Councillor wins £30k damages after BBC misidentified her as politician accused of housing fraud – Local Government Lawyer

Posted June 20th, 2022 in BBC, damages, defamation, fraud, housing, news, political parties by sally

‘A Westminster councillor has received damages in a libel case against the BBC after the news organisation misidentified her as another BAME politician who had been accused of housing fraud.’

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Local Government Lawyer, 17th June 2022

Source: www.localgovernmentlawyer.co.uk

Divisional Court rejects bid by major retailer to have knife sale case thrown out as abuse of process – Local Government Lawyer

‘Retailer Argos has failed in a bid to have proceedings brought against it by London Borough of Barking & Dagenham stayed as an abuse of the process of the court.’

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Local Government Lawyer, 16th June 2022

Source: www.localgovernmentlawyer.co.uk

New data reveals decline in access to justice – The Bar Council

Posted June 20th, 2022 in barristers, courts, legal aid, news, statistics by sally

‘The Bar Council is calling for more funding for the justice system, as it launches a new, live, interactive map of key national and regional data on access to justice across England and Wales.’

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The Bar Council, 20th June 2022

Source: www.barcouncil.org.uk

Criminal legal aid fees will increase ‘by end of September’ – Law Society’s Gazette

‘The government has revealed that it hopes to lay secondary legislation shortly that would see criminal legal aid fees increase by the end of September.’

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Law Society's Gazette, 17th June 2022

Source: www.lawgazette.co.uk

Fugitive jailed for threatening woman with axe before stealing £25k Rolex – The Independent

‘A fugitive who threatened a woman with an axe and stole her £25,000 watch before fleeing to Spain has been jailed for 10 years.’

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The Independent, 19th June 2022

Source: www.independent.co.uk

British Army veteran ‘living in fear’ as he fights deportation threat after 20 years living in UK – The Independent

‘ British Army veteran who has spent more than 20 years living in the UK is “living in fear each and every second” due to the threat of deportation to Zimbabwe.’

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The Independent, 20th June 2022

Source: www.independent.co.uk

GPS tagging of migrants appears to contradict Home Office guidance – The Guardian

‘The Home Office appears to have contradicted its own guidance on GPS tagging, which prioritised “very high harm offenders”, after it announced the devices would be used on asylum seekers arriving in the UK.’

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The Guardian, 19th June 2022

Source: www.theguardian.com

Government retracts ‘unlawful’ pollution guidance for England’s farms – The Guardian

‘Guidance that would have allowed farmers to spread manures and slurry on land in a way that would overload it with nutrients and risk pollution of rivers, lakes and coastal waters has been changed by Defra, after a challenge over its lawfulness.’

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The Guardian , 20th June 2022

Source: www.theguardian.com

Archie Battersbee: Family of boy ruled dead seeks appeal – BBC News

Posted June 20th, 2022 in accidents, appeals, children, doctors, families, hospitals, medical treatment, news by sally

‘The mother of a 12-year-old boy in a coma said she has told him they face “the biggest battle of our lives” as they seek to appeal against a ruling his life support treatment should stop.’

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BBC News, 20th June 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 17th, 2022 in legislation by sally

SI 2022/660 – The Passport (Fees) Regulations 2022

SI 2022/649 – The Traffic Management Act 2004 (Commencement No. 11) (England) Order 2022

SI 2022/674 – The Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2022

SI 2022/669 – The Freedom of Information (Additional Public Authorities) Order 2022

SI 2022/662 – The School Admissions (England) (Coronavirus) (Appeals Arrangements) (Amendment) Regulations 2022

SI 2022/659 – The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022

SI 2022/680 – The Police, Crime, Sentencing and Courts Act 2022 (Commencement No. 1 and Transitional Provision) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 17th, 2022 in law reports by sally

Supreme Court

H-W (Children) and In the matter of H-W (Children) (No 2) [2022] UKSC 17 (15 June 2022)

AIC Ltd v Federal Airports Authority of Nigeria [2022] UKSC 16 (15 June 2022)

SC (Jamaica) v Secretary of State for the Home Department [2022] UKSC 15 (15 June 2022)

Court of Appeal (Civil Division)

Antonio v Secretary of State for the Home Department [2022] EWCA Civ 809 (16 June 2022)

Court of Appeal (Criminal Division)

Johnson v Regina [2022] EWCA Crim 790 (14 June 2022)

High Court (Administrative Court)

Merticariu v Judecatoria Arad, Romania [2022] EWHC 1507 (Admin) (17 June 2022)

Liquid Leisure Ltd, R (On the Application Of) v Royal Borough of Windsor and Maidenhead [2022] EWHC 1493 (Admin) (16 June 2022)

High Court (Chancery Division)

Wormleighton v Hammersley & Anor (Re Paragon Offshore PLC) [2022] EWHC 1498 (Ch) (16 June 2022)

Banca Generali SPA v CFE (Suisse) SA & Anor [2022] EWHC 1450 (Ch) (15 June 2022)

Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1416 (Ch) (15 June 2022)

Hannam v RPA Systems Ltd & Anor [2022] EWHC 1354 (Ch) (15 June 2022)

Official Receiver v Obaigbena [2022] EWHC 1399 (Ch) (14 June 2022)

Pretoria Energy Company (Chittering) Ltd v Blankney Estates Ltd [2022] EWHC 1467 (Ch) (14 June 2022)

JSC Commercial Bank Privatbank v Kolomoisky & Ors [2022] EWHC 1445 (Ch) (14 June 2022)

High Court (Commercial Court)

Richards & Anor v Speechly Bircham Llp & Anor (Consequential Matters) [2022] EWHC 1512 (Comm) (16 June 2022)

Umbrella Legal Solicitors Ltd v Affirm Legal Ltd [2022] EWHC 1510 (Comm) (16 June 2022)

Henry Williams Ltd v Cotton & Ors [2022] EWHC 1509 (Comm) (16 June 2022)

High Court (Family Division)

B (Children: Care Proceedings: Jurisdiction: Transfer of Proceedings) [2022] EWHC 1494 (Fam) (15 June 2022)

High Court (Queen’s Bench Division)

Samrai & Ors v Kalia [2022] EWHC 1424 (QB) (16 June 2022)

Banks v Blount [2022] EWHC 1491 (QB) (15 June 2022)

Brem v Murray & Anor [2022] EWHC 1479 (QB) (15 June 2022)

High Court (Technology and Construction Court)

Orchard Plaza Management Company Ltd v Balfour Beatty Regional Construction Ltd [2022] EWHC 1490 (TCC) (16 June 2022)

FTH Ltd v Varis Developments Ltd [2022] EWHC 1385 (TCC) (08 June 2022)

Essential Living (Greenwich) Ltd v Elements (Europe) Ltd [2022] EWHC 1400 (TCC) (08 June 2022)

Source: www.bailii.org

The obligation to pay a notified sum where the contractor is insolvent – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, enforcement, insolvency, news by sally

‘The general rule created by section 111 of the Construction Act 1996 is well known: in the absence of a pay less notice, the notified sum is to be paid without set-off or deduction. Although this is capable of causing problems for an employer in the short term, any overpayments can usually be corrected in future payment cycles (whether interim or final) or by a true value adjudication (following S&T (UK) Ltd v Grove Developments Ltd).’

Full Story

Practical Law: Construction Blog, 15th June 2022

Source: constructionblog.practicallaw.com

Tort claims for economic loss on construction projects – Avantage v WSP – Practical Law: Construction Blog

Posted June 17th, 2022 in construction industry, duty of care, negligence, news by sally

‘Construction claims usually arise out of a breach of contract, because it is easier to establish liability than under a tortious claim. However, where there is no contract or the contractual limitation period has expired, or a contracting party is insolvent or is uninsured, parties may have no choice but to bring a claim in tort.’

Full Story

Practical Law: Construction Blog , 14th June 2022

Source: constructionblog.practicallaw.com

New pilots to boost support for rape victims in court – Ministry of Justice

‘Rape victims will receive enhanced support at 3 Crown Courts under a new pilot scheme launched by the government today (16 June 2022) as part of efforts to drive up prosecutions and convictions.’

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Ministry of Justice, 16th June 2022

Source: www.gov.uk

Speech by the Lord Chief Justice: Slynn Lecture – Courts and Tribunals Judiciary

Posted June 17th, 2022 in coronavirus, criminal justice, Crown Court, judges, solicitors, speeches by sally

‘Speech by the Lord Chief Justice: Slynn Lecture.’

Full speech

Courts and Tribunals Judiciary , 16th June 2022

Source: www.judiciary.uk

Apple faces £768m collective action for ‘throttling’ iPhones – Law Society’s Gazette

‘Technology giant Apple is facing a £768m collective action over claims it secretly “throttled” iPhones with software updates to disguise overloaded batteries.
Consumer champion Justin Gutmann, formerly of Citizens Advice, is bringing the case on behalf of around 25 million people against Apple for allegedly abusing its market dominance by concealing a ‘power management tool’ in updates which reduced iPhones’ performance by up to 58%.’

Full Story

Law Society's Gazette, 16th June 2022

Source: www.lawgazette.co.uk

Financial Remedy Update, June 2022 – Family Law Week

Posted June 17th, 2022 in children, divorce, domestic violence, families, family courts, fees, news by sally

‘Rose-Marie Drury, Principle Associate at Mills & Reeve LLP considers the most important news and case law relating to financial remedies and divorce during May 2022.’

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Family Law Week, 13th June 2022

Source: www.familylawweek.co.uk

Liverpool gangland enforcer charged £10k to blind victim – BBC News

‘A gangland enforcer who threw acid in a man’s face and plotted to blind others under the orders of an underworld crime boss has been jailed for life.’

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BBC News, 16th June 2022

Source: www.bbc.co.uk

Burying of Victorian bridge in Cumbria must be reversed, says council – The Guardian

Posted June 17th, 2022 in complaints, local government, news, planning, railways, repairs, roads by sally

‘The government’s road agency will be forced to remove hundreds of tonnes of concrete it used to bury a Victorian bridge arch despite offering a £450,000 sweetener to allow the controversial scheme to stay. Eden district council’s planning committee resisted the offer by unanimously deciding to refuse National Highways (NH) retrospective planning permission for a crude infilling project at Great Musgrave, Cumbria, that was widely condemned as “cultural vandalism”.’

Full Story

The Guardian, 16th June 2022

Source: www.theguardian.com

Co-owners jailed and firm fined £2m over deaths of workers in animal feed tanker – The Independent

‘A food waste recycling company has been fined £2 million and one of its co-owners jailed for 13 years after two workers died in a road haulage tanker containing pig feed.’

Full Story

The Independent, 16th June 2022

Source: www.independent.co.uk