Rabbit holes to fall down – Nearly Legal

Posted July 14th, 2022 in harassment, judicial review, landlord & tenant, leases, news, repossession by sally

‘In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively important in legal terms, but I can promise at least two or three jaw drops per judgment, and you may find you have spent days down the rabbit holes.’

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Nearly Legal, 12th July 2022

Source: nearlylegal.co.uk

Workplace fatalities data highlights employers’ health and safety duties – OUT-LAW.com

Posted July 14th, 2022 in accidents, employment, health & safety, news, statistics by sally

‘The latest data on workplace fatalities in Britain should sharpen the focus of employers on ensuring their workplaces are safe environments for both workers and members of the public, a health and safety expert has said.’

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OUT-LAW.com, 13th July 2022

Source: www.pinsentmasons.com

Gama Aviation v MWWMMWM: the problem of contractual formalities and informal novation – Practical Law: Construction Blog

Posted July 14th, 2022 in amendments, contracts, interpretation, news by sally

‘The problem of what happens when parties do not act in accordance with contractual formalities is a hardy perennial in commercial disputes. Certain instances of the problem are peculiar to the construction industry, notably absent or inadequate notices of events giving rise to time and money, or absent or inadequate payment or pay less notices. Each of these has given rise to complex caselaw. Other instances are common to all commercial contexts. One is the practice of including a “no oral modification” clause in a contract, but then informally agreeing an amendment. This situation has proved sufficiently difficult to require a thorough review and restatement of the law by the Supreme Court in MWB Business Exchange Centres Ltd v Rock Advertising Ltd.’

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Practical Law: Construction Blog, 13th July 2022

Source: constructionblog.practicallaw.com

Parliament’s watchdogs – UCL Constitution Unit

Posted July 14th, 2022 in boundaries, elections, news, parliament, reports, standards by sally

‘The Constitution Unit publishes the results of a landmark investigation into the independence and accountability of parliament’s watchdogs.’

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UCL Constitution Unit, 12th July 2022

Source: www.ucl.ac.uk

Regulator of Social Housing launches first of its kind investigation into for-profit housing provider – Local Government Lawyer

Posted July 14th, 2022 in financial regulation, housing, news, standards by sally

‘A housing provider specialising in shared ownership which operates in more than 190 local authority areas in the United Kingdom is under investigation by the Regulator of Social Housing over financial and governance compliance concerns.’

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Local Government Lawyer, 12th July 2022

Source: www.localgovernmentlawyer.co.uk

Kent council fights off JR of caravan removal action – Local Government Lawyer

Posted July 14th, 2022 in children, judicial review, local government, news, travellers by sally

‘The High Court has rejected a judicial review brought over whether Thanet District Council was right to serve direction notices on people living in caravans at Ramsgate port.’

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Local Government Lawyer, 14th July 2022

Source: www.localgovernmentlawyer.co.uk

BSB to probe if solicitors give clients choice when instructing barristers – Legal futures

Posted July 14th, 2022 in barristers, consumer protection, diversity, equality, legal representation, news, solicitors by sally

‘The Bar Standards Board (BSB) is to gather evidence from solicitors on how they choose a barrister, including whether they offer their clients a choice – or even take account of a client’s views.’

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Legal Futures, 14th July 2022

Source: www.legalfutures.co.uk

A guide to protecting non-matrimonial assets in divorce – Family Law

Posted July 14th, 2022 in divorce, financial provision, matrimonial home, news by sally

‘A key consideration in any divorce is how to divide your assets. Assets which are acquired or built up during the marriage (matrimonial or marital assets) are generally divided equally. But what if you came into the marriage with significant premarital wealth or received a substantial inheritance before or after your separation? You may feel that it is unfair for these assets to be divided at all, and you may want to protect them in the event of a divorce.’

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Family Law, 14th July 2022

Source: www.familylaw.co.uk

CPS launches Defendants strategy with pledge to focus on mental health, youth justice and disproportionality – Crown Prosecution Service

Posted July 14th, 2022 in case management, Crown Prosecution Service, mental health, news, press releases, proportionality, young persons, youth courts by sally

‘A commitment to fairness for all parties is at the heart of a new Defendants Strategy, launched today by the Crown Prosecution Service (CPS).’

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Crown Prosecution Service, 13th July 2022

Source: www.cps.gov.uk

BSB publishes new Equality and Research Strategies – Bar Standards Board

Posted July 14th, 2022 in barristers, bullying, diversity, equality, harassment, news by sally

‘The Bar Standards Board (BSB) has published a new Equality Strategy and a new Research Strategy.’

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Bar Standards Board, 13th July 2022

Source: www.barstandardsboard.org.uk

Backdating legal aid fee hike is legal – but it’s a pyrrhic victory – Law Society’s Gazette

Posted July 14th, 2022 in fees, legal aid, news, retrospectivity by sally

‘Awarding a 15% fee uplift to existing criminal legal aid cases poses no legal problems, the government has conceded following the threat of litigation.’

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Law Society's Gazette, 13th July 2022

Source: www.lawgazette.co.uk

Heatwave: When is it too hot to work? – BBC News

Posted July 14th, 2022 in employment, health & safety, news, trade unions by sally

‘Is there a maximum temperature for workplaces? No law in the UK says a given temperature is too hot or cold to work.’

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BBC News, 14th July 2022

Source: www.bbc.co.uk

Two Met police officers charged with assault amid claims of excessive force – The Guardian

Posted July 14th, 2022 in assault, London, news, police, stop and search by sally

‘Two Metropolitan police officers have been charged with assault by beating after allegedly using excessive force while searching a man in December 2021.’

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The Guardian, 13th July 2022

Source: www.theguardian.com

Warnings over ‘inconsistent’ monitoring of criminals after release from jail – The Independent

Posted July 14th, 2022 in dangerous offenders, news, probation, reports by sally

‘Dangerous criminals are being downgraded to the lowest level of monitoring from police and other bodies too quickly after being freed from jail, watchdogs have warned.’

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The Independent, 14th July 2022

Source: www.independent.co.uk

David Beckham’s stalker handed restraining order after saying his sperm had ‘fused with her eggs’ – The Independent

Posted July 14th, 2022 in news, restraining orders, stalking by sally

‘An indefinite restraining order has been placed on the stalker of David Beckham after she went to his daughter’s school claiming to be her mother and saying the footballer’s sperm had been fused with her eggs.’

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The Independent, 13th July 2022

Source: www.independent.co.uk

Schools in England advised to assess risk of strip-search before calling police – The Guardian

Posted July 14th, 2022 in London, news, school children, stop and search by sally

‘Schools should “assess and balance” the risk of a potential strip-search to a pupil’s mental and physical wellbeing before calling the police, according to new government guidance.’

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The Guardian, 13th July 2022

Source: www.theguardian.com

UK data watchdog investigates whether AI systems show racial bias – The Guardian

Posted July 14th, 2022 in artificial intelligence, bias, minorities, news, race discrimination, recruitment by sally

‘The UK data watchdog is to investigate whether artificial intelligence systems are showing racial bias when dealing with job applications.’

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The Guardian, 14th July 2022

Source: www.theguardian.com

Mo Farah: Police investigate trafficking revelations – BBC News

Posted July 14th, 2022 in children, London, news, police, trafficking in human beings by sally

‘The Metropolitan Police say they have opened an investigation into Sir Mo Farah’s revelation that he was trafficked to the UK as a child.’

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BBC News, 14th July 2022

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 13th, 2022 in legislation by sally

Court of Appeal (Civil Division)

Mabrouk v Murray [2022] EWCA Civ 960 (12 July 2022)

Court of Appeal (Criminal Division)

Mottram, R. v [2022] EWCA Crim 954 (12 July 2022)

Crerand, R. v [2022] EWCA Crim 962 (12 July 2022)

High Court (Chancery Division)

Tinkler v Esken Ltd (Costs) [2022] EWHC 1802 (Ch) (12 July 2022)

High Court (Commercial Court)

AXA France IARD SA & Anor v Santander Cards UK Ltd & Anor [2022] EWHC 1776 (Comm) (12 July 2022)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 13th, 2022 in legislation by sally

SI 2022/772 – The Warm Home Discount (England and Wales) Regulations 2022

SI 2022/782 – The Money Laundering and Terrorist Financing (High-Risk Countries) (Amendment) (No. 2) Regulations 2022

Source: www.legislation.gov.uk