Current Awareness – Page 487 – Legal News selected by the Inner Temple Library

Case Preview: DCM (Optical Holdings) Ltd v Commissioners for Her Majesty’s Revenue and Customs (Scotland) – UKSC Blog

Posted May 26th, 2022 in news, Scotland, Supreme Court, time limits, VAT by sally

‘DCM is an optician that sells spectacles and provides refractive eye surgery services. Under the value added tax regime, it makes both taxable supplies of goods and exempt supplies of medical services. The dual nature of its supplies creates difficulties in calculating the amount of VAT chargeable on its supplies and input tax recoverable on its acquisitions. In fact, from at least 2000, DCM had been in dispute with HMRC over a different input tax and output tax related issue.’

UKSC Blog, 25th May 2022

Source: ukscblog.com

How Deportation Flights Affect Our Human Rights – Each Other

Posted May 26th, 2022 in deportation, human rights, immigration, news by sally

‘Last Wednesday, the UK government deported seven Jamaican nationals living in the UK. Under the UK Borders Act (2007), any foreign national who has served a prison sentence of 12 months or longer may face deportation. One father left behind his partner and his five-year-old daughter. For him, and for others in his position, it will be a struggle to see his family again, despite the right to a family life which is protected under the Human Rights Act (HRA).’

Each Other, 25th May 2022

Source: eachother.org.uk

‘Guilty as charged’: top UK officer urges police chiefs to admit institutional racism – The Guardian

Posted May 26th, 2022 in minorities, news, police, racism by sally

‘One of Britain’s most senior officers has called on chiefs to admit that institutional racism blights policing, declaring “we are guilty as charged”, and blaming failures on the leadership of law enforcement.’

The Guardian, 25th May 2022

Source: www.theguardian.com

Plans to put victims back at the centre of justice system published – Ministry of Justice

Posted May 26th, 2022 in bills, criminal justice, news, prosecutions, victims by sally

‘Draft legislation published today by the Deputy Prime Minister Dominic Raab will pave the way for the first ever Victims’ Law – putting their needs and voices firmly at the heart of the justice system.’

Ministry of Justice, 25th May 2022

Source: www.gov.uk

Patient funding request for life-saving treatment – Law Society’s Gazette

Posted May 26th, 2022 in cancer, judicial review, medical treatment, news, Wales by sally

‘The case of R (on the application of Wallpott) v Welsh Health Specialised Services Committee and Aneurin Bevan University Health Board [2021] EWHC 3291 (Admin) [2022] ACD 27 involved a challenge to a refusal to fund potentially life-saving medical treatment. It concerned Maria Wallpott, a 50-year-old woman with a rare form of appendix cancer. Ms Wallpott’s clinicians had recommended that she undergo cytoreductive surgery with hyperthermic intraperitoneal chemotherapy (CRS with HIPEC). This treatment, involving the surgical removal of visible tumour and flushing with a heated chemotherapy agent, was not routinely available in Wales, in contrast to England, Scotland and Northern Ireland. An individual patient funding request (IPFR) was therefore made by Ms Wallpott’s doctor to the Welsh Health Specialised Services Committee (WHSSC), which acted on behalf of the local health board. A WHSSC panel refused the request and maintained its decision on review.’

Law Society's Gazette, 20th May 2022

Source: www.lawgazette.co.uk

Court of Protection judge calls for further evidence in Covid-19 vaccination case – Local Government Lawyer

Posted May 26th, 2022 in coronavirus, Court of Protection, disabled persons, evidence, news, vaccination by sally

‘A Court of Protection judge has taken what he called the “rare step” of seeking more evidence before making a ruling over whether a man with severe disabilities should be given the Covid-19 vaccination.’

Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

What Is Modern Slavery And Are Victims Being Failed? – Each Other

Posted May 26th, 2022 in drug trafficking, forced labour, immigration, news, trafficking in human beings, victims by sally

‘Despite protections under the Modern Slavery Act (2015), victims of modern slavery in the UK are still struggling to access support, or to be recognised as victims at all. In the first three months of 2021, almost 3,000 potential victims were referred to the Home Office. According to a recent Freedom of Information (FOI) request filed by EachOther to the Home Office, between January and September 2021, immigration authorities detained 229 people who were identified as possible victims of modern slavery. Now, charities have raised concerns over the government’s approach to children exploited by drug trafficking gangs and migrant victims of modern slavery, who may be detained and deported if identified.’

Each Other, 23rd May 2022

Source: eachother.org.uk

Claimant wins High Court battle over decision by council that statutory overcrowding was ‘deliberate act’ – Local Government Lawyer

Posted May 26th, 2022 in families, housing, human rights, judicial review, local government, news by sally

‘A family from Ecuador has won a judicial review of the London Borough of Southwark’s decision that their dwelling was statutorily overcrowded but this had been caused by a “deliberate act” on their part.’

Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 25th, 2022 in legislation by michael

SI 2022/577 – The Agriculture and Horticulture Development Board (Amendment) Order 2022

SI 2022/573 – The M25 Junction 28 Development Consent Order 2022

SI 2022/572 – The Alternative Finance (Income Tax, Capital Gains Tax and Corporation Tax) Order 2022

SI 2022/570 – The Air Navigation (Restriction of Flying) (Auchenbreck) (Emergency) (No. 3) Regulations 2022

SI 2022/569 – The Finance Act 2022, Schedule 6 (Dormant Assets) (Appointed Day) Regulations 2022

SI 2022/568 – The Prohibition of Cross-Examination in Person (Civil and Family Proceedings) Regulations 2022

SI 2022/567 – The Prohibition of Cross-Examination in Person (Fees of Court-Appointed Qualified Legal Representatives) Regulations 2022

SI 2022/565 – The Boiler Upgrade Scheme (England and Wales) Regulations 2022

SI 2022/562 – The Special Measures in Civil Proceedings (Specified Offences) Regulations 2022

SI 2022/561 – The Building Safety Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022

SI 2022/560 – The Novel Foods (Authorisations) and Smoke Flavourings (Modification of Authorisations) (England) Regulations 2022

SI 2022/559 – The Misuse of Drugs (Amendment) (Revocation) (England, Wales and Scotland) Regulations 2022

SI 2022/558 – The Electricity (Individual Exemption from the Requirement for a Transmission Licence) (East Anglia One) (England) Order 2022

SI 2022/557 – The Air Navigation (Restriction of Flying) (Chelsea Flower Show) Regulations 2022

SI 2022/556 – The Access to the Countryside (Coastal Margin) (Shoreham by Sea to Eastbourne) Order 2022

SI 2022/555 – The Tax Credits and Child Benefit (Miscellaneous Amendments) Regulations 2022

SI 2022/554 – The Abortion (Northern Ireland) Regulations 2022

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

SI 2022/552 – The Air Navigation (Restriction of Flying) (Royal International Air Tattoo) Regulations 2022

SI 2022/551 – The Air Navigation (Restriction of Flying) (Platinum Jubilee Flypast Rehearsals) (Amendment) Regulations 2022

SI 2022/550 – The Air Navigation (Restriction of Flying) (Southport) Regulations 2022

SI 2022/549 – The M25 Junction 10/A3 Wisley Interchange Development Consent Order 2022

SI 2022/546 – The Air Navigation (Restriction of Flying) (Farnborough International Air Show) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 25th, 2022 in law reports by michael

Supreme Court

Competition and Markets Authority v Flynn Pharma Ltd & Anor [2022] UKSC 14 (25 May 2022)

Court of Appeal (Civil Division)

YZ v Chief Constable of South Wales Police [2022] EWCA Civ 683 (19 May 2022)

Court of Appeal (Criminal Division)

Padman v Regina [2022] EWCA Crim 690 (23 May 2022)

High Court (Administrative Court)

British Medical Association & Anor, R (On the Application Of) v Secretary of State for Defence [2022] EWHC 1262 (Admin) (25 May 2022)

The Chief Constable of Northumbria Police, R (On the Application Of) v Police Misconduct Panel [2022] EWHC 1217 (Admin) (24 May 2022)

Roman, R (On the Application Of) v London Borough of Southwark [2022] EWHC 1232 (Admin) (24 May 2022)

Goesa Ltd, R (On the Application Of) v Eastleigh Borough Council [2022] EWHC 1221 (Admin) (23 May 2022)

Vanbrugh Court Residents’ Association v London Borough of Lambeth [2022] EWHC 1207 (Admin) (20 May 2022)

Bullock & Anor v Director of Public Prosecutions [2022] EWHC 1205 (Admin) (20 May 2022)

Crown Prosecution Service v Iqbal [2022] EWHC 1204 (Admin) (19 May 2022)

Suliman, R (On the Application Of) v Bournemouth, Christchurch and Poole Council [2022] EWHC 1196 (Admin) (19 May 2022)

High Court (Chancery Division)

Lifestyle Equities CV & Anor v Royal County of Berkshire Polo Club Ltd & Ors [2022] EWHC 1244 (Ch) (25 May 2022)

Procter v Procter & Ors [2022] EWHC 1202 (Ch) (25 May 2022)

Aurium Real Estate London Ultra Prime Ltd v Mishcon De Reya LLP [2022] EWHC 1253 (Ch) (25 May 2022)

McGaughey & Anor v Universities Superannuation Scheme Ltd & Anor [2022] EWHC 1233 (Ch) (24 May 2022)

Montres Breguet SA & Ors v Samsung Electronics Co. Ltd [2022] EWHC 1127 (Ch) (20 May 2022)

Vneshprombank LLC v Bedzhamov [2022] EWHC 1166 (Ch) (20 May 2022)

McCarthy v Brittain & Anor (Re Emerald Meats (London) Ltd and Emerald Properties (London) Ltd) [2022] EWHC 1200 (Ch) (20 May 2022)

Borra v Commissioners for Her Majesty’s Revenue and Customs & Anor [2022] EWHC 1195 (Ch) (19 May 2022)

Makki v Bank of Beirut SAL [2022] EWHC 1206 (Ch) (19 May 2022)

Tik Tok International Ltd v Tiktok Information Technologies UK Ltd [2022] EWHC 1220 (Ch) (18 May 2022)

High Court (Commercial Court)

Ivy Technology Ltd v Martin & Anor [2022] EWHC 1218 (Comm) (20 May 2022)

High Court (Queen’s Bench Division)

Celtic Bioenergy Ltd v Knowles Ltd [2022] EWHC 1223 (QB) (20 May 2022)

Premier Exports London Ltd & Anor v Rajwani [2022] EWHC 1188 (QB) (20 May 2022)

Brooks v Zurich Insurance PLC & Anor [2022] EWHC 1170 (QB) (20 May 2022)

Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors [2022] EWHC 1213 (QB) (20 May 2022)

Shell UK Oil Products Ltd v Persons Unknown [2022] EWHC 1215 (QB) (20 May 2022)

High Court (Technology & Construction Court)

Liverpool City Council v Vital Infrastructure Asset Management (Viam) Ltd [2022] EWHC 1235 (TCC) (Date Handed Down: 24 May 2022)

Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2022] EWHC 1203 (TCC) (19 May 2022)

Source: www.bailii.org

R (Sheakh) v Lambeth London Borough Council – Equality Law Blog

Posted May 25th, 2022 in appeals, disability discrimination, disabled persons, equality, local government, news, road traffic by sally

‘The Court of Appeal dismissed an appeal, based on the PSED, from the order of Kerr LJ refusing the claimant’s application for statutory and judicial review of experimental traffic orders (ETOs) creating Low Traffic Neighbourhoods which had been made by the respondent.’

Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Raab promises to put victims ‘firmly at heart of justice system’ – The Independent

Posted May 25th, 2022 in bills, criminal justice, Ministry of Justice, news, statistics, victims by sally

‘The Government has promised to put the “needs and voices” of victims “firmly at the heart of the justice system” with a series of legal reforms.’

The Independent, 25th May 2022

Source: www.independent.co.uk

Rwanda plan challenged over alleged failure to identify risks for LGBTQ+ refugees – The Guardian

Posted May 25th, 2022 in asylum, equality, government departments, homosexuality, immigration, news, refugees, sexual orientation discrimination, transgender persons by sally

‘Priti Patel’s plan to send refugees on a one-way ticket to Rwanda is being legally challenged over the government’s alleged failure to identify risks facing vulnerable groups such as LGBTQ+ people.’

The Guardian, 24th May 2022

Source: www.theguardian.com

Ali v Heathrow Express Operating Company Ltd & Anor – Equality Law Blog

Posted May 25th, 2022 in airports, appeals, employment, employment tribunals, equality, Islam, news, religious discrimination, terrorism by sally

‘This decision is a reminder that, where unwanted conduct related to a protected characteristic is not intended to offend, intimidate, etc, an objective test applies to the question whether conduct amounts to harassment. The claimant was a Muslim employee of Heathrow Express. He complained of harassment and direct discrimination connected with religion after receiving an email concerning a security test carried out by the second respondent, which was responsible for carrying out security checks at Heathrow Airport and Heathrow Express stations at the airport. The test in question had involved a bag containing a box, some electric cabling and, visible at the top, a piece of paper with the words “Allahu Akbar” written in Arabic. The email reporting on the results of the test and included images of the bag and the note.’

Equality Law Blog, 24th May 2022

Source: equalitylawblog.com

Police in England and Wales to get anti-racism training – BBC News

Posted May 25th, 2022 in bias, equality, news, police, race discrimination, racism by sally

‘Police officers in England and Wales will be given mandatory anti-racism training under a new plan to tackle racism, discrimination and bias.’

BBC News, 24th May 2022

Source: www.bbc.co.uk

Imran Ahmad Khan sentenced to 18 months over sexual assault of boy, 15 – The Guardian

Posted May 24th, 2022 in child abuse, news, sentencing, sexual offences by sally

‘The former Conservative MP Imran Ahmad Khan has been sentenced to 18 months in jail for sexually assaulting a 15-year-old boy after plying him with gin at a party in 2008.’

The Guardian, 23rd May 2022

Source: www.theguardian.com

Merely technical breaches of TUPE, and can liability survive a withdrawal? – 3PB

Posted May 24th, 2022 in compensation, employment tribunals, news, transfer of undertakings by sally

‘The Employment Appeal Tribunal considered the Tribunal’s discretion to make (or not make) an award of compensation for breaches of TUPE Regulations, and the effect of withdrawal of a claim on a defendant’s liability to pay compensation, in circumstances where the claimant has no freestanding right to bring a claim against them.’

3PB, 3rd May 2022

Source: www.3pb.co.uk

Case Management Order unintentionally struck out claim – 3PB

Posted May 24th, 2022 in appeals, case management, employment tribunals, litigants in person, news, striking out by sally

‘It is commonplace – as the President of the EAT observed in this appeal – for ETs, carrying out their case management functions at a private preliminary hearing, to seek to clarify the claims that are being pursued and to draw up a list of issues to be determined at the full merits hearing in order to decide those claims. In the present case, such a task came before an EJ sitting alone at a closed preliminary hearing – together with a great quantity of material including a document setting out the claimant’s grounds of complaint over some 64 pages.’

3PB, 3rd May 2022

Source: www.3pb.co.uk

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