BAILII: Recent Decisions

Posted September 12th, 2022 in law reports by tracey

High Court (Chancery Division)

Ramus v Holt & Ors (Re Estate of Christopher Stewart Ramus) [2022] EWHC 2309 (Ch) (08 September 2022)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 12th, 2022 in legislation by tracey

SI 2022/951 – The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 28) Order 2022

SI 2022/954 – The Sovereign Grant Act 2011 (Duration of Sovereign Grant Provisions) Order 2022

Source: www.legislation.gov.uk

Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law – UK Constitutional Law Association

‘Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the Bill would never have been able to make good on the hopes of those who wish to see the U.K. unshackled from the jurisdiction of the Strasbourg Court. Rajiv Shah, a former special advisor in the Ministry of Justice and the No 10 Policy Unit, argues that the Bill was presented as containing a lot of red meat – to encourage ECHR sceptics and dismay ECHR advocates – while in reality being little more than a vegan steak. On reflection this is a fairly accurate description. One area of concern, however, was the potential repeal of s. 3 of the Human Rights Act.’

Full Story

UK Constitutional Law Association, 12th September 2022

Source: ukconstitutionallaw.org

Local authority duties towards unaccompanied asylum seeking children – Local Government Lawyer

Posted September 12th, 2022 in asylum, children, immigration, local government, news, statutory duty by tracey

‘Bronwen Jones and Samina Iqbal of Goldsmith Chambers provide comprehensive and up to date legal information covering the duties of local authorities towards asylum-seeking children.’

Full Story

Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Research Briefing: Regulation of estate agents – House of Commons Library

Posted September 12th, 2022 in consultations, consumer protection, estate agents, housing, news, parliament by tracey

‘This briefing paper provides an outline of the current regulation of estate agents. It also looks at past market studies and consultations and considers in detail recent government proposals to tighten regulation.’

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House of Commons Library , 5th September 2022

Source: commonslibrary.parliament.uk

Call for UK’s biggest police force to stop using facial recognition technology – The Independent

Posted September 12th, 2022 in facial mapping, London, news, police, privacy by tracey

‘Fourteen campaign groups have written an open letter to new Metropolitan Police Commissioner Sir Mark Rowley calling on him to end the use of facial recognition technology.’

Full Story

The Independent, 9th September 2022

Source: www.independent.co.uk

Smart motorways: Lack of hard shoulder contributed to death – coroner – BBC News

Posted September 12th, 2022 in accidents, coroners, inquests, news, road safety, roads by tracey

‘The lack of a hard shoulder on a stretch of smart motorway in South Yorkshire contributed to the death of a grandmother, a coroner has ruled.’

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BBC News, 10th September 2022

Source: www.bbc.co.uk

Chris Kaba: Police shooting of unarmed man treated as homicide – BBC News

Posted September 12th, 2022 in criminal justice, firearms, homicide, news, police, professional conduct, racism by tracey

‘A criminal investigation is under way after the police watchdog said it would investigate the shooting of an unarmed black man as a homicide.’

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BBC News, 10th September 2022

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 9th, 2022 in legislation by tracey

SI 2022/938 – The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022

SI 2022/937 – The Electronic Communications (Universal Service) (Amendment) Order 2022

SI 2022/936 – The Professional Qualifications Act 2022 (Commencement No. 1) Regulations 2022

SI 2022/943 – The Accounting Standards (Prescribed Bodies) (United States of America and Japan) (Amendment) Regulations 2022

SI 2022/942 – The Housing Benefit and Universal Credit (Victims of Domestic Abuse and Victims of Modern Slavery) (Amendment) Regulations 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 9th, 2022 in law reports by tracey

Court of Appeal (Criminal Division)

Priestley, R. v [2022] EWCA Crim 1208 (07 September 2022)

High Court (Administrative Court)

Jwanczuk, R (On the Application Of) v Secretary of State for Work and Pensions [2022] EWHC 2298 (Admin) (07 September 2022)

Marten, R (On the Application Of) v Crown Court at Lincoln [2022] EWHC 2283 (Admin) (06 September 2022)

Harris & Anor v Environment Agency [2022] EWHC 2264 (Admin) (06 September 2022)

High Court (Chancery Division)

Pegler & Ors v McDonald & Anor (Re Estate of Clive McDonald) [2022] EWHC 2288 (Ch) (06 September 2022)

High Court (Commercial Court)

Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) (05 September 2022)

High Court (Family Division)

S v A [2022] EWHC 2300 (Fam) (07 September 2022)

Source: www.bailii.org

Supreme Court Confirms Correct Approach to Deportation Cases – UK Human Rights Blog

‘In Secretary of State for the Home Department v HA (Iraq) [2022] UKSC 22, the Supreme Court has confirmed that the Court of Appeal was right to reject the idea that, when assessing whether it would be unduly harsh (and therefore disproportionate) for a person to be deported from the UK, the degree of harshness that would arise from this should be assessed by reference to a comparison with that which would ‘necessarily’ be involved for any child faced with the deportation of a parent. The Court also provided useful guidance concerning the application of the test for whether there are very compelling circumstances rendering deportation disproportionate in a given case.’

Full Story

UK Human Rights Blog, 6th September 2022

Source: ukhumanrightsblog.com

Liability of schools for abuse by work experience student – Local Government Lawyer

‘Paul Donnelly and Samuel Dawber discuss the implications of a recent High Court case where it was found that a relationship between a school and a work experience student was insufficient to give rise to vicarious liability.’

Full Story

Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

The Data Protection and Digital Information Bill: A new UK GDPR? – Local Government Lawyer

Posted September 9th, 2022 in bills, brexit, data protection, EC law, government departments, local government, news by tracey

‘In July the Government published the Data Protection and Digital Information Bill, the next step in its much publicised plans to reform the UK Data Protection regime following Brexit. Ibrahim Hasan sets out the key changes.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Dismissal for a political affiliation – Local Government Lawyer

‘Liz Stevens looks at a recent unfair dismissal case, based on the grounds of political affiliation.’

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Local Government Lawyer, 9th September 2022

Source: www.localgovernmentlawyer.co.uk

Cambridge Symposium on Economic Crime – Crown Prosecution Service

‘DPP Max Hill’s speech to the Cambridge Symposium on Economic Crime.’

Full speech

Crown Prosecution Service, 5th September 2022

Source: www.cps.gov.uk

Crypto market rife for new areas of litigation – Law Society’s Gazette

Posted September 9th, 2022 in cryptocurrencies, fraud, money laundering, news by tracey

‘The highly active cryptocurrency sector will spawn a raft of new areas of litigation, experts told the Law Society’s commercial litigation conference this week.’

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Law Society's Gazette, 8th September 2022

Source: www.lawgazette.co.uk

Barristers accuse ministers of rushing release of pre-recorded video evidence – The Guardian

‘Barristers have accused ministers of ignoring a crisis in the criminal justice system by continuing to roll out pre-recorded video evidence for rape survivors in England and Wales amid a strike by advocates. The policy, allowing complainants of offences including modern slavery to be cross-examined before trial in front of a limited number of people, was extended to five more crown courts on Friday, taking the total to 63. Three-quarters of courts are covered and all will be by the end of the month.’

Full Story

The Guardian, 9th September 2022

Source: www.theguardian.com

Judge to consider trans charity’s appeal to strip LGB Alliance of legal status – The Guardian

Posted September 9th, 2022 in appeals, charities, Charity Commission, gender, homosexuality, news, transgender persons by tracey

‘A judge will consider an appeal by the trans rights charity Mermaids on Friday against the Charity Commission’s decision to award charitable status to the new gay rights organisation LGB Alliance. It is understood to be the first time one charity has attempted to strip legal status from another.’

Full Story

The Guardian, 9th September 2022

Source: www.theguardian.com

Carmarthenshire rapist fathered six children with his daughter – BBC News

Posted September 9th, 2022 in child abuse, children, families, incest, news, rape, sexual offences by tracey

‘A safeguarding report has revealed a man, 62, who had been living in Carmarthenshire, fathered six children with his own daughter.’

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BBC News, 8th September 2022

Source: www.bbc.co.uk

Two government departments reprimanded by UK data watchdog – BBC News

Posted September 9th, 2022 in delay, freedom of information, government departments, news, ombudsmen by tracey

‘Two government departments have been reprimanded by a watchdog for not responding to Freedom of Information (FOI) requests on time.’

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BBC News, 8th September 2022

Source: www.bbc.co.uk