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

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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

‘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.’

Full Story

Local Government Lawyer, 26th May 2022

Source: www.localgovernmentlawyer.co.uk

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

‘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.’

Full Story

Each Other, 23rd May 2022

Source: eachother.org.uk

Review calls for child protection overhaul in England after two deaths – The Guardian

Posted May 26th, 2022 in child abuse, children, homicide, news, police, reports, social services by sally

‘Child protection services in England face a shake-up after an independent review of safeguarding failures that led to the killings of six-year-old Arthur Labinjo-Hughes and the toddler Star Hobson.’

Full Story

The Guardian, 26th May 2022

Source: www.theguardian.com

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.’

Full Story

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