Attorney general says schools do not have to accommodate children’s gender wishes – The Guardian

‘The attorney general, Suella Braverman, has said schools do not have to accommodate children who want to change gender under current legislation.’

Full Story

The Guardian, 27th May 2022

Source: www.theguardian.com

Wimbledon ban on Russian players raises equality law questions – OUT-LAW.com

‘The recent move to ban Russian and Belarussian players from participating in this year’s Wimbledon Championships brings into focus the role of the Equality Act 2010 (“the Act”) in sport.’

Full Story

OUT-LAW.com, 27th May 2022

Source: www.pinsentmasons.com

Reconsidering Asylum: Is it for those who need protection? – EIN Blog

Posted May 30th, 2022 in asylum, immigration, international law, news, refugees by sally

‘In a recent workshop, funded by the Society of Legal Scholars, several legal practitioners, NGOs, policy experts and legal scholars in the field of asylum and nationality studies came together to analyse the asylum related provisions of the new Nationality and Borders Act 2022 (“the Act”). Whilst in Bill form, the UNHCR found the provisions “would penalise most refugees seeking asylum in the country via damaging and unjustified penalties, creating an asylum model that undermines established international refugee protection rules and practices”.’

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EIN Blog, 26th May 2022

Source: www.ein.org.uk

Rhamero West: Three jailed for student’s stab murder – BBC News

Posted May 30th, 2022 in imprisonment, murder, news, sentencing, young offenders by sally

‘Two men have been jailed for life and a teenager has been detained for murdering a 16-year-old who was stabbed after being chased through the streets.’

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BBC News, 28th May 2022

Source: www.bbc.co.uk

Windrush scandal caused by ‘30 years of racist immigration laws’ – report – The Guardian

‘The origins of the Windrush scandal lay in 30 years of racist immigration legislation designed to reduce the UK’s non-white population, according to a leaked government report.’

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The Guardian, 29th May 2022

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 27th, 2022 in legislation by michael

SI 2022/592 – The Green Gas Support Scheme (Amendment) Regulations 2022

SI 2022/591 – The Integrated Care Boards (Nomination of Ordinary Members) Regulations 2022

SI 2022/589 – The Air Navigation (Restriction of Flying) (Revocation) (No. 2) Regulations 2022

SI 2022/588 – The Customs (Export Declarations) (Amendment) Regulations 2022

SI 2022/587 – The Automated and Electric Vehicles Act 2018 (Commencement No. 2) Regulations 2022

Source: legislation.gov.uk

BAILII: Recent Decisions

Posted May 27th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics (UK) Ltd & Anor [2022] EWCA Civ 699 (27 May 2022)

The Secretary of State for the Home Department v Akter & Ors [2022] EWCA Civ 741 (27 May 2022)

High Court (Administrative Court)

Garrett, R (On the Application Of) v Legal Aid Agency [2022] EWHC 1258 (Admin) (27 May 2022)

Hiley v The Secretary of State for Levelling Up, Housing And Communities & Anor [2022] EWHC 1289 (Admin) (27 May 2022)

Pancu v Judicial Authority for Romania [2022] EWHC 1287 (Admin) (27 May 2022)

Secretary of State for Justice, R (On the Application Of) v The Parole Board Of England And Wales & Anor [2022] EWHC 1282 (Admin) (27 May 2022)

Hawker v The Health And Care Professions Council [2022] EWHC 1228 (Admin) (27 May 2022)

Green & Ors v Metropolitan Police Commissioner [2022] EWHC 1286 (Admin) (27 May 2022)

Gurskis v Latvian Judicial Authority [2022] EWHC 1305 (Admin) (27 May 2022)

High Court (Chancery Division)

Ras Al Khaimah Investment Authority v Azima [2022] EWHC 1295 (Ch) (27 May 2022)

High Court (Commercial Court)

Kinled Investments Ltd v Zopa Group Ltd [2022] EWHC 1194 (Comm) (27 May 2022)

High Court (Queen’s Bench Division)

Camberley Group & Ors v Foster & Ors [2022] EWHC 1309 (QB) (27 May 2022)

High Court (Technology & Construction Court)

Standard Life Assurance Lid v Gleeds (UK) (a firm) & Ors [2022] EWHC 1310 (TCC) (27 May 2022)

Tjd Trade Limited v Bam Construction Limited [2022] EWHC 1285 (TCC) (26 May 2022)

Source: www.bailii.org

New Judgment: Competition and Markets Authority v Flynn Pharma Ltd and another, and Competition and Markets Authority v Pfizer Inc and another [2022] UKSC 14 – UKSC Blog

Posted May 27th, 2022 in appeals, competition, costs, news, ombudsmen, Supreme Court by sally

‘The Respondent is a public body tasked with investigating companies suspected of breaching competition law and penalising those found to have done so. The Appellants are both pharmaceutical companies fined by the CMA and both appealed to the Competition Appeal Tribunal (CAT) challenging the CMA’s decision. The CAT allowed the appeals in part, set aside part of the CMA’s decision, and remitted the case to the CMA for reconsideration.’

Full Story

UKSC Blog, 25th May 2022

Source: ukscblog.com

Lessons in dishonesty – 1 Crown Office Row

Posted May 27th, 2022 in appeals, chambers articles, deceit, doctors, news, professional conduct by sally

‘Are there lessons to be learned from three recent High Court decisions concerning allegations of dishonesty? It is instructive that the cases involved the three types of appeal that can bring a disciplinary/regulatory case before the High Court.’

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1 Crown Office Row, 24th May 2022

Source: 1corqmlr.com

Margaret Thatcher statue egg-thrower Jeremy Webster fined – BBC News

Posted May 27th, 2022 in fines, monuments, news, political parties, public order by sally

‘A university arts chief who threw eggs at a statue of Margaret Thatcher within hours of its installation has been fined £90.’

Full Story

BBC News, 26th May 2022

Source: www.bbc.co.uk

Supreme Court maintains SRA costs protection for failed prosecutions – Legal Futures

‘The Supreme Court has upheld the principle that costs should only be awarded against the Solicitors Regulation Authority (SRA) in unsuccessful prosecutions where there is good reason to do so.’

Full Story

Legal Futures, 26th May 2022

Source: www.legalfutures.co.uk

CPS guidance ‘makes things worse’ for rape survivors, victims’ commissioner says – The Guardian

‘New guidance designed to give rape victims confidence to get therapy before their trial “makes things worse” for survivors and lessened their protections, according to the victims’ commissioner, Vera Baird.’

Full Story

The Guardian, 26th May 2022

Source: www.theguardian.com

City council prosecutes landlord for unlawfully evicting family of five – Local Government Lawyer

Posted May 27th, 2022 in harassment, housing, landlord & tenant, local government, news, repossession by sally

‘Chelmsford City Council has prosecuted a landlord who unlawfully evicted a family of five from their home in Chelmsford, Essex, it has been reported.’

Full Story

Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

New rules to protect sex assault victims’ privacy – BBC News

‘Victims of sexual offences have been promised less invasion into their private lives under changes to how evidence is gathered for trials.’

Full Story

BBC News, 26th May 2022

Source: www.bbc.co.uk

Courts send different messages to lawyers over witness statements – Legal Futures

Posted May 27th, 2022 in drafting, judges, news, practice directions, witnesses by sally

‘The strengthened rules on witness statements should not be used as a “weapon with which to fillet” essentially insignificant failures to comply, a High Court judge has said.’

Full Story

Legal Futures, 27th May 2022

Source: www.legalfutures.co.uk

Joint Enterprise: Does Conviction By Association Pose A Risk To Human Rights? – Each Other

‘ “Joint enterprise” is a common law doctrine according to which an individual can be jointly convicted of the crime of another. It is a feature of law that has been misinterpreted for over 30 years. Now, the Crown Prosecution Service (CPS) and the Ministry of Justice (MOJ) may face legal action for breaching their duties under the Equality Act 2010 by failing to record data on joint enterprise prosecutions.’

Full Story

Each Other, 26th May 2022

Source: eachother.org.uk

BAILII: Recent Decisions

Posted May 26th, 2022 in law reports by michael

Court of Appeal (Civil Division)

Farrer & Co LLP v Meyer [2022] EWCA Civ 706 (26 May 2022)

Court of Appeal (Criminal Division)

R v Camara [2022] EWCA Crim 542 (25 May 2022)

R v Wilkes [2022] EWCA Crim 525 (25 May 2022)

High Court (Administrative Court)

Price v Crown Prosecution Service [2022] EWHC 1278 (Admin) (26 May 2022)

JD v Secretary of State for Justice [2022] EWHC 1238 (Admin) (25 May 2022)

United States of America v Al-Sarbel [2022] EWHC 1294 (Admin) (25 May 2022)

High Court (Chancery Division)

Ortho Clinical Diagnostics Holdings Plc, Re [2022] EWHC 1283 (Ch) (26 May 2022)

Tohidi v Estridge [2022] EWHC 1237 (Ch) (26 May 2022)

Turner & Ors v Thomas & Anor [2022] EWHC 1239 (Ch) (26 May 2022)

Bourlakova v Bourlakov [2022] EWHC 1269 (Ch) (26 May 2022)

Primavera Associates Ltd v Hertsmere Borough Council [2022] EWHC 1240 (Ch) (25 May 2022)

High Court (Queen’s Bench Division)

ST v The Chief Constable of Nottinghamshire Police [2022] EWHC 1280 (QB) (26 May 2022)

High Court (Technology & Construction Court)

Northumbria Healthcare NHS Foundation Trust & Anor v Lendlease Construction (Europe) Ltd & Anor [2022] EWHC 1266 (TCC) (25 May 2022)

Source : www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted May 26th, 2022 in legislation by michael

SI 2022/584 – The Sentencing Act 2020 (Surcharge) (Amendment) Regulations 2022

SI 2022/581 – The Immigration and Nationality (Fees) (Amendment) Regulations 2022

SI 2022/578 – The Leasehold Reform (Ground Rent) (Business Lease Notices) Regulations 2022

Source: www.legislation.gov.uk

Nurse fined £10k over NHS pay protest in lockdown wins compensation – The Guardian

Posted May 26th, 2022 in compensation, coronavirus, demonstrations, fines, news, penalties, police, regulations by sally

‘Two NHS nurses have won compensation from Greater Manchester police (GMP) after being fined over a socially distant protest about NHS pay during lockdown.’

Full Story

The Guardian, 25th May 2022

Source: www.theguardian.com

What does UK law say about sexual harassment in the workplace? – OUP Blog

Posted May 26th, 2022 in employment, equality, harassment, news, vicarious liability by sally

‘An MP watching porn in the House of Commons and inappropriate comments made about the deputy leader of the Labour party’s legs: not even the place where our legislation is made appears to be immune from the issue of sexual harassment in the workplace.’

Full Story

OUP Blog, 25th May 2022

Source: blog.oup.com