Non-fatal strangulation: Spalding man jailed for 34 months – BBC News
‘A man who admitted throttling a woman he met on a dating site has become one of the first people in the country to be jailed under a new law.’
Public Sexual Harassment Could Become A Criminal Offence – Each Other
‘A consultation has been launched which could determine whether public sexual harassment could become a criminal offence in the UK.’
Each Other, 23rd August 2022
Source: eachother.org.uk
Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment – EIN Blog
‘Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining effective immigration control by removing a foreign national to their country of origin.’
EIN Blog, 23rd August 2022
Source: www.ein.org.uk
Man, 31, murdered teenager in Wales after she rejected his advances – The Guardian
‘A 31-year-old man murdered an 18-year-old woman to silence her after she rejected his sexual advances and left her partially naked body in a town millpond, a judge has ruled.’
The Guardian, 23rd August 2022
Source: www.theguardian.com
Yordanos Brhane: ‘Obsessed’ killer jailed for Birmingham stabbing – BBC News
‘A man has been jailed for at least 21 years after admitting the murder of a teenager who had refused his advances.’
BBC News, 23rd August 2022
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Nonea v Judecatoria Oradea Romania [2022] EWHC 2217 (Admin) (23 August 2022)
High Court (Chancery Division)
Cropper v Dimberlaine & Ors [2022] EWHC 2202 (Ch) (22 August 2022)
Chandler v Wright & Ors [2022] EWHC 2205 (Ch) (19 August 2022)
High Court (Queen’s Bench Division)
Lonsdale & Ors v Wedlake Bell Llp & Ors [2022] EWHC 2169 (QB) (19 August 2022)
High Court (Technology and Construction Court)
Ray v Windrush Riverside Properties Ltd [2022] EWHC 2210 (TCC) (23 August 2022)
Source: www.bailii.org
Local authority age assessments considered in R (HAM) v Brent LBC – UK Human Rights Blog
‘This decision, handed down by Swift J in the High Court, concerns the requirements for fairness in local authority age assessments for asylum seekers and the correct approach to be adopted.’
UK Human Rights Blog, 22nd August 2022
Source: ukhumanrightsblog.com
Cardiff burglar who raped mum and teenage daughter jailed for life – BBC News
‘A burglar who broke into a house and repeatedly raped a mother and her teenager daughter in an “horrific” attack has been handed a life sentence.’
BBC News, 22nd August 2022
Source: www.bbc.co.uk
Will Plans To End ‘No Fault’ Evictions Make A Difference? – Each Other
‘New measures outlined by the government will ban private landlords from issuing “no fault” evictions. The latest government statistics show that the number of tenants evicted by their landlords has more than tripled since this time last year. The homeless charity, Crisis has said “no fault” evictions where landlords do not have to establish a fault on the part of the person renting their property, have risen by 52% in the last three months.’
Each Other, 22nd August 2022
Source: eachother.org.uk
Knife crime: Ex-police chief says higher sentences alone will not work – BBC News
‘Ex-chief constable Sir Peter Fahy told Sky News the “main issue” was a court backlog caused by Covid-19, and this had led to a higher reoffending risk.’
BBC News, 23rd August 2022
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Barclay-Watt & Ors v Alpha Panareti Public Ltd & Anor [2022] EWCA Civ 1169 (19 August 2022)
X (Children) [2022] EWCA Civ 1167 (19 August 2022)
High Court (Administrative Court)
High Court (Chancery Division)
ONS Ultimate Holdings Ltd & Ors v Nair & Anor [2022] EWHC 2200 (Ch) (19 August 2022)
Revive A Phone Ltd v WeFix [2022] EWHC 2195 (Ch) (19 August 2022)
High Court (Queen’s Bench Division)
Al-Masarir v Kingdom of Saudi Arabia [2022] EWHC 2199 (QB) (19 August 2022)
MXX v A Secondary School [2022] EWHC 2207 (QB) (19 August 2022)
High Court (Technology and Construction Court)
Liberty Homes (Kent) Ltd v Rajakanthan & Ors [2022] EWHC 2201 (TCC) (19 August 2022)
Source: www.bailii.org
Poorly drafted long residence rules lead to avoidable litigation – EIN Blog
‘R (Iyieke) v Secretary of State for the Home Department [2022] EWCA Civ 1147 (11 August 2022). The Court of Appeal has held that Mr Victormills Onyekachi Iyieke, who had applied for indefinite leave to remain (“ILR”) on the ground of 10 years’ continuous lawful residence in the UK and who had a period of overstaying in 2014 “book-ended” by periods of leave was not able to rely on paragraph 276B(v) of the Immigration Rules. It is notable that current overstaying and previous overstaying between periods of leave are referred to as “open-ended” and “book-ended” overstaying. Furthermore, the Court of Appeal observed that under paragraph 276B(v) a period of overstaying between periods of leave was disregarded where the previous application was made before 24 November 2016 and within 28 days of the expiry of leave. Mr Iyieke had made an application within 28 days of the expiry of his leave in 2014—that was unsuccessful and he was later granted temporary admission on other grounds. In paragraph 276B(v), “the previous application” could not refer to any unsuccessful application made in a period of book-ended leave before 24 November 2016. The reference was to “the” previous application and not “a” previous application and “the” previous application had to have resulted in a period of leave. Mr Iyieke had a post-study work visa which expired on 9 August 2014. He applied for leave to remain on 2 September 2014, which was within 24 days of the expiry of his post-study work visa.’
EIN Blog, 18th August 2022
Source: www.ein.org.uk
Homelessness – suitability and distance to school – Nearly Legal
‘The Queen on the Application of Fokou v London Borough of Southwark (2022) EWHC 1452 (Admin) (not on Bailii, judgment on Westlaw). This was an application for interim relief in judicial review proceedings regarding suitability of accommodation and alleging breach of the Children Act 2004 s.11(2) duty to discharge the Council’s functions in such a way as to safeguard and promote the welfare of children.’
Nearly Legal, 21st August 2022
Source: nearlylegal.co.uk
Bullale again – settled accommodation and intentional homelessness – Nearly Legal
‘Following the the Court of Appeal judgment in Bullale v City of Westminster Council (2020) EWCA Civ 1587 (our note) quashing Westminster’s review decision, Westminster had another go at a review decision as to whether Ms Bullale was intentionally homeless or not. In fact they had a further two goes. The second review decision went against Ms B, but the following s.204 appeal was compromised and a fresh, third, review decision undertaken. That also went against Ms B, and this is the resulting s.204 appeal judgment.’
Nearly Legal, 21st August 2022
Source: nearlylegal.co.uk
Football clubs warned over tax risk from dual-role agents – OUT-LAW.com
‘Football clubs in the UK have been warned that they may be underpaying tax owed in respect of player contracts in cases where agents have represented both them and the player in the contract negotiations.’
OUT-LAW.com, 19th August 2022
Source: www.pinsentmasons.com
Permanent exclusion decisions and disability discrimination claims – Local Government Lawyer
‘The First-tier Tribunal (SEND) has no power to stay a permanent exclusion decision pending the final hearing of a disability discrimination claim, the Upper Tribunal confirmed. Katherine Anderson analyses the judgment.’
Local Government Lawyer. 19th August 2022
Source: www.localgovernmentlawyer.co.uk
Read, check, repeat: the key to avoiding procurement errors – Local Government Lawyer
‘Juli Lau and Gonzalo Puertas outline their key takeaways on a procurement judgment from the Technology and Construction Court.’
Local Government Lawyer. 19th August 2022
Source: www.localgovernmentlawyer.co.uk
