Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Bennett & Ors v Director of Public Prosecutions [2022] EWHC 1822 (Admin) (14 July 2022)
High Court (Queen’s Bench Division)
Abbott & Ors v Ministry of Defence [2022] EWHC 1807 (QB) (15 July 2022)
Lindsay v O’Loughnane [2022] EWHC 1829 (QB) (14 July 2022)
High Court (Technology and Construction Court)
Martlet Homes Ltd v Mulalley & Co Ltd [2022] EWHC 1813 (TCC) (14 July 2022)
Source: www.bailii.com
New Guidance on Private Life and Relationships with Partner – EIN Blog
‘At the end of June 2022 two new guidances were issued. The newly emerged guidance on private life which came into force on 20th June 2022 and a new policy guidance on relationships with a partner relating to Appendix relationships with partner.’
EIN Blog, 15th July 2022
Source: www.ein.org.uk
Synod vote on “assisted suicide” – Law & Religion UK
‘Following the debate on Dr Simon Eyre’s Private Members’ Motion on Assisted Suicide on 10 July 2022, General Synod voted 289 in favour, 25 against and 33 abstentions; the Church of England issued the Press Release More funding needed for palliative care, General Synod hears, in debate on Assisted Suicide.’
Law & Religion UK, 12th July 2022
Source: lawandreligionuk.com
Reforming clergy discipline in the Church of England – Law & Religion UK
‘The General Synod of the Church of England has voted in favour of the first steps to legislate for a Clergy Conduct Measure which will replace the Clergy Discipline Measure 2003. The vote follows the publication of the report by the Clergy Conduct Measure Implementation Group, Under Authority Revisited, which sets out proposals for complaints to be allocated into three different tracks, depending on seriousness: “Grievance”, “Allegation of misconduct” and “Allegation of serious misconduct”.’
Law & Religion UK, 13th July 2022
Source: lawandreligionuk.com
Pensions disputes: Ombudsman clarifies ill health benefit complaints approach – OUT-LAW.com
‘Ill health pensions are frequently the subject of complaints to the UK’s Pensions Ombudsman (PO), who has helpfully explained his role and approach in two recent determinations.’
OUT-LAW.com, 14th July 2022
Source: www.pinsentmasons.com
Thousands of offenders in work as UK businesses help break cycle of crime – Ministry of Justice
‘Almost 4,000 ex-offenders have been helped into work since the launch of a major drive to increase employment and cut crime.’
Ministry of Justice, 15th July 2022
Source: www.gov.uk
Sheffield City Council repeatedly let down vulnerable woman – ombudsman – BBC News
‘A vulnerable young woman was told by a council investigation she could have stopped the abuse she experienced if she had spoken up sooner.’
BBC News, 15th July 2022
Source: www.bbc.co.uk
Monmouth: Cyclist jailed for fatal crash with pedestrian – BBC News
‘A cyclist who hit a pedestrian as she walked on a pavement, causing her death, has been jailed for 12 months.’
BBC News, 15th July 2022
Source: www.bbc.co.uk
Forced adoptions: Call for government apology to mothers – BBC News
‘Hundreds of thousands of unmarried women who were forced to give up their babies for adoption should receive a government apology, a report has said.’
BBC News, 15th July 2022
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
CK, Re (A Child: Fact-Finding) [2022] EWCA Civ 952 (13 July 2022)
Source: www.bailii.org
Affordability and intentional homelessness – assessments and guidance – Nearly Legal
‘Baptie v The Royal Borough of Kingston Upon Thames (2022) EWCA Civ 888. This was a second appeal, brought by RBKT from a s.204 appeal that had overturned their decision that Ms Baptie was intentionally homeless from a housing association property due to rent arrears. The Council review officer had found “that the rent due to the Housing Association had been affordable for Ms Baptie, but she had failed to claim tax credits to which she was entitled and spent an unreasonable amount on living expenses. On the second point, the officer relied in part on figures contained in guidance issued by the Association of Housing Advice Services (“AHAS”).” (The first decision maker had found intentionality because Ms B was alleged not to have applied for Discretionary Housing Payments. The review officer found on these other grounds.)’
Nearly Legal, 12th July 2022
Source: nearlylegal.co.uk
Rabbit holes to fall down – Nearly Legal
‘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.’
Nearly Legal, 12th July 2022
Source: nearlylegal.co.uk
Workplace fatalities data highlights employers’ health and safety duties – OUT-LAW.com
‘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.’
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
‘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.’
Practical Law: Construction Blog, 13th July 2022
Parliament’s watchdogs – UCL Constitution Unit
‘The Constitution Unit publishes the results of a landmark investigation into the independence and accountability of parliament’s watchdogs.’
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
‘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.’
Local Government Lawyer, 12th July 2022
Source: www.localgovernmentlawyer.co.uk
