Unravelling – the effect of a debt moratorium on enforcement steps taken during it. – Nearly Legal
‘Lees v Kaye (2022) EWHC 1151 (QB). This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller litigation, the denouments of which I have yet to write up). The case highlights the potential impact of a moratorium and the importance of paying attention to them, because it can give rise to great difficulty in unravelling what has been done.’
Nearly Legal, 15th May 2022
Source: nearlylegal.co.uk
Legal professional privilege in the UK – OUT-LAW.com
‘If a document is privileged, the basic position is it can be withheld from third parties.’
OUT-LAW.com, 13th May 2022
Source: www.pinsentmasons.com
Government to make it easier to levy penalties on companies responsible for leaving potholes – Local Government Lawyer
‘Local authorities will be able to scrutinise poorly performing road work companies more often as part of a new performance-based inspections regime aimed at preventing poor quality road works. The new Government policy will see the worst performing utility companies face financial penalties if they fail to meet “strict” standards.’
Local Government Lawyer, 16th May 2022
Source: www.localgovernmentlawyer.co.uk
Identity of person instructing solicitors not covered by privilege – Legal Futures
‘The High Court has rejected a company’s claim to litigation privilege over the identity of who instructed its lawyers.’
Legal Futures, 16th May 2022
Source: www.legalfutures.co.uk
Judge blasts ‘wasteful’ lawyers who filed 6,000-page bundles – Law Society’s Gazette
‘A High Court judge has issued a stern rebuke to lawyers who ran up massive costs and lumbered the court with voluminous bundles.’
Law Society's Gazette, 16th May 2022
Source: www.lawgazette.co.uk
MoJ denies new pilot scheme removes right to a trial – Law Society’s Gazette
‘The Ministry of Justice has denied it is removing litigants’ right to a trial – despite testing a new scheme where judges can resolve cases before a hearing without the consent of both parties.’
Law Society's Gazette, 13th May 2022
Source: www.lawgazette.co.uk
Home Secretary permanently lifts restrictions on police stop-and-search powers – The Independent
‘The Home Secretary is permanently lifting restrictions placed on police in the use of stop-and-search powers as part of the Government’s strategy to tackle violent crime.’
The Independent, 16th May 2022
Source: www.independent.co.uk
Home secretary Priti Patel overrode legal advice in asylum cases, adding to record costs – The Independent
‘Priti Patel has repeatedly overridden Home Office legal advice on immigration and asylum cases, adding to record costs for the taxpayer, The Independent can reveal.’
The Independent, 15th May 2022
Source: www.independent.co.uk
Jack Monroe to sue MP after he says ‘she makes fortune from the poor’ – The Guardian
‘Jack Monroe has instructed libel lawyers after the Tory MP Lee Anderson alleged the writer and food blogger was profiteering from the poor.’
The Guardian, 15th May 2022
Source: www.theguardian.com
Priti Patel accused of ‘power grab’ over new policing proposals – The Guardian
‘Police leaders have accused Priti Patel of a “power grab” that would allow the home secretary to intervene in local law enforcement matters and silence chiefs who want to speak out on issues deemed politically sensitive.’
The Guardian, 16th May 2022
Source: www.theguardian.com
Herefordshire Council social services separated twins despite expert warnings – BBC News
‘Twins were wrongly split up for adoption after social workers altered an expert report warning of the harm of separation.’
BBC News, 16th May 2022
Source: www.bbc.co.uk
‘Guess what happened?’ Criminal taunted police by posting ‘catch me if you can’ under wanted appeal – The Independent
‘A criminal who wrote “catch me if you can” under his own wanted appeal on Facebook has been jailed for eight years.’
The Independent, 13th May 2022
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
High Court (Commercial Court)
Giddens v Frost & Ors [2022] EWHC 1022 (Comm) (12 May 2022)
High Court (Queen’s Bench Division)
Van Heck v Giambrone & Partners Studio Legale Associato [2022] EWHC 1098 (QB) (12 May 2022)
Source: www.bailii.org
Dual national Pakistani killer who renounced British citizenship loses deportation battle in Court of Appeal – EIN Blog
‘Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492 (14 April 2022). In this important judgment on deportation, dual nationality, foreign criminals, executive powers and duties, proportionality, public interest and the right to respect for private and family life, the Court of Appeal has unanimously held that a person’s status as a foreign criminal status within the meaning of section 32 of the UK Borders Act 2007 and section 117C of the Nationality, Immigration and Asylum Act 2002 has to be determined at the date of the decision to make a deportation order.’
EIN Blog, 13th May 2022
Source: www.ein.org.uk
Charitable trusts environmental investment ruling could have wider repercussions – OUT-LAW.com
‘A decision by the High Court of England and Wales to allow the trustees of two charitable trusts to exclude investments on the grounds that they conflict with their environmental values could have wider impacts for other organisations involved in investment activity, according to two legal experts.’
OUT-LAW.com, 12th May 2022
Source: www.pinsentmasons.com
EV charging infrastructure – construction, projects, planning and tax issues – Practical Law: Construction Blog
‘In the third and final blog in our series looking at common queries on the roll out of EV infrastructure (see our previous blogs on progress and challenges and landlord and tenant issues) we focus on construction, planning and tax aspects.’
Practical Law: Construction Blog, 11th May 2022
