HIV: How 175 British children were infected with disease – BBC News

Posted October 6th, 2022 in blood products, children, families, HIV, inquiries, news by sally

‘At least 175 children with the blood disorder haemophilia were infected with HIV in the 1980s, according to documents from the national archives seen by BBC News. Some of the families affected are giving evidence at a public inquiry into what has been called the worst treatment disaster in the history of the NHS.’

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BBC News, 6th October 2022

Source: www.bbc.co.uk

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention – UK Constitutional Law Association

‘Section 29(1) of the 1998 Act provides that an Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. A provision is outside that competence so far as it “relates to reserved matters” (s.29(2)(b)), and whether or not it relates to a reserved matter is to be determined by “reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances” (s.29(3)).’

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UK Constitutional Law Association, 4th October 2022

Source: ukconstitutionallaw.org

Woman to sue CPS after rape case dropped over sexsomnia claims – The Guardian

Posted October 6th, 2022 in consent, Crown Prosecution Service, news, prosecutions, rape, sleepwalking by sally

‘A woman is suing the Crown Prosecution Service after it admitted her rape case should not have been dropped because of claims she had an episode of a rare sleep condition called sexsomnia.’

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The Guardian, 5th October 2022

Source: www.theguardian.com

New Judgment: BTI 2014 LLC v Sequana SA and others [2022] UKSC 25 – UKSC Blog

‘This appeal raised questions of considerable importance for company law. It provides the first opportunity for the Supreme Court to consider the existence, content and engagement of the so-called “creditor duty”: the alleged duty of company directors to consider, or to act in accordance with, the interests of the company’s creditors when the company becomes insolvent, or when it approaches, or is at real risk of, insolvency.’

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UKSC Blog, 5th October 2022

Source: ukscblog.com

Master of rolls questions ‘impenetrable’ client documents – Law Society’s Gazette

Posted October 6th, 2022 in agreements, fees, legal language, news, personal injuries, solicitors by sally

‘The ability of lay clients to understand the Law Society’s model conditional fee agreement was questioned by three of the most senior judges in England and Wales yesterday in a much-awaited Court of Appeal hearing.’

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Law Society's Gazette, 5th October 2022

Source: www.lawgazette.co.uk

Government control over the flow of information: Lord Sumption on the Online Safety Bill – Law Pod UK

Posted October 6th, 2022 in bills, inquests, internet, news, podcasts, suicide, young persons by sally

‘”Government control over the flow of information”: Lord Sumption speaks out against the threat to freedom of speech posed by the Online Safety Bill.’

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Law Pod UK, 6th October 2022

Source: audioboom.com

Heysham explosion: Man jailed for killing boy, 2, in gas blast – BBC News

Posted October 6th, 2022 in criminal damage, guilty pleas, homicide, news, sentencing, theft by sally

‘A man who cut a gas pipe to sell for scrap, causing a blast in which a two-year-old boy died, has been jailed.’

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BBC News, 5th October 2022

Source: www.bbc.co.uk

Rise of plea-bargaining coerces young defendants into guilty pleas, says report – The Guardian

Posted October 6th, 2022 in guilty pleas, news, plea bargaining, reports, young offenders by sally

‘Young prisoners in England and Wales are being rushed into guilty pleas under US-style bargaining arrangements, with some defendants said to be given just 30 minutes to decide, it is claimed.’

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The Guardian, 6th October 2022

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 5th, 2022 in legislation by sally

SI 2022/1014 – The Public Service Pensions and Judicial Offices (Commencement No. 1 and Transitional and Saving Provision) Regulations 2022

SI 2022/1013 – The Approved Premises (Substance Testing) Act 2022 (Commencement) Regulations 2022

SI 2022/1020 – The Pests of Plants (Authorisations) (Amendment) Regulations 2022

SI 2022/1018 – The Social Security (Scotland) Act 2018 (Winter Heating Assistance) (Consequential Modifications) Order 2022

SI 2022/1011 – The Social Security Additional Payments (Second Qualifying Day) Regulations 2022

SI 2022/1019 – The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 5th, 2022 in law reports by sally

Court of Appeal (Civil Division)

Business Mortgage Finance 4 PLC & Ors v Hussain [2022] EWCA Civ 1264 (04 October 2022)

Dune Group Ltd & Ors v Visa Europe Ltd & Ors [2022] EWCA Civ 1278 (04 October 2022)

Court of Appeal (Criminal Division)

AYO & Ors, R. v [2022] EWCA Crim 1271 (30 September 2022)

High Court (Administrative Court)

Gregory Park Holding Ltd v Hart District Council [2022] EWHC 2406 (Admin) (03 October 2022)

High Court (Chancery Division)

Sharpe v Dyson & Anor [2022] EWHC 2462 (Ch) (04 October 2022)

Hawken v Jelbert & Anor [2022] EWHC 2472 (Ch) (03 October 2022)

Ventures Food Ltd v Little Dessert Shop Limted [2022] EWHC 2437 (Ch) (30 September 2022)

Plymouth City Council v ABC [2022] EWHC 2426 (Ch) (30 September 2022)

High Court (Family Division)

Guy’s And St Thomas’ NHS Foundation Trust v A & Ors [2022] EWHC 2422 (Fam) (28 September 2022)

Lancashire County Council v PX & Ors [2022] EWHC 2379 (Fam) (21 September 2022)

High Court (Patents Court)

Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2022] EWHC 2363 (Pat) (27 September 2022)

High Court (King’s Bench Division)

Schoultz v Ball & Ors [2022] EWHC 2452 (KB) (03 October 2022)

Piepenbrock v London School of Economics and Political Science & Ors [2022] EWHC 2421 (KB) (30 September 2022)

Juj v John Lewis Partnership PLC [2022] EWHC 2418 (KB) (30 September 2022)

Wokingham Borough Council v Arshad [2022] EWHC 2419 (KB) (29 September 2022)

Charles Street Securities Europe LLP, R (On the Application Of) v The Financial Ombudsman Service [2022] EWHC 2401 (KB) (26 September 2022)

High Speed Two (HS2) Ltd & Anor v Persons Unknown & Ors [2022] EWHC 2364 (KB) (23 September 2022)

Ralph v Given [2022] EWHC 2395 (KB) (23 September 2022)

108 Medical Ltd v Millar [2022] EWHC 2303 (KB) (21 September 2022)

High Speed Two (HS2) Ltd & Anor v Four Categories of Persons Unknown & Ors [2022] EWHC 2360 (KB) (20 September 2022)

High Court (Technology and Construction Court)
Goldberg London Ltd v Primelodge Developments Ltd [2022] EWHC 2430 (TCC) (03 October 2022)

Source: www.bailii.org

Dealing with workplace investigations and employee suspensions – Kingsley Napley Insights Blog

‘Whenever a company or organisation is carrying out an investigation, usually one of the first questions to consider is whether any of the employees involved should be suspended.’

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Kingsley Napley Insights Blog, 4th October 2022

Source: www.kingsleynapley.co.uk

‘Claims I had sexsomnia destroyed my rape case’ – BBC News

‘Jade McCrossen-Nethercott’s rape case was dropped by the Crown Prosecution Service (CPS) because of claims she had an episode of a rare sleep condition called “sexsomnia”. As a result, the CPS no longer believed they could secure a conviction. But Jade challenged the decision and spent months reinvestigating.’

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BBC News, 5th October 2022

Source: www.bbc.co.uk

‘Wagatha Christie’ trial: Vardy ordered to pay up to £1.5m of Rooney’s legal fees – The Guardian

Posted October 5th, 2022 in costs, defamation, evidence, media, news, sport by sally

‘Rebekah Vardy will have to pay up to £1.5m to Coleen Rooney in legal fees after losing yet another stage in the “Wagatha Christie” libel trial.’

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The Guardian, October 2022

Source: www.theguardian.com

Court of Appeal concludes in AG referral of jury acquittal of Colston 4 that ECHR rights were not engaged where damage to property was criminal – UK Human Rights Blog

‘Four defendants were acquitted by a jury in Bristol Crown Court following their trial for allegations of criminal damage on 7 June 2020 to a statue of the English merchant Edward Colston (1636-1721). The story has been widely covered elsewhere so I will limit this post to a discussion of the reference itself.’

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UK Human Rights Blog, 4th October 2022

Source: ukhumanrightsblog.com

Electronic disclosure in England and Wales – OUT-LAW.com

Posted October 5th, 2022 in disclosure, electronic mail, news, telecommunications by sally

‘Electronically stored information (ESI) is crucial to resolving your disputes and complying with your disclosure obligations.’

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OUT-LAW.com, 4th October 2022

Source: www.pinsentmasons.com

Man admits killing woman and three children in Derbyshire – The Guardian

Posted October 5th, 2022 in child abuse, children, families, homicide, murder, news, rape, sexual offences by sally

‘A man has admitted the manslaughter of a mother and three children, but pleaded not guilty to their murders and denied raping one of the child victims.’

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The Guardian, 4th October 2022

Source: www.theguardian.com

Van driver avoids jail for punching cyclist unconscious – BBC News

Posted October 5th, 2022 in assault, compensation, dangerous driving, news, sentencing, suspended sentences by sally

‘A van driver who knocked a cyclist unconscious in a road rage attack has been spared jail.’

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BBC News, 4th October 2022

Source: www.bbc.co.uk

Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference – UK Constitutional Law Association

‘On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC will accept the reference, we argue that it should rule that the Scottish Parliament has no legal power to pass legislation facilitating an independence referendum without a section 30 Order. However, we propose that this does not prevent the UKSC from attempting to break the deadlock by declaring that the UK Government is acting unconstitutionally in a political sense if it does not make a section 30 Order. Of course, there is no guarantee that a section 30 Order would be issued – we consider alternative pathways to an Indyref 2, including possible invocations of constituent power, in a forthcoming article – but we argue that this would be a constitutionally proper and desirable approach for the UKSC to take.’

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UK Constitutional Law Association, 3rd October 2022

Source: ukconstitutionallaw.org

‘Repellent and appalling’ sex offender jailed for groping teen girl on train – The Independent

‘A “dangerous” sex offender with more than 90 criminal convictions has been jailed for groping a teenage girl on a train.’

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The Independent, 3rd October 2022

Source: www.independent.co.uk

Drivers could be fined £1,000 for letting ambulance pass – how to avoid it – The Independent

Posted October 4th, 2022 in emergency services, fines, news, road traffic offences by sally

‘Drivers are being warned they face a £1,000 fine if they break the Highway Code when allowing an ambulance to pass them on the road.’

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The Independent, 4th October 2022

Source: www.independent.co.uk