Recent Statutory Instruments – legislation.gov.uk

Posted May 19th, 2022 in legislation by sally

SI 2022/548 – The Value Added Tax (Reverse Charge Sales Statements) (Revocation, Saving and Transitional Provision) Regulations 2022

SI 2022/547 – The Fire Safety (England) Regulations 2022

SI 2022/545 – The Protection of Trading Interests (Authorisation) (Amendment) Regulations 2022

SI 2022/553 – The Domestic Abuse Act 2021 (Commencement No. 4) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 19th, 2022 in law reports by sally

Supreme Court

Maughan, R. v (Northern Ireland) [2022] UKSC 13 (18 May 2022)

Court of Appeal (Civil Division)

Kalonga, R (On the Application Of) v London Borough of Croydon [2022] EWCA Civ 670 (17 May 2022)

Al-Rawas & Anor v Hassan Khan & Co & Anor [2022] EWCA Civ 671 (17 May 2022)

Court of Appeal (Criminal Division)

Musharraf v The Queen [2022] EWCA Crim 678 (18 May 2022)

High Court (Administrative Court)

Bogdan v Judge of Law Enforcement at Veszprem Regional Court, Hungary [2022] EWHC 1149 (Admin) (18 May 2022)

Johnson & Ors, R (On the Application Of) v The Lord Chancellor [2022] EWHC 1175 (Admin) (17 May 2022)

High Court (Chancery Division)

Veasey v Macdougall & Ors [2022] EWHC 1179 (Ch) (17 May 2022)

High Court (Commercial Court)

Piraeus Bank AE v Antares Underwriting Ltd & Ors [2022] EWHC 1169 (Comm) (17 May 2022)

National Investment Bank Ltd v Eland International (Thailand) Co Ltd & Anor [2022] EWHC 1168 (Comm) (17 May 2022)

PMAX Queen Shipping Ltd & Anor v Olam Agricola LTDA & Ors [2022] EWHC 1198 (Comm) (17 May 2022)

High Court (Queen’s Bench Division)

HM Attorney General for England And Wales v British Broadcasting Corporation (BBC) (No. 3) [2022] EWHC 1189 (QB) (18 May 2022)

Blake & Ors v Fox (Re Trial by Jury) [2022] EWHC 1124 (QB) (18 May 2022)

Fulham Football Club v Jones [2022] EWHC 1108 (QB) (18 May 2022)

Phoebe Charmaine Pickering v Cambridge University Hospitals NHS Foundation Trust [2022] EWHC 1171 (QB) (17 May 2022)

Wright v Granath [2022] EWHC 1181 (QB) (17 May 2022)

Source: www.bailii.org

E-Scooters: The Current Framework – Part 1 – Guildhall Chambers

‘The Queen’s speech 2022 has confirmed what has been widely anticipated by the media and the legal sector – e-scooters will now become a permanent feature on public roads and new legislation is expected under the Transport Bill.’

Full Story

Guildhall Chambers, 12th May 2022

Source: www.guildhallchambers.co.uk

Alerter by Kathleen Donnelly and Thomas Evans – No Relief from Missed Cut-Off Date – Henderson Chambers

Posted May 18th, 2022 in chambers articles, delay, news, solicitors, time limits by sally

‘Claimants who missed the cut-off date for joining the VW NOx Emissions Group Litigation were refused relief from sanction in Baker & Ors v VWAG & Ors [2022] EWHC 810 (QB).’

Full Story

Henderson Chambers, 9th May 2022

Source: www.hendersonchambers.co.uk

Limitation and Retrospective Effect: Abdelsalam v Expresso Telecom Group Ltd – Littleton Chambers

Posted May 18th, 2022 in appeals, chambers articles, employment, limitations, news, time limits by sally

‘James Bickford Smith and James Green review the recent judgment of the Dubai International Financial Centre Court of Appeal in Abdelsalam v Expresso Telecom Group [2021] DIFC CA 011. The decision resolved uncertainty as to whether the 2019 Employment Law could render earlier-issued claims under the 2005 Law out of time, and confirmed the presumption that DIFC law should not have retrospective effect.’

Full Story

Littleton Chambers, 11th May 2022

Source: littletonchambers.com

R v Daniels: returning instructions – Doughty Street Chambers

Posted May 18th, 2022 in appeals, barristers, chambers articles, legal representation, news by sally

‘Professionally embarrassed? The circumstances in which criminal barristers may return instructions to appear at trial have become clearer following the Court of Appeal judgment in R v Daniels.’

Full Story

Doughty Street Chambers, 10th May 2022

Source: insights.doughtystreet.co.uk

Costs in Contempt Proceedings – Francis Taylor Building

Posted May 18th, 2022 in appeals, chambers articles, costs, injunctions, news, trespass by sally

‘The Court of Appeal has handed down judgment in The Secretary of State for Transport and High Speed 2 Ltd v Cuciurean [2022] EWCA Civ 661 (link), an appeal against a costs order made against Mr Cuciurean after his committal for contempt for breaching an anti-trespass injunction. The breaches arose in the context of Mr Cuciurean’s opposition to and desire to protest against the HS2 project.’

Full Story

Francis Taylor Building, 16th May 2022

Source: www.ftbchambers.co.uk

Public Road or Private Land? The Application of RTA Insurance following the Motor Vehicles (Compulsory Insurance) Act 2022 – Farrar’s Building

Posted May 18th, 2022 in accidents, bills, chambers articles, insurance, news, road traffic by sally

‘Having received Royal Assent on 28 April 2022, the Motor Vehicles (Compulsory Insurance) Bill is now an Act of Parliament: the Motor Vehicles (Compulsory Insurance) Act 2022 (“the Act”). The Act makes clear the distinction between UK law and European Motor Insurance Directives. Further, the Act defines the categories of vehicle requiring compulsory insurance and the circumstances in which compulsory insurance is required.’

Full Story

Farrar's Building, 16th May 2022

Source: www.farrarsbuilding.co.uk

Landlord ordered to pay £230k over flats that were below minimum size standards and not in compliance with planning permission – Local Government Lawyer

‘A landlord in London who “illegally squashed” seven flats into a development that only had planning permission for six, has been ordered to pay £230,000 under a confiscation order.’

Full Story

Local Government Lawyer, 17th May 2022

Source: www.localgovernmentlawyer.co.uk

Shani Warren: Man guilty of murder in 1987 Taplow Lake case – BBC News

‘A man has been found guilty of murdering a woman who was found bound and gagged in a lake 35 years ago.’

Full Story

BBC News, 17th May 2022

Source: www.bbc.co.uk

Warwickshire fraudster jailed over fake Covid certificates – BBC News

Posted May 18th, 2022 in coronavirus, fraud, holidays, imprisonment, news, sentencing by sally

‘A fraudster who conned holidaymakers into paying for fake Covid-19 certificates has been jailed.’

Full Story

BBC News, 17th May 2022

Source: www.bbc.co.uk

Two men convicted after schoolgirl kidnapped, raped and beaten with nunchucks – The Independent

‘Two friends who kidnapped a schoolgirl, beat her with nunchucks and repeatedly raped her have been convicted.’

Full Story

The Independent, 17th May 2022

Source: www.independent.co.uk

Woman convicted of murdering baby she wanted to adopt – The Guardian

‘A former care worker who used physical force and lost her temper with a baby boy she was in the process of adopting has been found guilty of murder.’

Full Story

The Guardian, 17th May 2022

Source: www.theguardian.com

Withholding religious divorce controlling and coercive behaviour: Moher – Law & Religion UK

‘In 2021, the UK Parliament passed amendments to the Domestic Abuse Bill and the Serious Crime Act which stipulated that withholding a Get can constitute a violation of those laws. The draft statutory guidance under the Domestic Abuse Act 2021 recognised that withholding a religious divorce both by Muslim and Jewish husbands may constitute controlling or coercive behaviour and a form of spiritual abuse which could lead the husband to be imprisoned. This development was in reaction to various calls for action to tackle the issue of ‘chained wives’ in religious communities.’

Full Story

Law & Religion UK, 17th May 2022

Source: lawandreligionuk.com

National Action: Nazi Alex Davies guilty of fascist group membership – BBC News

Posted May 18th, 2022 in news, proscribed organisations by sally

‘A man has been found guilty of being a member of a banned fascist group.’

Full Story

BBC News, 19th May 2022

Source: www.bbc.co.uk

Daughter of woman whose corpse was abused loses High Court inquiry fight – The Independent

‘A woman whose mother’s corpse was abused by a necrophiliac murderer has lost a High Court fight with Health Secretary Sajid Javid over arrangements for a public inquiry.’

Full Story

The Independent, 17th May 2022

Source: www.independent.co.uk

Plight of Afghan judges in spotlight as court hears UK asylum challenge – The Guardian

Posted May 17th, 2022 in Afghanistan, asylum, judicial review, judiciary, news by sally

‘Alleged inconsistencies in the way the UK Home Office and Foreign Office process asylum applications from vulnerable judges in hiding in Afghanistan are being challenged at the high court in London on Tuesday.’

Full Story

The Guardian, 17th May 2022

Source: www.theguardian.com

New Acts – legislation.gov.uk

Posted May 17th, 2022 in elections, legislation by sally

2022 c. 37 – Elections Act 2022

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 17th, 2022 in legislation by sally

SI 2022/544 – The Fire Safety Act 2021 (Commencement) (England) Regulations 2022

SI 2022/540 – The Civil and Family Proceedings Fees (Amendment) Order 2022

SI 2022/543 – The Food and Feed (Fukushima Restrictions) (Revocation) (England) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 17th, 2022 in law reports by sally

Court of Appeal (Civil Division)

The Secretary of State for Transport & Anor v Cuciurean [2022] EWCA Civ 661 (16 May 2022)

Hoey & Ors v Revenue & Customs [2022] EWCA Civ 656 (13 May 2022)

High Court (Administrative Court)

A Parent, R (On the Application Of) v Borough of XYZ [2022] EWHC 1146 (Admin) (16 May 2022)

Bunyan (Listing Officer) v Patel [2022] EWHC 1143 (Admin) (16 May 2022)

BVN, R (On the Application Of) v Secretary of State for the Home Department [2022] EWHC 1159 (Admin) (16 May 2022)

E3 & Ors v Secretary of State for the Home Department [2022] EWHC 1133 (Admin) (13 May 2022)

Taggart v The Royal College of Surgeons of England & Anor [2022] EWHC 1141 (Admin) (13 May 2022)

High Court (Chancery Division)

Gray v Smith & Anor [2022] EWHC 1153 (Ch) (16 May 2022)

Alokaili v Chohan & Ors [2022] EWHC 1126 (Ch) (16 May 2022)

Jesseman & Anor v Ali & Anor [2022] EWHC 1080 (Ch) (16 May 2022)

Rushbrooke UK Ltd v 4 Designs Concept Ltd [2022] EWHC 1110 (Ch) (13 May 2022)

High Court (Commercial Court)

Loreley Financing (Jersey) No 30 Ltd v Credit Suisse Securities (Europe) Ltd [2022] EWHC 1136 (Comm) (13 May 2022)

Invest Bank PSC v El-Husseini & Ors [2022] EWHC 894 (Comm) (13 May 2022)

PJSC National Bank Trust & Anor v Mints & Ors [2022] EWHC 1132 (Comm) (13 May 2022)

Sinha v Taylor & Anor [2022] EWHC 1096 (Comm) (12 May 2022)

High Court (Queen’s Bench Division)

Christie v Canaccord Genuity Ltd [2022] EWHC 1130 (QB) (16 May 2022)

MBR Acres td & Ors v Maher & Anor [2022] EWHC 1123 (QB) (16 May 2022)

Lees v Kaye [2022] EWHC 1151 (QB) (13 May 2022)

Source: www.bailii.org