BAILII: Recent Decisions

Posted September 28th, 2022 in law reports by michael

Court of Appeal (Civil Division)

London Borough of Islington v Bourous [2022] EWCA Civ 1242 (16 September 2022)

Court of Appeal (Criminal Division)

Wood, R. v [2022] EWCA Crim 1243 (20 September 2022)

Kadir v R. [2022] EWCA Crim 1244 (21 September 2022)

High Court (Administrative Court)

Noble & Anor, R (On the Application Of) v Cornwall Council [2022] EWHC 2402 (Admin) (28 September 2022)

Director of Public Prosecutions, R (On the Application Of) v Crown Court at Bristol & Anor [2022] EWHC 2415 (Admin) (28 September 2022)

Timson, R (On the Application Of) v Secretary 0f State for Work and Pensions [2022] EWHC 2392 (Admin) (23 September 2022)

ALO & Ors, R. (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 2380 (Admin) (22 September 2022)

Director of Public Prosecutions, R (On the Application Of) v Crown Court at Bristol & Anor [2022] EWHC 2347 (Admin) (16 September 2022)

High Court (Chancery Division)

Astora Women’s Health LLC, Re [2022] EWHC 2412 (Ch) (27 September 2022)

Antonio v Williams & Anor [2022] EWHC 2383 (Ch) (22 September 2022)

AU Vodka Ltd v NE10 Vodka Ltd & Anor [2022] EWHC 2371 (Ch) (21 September 2022)

McKinney Plant & Safety Ltd v Construction Industry Training Board [2022] EWHC 2361 (Ch) (20 September 2022)

High Court (Commercial Court)

Virgin Aviation TM Ltd & Anor v Alaska Airlines, Inc [2022] EWHC 2391 (Comm) (26 September 2022)

Moss & Ors v Martin & Anor [2022] EWHC 2385 (Comm) (22 September 2022)

S&B Consultancy Services Ltd v Bourn & Anors [2022] EWHC 2359 (Comm) (20 September 2022)

High Court (Technology and Construction Court)

Solutions 4 North Tyneside Ltd v Galliford Try Building 2014 Ltd [2022] EWHC 2372 (TCC) (21 September 2022)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 28th, 2022 in legislation by michael

SI 2022/995 – The Criminal Legal Aid (Standard Crime Contract) (Amendment) Regulations 2022

SI 2022/992 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 29) Order 2022

SI 2022/991 – The National Health Service Pension Schemes (Member Contributions etc.) (Amendment) (No. 2) Regulations 2022

SI 2022/990 – The Social Security (Habitual Residence and Past Presence) (Amendment) (No. 2) Regulations 2022

SI 2022/988 – The Environment Act 2021 (Commencement No. 4) Regulations 2022

SI 2022/985 – The Charities (Royal Holloway and Bedford New College) Order 2022

SI 2022/984 – The Building etc. (Amendment) (England) (No. 2) Regulations 2022

SI 2022/983 – The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022

SI 2022/982 – The Response to the Committee on Climate Change Report (Extension of Period) Order 2022

SI 2022/981 – The Customs (Tariff and Reliefs) (Amendment) (No. 2) Regulations 2022

SI 2022/980 – The Customs (Tariff Quotas) (EU Exit) (Amendment) Regulations 2022

SI 2022/979 – The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2022

SI 2022/978 – The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2022

SI 2022/977 – The Football Spectators (2022 World Cup Control Period) Order 2022

SI 2022/976 – The Electricity (Individual Exemption from the Requirement for a Transmission Licence) (Triton Knoll) (England) Order 2022

SI 2022/975 – The School Admission Appeals Code (Appointed Day) (England) Order 2022

SI 2022/973 – The Designation of Freeport Tax Sites (Solent Freeport) (No. 2) Regulations 2022

SI 2022/972 – The Designation of Freeport Tax Sites (Plymouth and South Devon Freeport) (No. 2) Regulations 2022

SI 2022/968 – The Norfolk Boreas Offshore Wind Farm (Amendment) Order 2022

SI 2022/967 – The Wolverhampton (Electoral Changes) Order 2022

SI 2022/966 – The Stockton-on-Tees (Electoral Changes) Order 2022

SI 2022/965 – The Skills and Post-16 Education Act 2022 (Commencement No. 1 and Transitional Provision) (England) Regulations 2022

SI 2022/964 – The Bolton (Electoral Changes) Order 2022

SI 2022/956 – The Power to Award Degrees etc. (Blackpool and The Fylde College) Order of Council 2016 (Amendment) Order 2022

Source: www.legislation.gov.uk

A History Of HIV And Human Rights In The UK – Each Other

Posted September 28th, 2022 in AIDS, equality, health, HIV, homosexuality, human rights, news, sexual orientation discrimination by sally

‘Human Immunodeficiency Virus (HIV) is a virus that affects and weakens the immune system. It was first identified in the 1980s, despite it having existed for decades by then. Over the past 40 years, UK society has seen significant developments for those living with HIV. In this timeline, we take a look back over those developments and how they relate to human rights.’

Full Story

Each Other, 25th September 2022

Source: eachother.org.uk

BSB plans “statement of good practice” for chambers – Legal Futures

Posted September 28th, 2022 in barristers, codes of practice, news by sally

‘The Bar Standards Board (BSB) is planning a “statement of consolidated good practice” for chambers, which not only sets out the minimum regulatory requirements but how to go “above and beyond” them.’

Full Story

Legal Futures, 28th September 2022

Source: www.legalfutures.co.uk

Home Office to reopen immigration detention centres with £399m deal – The Guardian

Posted September 28th, 2022 in asylum, detention, government departments, immigration, news by sally

‘The Home Office plans to open two immigration detention centres to detain 1,000 male asylum seekers in a scheme which is projected to cost £399m.’

Full Story

The Guardian, 26th September 2022

Source: www.theguardian.com

Psychology or pseudoscience? Parental alienation and the role of the psychologist, with Richard Ager and Clare Ciborowska – Law Pod UK

Posted September 28th, 2022 in children, families, family courts, news, podcasts by sally

‘Jim Duffy speaks to Richard Ager and Clare Ciborowska, of 1 Crown Office Row in Brighton. They discuss how the family court deals with allegations of “alienating behaviour” by one parent against another and examines the part psychologists play in that process.’

Full Story

Law Pod UK, 26th September 2022

Source: audioboom.com

Judges unlawfully releasing defendants, court hears – BBC News

Posted September 28th, 2022 in bail, barristers, criminal justice, Crown Court, custody, delay, fees, industrial action, judges, Ministry of Justice, news by sally

‘Crown Court judges have been releasing potentially dangerous criminals unlawfully because of delays linked to the criminal barristers’ strike, the High Court has heard.’

Full Story

BBC News, 27th September 2022

Source: www.bbc.co.uk

SRA fines firm with “failing” anti-money laundering controls – Legal Futures

Posted September 28th, 2022 in fines, law firms, money laundering, news, solicitors, Solicitors Regulation Authority by sally

‘A law firm with a “failing” anti-money laundering (AML) control environment, leading to multiple rule breaches, has been fined £2,000 by the Solicitors Regulation Authority (SRA).’

Full Story

Legal Futures, 27th September 2022

Source: www.legalfutures.co.uk

Crown court roll-out of pre-recorded evidence in England and Wales complete – BBC News

Posted September 27th, 2022 in Crown Court, evidence, news, rape, trafficking in human beings, victims, video recordings by sally

‘The use of pre-recorded evidence from victims and witnesses of crimes such as rape has been rolled out across all crown courts in England and Wales.’

Full Story

BBC News, 26th September 2022

Source: www.bbc.co.uk

Home Office U-turn over deportation of Albanian asylum seekers – The Guardian

Posted September 27th, 2022 in deportation, government departments, immigration, news by sally

‘The Home Office has conceded that it does not have the right to fast-track the deportation of Albanian asylum seekers after their arrival in the UK, in an abrupt policy U-turn.’

Full Story

The Guardian, 26th September 2022

Source: www.theguardian.com

Law Society and Bar Council oppose economic crime reforms – Legal Futures

Posted September 27th, 2022 in barristers, disciplinary procedures, fines, fraud, money laundering, news, solicitors by sally

‘The Law Society and Bar Council have expressed concern about new economic crime provisions put forward by the government that target the legal profession.’

Full Story

Legal Futures, 27th September 2022

Source: www.legalfutures.co.uk

TikTok may be fined £27m for failing to protect children – BBC News

Posted September 27th, 2022 in fines, internet, news, privacy, video recordings by sally

‘TikTok could face a £27m fine for failing to protect children’s privacy when they’re using the platform.’

Full Story

BBC News, 26th September 2022

Source: www.bbc.co.uk

Judges wrong to state views about barristers’ strike, high court told – The Guardian

Posted September 27th, 2022 in barristers, criminal justice, industrial action, judiciary, news, remand by sally

‘Judges acted wrongly when expressing views on the criminal barristers’ strike as they refused to keep defendants behind bars in cases delayed by the ongoing pay dispute, the high court has heard.’

Full Story

The Guardian, 26th September 2022

Source: www.theguardian.com

Borough council prosecution secures £200k fine after metal object found in Krispy Kreme doughnut – Local Government Lawyer

Posted September 27th, 2022 in fines, food hygiene, health & safety, local government, news, prosecutions by sally

‘Melton Borough Council has prosecuted Krispy Kreme UK for three offences of food hygiene and safety after a sharp piece of metal was found in a doughnut.’

Full Story

Local Government Lawyer, 26th September 2022

Source: www.localgovernmentlawyer.co.uk

Coercive control: The women killed by abusive partners – BBC News

Posted September 27th, 2022 in coercive & controlling behaviour, domestic violence, health, homicide, news, police, reports, social services, women by sally

‘A new study, seen exclusively by BBC News, reveals the extent of coercive and controlling behaviour in cases where victims are killed by their current or ex-partners. Experts say organisations, including the police, NHS and social services, need to better understand the problem and intervene in abusive relationships earlier.’

Full Story

BBC News, 27th September 2022

Source: www.bbc.co.uk

King’s Bench Division Guide 2022 – Judiciary of England and Wales

Posted September 26th, 2022 in codes of practice, courts, judiciary, news by sally

‘The King’s Bench Division Guide 2022 has been published, replacing the Queen’s Bench Division 2022 version.’

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Judiciary of England and Wales, 15th September 2022

Source: www.judiciary.uk

Top human rights barrister highlights Chinese cyber-attacks on her and others – Legal Futures

Posted September 26th, 2022 in barristers, China, computer crime, electronic mail, fraud, human rights, internet, misrepresentation, news, telecommunications by sally

‘One of the country’s leading human rights barristers has complained about Twitter accounts and emails purporting to be from her and other human rights defenders that spring up when they criticise China.’

Full Story

Legal Futures, 26th September 2022

Source: www.legalfutures.co.uk

Court of Appeal to hear child’s ‘failure to remove’ claim under the Human Rights Act – Local Government Lawyer

Posted September 26th, 2022 in appeals, care orders, child abuse, child neglect, children, families, human rights, local government, news by sally

‘The Court of Appeal has agreed to hear an appeal of a claim that Worcestershire County Council and Birmingham City Council both failed to remove a boy (AB) from the care of his mother.’

Full Story

Local Government Lawyer, 23rd September 2022

Source: www.localgovernmentlawyer.co.uk

CPS brings case against judges bailing defendants – BBC News

Posted September 26th, 2022 in bail, barristers, criminal justice, Crown Prosecution Service, custody, delay, fees, industrial action, judges, Ministry of Justice, news, trials by sally

‘The director of public prosecutions is bringing a High Court challenge against judges’ refusal to detain defendants for longer ahead of trial amid record-high backlogs and legal strikes.’

Full Story

BBC News, 26th September 2022

Source: www.bbc.co.uk

Breach during procurement “not sufficiently serious to justify an award of Francovich damages”, High Court judge rules – Local Government Lawyer

Posted September 23rd, 2022 in damages, hospitals, local government, news, public procurement by sally

‘An error in the award of an NHS orthodontic contract was not serious enough to entitle the loser to Francovich damages, the High Court has found.’

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Local Government Lawyer, 22nd September 2022

Source: www.localgovernmentlawyer.co.uk