anor [2022] EWHC 2641 (Comm) (21 October 2022)

Ceto Shipping Corporation v Savory Shipping Inc [2022] EWHC 2636 (Comm) (21 October 2022)

High Court (Family Division)

E (A Child), Re [2022] EWHC 2650 (Fam) (19 October 2022)

High Court (King’s Bench Division)

Evans v R&V Allgemeine Verischerung AG [2022] EWHC 2688 (KB) (24 October 2022)

Muyepa v Ministry of Defence [2022] EWHC 2648 (KB) (21 October 2022)

Esso Petroleum Company Ltd v Breen & Ors [2022] EWHC 2664 (KB) (21 October 2022)

Atmani & Ors v Royal Borough of Kensington & Chelsea & Ors [2022] EWHC 2618 (KB) (19 October 2022)

Source: www.bailii.org

BAILII: Recent Decisions

Posted October 24th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Doran & Anor v County Rentals Ltd (t/a Hunters) [2022] EWCA Civ 1376 (24 October 2022)

Stampfer v Avon Ground Rents Ltd [2022] EWCA Civ 1375 (24 October 2022)

Rowe v London Borough of Haringey [2022] EWCA Civ 1370 (21 October 2022)

L3 v Secretary of State for the Home Department [2022] EWCA Civ 1357 (21 October 2022)

Al-Subaihi & Anor v Al-Sanea [2022] EWCA Civ 1349 (20 October 2022)

Court of Appeal (Criminal Division)

Surrey, R. V [2022] EWCA Crim 1379 (21 October 2022)

High Court (Administrative Court)

Rhieni Dros Addysg Gymraeg (Parents for Welsh-Medium Education), R (On the Application Of) v Neath Port Talbot County Borough Council [2022] EWHC 2674 (Admin) (24 October 2022)

TBG v A Chief Constable of Police [2022] EWHC 2665 (Admin) (21 October 2022)

Bickford-Smith, R (On the Application Of) v Secretary of State for Environment, Food and Rural Affairs [2022] EWHC 2622 (Admin) (20 October 2022)

Bernacki v The Regional Court In Slupsk, Poland [2022] EWHC 2630 (Admin) (19 October 2022)

Standard Life Assurance Ltd v Secretary of State for Levelling-Up, Housing And Communities & Ors[2022] EWHC 2632 (Admin) (19 October 2022)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 24th, 2022 in legislation by michael

SI 2022/1075 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 3) Regulations 2022

SI 2022/1073 – The Warm Home Discount (Scotland) Regulations 2022

SI 2022/1072 – The Air Navigation (Restriction of Flying) (Queen Elizabeth II Bridge, West Thurrock) (Emergency) (Revocation) Regulations 2022

SI 2022/1070 – The A47/A11 Thickthorn Junction Development Consent Order 2022

SI 2022/1068 – The Air Navigation (Restriction of Flying) (Queen Elizabeth II Bridge, West Thurrock) (Emergency) Regulations 2022

SI 2022/1067 – The Network Rail (Huddersfield to Westtown (Dewsbury) Improvements) Order 2022

SI 2022/1065 – The Air Navigation (Restriction of Flying) (Royal Air Force Coningsby) Regulations 2022

SI 2022/1060 – The Ministry of Defence Police (Committee) (Amendment) Regulations 2022

SI 2022/1059 – The Environment Agency (Upper Black Moss and Lower Black Moss Reservoirs) Drought Order 2022

SI 2022/1055 – The Double Taxation Relief and International Tax Enforcement (Luxembourg) Order 2022

SI 2022/1053  – The Hampshire and Isle of Wight Police Area (Consequential Amendments) Regulations 2022

Source: www.legislation.gov.uk

High Court judge approves unregistered placement for teenage girl with “nowhere else to go” – Local Government Lawyer

Posted October 24th, 2022 in care orders, children, families, family courts, hospitals, local government, mental health, news, placement orders, suicide by sally

‘A Family Division judge has directed that a teenage girl at risk of suicide should be moved from hospital to a placement even though the latter is unregistered and the provider could be at risk of legal action by Ofsted.’

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Local Government Lawyer, 21st October 2022

Source: www.localgovernmentlawyer.co.uk

Contracting out of fixed costs in low value personal injury claims – Guildhall Chambers

Posted October 24th, 2022 in accidents, appeals, chambers articles, civil procedure rules, costs, news, part 36 offers, personal injuries by sally

‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’

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Guildhall Chambers, 13th October 2022

Source: www.guildhallchambers.co.uk

Law Society has ‘duty’ to tell solicitors to shun underpaid work, says president – The Guardian

Posted October 24th, 2022 in barristers, criminal justice, fees, industrial action, Law Society, legal aid, news, solicitors by sally

‘The new president of the Law Society has said the association has a duty to tell solicitors in England and Wales to refuse criminal work if they are not paid properly for it, as they demand a 15% increase in legal aid fees to give them parity with barristers.’

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The Guardian, 23rd October 2022

Source: www.theguardian.com

Jail for pair who exploited 13-year-old drug mule – The Independent

Posted October 24th, 2022 in children, drug offences, drug trafficking, gangs, imprisonment, news, sentencing by sally

‘A “callous” couple who exploited a 13-year-old boy to run heroin and crack cocaine from London to Kent as part of a county lines drugs operation have been jailed for a total of 12 years.’

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The Independent, 24th October 2022

Source: www.independent.co.uk